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

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

Vol. 155 WASHINGTON, WEDNESDAY, MAY 20, 2009 No. 78 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Yesterday, I filed cloture on this leg- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, islation. Under rule XXII, germane UDALL, a Senator from the State of Washington, DC, May 20, 2009. first-degree amendments must be filed To the Senate: New Mexico. Under the provisions of rule I, paragraph 3, by 1 p.m. today. of the Standing Rules of the Senate, I hereby If we are able to reach an agreement, PRAYER appoint the Honorable TOM UDALL, a Senator we will also consider the conference re- The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform port to accompany S. 454, the procure- fered the following prayer: the duties of the Chair. ment legislation, during the day. Let us pray. ROBERT C. BYRD, President pro tempore. Eternal Father, thank You for f Mr. UDALL of New Mexico thereupon today—fresh with sparkling dew and WORKING TOGETHER bright with the splendor of the morn- assumed the chair as Acting President ing Sun. We accept this day as a gift pro tempore. Mr. REID. Mr. President, I made a from Your bounty and will use it for f decision at the beginning of this Con- the glory of Your Name. As our Sen- RECOGNITION OF THE MAJORITY gress to go back to the way the Senate ators strive to do what is best for this LEADER used to be, or at least the way I saw the Senate. I believed if we moved great land, lead them with Your might. The ACTING PRESIDENT pro tem- Guide them by Your higher wisdom and away from the past practices of the pore. The majority leader is recog- last 15 years of limiting the offering of make them know the constancy of nized. Your presence. Lord, give them the amendments, for example, having more greatness of being on Your side and the f debate, not less, that a new spirit delight of knowing they are doing Your SIGNING AUTHORITY would develop in this historic body we will. Keep their hearts and minds riv- Mr. REID. Mr. President, first, I ask call the Senate. eted on You, as they seek to be respon- unanimous consent that today, May 20, I believe that spirit has come—come sive to Your leading. Make them stew- I be authorized to sign any duly en- slowly—but with the trust of the Re- ards of the blessings You have given rolled bills or joint resolutions. publicans growing with the majority, them. The ACTING PRESIDENT pro tem- amendments have come with the idea We pray in the Redeemer’s Name. pore. Without objection, it is so or- of improving or changing legislation, Amen. dered. not the ‘‘I gotcha’’ politics, tactics of the past used by both Democrats and f f Republicans. The result has been legis- SCHEDULE lation being passed of which we can all PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, following take credit: leader remarks, the Senate will resume The lands bill; Ledbetter, equal pay The Honorable TOM UDALL of New consideration of the emergency supple- for men and women; the Children’s Mexico led the Pledge of Allegiance, as mental appropriations bill. There will Health Insurance Program, 14 million follows: be up to 2 hours for debate in relation kids with health insurance; the eco- I pledge allegiance to the Flag of the to the Inouye amendment. That is the nomic recovery package, which is United States of America, and to the Repub- Inouye-Inhofe amendment. The Repub- being felt now around the country; the lic for which it stands, one nation under God, licans will control the first 30 minutes, omnibus spending bill, which was long indivisible, with liberty and justice for all. the majority will control the next 30 overdue; national service legislation, minutes, and the final hour will be allowing 750,000 men and women to be- f equally divided and controlled between come involved in public service, get- the two leaders or their designees, with ting paid a little bit for that but help APPOINTMENT OF ACTING Senators permitted to speak for up to for their college education. PRESIDENT PRO TEMPORE 10 minutes each. Senator INOUYE will We did some things that needed to be The PRESIDING OFFICER. The control the final 5 minutes prior to the done with the budget, reducing the def- clerk will please read a communication vote. Upon the use or yielding back of icit in 5 years by as much as two- to the Senate from the President pro time, the Senate will proceed to vote thirds. We passed housing legislation, tempore (Mr. BYRD). on the amendment. Senators should ex- which will bolster the ability of regu- The assistant legislative clerk read pect the first vote of the day to begin lators to do a good job of watching the following letter: around 11:30 to a quarter of 12. what goes on with housing, including

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

S5649

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5650 CONGRESSIONAL RECORD — SENATE May 20, 2009 strengthening the Federal Deposit In- men and women, risking their lives in the House with wide bipartisan sup- surance Corporation; passing the finan- abroad, and to citizens here at home. port and here by unanimous consent. cial fraud legislation to stop some of Congress will demonstrate its serious- On June 3, we will host a celebration the tactics cheaters use to cause the ness about that responsibility when it in the Capitol, with the State of Cali- problems that were caused leading to votes against an open-ended plan to re- fornia sending their statue of Ronald this economic crisis. Yesterday morn- lease or transfer detainees at Guanta- Wilson Reagan to join the collection of ing, we passed the credit card legisla- namo. State statues from around the country. tion. The administration has shown a good In February 2011, we will commemorate We have a long ways to go. But I deal of flexibility on matters of na- his 100th birthday. think we are beginning to trust each tional security over the past few To his beloved Nancy, his family, and other that amendments are being of- months: on Iraq, for example, in not in- all of us who believe that the best days fered to take provisions out of legisla- sisting on an arbitrary deadline for are ahead in this shining city on a hill, tion or to add to legislation to improve withdrawal; on military commissions, I stand in humble gratitude for his it in the mind of the person offering by deciding to resume their use; on service and great pride that Congress the amendment. prisoner photos, by concluding that re- has finally agreed to enact legislation As a result of this, we can all go back leasing them would jeopardize the safe- to commemorate one of the most im- to our constituencies during this recess ty of our service men and women; and portant Americans of the 20th century. saying we are working together now, on Afghanistan, by replicating the Mr. President, I suggest the absence we are getting some things done. This surge strategy that has worked so well of a quorum. does not help Democrats or Repub- in Iraq. The ACTING PRESIDENT pro tem- licans; it helps us both, and it helps our I hope the administration will show pore. The clerk will call the roll. country. more of this flexibility by changing its The assistant legislative clerk proposition on an arbitrary deadline for f ceeded to call the roll. closing Guantanamo. Americans do not Mr. GRAHAM. Mr. President, I ask RECOGNITION OF THE MINORITY want some of the most dangerous men unanimous consent that the order for LEADER alive coming here or released overseas, the quorum call be rescinded. The ACTING PRESIDENT pro tem- where they can return to the fight, as The ACTING PRESIDENT pro tempore. The Republican leader is recog- many other detainees who have been pore. Without objection, it is so or- nized. released from Guantanamo already dered. have. f f Some will argue that terrorists can WORKING TOGETHER be housed safely in the United States RESERVATION OF LEADER TIME based on past experience. But we have Mr. MCCONNELL. Mr. President, let The ACTING PRESIDENT pro tem- already seen the disruption that just me say to my good friend, the majority pore. Under the previous order, the one terrorist caused in Alexandria, VA. leader, I concur with his observations leadership time is reserved. The number of detainees the adminis- about how the Senate should appro- tration now wants to transfer stateside f priately work. I think we have had a is an order of magnitude greater than SUPPLEMENTAL APPROPRIATIONS process for handling legislation this anything we have considered before. It ACT, 2009 year that both sides can be proud of, is one thing to transfer one or two ter- and I wish to say I concur entirely with The ACTING PRESIDENT pro tem- rorists—disruptive as that may be—it his observations about the way the pore. Under the previous order, the is quite another to transfer 50 to 100, or Senate is working. Senate will resume consideration of more, as Secretary Gates has said Obviously, the minority does not H.R. 2346, which the clerk will report would be involved in any transfer from agree with a lot of the things we are by title. Guantanamo. The assistant legislative clerk read doing, but the opportunity to shape In my view, these men are exactly as follows: legislation and for each Senator to where they belong: locked up in a safe make a difference has been respected and secure prison and isolated many A bill (H.R. 2346) making supplemental ap- this year, and for that I commend the propriations for the fiscal year ending Sep- miles away from the American people. tember 30, 2009, and for other purposes. majority leader. Guantanamo is a secure, state-of-the- Pending: f art facility, it has courtrooms for mili- Inouye-Inhofe amendment No. 1133, to pro- GUANTANAMO tary commissions. Everyone who visits is impressed with it. Even the adminis- hibit funding to transfer, release or incar- cerate detainees detained at Guantanamo Mr. MCCONNELL. Mr. President, tration acknowledges that Guanta- there now appears to be a wide bipar- Bay, Cuba, to or within the United States. namo is humane and well run. Ameri- McConnell amendment No. 1136, to limit tisan agreement in the Senate that cans want these men kept out of their the release of detainees at Guantanamo Bay, closing Guantanamo before the admin- backyards and off the battlefield. Cuba, pending a report on the prisoner popu- istration has a plan to deal with the Guantanamo guarantees it. lation at the detention facility at Guanta- detainees there was a bad idea. Sen- The administration has said the safe- namo Bay. ators will make it official today with ty of the American people is its top pri- Cornyn amendment No. 1139, to express the their votes. ority. I have no doubt this is true, and sense of the Senate that the interrogators, attorneys, and lawmakers who tried in good For months, we have been saying that is precisely why the administra- what Senate Democrats now acknowl- faith to protect the United States and abide tion should rethink—should rethink— by the law should not be prosecuted or other- edge: that because the administration its plan to close Guantanamo by a date wise sanctioned. has no plan for what to do with the 240 certain. It should have focused on a Brownback amendment No. 1140, to express detainees at Guantanamo, it would be plan for these terrorists first. Once the the sense of the Senate on consultation with irresponsible and dangerous for the administration has a plan, we will con- State and local governments in the transfer Senate to appropriate the money to sider closing Guantanamo but not a to the United States of detainees at Naval close it. second sooner. Station Guantanamo Bay, Cuba. AMENDMENT NO. 1133 I commend Senate Democrats for ful- f filling their oversight responsibilities The ACTING PRESIDENT pro tem- by refusing to vote to provide any RONALD REAGAN CENTENNIAL pore. Under the previous order, there funding to close Guantanamo until the COMMISSION will be 2 hours of debate, equally di- administration can prove to the Amer- Mr. MCCONNELL. Mr. President, last vided and controlled between the lead- ican people that closing Guantanamo night, the Senate passed a bill to cre- ers or their designees, with respect to will not make us less safe than Guanta- ate a commission to commemorate the amendment No. 1133, with the first 30 namo has. Those of us in Congress have 100th birthday of our 40th President, minutes under the control of the Re- a responsibility to American service Ronald Wilson Reagan. This bill passed publican leader, the second 30 minutes

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5651 under the control of the majority lead- the Iraqi people joined with our forces you put them becomes possible. With- er, and the final 60 minutes divided and coalition forces and delivered a out what to do, we are never going to equally, with Senators permitted to mighty blow against al-Qaida. Al-Qaida find where to put them. speak for up to 10 minutes, with the is, quite frankly, in the process of I do believe the President and our final 5 minutes under the control of the being defeated by the Iraqi people with military commanders are right when Senator from Hawaii, Mr. INOUYE. our help. Now the fight goes to Paki- they say it is time to start over. It is The Senator from South Carolina. stan and Afghanistan. I cannot think of a shame we are having to start over, Mr. GRAHAM. Thank you, Mr. Presi- a more noble cause than to take up because Guantanamo Bay is a well-run dent. arms and fight back against these ter- jail. But as I mentioned before, this No. 1, I would like to associate my- rorists who wish the world ill, who will ideological struggle we are engaged in, self with the comments of the minority do anything in the name of their reli- the enemy has seized upon the abuses leader about Guantanamo Bay. It is a gion to have their way, and who would at Abu Ghraib, the mistakes at Guan- location that does protect our national make life miserable for parts of this tanamo Bay, and they use that to our interests in terms of a location. It is world and eventually make life miser- detriment. They inflame populations in probably the best run military prison able for us. the Mideast based on our past mis- in the world. I have been there several Imagine a caliphate being established takes. Our commanders have told me times. in Baghdad, which was their plan, to to a person that if we could start over To the guard force and those who are put the Mideast in constant turmoil. with detention policy and show the serving at Guantanamo Bay, in many We would not be able to travel freely in world that we have a new way of doing ways, you are the unsung heroes in this this world. We could not interact or do business—a better way of doing busi- war because it is tough duty. You have business with the people in the Mid- ness—it would improve the ability of to go through a lot to be a member of east. It is a very oil-rich region, so it is our troops to operate in the regions in the Guantanamo Bay guard team. in our national security interests to question where the conflict exists; it They do a wonderful job. It is a very stand with moderate people in the Mid- would undercut the enemy; it would Geneva Conventions-compliant jail, east and other places where al-Qaida help our allies be more helpful to us. and there are some pretty bad char- attempts to take over, and fight back. Our British friends are the best friends acters down there who make life miser- But when we fight back, we don’t have we could hope to have, and they have able for our guard force. But those who to be like them. Quite frankly, if we had a hard time with our detainee pol- serve at Guantanamo Bay do so with are like them when we fight back, we icy. So we have every reason in the dignity and professionalism. Their will lose. world to want to start over, but the motto, I believe, is ‘‘honor bound.’’ This is an ideological struggle. There Congress is right not to allow us to That certainly reflects upon them well. is no capital to conquer. There is no start over until we have a plan. The The idea of the Congress saying we navy to sink or air force to shoot down. Congress, in a bipartisan fashion, is ab- want to plan before we appropriate We cannot kill enough of the terrorists solutely right to keep Guantanamo money to close Guantanamo Bay to win the war. What we have to do is Bay open until we have a complete makes a lot of sense to me. We see a bi- contain them, fight them, and empower plan. I do believe this President under- partisan movement here to make sure those who live in the region who want stands how to move forward with we know what we are going to do with to live in a different way, give them Guantanamo Bay. the detainees who are housed at Guan- the capacity to defend themselves and The best way to move forward, in my tanamo Bay. The American people bring about a stable life in their coun- opinion, is to collaborate with the Con- should be rightly concerned about how tries. That is what we are trying to do gress, to look at the military commis- we dispose of these prisoners. Quite in Iraq. If we win in Iraq, we will have sion system, which I think is the prop- frankly, they are not common crimi- a democracy in the heart of the Arab er venue to dispose of any war crimes nals accused of robbing a liquor store; world that will be an ally to this coun- trials. Remember, these people we are they are accused of being a member of try in perpetuity. We will have re- talking about have been accused of al-Qaida or allied groups that have placed a dictator named Saddam Hus- taking up arms against the United taken up arms against the United sein, and we will have a place where we States. They are noncitizen, enemy States. Their mission and their purpose can show the world that there are Mus- combatants who represent a military is to destroy our way of life and to put lims who do not want to be governed threat. Military commissions have our allies and friends in the Mideast by the al-Qaida agenda, and to me that been used to try people such as this for into the dark ages. So if you do not is a major win in the war on terror. hundreds of years. We did trials with want to go back to the dark ages in Now we are in Afghanistan. We have German saboteurs who landed on the terms of humanity; if you want young lost ground, but we are about to recap- east coast of the United States for the girls to grow up without having acid ture that ground from the Taliban, purpose of sabotaging our industries. thrown in their face; if you want a which are al-Qaida sympathizers and, They were captured and tried in mili- young woman to be able to have a say quite frankly, allowed them to operate tary commissions. So there is nothing about the future of her children in the in Afghanistan late in the last century new about the idea of a military com- Mideast, then we need to come up with and early in this century to plan the mission being used against an enemy a rational policy regarding fighting al- attacks of 9/11. force. Qaida and, once we catch them, how to So that is why we are fighting. That I do think the President is right to dispose of their cases and make sure is why we are in this discussion. That reform the current commission. I, they are not only fairly treated but is why we are concerned about releas- along with Senator MCCAIN, Senator their mission and their goals are de- ing these prisoners within the United WARNER, and others—Senator LEVIN feated and they do not return to the States, and that is why we are con- particularly—had a bill that set up a fight. cerned about Guantanamo Bay. We military commission process that re- We have seen in Iraq that there are have every right and reason to be conceived complete Democratic support on Muslim populations that do not want cerned as to how we move forward. the Armed Services Committee, and to be part of the al-Qaida agenda. Al- I want to move forward. We need a four Republicans. I think that docu- Qaida followed us to Iraq because they plan to move forward. We should not ment is worth going back to. The ideas understood if we were successful there close Guantanamo Bay until we have a the President has put on the table in creating a democracy in the heart of comprehensive, detailed, legal strategy about reforming the commission, quite the Mideast, it would be a threat to as to what we will do with these pris- frankly, make a lot of sense to me. their agenda. Iraq has a way to go, but oners. Where we put them is only pos- So we do need to move forward. We I am very proud of the Iraqi people. sible if people know what we will do do need to start over. If we could start They have come together. They are with them. So we have to explain to over with a new detention policy that making political reconciliations. Their the American people and our allies the is comprehensive, it would help our army and police forces are getting disposition plan. What are we going to war effort, it would help operations in stronger. The story of the surge is that do with these detainees? Then where the countries in question and in the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5652 CONGRESSIONAL RECORD — SENATE May 20, 2009 Mideast at large, and it would repair You are afraid that civilian justice, ju- trative setting. These are administra- damage with our allies. Quite frankly, rors and judges, will have revenge on tive hearings. But this war is different. we have lost a lot of court decisions. It their mind. They are not covered by There will never be an end to this war. would give us a better chance to win in the Geneva Conventions. Participants We will never have a signing on the court. in a military commission are covered Missouri as we did in World War II. I What do I mean by starting over? by the convention—every lawyer, every realize that. An enemy combatant de- Come up with a disposition plan that judge, every juror. They have an obli- termination could be a de facto life understands that the detainees at gation to hold to the tenets of the con- sentence. So I am willing to build in Guantanamo Bay represent a military vention and any misconduct on their more due process to accommodate the threat and apply the law of armed con- part in a trial could actually result in nature of this war. flict in their cases. That means we prosecution to them or disciplinary ac- What I have proposed is that every have to treat them humanely. The Ge- tion, and that would not be true in the detainee determined to be an enemy neva Conventions now apply to detain- legal world. So having these trials in a combatant by our military would go to ees under Common Article 3 held at military commission setting is the a group of military judges with uni- Guantanamo Bay based on a 2006 Su- proper venue because they are accused form standards where the Government preme Court decision. We are bound by of war crimes. Having the trials in would have to prove to an independent that convention because we are the military commissions is consistent judiciary by a preponderance of the leader of the convention. We have with the Geneva Conventions. It is a evidence that the person is, in fact, an signed up to the convention. As a mili- world-class justice system. Quite enemy combatant, and if our civilian tary lawyer for 25 years, I hold the Ge- frankly, it is the best place to balance judges who are trained in reviewing neva Conventions near and dear to my our national security interests. evidence agree with the military, that heart, as every military member does, But to the hard part. We can do that. person can be kept off the battlefield because it will provide protections to We can reform the commissions. Some as long as there is a military threat. our troops in future wars. Yes, I know of these detainees can be repatriated About 12 percent of the detainees real-Qaida will not abide by the conven- back to third countries in a way I leased from Guantanamo Bay have gone back to the fight. The No. 2 al- tions but, quite frankly, that is no ex- think is rational and will not hurt our Qaida operative in Somalia is a former cuse for us to abandon what we believe national security interests. But there Gitmo detainee. It is true we put peo- in. When you capture an enemy pris- is going to be a group of detainees— ple in Gitmo, in my opinion, where the oner, it becomes about you, not them. maybe half or more—where the evidence is sound and certain that they net was cast too large and they were They don’t deserve much, but we have not properly identified. You are going are a member of al-Qaida, but it is not to be Americans to win this war. There to make mistakes. What I want to do is of the type that you would want to go are plenty people in this world who have a process that our Nation can be to a criminal trial with. It may have would cut your head off without a proud of: transparent, robust due proc- third country intelligence service in- trial. I want to show the world a better ess, an independent judiciary checking way. How we dispose of these prisoners formation where the third country and balancing the military, but never can help us in the overall ideological would not participate in a criminal losing sight that the goal is to make struggle. trial because it would compromise sure that the determination of enemy What I am proposing is that we come their operations. Some type of evi- combatant is well founded and, if it is, up with a comprehensive plan that will dence would be such that you would not to release people back to the fight reform the military commissions and not disclose it in a criminal trial be- knowing they are going to go back and that the President come back to the cause it would compromise national se- kill Americans. That doesn’t make us a Congress and we have another shot at curity. You have to remember, when better nation, to have a process where the commissions to make them more you try someone criminally, you have you have to let people go when the evi- due process friendly but we realize that to prove the case beyond a reasonable dence is sound and clear they are going the people we are trying are accused of doubt. You have to share the evidence to go back to the fight. That does not war crimes and we apply the law of with the defendant. You have to go make us a better people. You do not armed conflict. through the rigors of a criminal pros- have to do that under the law of armed I have been a military lawyer, as I ecution. Under a military commission conflict. Let’s come up with a new sys- said, for 25 years. The judges and the people are presumed innocent, and that tem that will give every detainee a full jurors and the lawyers who administer is the way it should be. But I want and fair hearing in Federal court. If justice in a military commission set- America to understand that we are not they are tried for war crimes, put them ting are the same people who admin- charging everyone as a war criminal; in a new military commission, and ister justice to our own troops. It is a we are making the accusation that you every verdict would be appealed to ci- great legal forum. You have rights in are a member of al-Qaida. In military vilian judges. Let the trials be trans- the military legal system. You get free law what you have to do if you are ac- parent. Balance national security legal counsel. Usually cost is not an cusing someone of being part of the against due process. But never lose object. The men and women who wear enemy force is prove by a preponder- sight of the fact that we are dealing the uniform who serve as judge advo- ance of the evidence that you are, in with people who have taken up arms cates take a lot of pride in their job. fact, a part of the enemy force. against the United States. Some of They are great Americans. They are So what I would propose is to set up them are so radical and their hearts great officers. They believe in justice. a hybrid system. For every detainee have been hardened so much, they are We have seen verdicts, and the few ver- once determined to be an enemy com- so hate-filled, it would be a disaster to dicts we have had at Guantanamo Bay batant by our military or CIA, there this country and the world at large to indicate that our juries are rational. will be a process to do that, a combat let them go in the condition that exists Our military jurors do hold the pros- status review tribunal, and we need to today. ecution to the standards of proof and improve that process—but you run Where to put them. Mr. President, they balance the interests of all par- each detainee through that process and 400,000 German and Japanese prisoners ties. As I say, I have never been more if the military labels them as an un- were housed in the United States dur- impressed with the legal system than lawful enemy combatant, a member of ing World War II, and 15 to 20 percent, within our military justice system. al-Qaida, then we will do something we according to the historical record, were Military commissions need to be as have never done in any other war, and hardened Nazis. A hardened Nazi is at much like a court-martial as possible, that is allow that detainee to go into the top of the pecking order when it but practicality dictates some dif- Federal court. comes to mass murder. The idea that ferences. Under article 5 of the Geneva Con- we cannot find a place to securely The one thing this body needs to un- ventions, status decisions are made by house 250-plus detainees within the derstand is that it is illegal under the the military, not by civilian judges. It United States is not rational. We have Geneva Conventions to try an enemy is usually done by an independent done this before. They are not 10 feet prisoner in civilian court. Why is that? member of the military in an adminis- tall.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5653 It is my belief that you need a plan a comprehensive disposition plan that be a controversial amendment. In fact, before you close Gitmo, and when you will find a new way to try these people, I commend my colleagues on the look at a new facility, it needs to be a new process to hold them off the bat- Democratic side for recognizing the fu- run by the military because under the tlefield, and always operating within tility of trying to put funding in the Geneva Conventions you cannot house our values, which will allow our com- bill that we are debating here without enemy prisoners in civilian jails. manders the chance to start over in the having a plan with which to close I look forward to working with the region. Every military commander I Guantanamo Bay. President of the United States to start have talked to said it would be bene- It seems to me, at least, that a lot over, but we need a plan to start over— ficial to this country to start over with have gotten up and argued that having a plan to try these people, consistent detainee policy. They also understand Guantanamo Bay open as a detention with the law of armed conflict, in a that we are at war and we need to have facility makes our country less safe. I military commission that is reformed, a national security system. argue the contrary. That didn’t exist that will administer justice fairly and As to where we put them, there were prior to 9/11, and we were attacked any- balanced and will realize that these six prison camps in South Carolina way. The people who want to attack us people present a military threat. We during World War II. There is a brig don’t need an excuse; they are going to need a system to allow for keeping the near the city of Charleston, a naval attack us anyway. They are going to detainees off of the battlefield—who brig. It is not the location, because it attack us because they hate us and are committed jihadists—that will is near a population center. The place I they hate our way of life and the allow them to have their day in court have in mind is an isolated part of the things we stand for and because that is with an independent judiciary but also United States—if necessary—that will what they do. They have hate in their will allow a process that will keep be run by the military, with a secure hearts. I believe we need to have a place where we can detain people like them off the battlefield as long as they perimeter, that will be operating with- are dangerous. If the judges agree with that. It seems to me at least that the in the Geneva Conventions require- the military on the enemy combatant, Guantanamo Bay facility fits perfectly ment, that will have a justice system you should have an annual review proc- within the definition of what makes attached to it, that will be transparent ess to determine whether they present sense. It is a state-of-the-art facility, a and open where we can administer jus- a military threat. No one should be $200 million facility. Nobody has ever tice and reattach our Nation to the held without a pathway forward, but no escaped from it. It is a very secure fa- values we hold so dear. one should be released because you cility. It is hundreds of miles away Part of war is capturing prisoners. think this is a crime we are dealing from American communities. That is part of war. We know what the with. One thing I point out to my col- If you criminalize this war and do other side does when they capture a leagues is that we have already ex- not use the law of armed conflict, you prisoner. Let the world know that pressed our view here in the Senate are going to make a huge mistake. America has a better way, a way that about whether these detainees ought to There are countries that have terror will not only make us safe but help us be transferred somewhere here into suspects in jail right now that are win this war. American society and into facilities in In conclusion, the goal of this effort about to have to release them because American communities and neighbor- under criminal law you cannot hold to start over is to undermine the en- hoods. In July of 2007, we took a vote in them indefinitely. Under military law, emy’s propaganda that has been used the Senate, and by a vote of 94 to 3, the you can hold the enemy force off the against us because of our past mis- Senators voted in favor of a resolution battlefield if they are properly identi- takes, allow our allies to come join us that would prevent these detainees fied as part of that force, as part of the in a new way forward, and protect us from coming here—being released into military threat. That has been the law against a vicious enemy that needs to American society or transferred into for hundreds of years, and it ought to be held off the battlefield, maybe for- facilities in American communities be the law we apply. Where we put ever. Some of these people are literally and neighborhoods. Those in favor of them is important, but what we do going to die in jail, and that is OK with that resolution at the time included with them is more important, how we me because I think the evidence sug- both the current Vice President of the try them and detain them. gests that if we ever let them out, they United States and the current Sec- We have a chance to show the world would go back to killing Americans, retary of State. that there is a better way, a chance to our friends, and our allies. I will not My hope would be that this amend- showcase our values. Yes, give them shed a tear. The way to avoid getting ment offered by the Senator from lawyers and put the evidence against killed or going to jail forever is, not to Oklahoma and the Senator from Ha- them under scrutiny. Put burdens on join al-Qaida. If you have made that waii will receive that same measure of ourselves, make us prove the case—not decision to do so, let it be said that support that was accorded to the just say it is so, prove it in a court that this Nation is going to stand up to you amendment adopted in the Senate in is appropriate for the venue we are and fight back, within our value sys- July of 2007 by a vote of 94 to 3. This talking about, appropriate for the deci- tem. Some of these people will never amendment should receive that same sions we are about to make. Put that see the light of day, and that is the measure of support. burden on us, and treat them humanely right decision. Some of them can be re- As I noted last week in a speech on because that is the way we are. That leased. the floor, President Obama told us, may not be the way they are, but that Let’s have a process that understands when he issued his January 22 Execu- is the way we are. That makes us bet- what we are trying to do as a nation. tive order to close Guantanamo, that ter than they. The fact that we will do Make sure it is national security ori- he would work with Congress on any all these things and they won’t is a ented, make sure it is within our value legislation that might be appropriate. strength of this Nation, not a weak- system but also that everything we do Instead of consulting Congress, the ness. Some people in the past have lost is as a result of a nation that has been President asked for $80 million to close sight of that. The fact that we give attacked by these people. They have Guantanamo, with no justification or them lawyers and a trial based on the not robbed a liquor store; they have indication of any plan. evidence, not prejudice and passion, tried to destroy our way of life. The I believe any plan to close Guanta- makes us stronger. legal system I am proposing recognizes namo that includes bringing these ter- We will find a better way to do what that distinction. rorists into the United States is a mis- we have been doing in the past. We will I yield the floor. take. We don’t want the killers who are find a way to close Gitmo, and we will The ACTING PRESIDENT pro tem- held there to be brought here into our come up with a new plan because we pore. The Senator from South Dakota communities. are Americans and we are committed is recognized. It is deeply troubling that not only to our value system and committed to Mr. THUNE. Mr. President, I rise to does the Obama administration wish to beating this enemy. express my strong support for the hold open the possibility that some de- I look forward to working with the Inouye-Inhofe amendment and suggest tainees might be transferred to facili- Members of this body to come up with to my colleagues that this should not ties in American communities, it is

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5654 CONGRESSIONAL RECORD — SENATE May 20, 2009 even considering freeing some of them try to be incarcerated and certainly the supplemental bill we give them a into American society. These are the 17 should not be brought into the United helping hand because the war in Iraq Chinese Uighers whose Combat Status States and freed. The Senate has clear- has created a situation which we Review Tribunal records were deemed ly spoken on that front, as I said, by a should address in Jordan. insufficient to support the conclusion vote of 94 to 3 on a resolution, in July It also provides additional support to that they are enemy combatants but 2007, that detainees housed at Guanta- the Global Fund which partners with who cannot be returned to China be- namo Bay should not be released into other nations to tackle AIDS, tuber- cause of fear that the Chinese Govern- American society and not transferred culosis, and malaria. I have worked ment will torture or kill them. stateside into facilities in American with my colleagues for years to provide At a press conference on March 26, communities and neighborhoods. adequate funding for the Global Fund. ADM Dennis Blair, the Director of Na- Guantanamo is secure. The facility is I am glad this supplemental request tional Intelligence, said this: a $200 million state-of-the-art prison. from the Obama administration con- If we are to release them [the Uighers] in No one has ever escaped, and the loca- tinues critical food assistance to help the United States, we need some sort of as- tion makes it extremely difficult to at- meet urgent needs of the world’s poor- sistance for them to start a new life. tack. Best of all, it is located hundreds est, which is also included. Funding is It is hard to believe that this admin- of miles from American communities. provided to help stem the flow of drugs istration is seriously considering free- If the President wants to close Guanta- and violence across our border in Mex- ing these men inside the United States namo, he must do so in a way that ico. and, most outrageous of all, paying keeps America safe. In my view, Amer- At home, the supplemental includes them to live freely within American ica is less safe if Guantanamo detain- money to prepare and to respond to a communities and neighborhoods. The ees are brought into the United States. global disease pandemic, including the American people don’t want these men I appreciate the hard work of Senator recent H1N1 virus. This $1.5 billion walking the streets of America’s neigh- INHOFE and Senator INOUYE on this went through my subcommittee and is borhoods. issue. I hope when we have the vote money well spent so the President can The American people don’t want today, my colleagues will adopt this have resources to respond quickly to these detainees held in a military base amendment with the same level of sup- any outbreak of disease or pandemic; or a Federal prison in their backyard port that we adopted the resolution that we would have adequate money either. These are not common crimi- back in July of 2007 by a vote of 94 to for vaccinations, as well as providing nals; these are hardened killers bent on 3, stating very clearly that it is the medications, should people be stricken. the destruction of the United States. view of the Senate that these detainees We are looking ahead, planning ahead, They are resourceful, these people are should not be brought into American thinking ahead, hoping the H1N1 will innovative, and they understand the disappear from the world scene before communities, into American neighbor- strategic vulnerabilities of the United the next flu season but being prepared hoods. I would argue they ought to be States and how to exploit those very if it does not or if something else held right where they are, in a place vulnerabilities. Who would have pre- threatens us. that is safe, that is secure, that is state dicted that this group of people would This bill also provides funds critical of the art, where they receive the very basically be able to steal a fleet of to helping President Obama meet a key best of treatment, where no one has planes and cause death and destruction campaign promise—bringing an end to ever escaped, hundreds of miles away on the scale and magnitude of Pearl the war in Iraq. In late February, from American communities and Harbor? It is hard to imagine a more President Obama made an important dangerous set of circumstances to put neighborhoods. announcement to thousands of marines I hope my colleagues will support upon an American community. at Camp Lejeune: bringing an end to Since President Obama seems set on this amendment. the war in Iraq. After only 5 weeks into a course to bring terrorists into the I yield the floor. I suggest the ab- office, he delivered on his major cam- United States, I strongly support the sence of a quorum, and I ask unani- paign promise to end one of the longest mous consent that the quorum call be efforts of Senators INHOFE and INOUYE wars in American history. to introduce this amendment. The charged equally to both sides. The President’s plan is measured, amendment would prevent any funding The ACTING PRESIDENT pro tem- thoughtful, and will bring an end to in the bill from being used to transfer pore. Without objection, it is so or- this costly and unnecessary war. The detainees held at Guantanamo Bay to dered. The clerk will call the roll. supplemental also wisely shifts re- any facility in the United States or to The bill clerk proceeded to call the sources to the real sources of the Sep- construct, improve, modify, or other- roll. tember 11 attacks on America—Af- Mr. DURBIN. Mr. President, I ask wise enhance any facility in the United ghanistan. For too long, this war in Af- States for the purpose of housing any unanimous consent that the order for ghanistan did not receive adequate ci- Guantanamo detainees. the quorum call be rescinded. vilian and military resources as they If we must close Guantanamo Bay, it The ACTING PRESIDENT pro tem- had been diverted to the war in Iraq. should not result in Americans being pore. Without objection, it is so or- The supplemental corrects this mis- less safe. Bringing these detainees to dered. take. the United States would make Ameri- Mr. DURBIN. Mr. President, it is my It also focuses resources on Pakistan, cans less safe, and we should not do it. understanding that we are on the sup- a nuclear-armed nation struggling with Transferring these detainees would plemental appropriations bill at this insurgents based in the border area also stress the civilian governments in point. with Afghanistan. It provides pay and the communities where the detainees The ACTING PRESIDENT pro tem- allowances to our brave men and would be placed. They would be faced pore. That is correct. women in the U.S. military. These are with overwhelming demands, from Mr. DURBIN. Mr. President, I want some of the many important needs roadblocks to identification checks, the record to show that I support Presi- which deserve our support. along with having the increased secu- dent Obama’s supplemental request for The President should be commended rity personnel necessary to deal with the remainder of fiscal year 2009. This for recently presenting a budget for what is an obvious threat. The value of supplemental provides critical funding 2010 which moves away from repeated homes and businesses would decline. for military and security efforts in Af- supplementals. This got to be a habit I can tell you that South Dakotans ghanistan, Pakistan, and Iraq. A small around here. We didn’t go through an definitely don’t want these detainees in portion is for international programs, orderly debate on the budget about their State. I hope my support of the including assistance to Jordan, one of wars. Every time President Bush want- Inouye-Inhofe amendment will help to our important allies in the Middle ed money for a war, he said: I am de- ensure that they will not be trans- East. Jordan is struggling with a huge claring this an emergency. It will not ferred to South Dakota or to anywhere influx of Iraqi refugees that strains its be considered in the ordinary budget else in the United States. national services and particularly its process. Here it is. My view is that no Guantanamo de- water resources. Jordan has been a An emergency is defined as some- tainee should be brought to this coun- friend and ally, and it is right that in thing unanticipated. After 5 or 6 years

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5655 of emergencies, you begin to realize For 8 years, Republicans criticized viewing the files of each Guantanamo you can anticipate next year we are Democrats who asked questions about detainee and gathering evidence to de- going to have another unanticipated the misguided war in Iraq and con- termine if each detainee can be pros- emergency. troversial policies related to interroga- ecuted. Isn’t that what we want, an or- This President, President Obama, tion, detention, and warrantless sur- derly process looking at each detainee wants to change that so that we go to veillance. to determine whether they are guilty an orderly budget process. This supple- For 8 years, they claimed congres- of wrongdoing, deciding whether they mental bill will be the last of the re- sional oversight was nothing more can be prosecuted, whether they should quests, and I think it is one we should than micromanaging the important be detained and doing this with the un- honor as he tries to tackle some situa- and critical work of the Commander in derstanding that a lot of the informa- tions that were given to him when he Chief. tion is classified and most of it should took office just a few months ago. The Now, after 8 long years, the Repub- be carefully guarded so as not to jeop- President inherited many challenges at licans are unwilling to give President ardize the prosecution? home and abroad, and I hope, on a bi- Obama a few short months to formu- The McConnell amendment would partisan basis, we can help him address late and present a plan for closing say: Let Congress take a look at each them. Guantanamo. detainee and all the evidence. That This supplemental appropriations Let’s take one example. The distin- does not make sense, and I hope Mem- bill will provide critical funding for our guished minority leader, Senator bers of the Senate will reject it. troops in Afghanistan and Iraq, and I MCCONNELL, has offered an amendment The last thing Congress should do is hope Congress passes it. that would require the President to interfere with the efforts of the Obama Unfortunately, my colleagues on the submit a detailed report to Congress on administration to gather evidence other side of the aisle have decided to each detainee at Guantanamo Bay, in- against terrorists that could ulti- use this legislation to open a debate cluding a summary of the evidence mately bring them to justice. about the future of Guantanamo. They against each detainee. There is another amendment. Sen- have filed a number of amendments re- For many years, the Bush adminis- ator JOHN CORNYN of Texas has an lated to this issue. I am sure it is not tration refused to provide Congress amendment that has 18 detailed find- their intention, but these amendments with even a list of the names of the de- ings about the Bush administration’s will have the effect of slowing down detainees at Guantanamo. They claimed use of abusive interrogation tech- livery of critical funding for our that a disclosure of those names would niques, such as waterboarding. troops. Nevertheless, it is their right to threaten national security. I don’t re- Among other things, the Cornyn offer these amendments, and though call Senator MCCONNELL or anyone amendment claims these techniques they are not germane to this legisla- from his side of the aisle protesting ‘‘accomplished the goal of providing in- tion, they raise policy questions which this lack of disclosure by the previous telligence necessary to defeat addi- we can debate. administration. tional terrorist attacks against the Senator INOUYE, the chairman of the Appropriations Committee, has offered Yesterday, Senator MCCONNELL said United States.’’ To say the least, we an amendment, which has broad sup- his amendment is designed to prevent could debate that proposition for quite port on both sides of the aisle, that will released Guantanamo detainees from some time. eliminate any funding in this bill for getting involved in terrorism. He said: Former Vice President Cheney has closing Guantanamo and make clear Recidivism is of great concern for those of been burning up the cable channel air- that none of the funds in this bill can us who have oversight responsibilities here waves in recent weeks. He claims in Congress. be used to transfer Guantanamo de- waterboarding produced valuable intel- tainees to the United States. I do not recall Senator MCCONNELL, ligence in the interrogation of al-Qaida Here is the bottom line: There will or any other Republican, protesting leader Abu Zubaydah. But back in 2004, not be any Guantanamo funding in this when the Bush administration, over Vice President Cheney also told us the bill. So for the Republicans to bring up the course of many years, released hun- Bush administration had learned from a series of Guantanamo amendments dreds of Guantanamo detainees, some interrogations at Guantanamo that the tells me they are more intent on rais- of whom have actually been involved in Iraqi Government had trained al-Qaida ing an issue than on responding to the acts of terrorism since they were re- in the use of biological and chemical critical need this supplemental ad- leased. weapons. We now know there was no dresses. So during the Bush years, while such link between al-Qaida and Iraq. These amendments are also pre- Guantanamo was churning hundreds of This was part of the justification for mature. President Obama has not yet detainees, some being released and re- the invasion of Iraq, and Vice Presi- presented his plan for closing Guanta- turned to their countries, there was dent Cheney told us the interrogation namo to the Congress and the Amer- not a whimper or a peep from the Re- at Guantanamo was producing the in- ican people. When he does, we will have publican side of the aisle. Now that formation to confirm a link that never plenty of opportunity to debate it. This President Obama has said the days of existed. bill, which will provide critical funding Guantanamo are numbered, they are What about Abu Zubaydah? Just last for our troops, is not the right place for coming in asking for detailed account- week in the Judiciary Committee we this debate. This is not the right time. ing of every single detainee. It is clear- heard testimony from a former FBI In fact, some of the amendments would ly a double standard. agent who actually interrogated him. have the effect of tying President There is also concern that the He testified under oath in our com- Obama’s hands, preventing him from McConnell amendment could taint mittee that he obtained valuable intel- moving forward with the closure of prosecutions of Guantanamo detainees ligence from Abu Zubaydah using tra- Guantanamo before he has even had by requiring the Obama administration ditional interrogation techniques and the chance to present his plan. to turn over critical evidence to Con- that abusive techniques, such as There is a great irony here. For 8 gress. Imagine for a moment that we waterboarding, are ‘‘harmful, slow, in- long years, Republicans opposed con- gathered evidence that can be used suc- effective, and unreliable.’’ gressional oversight of the Bush ad- cessfully to either detain or prosecute Senator CORNYN does not serve on ministration’s counterterrorism ef- one of the detainees, and Senator the Intelligence Committee. I don’t forts. When Democrats in the minority MCCONNELL insists that it be shared know the basis for his claim that during the Bush years would ask for with Members of Congress. Is that in waterboarding produced intelligence oversight by congressional committees the interest of national security? I that prevented terrorist attacks. I do so that we could get more information don’t think so. know the Intelligence Committee, about a variety of issues relative to For 7 years after the 9/11 attacks, the under Senator DIANNE FEINSTEIN’s terrorism, we were told: No, the Presi- Bush administration failed to convict leadership, is now conducting a de- dent has an important job to do and any of the terrorists who planned these tailed, thoughtful, and thorough inves- don’t bother him, Congress; leave him attacks. At President Obama’s direc- tigation into the Bush administration’s alone. tion, career prosecutors are now re- detention and interrogation practices. -

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5656 CONGRESSIONAL RECORD — SENATE May 20, 2009 I have said publicly—others have said that nothing possibly could have been GEN Colin Powell and many other it as well, including the majority lead- done that was illegal or wrong? That military leaders have said for some er, Senator REID—that before we talk would be the height of irresponsibility, time that closing Guantanamo will about creating an outside commission, should we pass that amendment. make America safer. Experts say Guan- the Senate Intelligence Committee Decisions about whether crimes were tanamo is a recruitment tool for al- should be allowed to do its work so committed should be made by career Qaida and hurts our national security. Members of Congress can at least prosecutors based on the facts and the That is why President Obama, like learn, through open and classified in- laws, not political considerations or President Bush, Senator JOHN MCCAIN, formation, what did happen. But Sen- statements made by Senators on the and many others, wants to close Guan- ator CORNYN can’t wait. Senator floor without evidence to back them tanamo. CORNYN wants to pass out ‘‘get out of up. I urge my colleague from Texas to Some of my Republican colleagues jail free’’ cards to the previous admin- withdraw his amendment and allow the argued that Guantanamo is the only istration before we even have a thor- Justice Department to do its work. appropriate place to hold the detainees ough examination of what happened. There is an organization which I like because ‘‘we don’t have a facility that One of the things the Intelligence and respect very much called Amnesty could handle this in the United States’’ Committee is reviewing is the effec- International. When you take a look at and American corrections officers tiveness of these techniques in obtain- JOHN CORNYN’s amendment, he would would ‘‘have no idea what they are get- ing useful intelligence. The Senate is qualify for some amnesty award be- ting into.’’ Well, I would say to my col- certainly not in a position today to go cause he wants the Senate to go on leagues who made those statements on record with conclusions such as record offering amnesty when it comes that they ought to take a look at some those in Senator CORNYN’s amendment to the interrogation of detainees by of our secured facilities in the United before the Intelligence Committee even not only—and let me go through the States and they ought to have a little completes its investigation. It is not list—any person who relied in good more respect for the men and women only premature, it certainly is ques- faith on those opinions at any level of who are corrections officers, who put tionable as to whether we should be en- our Government, but also it includes their lives on the line every single day gaged in this debate until their work is Members of Congress who were briefed to keep us safe and who make sure done. on the interrogation program. those who are dangerous are detained I might remind Senator CORNYN, and To offer this kind of a statement and incarcerated. those following this debate, that the ahead of time, without any gathering The reality is, we are holding some of Intelligence Committee is a bipartisan of evidence or fact, is, in my mind, an the most dangerous terrorists in the committee. It works in a bipartisan indication of how nervous some people world right now in our Federal prisons, fashion. Senator BOND and Senator are on the other side of the aisle. We including the mastermind of the 1993 FEINSTEIN and others can continue to should let this run its course in a pro- World Trade Center bombing, the ‘‘shoe work together to come to good conclu- fessional manner. We shouldn’t make a bomber,’’ the ‘‘Unabomber,’’ and many sions, to provide the Senate with good political decision, and we should defeat others. evidence, before we jump at the Cornyn the Cornyn amendment. Senator MCCONNELL said yesterday, amendment, which reaches conclusions Several of my Republican colleagues ‘‘No one has ever escaped from Guanta- not based on fact. came to the floor yesterday to criticize namo.’’ Well, that is true, to the best Senator CORNYN’s amendment would President Obama’s intention to close of my knowledge. But it is also true also express the sense of the Senate Guantanamo and argue it should re- that no prisoner has ever escaped from that no one involved in authorizing the main open. I listened carefully to their a Federal supermaximum security fa- use of abusive interrogation tech- arguments, and, frankly, there were cility in the United States. niques, such as waterboarding, should enough red herrings to feed all the de- In fact, the Bureau of Prisons is cur- be prosecuted or sanctioned. It is inap- tainees at Guantanamo. rently holding 347 convicted terrorists. propriate for Congress to interfere in One of my colleagues said President Is Senator MCCONNELL going to come ongoing investigations by the Justice Obama wants to close Guantanamo ‘‘to to the floor and say they should be Department. be more popular with the Europeans.’’ moved from these Federal correctional During the Bush administration, po- Well, I know President Obama. I facilities because they pose a threat to litical interference significantly underserved with him. He was my colleague the United States being incarcerated in mined the credibility and effectiveness in the Senate. His first interest is the the continental United States? I of the Justice Department. Attorney United States and its safety. But the haven’t heard that. But in his efforts General Holder has pledged to restore safety of the United States also in- to keep Guantanamo open at any cost, the integrity and the independence of volves being honest about what has he wouldn’t even consider allowing a that department. happened. What happened at Abu detainee to be brought to the United There are two ongoing investigations Ghraib and what happened at Guanta- States for trial and being held, even into the Bush administration’s interro- namo has sullied the reputation of the temporarily, in any type of secure fa- gation practices. One investigation is United States and has endangered alli- cility. looking into the CIA’s destruction of ances which we have counted on for Republicans are criticizing the Presi- evidence of interrogation videotapes. decades. President Obama is trying to dent, but the reality is, they do not The other is an investigation of Justice change that. By closing Guantanamo have a plan themselves to deal with Department attorneys who authorized and responsibly allocating those de- Guantanamo. I assume, from Senator abusive techniques such as tainees to safe and secure positions, he MCCONNELL’s statements, he would waterboarding. is going to send a message to the world leave it open. He doesn’t care about the Here is the reality: Both of these in- that it is a new day in terms of Amer- impact this might have on the United vestigations didn’t begin under Presi- ica’s foreign policy. States around the world. If he has a dent Obama. They began under the The American people want to see plan to close it, I would like to hear it. Bush administration. Both are being that. They want a safer world and be- I think he ought to come forward and conducted by Department of Justice lieve that if the United States can join with President Bush, join with attorneys. So the suggestion that this work closely with our allies around the President Obama, join General Powell, is some partisan witch hunt is obvi- world who are opposed to terrorism, we join Senator MCCAIN, Senator GRAHAM, ously false. will be safer. That is what President and others who have said Guantanamo You wonder, with these two Depart- Obama is setting out to do. Some of should be closed. Otherwise, unfortu- ment of Justice investigations under- those allies may, in fact, be European. nately, he is being critical of the Presi- way and with the Senate Intelligence They may be African or Asian. They dent’s intentions without producing his Committee doing a thorough investiga- could be from all corners of the Earth. own approach. tion of this subject, why does Senator But if they share our values and want The Bush administration had many CORNYN want to come to the floor and to work for common goals, President years to deal with Guantanamo, but have the Senate go on record saying Obama wants to work with them. they didn’t follow through. President

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5657 Obama has taken on the challenge of same time, I believe the new adminis- sist the Taliban. Because of—No. 1, the solving one of the toughest problems tration deserves an opportunity to at- vulnerability of our supply routes; No. his administration faces, beyond the tempt to bring a greater sense of sta- 2, the instability of the Government state of our economy. The President is bility into that region. It is a big gam- itself, obviously which we are attempt- taking the time to carefully plan for ble. ing to assist; and No. 3, the focus of the closing of Guantanamo, with the As I mentioned to General Petraeus Pakistan in terms of its principal na- highest priority being the protection of when he was testifying, and as I men- tional security objectives as being America’s national security. tioned to other witnesses before the India rather than Afghanistan itself— I urge my Republican colleagues to Armed Services and the Foreign Rela- that leads to a situation where we withdraw these Guantanamo amend- tions Committee, the biggest gamble must have a measurable source of con- ments. These amendments don’t fit in we face with respect to the policies trol and accountability over the money the supplemental appropriations bill. that have been announced in Afghani- we are going to appropriate to assist They tie the President’s hands and stan and Pakistan are that we are basi- the situation in Pakistan as it relates keep him from making the necessary cally allowing ourselves to be meas- to international terrorism, the future decisions to keep us safe and to make ured by unknowns, over which we have stability of Pakistan, and attempting sure terrorists do not, in any way, no real control. In Afghanistan, this is to defeat al-Qaida. threaten the United States. They also very clear, when we put as one of our With all that in mind, I asked a se- slow down our efforts to provide crit- objectives the creation of an Afghani ries of questions last week in the ical funding for our troops in Afghani- national army. I asked General Armed Services Committee to Admiral stan and Iraq. Petraeus if he could tell me at what Mullen, the Chairman of the Joint I hope when this matter comes before point in the Afghan history has there Chiefs of Staff. This basically was the the Senate in the hours ahead, my col- ever been a viable national army, and line of questioning. First, do we have leagues will read carefully and closely, the answer is, except for a period of evidence that Pakistan is increasing particularly the amendments by Sen- about 30 years when the Afghanis were its nuclear program in terms of weapon ator CORNYN and by Senator MCCON- sponsored by the Soviets, there was no systems, warheads, et cetera? Admiral NELL. The amendment by Senator viable national army. And even there it Mullen gave me a one-word answer— CORNYN, which grants a sense-of-the- was not one you would measure in the yes. I declined to pursue that answer Senate amnesty to those who were in- same context of what we are saying we because I didn’t believe that was the volved in interrogation techniques, is are going to attempt to achieve. So appropriate place to have a further dis- not consistent with a nation that is that puts our success in the hands of a cussion. But I did say, and I believe guided by the rule of law. For that Sen- rather speculative venture but one I now, this should cause us enormous ator to make conclusions in his amend- hope we can achieve in some form. concern at a time when we are having ment that have not been supported by I would also point out an article in so much discussion in this country evidence and fact should be grounds the New York Times today, which about the potential that Iran would ob- enough for us to reject his amendment. points out there was a good bit of tain nuclear weapons, where Pakistan, I don’t know where these investiga- American weaponry ammunition found an unstable regime in a very volatile tions in the Department of Justice or in the aftermath of battle between the part of the region, not only possesses the Intelligence Committee will lead, Taliban and American forces, which nuclear weapons but is increasing its but if we are truly sworn to uphold the shows there are munitions that were nuclear weapons program. Constitution and the laws of our land, procured by the Pentagon that now I then asked Admiral Mullen: Can we should allow them to run their seem to be in the hands of the troops you tell me what percentage of the $12 course with the facts and law being who are fighting against Americans. I billion that has gone to Pakistan since honestly considered by those different would point out that is not unusual for 9/11 has gone toward its defense meas- panels. this region. When I was Secretary of ures related to India or to other areas Senator MCCONNELL’s amendment, the Navy more than 20 years ago, one that are not designed to address di- which asks for more detailed informa- thing we were seeing in the Persian rectly the terrorist threat or the action about detainees at Guantanamo Gulf, with the Iranian boghammers at- tivities of the Taliban? The answer was than any Republican ever dared ask tempting to attack our vessels, was we do not know. No. We cannot meas- under the Bush administration, could that some of the rocket-propelled gre- ure those with any degree of validity jeopardize the prosecution of terror- nades that were found in these because of the opaqueness in the Paki- ists. Is that a good idea? It is certainly boghammers actually could be traced stani Government. not. I certainly hope my colleagues back to weapons we had given the I then asked him: Do we have appro- will join me in opposing the McConnell Afghani anti-Soviet fighters in Afghan- priate control factors, in terms of amendment as well. istan. It is a common occurrence in where future American money will go? I yield the floor. this region. Secretary Gates indicated there were The PRESIDING OFFICER (Mr. The question is, How we can mini- improved control factors, but we do not BEGICH). The Senator from Virginia. mize those sorts of occurrences? have the control factors in Pakistan as Mr. WEBB. Mr. President, I ask With respect to Pakistan, the situa- now exist even in countries such as Af- unanimous consent to speak with re- tion is even more difficult. ghanistan, with all the difficulties in spect to an amendment I have filed. We have very few control factors in that country. The PRESIDING OFFICER. Without Pakistan in terms of where our money With all of that in mind, I drafted a objection, it is so ordered. goes when we send it in or what hap- simple amendment. I hope this can go Mr. WEBB. Mr. President, I have pens to our convoys that go through into the managers’ package. I believe filed an amendment to this supple- Pakistan on the way to Afghanistan. all of us who are going to step forward mental appropriations bill which is de- Eighty percent of the logistical sup- right now and attempt to assist the ad- signed to put more transparency and plies that go to Afghanistan go by ministration can agree that what we more measurable control factors into ground through Pakistan. We cannot should have is a simple statement from the way we are spending these appro- defend those convoys. We have had the Congress, from the appropriators, priations with respect to the situation many occurrences since last summer that none of the funds we are appro- in Pakistan. where they have been interrupted, priating could be used for either of I would begin by saying I have a where they have been attacked, trucks these two purposes—No. 1, to support, great deal of concern, as do many have been destroyed, and other vehicles expand, or in any way assist the devel- Members of this body, with respect to have been stolen, et cetera. opment or deployment of the nuclear the achievability of some of the stra- In Pakistan there are a number of weapons program of the Government of tegic objectives that have been laid out reputable observers who point out that Pakistan; or, No. 2, to support pro- by the new administration. We are still some elements in the Pakistani mili- grams for which these funds in the ap- looking for clear and measurable end tary, particularly in their intelligence propriations act have not been identi- points to the strategy itself. At the services, actually have continued to as- fied.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5658 CONGRESSIONAL RECORD — SENATE May 20, 2009 It is a very simple amendment. It lines and enter into the United States. inadmissible to the United States those simply says no money will go directly However, as one of his very first acts in detained at Gitmo as of January 1 of or indirectly to assist Pakistan’s nu- January, President Obama ordered the this year. clear weapons program; No. 2, no closure of Guantanamo, but 4 months However, because Congress delegates money will be spent in any way other later he still does not have a plan to to the executive branch parole author- than the way we have identified it in accomplish this. Officials in his admin- ity, this administration could still this program and that the President istration have stated publicly that bring those terrorists detained at must certify this and must come back some of these detainees could be Gitmo into the United States. Parole every 90 days and recertify whether brought to the U.S., and some could authority is granted to the Attorney any funds have been appropriated for even be freed into the United States. General to allow aliens, who are other- those purposes. The disposition of the detainees at wise not qualified for admission to the I hope the managers of this bill can Gitmo is not a new issue. Over the past U.S., permission to enter our country accept this amendment. If not, I will several years, the military has trans- on a case-by-case basis—essentially a seek a vote on the floor. ferred the majority of detainees held at waiver for those otherwise inadmis- I yield the floor. Gitmo to other countries. However, the sible. Although aliens paroled into the AMENDMENT NO. 1144 success of these transfers is mixed at U.S. are not considered ‘‘admitted’’ for The PRESIDING OFFICER. The Sen- best. According to a Defense Intel- purposes of our immigration laws, they ator from Georgia is recognized. ligence Agency report from December are within the borders of our country Mr. CHAMBLISS. Mr. President, I 2008, 18 former detainees are confirmed and therefore become eligible to apply rise to speak about amendment No. and 43 are suspected of returning to the for asylum or seek other legal protec- 1144, the Protecting America’s Commu- fight after being released from Guanta- tions. nities Act, which I am offering to H.R. namo. This represents a recidivism To deal with this, my legislation also 2346, the supplemental appropriation rate of over 11 percent. Just two eliminates parole authority for the ex- bill. months later this rate rose to 12 per- ecutive branch as it pertains to those Before I begin my comments, I ask cent. These individuals do not even individuals detained at Gitmo as of unanimous consent to add Senator represent the most serious and dan- January 1, 2009. As such, there is no COBURN as an original cosponsor of S. gerous terrorists we have captured. basis for President Obama to allow 1071, which is a collateral stand-alone The most dangerous detainees remain these detainees to be transferred to bill, as well as a cosponsor to amend- at Gitmo. This data has likely risen U.S. soil. ment No. 1144. since December, but the Department of The Protecting America’s Commu- The PRESIDING OFFICER. Without Defense refuses to release the informa- nities Act also provides protections for objection, it is so ordered. tion under instructions from the ad- American citizens in the event Presi- Mr. CHAMBLISS. Mr. President, this ministration. If we start to release or dent Obama decides to try to exercise amendment amends immigration law transfer the most hardened terrorists some other authority to bring these to prohibit any detainee held at Guan- left at Gitmo, these numbers will only Gitmo detainees to the U.S., such as tanamo Bay Naval Facility from being increase further. the authority granted to him via Arti- transferred or released into the United One thing that is clear: we know that cle II of our Constitution. Again, we States. It is a little bit different from these detainees have remained loyal to know that if the detainees were trans- the vote we are going to be taking at al-Qaida and Osama bin Ladin despite ferred to the U.S., they would seek 11:30. being captured and remain a danger to legal protection under the generous There are over 240 terrorists in U.S. our national security. We have state- legal rights our Constitution grants custody at the military detention facil- ments from detainees avowing it is our citizens. However, our courts and ity in Guantanamo Bay, Cuba. Let me their goal to kill Americans, claiming our legal system were not established just describe some of the individuals that they ‘‘pray every day against the to try individuals detained on the bat- who reside at Guantanamo. Khalid United States.’’ Al-Qaida searches tlefield. Because of the nature of the Sheikh Mohammed—or KSM—is the every day for operatives who can evade global war on terror and evidence gath- self-proclaimed, and quite unapolo- our enhanced security mechanisms in ered against them from the battlefield getic, mastermind of the 9/11 attacks. its quest to commit another attack or through intelligence, the detainees KSM admitted he was the planner of 9/ against our homeland. It is important are unlikely to be suitable for prosecu- 11 and other planned, but foiled attacks to remember that most detainees held tion within the U.S. criminal courts. against the U.S. In his combatant sta- at Guantanamo were captured on the There is no ‘‘CSI Kandahar’’ in which tus review board, he admitted he swore battlefields in Afghanistan or Iraq and evidence picked up off the battlefield is allegiance to Osama bin Ladin, was a were determined to be a threat to our carefully marked and the chain of cus- member of al-Qaida, was the military Nation’s security. Whatever their ties tody is observed. operational commander for all foreign to terrorists groups or activities, these There is too much at stake to grant al-Qaida operations, and much more. individuals should never be given the the unprecedented benefit of our legal KSM and four other detainees, who are privilege of crossing our borders, even system’s complex procedural safe- charged with conspiring to commit the if incarcerated. To do so would be noth- guards to foreign nationals who were terrible 9/11 attacks, remain at Guanta- ing short of an invitation for al-Qaida captured outside the United States namo. to operate inside our homeland. KSM during a time of war. Allowing these In addition, Gitmo uses Abd al- and other high value detainees at terrorists to escape conviction—or Rahim al-Nashiri who was responsible Gitmo are no different, and do not con- worse yet, to be freed into the U.S. by for the October 2000 USS Cole bombing ceal their intent to harm Americans if our courts—because of legal technical- which murdered 17 U.S. sailors and in- given the chance. ities would tarnish the reputation of jured 37 others. Also residing a Gitmo My amendment would prevent those our legal system as one that is fair and are Osama bin Ladin’s personal body- terrorists at Gitmo from having that just. Prohibiting the detainees from guards, al-Qaida terrorist camp train- chance. Article I, section 8 of the Con- entering into the U.S., as the Pro- ers, al-Qaida bombmakers, and individ- stitution grants Congress the right to tecting America’s Communities Act uals picked up on the battlefield with ‘‘establish a uniform rule of naturaliza- does, is one small step in the right di- weapons trying to kill American sol- tion.’’ The Supreme Court has deter- rection. diers—our young men and women who mined that the power of Congress ‘‘to Further, if these individuals were to patriotically serve their country. The exclude aliens from the United States be brought to the U.S. by President detainees at Guantanamo are some of and to prescribe the terms and condi- Obama to be tried on our Article III the most senior, hardened, and dan- tions on which they come in’’ is abso- courts and not convicted, the only gerous al-Qaida figures we have cap- lute. My legislation capitalizes on the mechanism available to our Govern- tured. clear and absolute authority of Con- ment to continue to detain these indi- These are exactly the type of individ- gress to determine who enters our bor- viduals would be via immigration law. uals we hope never get past our front ders by first adding to the list of those However, the current immigration laws

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5659 on our books are insufficient to ensure these detainees will be brought to Yasser Hamdi, had the rights that all that these detainees would be America. The stakes are too high, and Americans are guaranteed under the mandatorily detained and continued to in order to maintain the highest degree Constitution. be detained until they can successfully of security and safety in our country, Third, in Hamdan v. Rumsfeld in be removed from our borders. we need to adopt the Protect America’s 2006, the Court declared invalid the Although I am adamantly opposed to Communities Act to ensure that they Pentagon’s process for adjudicating de- bringing any of these detainees to the never step foot inside of our Nation. tainees and extended to Guantanamo U.S., and I do not believe the President I yield the floor. detainees the protection from cruel, in- has independent authority to do so, I The PRESIDING OFFICER. The Sen- human, and degrading treatment found believe we need legislation to safe- ator from California. in Common Article Three of the Gene- guard our citizens and our commu- Mrs. FEINSTEIN. Mr. President, I va Conventions. nities in the event they are brought rise to give some views on Guanta- The administration responded by here. To that end, my legislation namo. I have had the privilege of serv- pushing through Congress the Military makes mandatory the detention of any ing with the distinguished Senator who Commissions Act. This legislation ex- Gitmo detainees brought to the U.S. has just concluded his remarks on the pressly eliminated habeas corpus rights It also strengthens and clarifies the Intelligence Committee of the Senate. and limited other appeals to procedure authority of the Secretary of the De- But I strongly disagree with him. I and constitutionality, leaving ques- partment of Homeland Security to de- would like to have the opportunity to tions of fact or violations of law tain any of the Gitmo detainees until make the case. unresolvable by all Federal courts. they can be removed. This statutory First of all, Guantanamo is not sov- This happens nowhere else in American fix is needed because in 2001, the Su- ereign territory of the United States. law. But this Military Commissions preme Court decided the case of Under a 1903 lease, however, the United Act was enacted in the fall of 2006. Zadvydas v. Davis, holding that unless States exercises complete jurisdiction That law was then challenged there is a reasonable likelihood that an and control over this naval base. through the courts and overturned in alien being held by the Government In December 2001, the administration the final Supreme Court decision in will actually be repatriated to their decided to bring detainees captured this area, Boumediene v. Bush, decided government within a given period of overseas in connection with the war in in 2008. time, that alien must be released and In Boumediene, the Supreme Court Afghanistan and hold them there out- cannot be detained by the U.S. Govern- stated that the writ of habeas corpus side of our legal system. That was the ment for more than 6 months. applied to detainees even when Con- point: To hold these detainees outside We all know a major issue facing our gress had sought to take away jurisdic- of the U.S. legal system. country in dealing with those folks de- tion. It stated that detainees must be This was revealed in a December 2001 tained at Gitmo is finding a country to allowed access to Federal courts so Office of Legal Council memorandum take them. For example, there are 17 that a judicial ruling on the lawfulness by John Yoo of the Justice Depart- Chinese Uighurs being held at Gitmo of their detention could be made. ment. who have been cleared for transfer to Writing for the majority in the He wrote this: another country. However, the United Boumediene decision, Justice Kennedy States will not send them back to Finally, the Executive Branch has repeat- wrote the following: edly taken the position under various stat- China for fear they might be treated The laws and the Constitution are designed utes that [Guantanamo] is neither part of unfairly by the Chinese Government. to survive, and to remain in force, in ex- the United States nor a possession or terri- traordinary times. Liberty and security can No other country to date is willing to tory of the United States. For example, this be reconciled; and in our system they are take them. Therefore, my legislation Office [Justice] has opined that [Guanta- reconciled within the framework of the law. provides authority to the Secretary of namo] is not part of the ‘‘United States’’ for Homeland Security to continue to de- purposes of the Immigration and Naturaliza- Several habeas petitions have been tain these individuals and provides for tion Act . . . Similarly, in 1929, the Attorney filed and reviewed in the DC Circuit a periodic review of their continued de- General opined that [Guantanamo] was not a since the Boumediene decision, and tention until they can safely be re- ‘‘possession’’ of the United States within the that process is ongoing today. moved to a third country. meaning of certain tariff acts. In sum, these four Supreme Court In addition, my legislation prohibits The memo concludes with this state- rulings make one thing exceedingly any of those individuals detained at ment: clear: The legal rights of these detain- Gitmo from applying for asylum in the For the foregoing reasons, we conclude ees are the same under the Constitu- event they are brought here. Now, that a district court cannot properly enter- tion, whether they are kept on Amer- there are a number of other proposals tain an application for a writ of habeas cor- ican soil or elsewhere. to prohibit funding from being used to pus by an enemy alien detained at Guanta- Attempts to diminish or deny these transfer to or detain the Gitmo terror- namo Bay Naval Base, Cuba. Because the legal rights have only served to delay ists in the United States—I am going issue has not yet definitively been resolved the legal process at Guantanamo Bay. to support those provisions—but those by the courts, however, we caution that In fact, only 3 of the roughly 750 de- there is some possibility that a district court tainees held at Guantanamo have been are not permanent. Those will have to would entertain such an application. be renewed annually. Congress would held to account for their actions. This set the predicate for Guanta- have to maintain this prohibition in all One is David Hicks, an Australian. future spending bills. namo: Keep these individuals outside of He pled guilty to charges and has since Although I do believe this is a good the reach of U.S. law, and set up a sep- been released by the Australian Gov- short-term solution, and I support arate legal system to deal with them. ernment. those measures, I want to be confident Now, was this right or wrong? It was Salim Hamdan, Bin Laden’s driver, that Congress does not drop the ball in definitively wrong, because since then was found guilty of providing material the future. We need a more permanent the Supreme Court has rejected this support for terrorism by his military solution to this problem, and the Pro- position in four separate cases. commission. He was sentenced to 5.5 tect America’s Communities Act pro- First, in Rasul v. Bush in 2004, the years, but having already served 5 vides exactly that. court ruled that American courts, in years in Guantanamo, he was released I urge the President to develop a pol- fact, do have jurisdiction to hear ha- to Yemen in November of 2007. icy that would allow closure for the beas and other claims from detainees Ali Hamza al Bahlul, a Yemeni who families of the victims of 9/11 that will held at Guantanamo. was al-Qaida’s media chief, was found prevent terrorists from stepping foot Second, in Hamdi v. Rumsfeld, also guilty of conspiracy and providing ma- on U.S. soil and will keep them off the in 2004, the Court upheld the Presi- terial support for terrorism in Novem- battlefield where they will attempt to dent’s authority to detain unlawful ber of 2008. He refused to mount a de- kill our men and women in future com- combatants, but stated that this au- fense on his own behalf and was given bats. thority was not ‘‘a blank check.’’ In a life sentence. However, we cannot wait for the particular, the Court ruled that detain- Today, there are approximately 240 President to assure us that none of ees who were U.S. citizens, such as detainees incarcerated at Guantanamo.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5660 CONGRESSIONAL RECORD — SENATE May 20, 2009 In 2007, nearly 2 years ago, I intro- The United States has prosecuted in- York City; Jose Padilla, the U.S. cit- duced an amendment to the Defense dividuals in Federal court for the izen held for 31⁄2 years as an enemy authorization bill to close Guantanamo bombings of U.S. Embassies and the combatant based on allegations that he Bay within 1 year and transition all de- 1993 World Trade Center attack. It has had wanted to detonate a dirty bomb tainees out of that facility. prosecuted individuals plotting to inside the United States and was later The amendment was cosponsored by bomb airplanes, for attending terrorist convicted of material support to ter- 15 Senators. Unfortunately, it was not training camps, and for inciting violent rorism; 9/11 conspirator Zacarias allowed to come up for debate. acts against the United States. Moussaoui; the ‘‘Unabomber,’’ Theo- Within 2 days of his inauguration, According to a report, ‘‘In Pursuit of dore Kaczynski; and Oklahoma City President Obama issued an Executive Justice: Prosecuting Terrorism Cases bombers, one of whom is now deceased, Order announcing the closure of Guan- in the Federal Courts,’’ issued in May Timothy McVeigh and Terry Nichols. tanamo within 1 year and ordering a of last year, more than 100 terrorism These 20 are just an example of ter- review of each detainee. cases since the beginning of 2001 have rorists who have been or are being held Let me say this: I believe closing resulted in convictions. inside the United States. Guantanamo is in our Nation’s na- The individuals held at Guantanamo So there is ample evidence that the tional security interest. Guantanamo pose no greater threat to our security United States can and, in fact, does is used not only by al-Qaida but also by than these individuals convicted of hold dangerous convicts securely and other nations, governments, and indi- these crimes, who are currently held in without incident. viduals, people good and bad, as a sym- prison in the United States and are no As I said earlier, I believe that not bol of America’s abuse of Muslims, and danger to our neighbors, to our com- all detainees can be prosecuted. it is fanning the flames of anti-Ameri- munities. The Bush administration had The Bush administration had identi- canism around the world. estimated that out of the 240 detainees fied a second group of 60 to 80 who As former Navy General Counsel at Guantanamo, 60 to 80 could be pros- could be transferred out of Guanta- Alberto Mora said in 2008: ecuted for crimes against the United namo, if another nation could be found Serving U.S. flag-rank officers . . . main- States or its allies. Current efforts to that would accept them. tain that the first and second identifiable try these cases are ongoing. Again, the Obama administration is cause of U.S. combat deaths in Iraq—as In the event that detainees cannot be finding some success in moving these judged by their effectiveness in recruiting tried in Federal court or in standard insurgent fighters into combat—are, respec- detainees abroad. courts martial, the Obama administra- Since January of this year, there tively the symbols of Abu Ghraib and Guan- tion has recently proposed revisions to tanamo. have been stories indicating that cer- military commissions. This is an issue tain European nations may accept I deeply believe closing Guantanamo we are going to have to look at very is a very important part of the larger some of the detainees. A few days ago, closely in the coming weeks. France accepted an Algerian detainee effort against terror and extremism. It Our system of justice is more than from Guantanamo. These countries is a part of the effort to show that capable of prosecuting terrorists and recognize that closing Guantanamo is Americans are not hypocritical, that housing detainees before, during, and in the best interests of everyone, and we do not pass laws and then say that after trial. We have the facilities to are willing to be part of the solution. there is a certain group of people who keep convicted terrorists behind bars We sincerely thank them. are exempt from these laws. indefinitely and keep them away from Finally, let me address the third cat- Detentions at Guantanamo have American citizens. caused tension between the United The Obama administration will de- egory of detainees, which presents the States and our allies—the allies we try termine which civilian and military fa- thorniest problem. to get to contribute more forces and cilities are best to accomplish these The Executive Order Task Force will other support for the war in Afghani- goals. One example is the supermax fa- likely determine that there are some stan, and they are a rallying point for cility in Florence, CO. detainees who can neither be tried, nor the recruitment of terrorists. It is not in a neighborhood or com- transferred, nor released. Secretary So, closing it is a critical step in re- munity. It is an isolated supermax fa- Gates recently testified that there storing America’s credibility abroad, cility. It has 490 beds. They are re- were 50 to 100 of these detainees. as well as restoring the value of the served for the worst of the worst. This The President has the authority to American judicial system. facility houses not only drug kingpins, detain such people under the laws of The executive branch task force re- serial murderers, and gang leaders, but armed conflict, and he very well may sponsible for ensuring that Guanta- also terrorists who have already been need to exercise that authority. I namo closes within the year is review- convicted of crimes in the United would support his doing so. ing the evidence on each of the roughly States. In my view, this authority should be 240 detainees to determine the fol- There have been no escapes, and it is constrained and in keeping with the lowing: far, as I said, from America’s commu- Geneva Conventions. Detainees should Who can be charged with a crime and nities and neighborhoods, as are just only be held following a finding by the be prosecuted; who can be transferred about all the maximum and supermax executive branch that this action is to the custody of another country, like facilities. legal under international law. the 500 or so detainees who have al- This facility has housed terrorists These detainees should have the ready left Guantanamo; who poses no such as Ramzi Yousef, the mastermind right to have a U.S. court review this threat to the United States but cannot of the 1993 World Trade Center bomb- determination, much as the be sent to another nation; and, finally, ing, and at least six of his accomplices; Boumediene decision guaranteed that who cannot be released because they do Omar Abdel-Rahman, known as the habeas petitions of detainees will, in pose a threat but cannot be prosecuted, ‘‘Blind Sheikh,’’ who was behind a plot fact, be heard. That judicial determina- perhaps because the evidence against to blow up New York City landmarks, tion should be reviewed periodically to them is the inadmissible product of co- including the United Nations; Richard determine whether the detainee re- ercive interrogations. Reid, the al-Qaida ‘‘shoe bomber,’’ who mains a threat to national security and Let me be clear. No one is talking tried to blow up an airliner in flight; should continue to be detained. about releasing dangerous individuals four individuals involved in the 1998 In this, there is a protocol that I be- into our communities or neighborhoods bombings of Embassies of the United lieve will stand court scrutiny and en- as some would have us believe. States in Kenya and Tanzania; Ahmed able the President to continue the de- The best option is to prosecute the Ressam, the ‘‘Millennium Bomber,’’ tention of everyone who remains a na- terrorists who plotted, facilitated, and who was detained at the Canadian bor- tional security threat to the United carried out attacks against the United der with explosives in his car as he was States. States. headed to the Los Angeles airport; Guantanamo, despite all the rhetoric Let’s look at the record for a mo- Iyman Faris, the al-Qaida operative on this floor, has been a symbol of ment. who plotted to blow up bridges in New abuse and disregard for the rule of law

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5661 for too long. Four Supreme Court deci- Mr. INHOFE. Mr. President, that 6 discussion but not in where these pris- sions should convince even the most re- minutes would be immediately prior to oners are housed. This issue should be: calcitrant of those among us; it is in Senator INOUYE’s closing; is that right? Is this a secure facility? Are conditions our own national security interests I do not object. I thank the Chair. clean? Does it meet the standards of that Guantanamo be closed as quickly The PRESIDING OFFICER. Without any American prison? Does it protect and as carefully as possible. objection, it is so ordered. Americans by holding the detainees in The fact is, no Member of Congress The Senator from Texas. a secure place from which it would be wants to see, or advocates, the reckless Mrs. HUTCHISON. Mr. President, I very difficult for them to escape? release of terrorists, or anyone who is rise in support of the amendment to One other point, because it has been a threat to our national security, into prohibit funds from the supplemental brought out that we have secure pris- our communities. It does not have to, being used for relocation of Guanta- ons in America. Well, there is a dif- and it will not be done that way. namo Bay prisoners. ference here because we are putting Of the 240 detainees at Guantanamo President Obama has asked for $100 these enemy combatants who do not right now, some can be tried. Some million in the regular 2010 Defense ap- have an honor code on American soil, if have been declared not to be enemy propriations bill for his proposal to that is the choice that is made, and we combatants. Others may need to be de- close Guantanamo Bay. As Congress are also allowing people from the out- tained in the future, but only in a way considers that plan for 2010, it is rea- side to then start plotting for their es- that is consistent with our laws and sonable for us to ask the President to cape into America’s neighborhoods. our national security interests. come to Congress with his plan so we I believe the President’s initiative I believe we should close Guanta- can consider the funding requirements saying we would close Guantanamo namo. I support the President in this as part of the normal oversight proc- Bay within a year is premature, and I regard. This is a very important deci- ess. But right now, I think it is clear, am extremely concerned that this sion we are going to make. I very much from all the debate we have heard, the deadline, when there is no alternative regret that this amount was in the sup- President does not have a plan. In- and no plan for these dangerous terror- plemental bill without a plan, and I stead, he is proceeding with a decision ists, is taking precedence over the plan think that is the key. The plan was not to close Guantanamo Bay, even though that must be put forward for the secu- there. How would the money be used? there is no viable alternative for the rity of Americans. Nobody knew. So it fell smack-dab into detainment of terrorist combatants. There are five scenarios that have the trap that some want to spring On September 11, 2001, we know the been outlined here on the floor about throughout the United States: That United States peered into the face of what we would do with these detainees: this administration or this Senate evil, when 19 foreign terrorists brought hand them over to their home coun- would release detainees into the neigh- the violence of extremism to our soil, tries for incarceration, transfer them borhoods and communities of the claiming the lives of nearly 3,000 Amer- to a neutral country, transfer them to United States. icans. prisons in America, send them to U.S. As shown on this chart, this That day changed the course of facilities abroad, or release them out- supermax facility is not in a neighbor- American history. In the 8 years since, right. Unfortunately, every one of hood or a community. Yes, we have America has boldly waged the global these options heightens the threat to maximum security prisons in Cali- war on terror in an effort to prevent the lives of Americans. fornia eminently capable of holding terrorism from ever reaching American these individuals as well, and from shores again. Let’s talk about putting them in which people do not escape. This conflict has presented our Na- America. That is the worst of these op- I believe this has been an exercise in tion with operational challenges which tions. By taking this action, we allow fear-baiting. I hope it is not going to be we had not seen before. It is where to people to plot the takeover of a prison successful because I believe American and how to detain captured terrorists or the escape of these detainees, put justice is what makes this country who are enemy combatants but do not them in cell phone range where they strong in the eyes of the world. Amer- represent legal combatants of a coun- could be talking to the outside. That ican justice is what people believe sep- try. They are not an organized mili- would be the worst option. arates the United States from other tary. They do not have the honor code In 2007, the Senate voted 94 to 3 ex- countries. American justice has to be that any military of a country has. No. pressing its firm opposition to any applied to everyone because, if it is They are terrorists. They do not have plans to release Guantanamo detainees not, we then become hypocrites in the an honor code. Therefore, how and into American society or to house eyes of the world. where we detain them has been a them in American facilities. So what We should return to our values. One unique situation for our country. about other countries? What about put- of the largest symbols of returning to Included in the detainees at Guanta- ting them out into other countries? these values is, in fact, the closure of namo Bay is the self-confessed master- That, too, is very dangerous. In Janu- the facility at Guantanamo Bay. mind of 9/11, Khalid Shaikh Moham- ary, it was reported that former Guan- I thank the Chair and yield the floor. med. Since just after 9/11, these enemy tanamo detainee Said Ali al-Shihri, The PRESIDING OFFICER. The Sen- combatants have been at a prison facil- who had been released into the custody ator from Texas. ity that is a U.S. Naval Base at Guan- of Saudi Arabia, has subsequently re- Mrs. HUTCHISON. Mr. President, tanamo Bay in Cuba. I have been there. surfaced as a terrorist operative. how much time is remaining on our Conditions are good. Medical service Today, he is one of the al-Qaida leaders side? and food is good. Customs of the com- in Yemen and is charged with planning The PRESIDING OFFICER. There is batants are recognized and respected. and executing acts of violence against 15 minutes 56 seconds. My colleagues are discussing Guanta- the United States and its allies. He is Mrs. HUTCHISON. Mr. President, I namo, saying it is divisive. They are not the exception. According to the ask unanimous consent that I be noti- talking about the whole issue of what Pentagon, as many as 61 enemy com- fied after 10 minutes and that the ap- is torture. I think it is very important batants released from Guantanamo proximately 6 minutes be reserved for that we separate what is torture from have since reconnected with terrorist Senator INHOFE. detaining enemy combatants who must networks and renewed their commit- Mr. INHOFE. Mr. President, reserv- be detained because they have informa- ment to destroying America and our ing the right to object—and I do not tion and because they are either sus- way of life. Even more frightening, think I will object—I did not hear the pects or known terrorists or are self- these 61 former prisoners came from request the Senator made. Will the confessed terrorists who want to harm the group of 500 who were deemed ‘‘less Senator repeat it, please. and kill Americans and our allies. dangerous’’ and thus were released. Mrs. HUTCHISON. It is to reserve the So as we are discussing the issue of That means the approximately 270 de- 10 minutes I had scheduled and to re- where they are detained, I think we tainees currently housed in Guanta- serve 6 minutes for you, I say to the should put aside the issue of what is namo represent the most nefarious of Senator. torture, which is a legitimate issue for prisoners.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5662 CONGRESSIONAL RECORD — SENATE May 20, 2009 Clearly, a viable alternative to Guan- while ago. He came back, and he wit- them and try to adjudicate them or tanamo has not been identified. Expe- nessed the same thing I did—he was you can send them out someplace. diting closure of this detention facility down there about the same time—that Well, we have already tried that. Coun- without absolutely assuring that during the recent visit, the military tries won’t receive these people, and I American lives would be safe, not en- detention facilities at Gitmo meet the can’t blame them. The third choice dangered by this act, would place mis- highest international standards and would be to somehow have them inter- guided foreign policy goals above the are in conformity with article 3 of the mingled into our system here, set up in protection of our homeland and our Geneva Convention. some 17, as they suggested, places for people. Moreover, it signals a dan- Then, on February 20, a short time them. So none of the options are good, gerous return to the pre-9/11 mindset. after that, Vice Chief of Naval Oper- but this is one resource that has served Before setting a deadline to close this ations Admiral Walsh went down and America well. We have had it since facility at Guantanamo Bay—a U.S. issued a detailed report following a 2- 1903. naval base where they have been se- week review. I go down for 1 day at a I would ask my good friend, the sen- cured and from which there have been time; he was down there for 2 whole ior Senator from Hawaii, if he knows of no escapes and no attempts to escape— weeks with a whole team. The team any deal that America has that is bet- before setting that deadline, the Amer- conducted multiple announced and un- ter than this. It is $4,000 a year. That is ican people must be assured that the announced inspections of all of the all it costs. So it is a resource we need transfer or release of these detainees camps, in daylight and at nighttime, to keep, we have to keep. will not increase the risk to American keeping in mind that there are six dif- The only argument I hear against it citizens at home or abroad. As it ferent levels of security down there, is: Oh, the Europeans don’t want them. stands, the administration cannot give which is a resource we can’t find in any Where are the Europeans? I am getting that assurance today. We must require of our other installations to which we a little bit tired of having them dictate a plan before this order is executed. have access. Anyway, they talked to what we do in the United States. What Not doing so is a pre-9/11 mentality all of the detainees in the yards and ev- if they came forward and said: You that we cannot afford to adopt. eryone else, and they found that their have to close the Everglades tomorrow. We must remember what happened conditions were in conformity with ar- Would we roll over and close the Ever- on 9/11. We were complacent. We were a ticle 3 of the Geneva Convention. glades? No, we wouldn’t. So I think people who never thought we would be So this shouldn’t even be controver- there are a lot of options out there, and attacked on our homeland by people sial. This is something on which we all this is the best option. even within this society who were help- agree. Quite frankly, I go a lot further than ing to plot this destruction. We cannot I would suggest that we don’t have this amendment. I think we need to go back to the mentality of ‘‘every- any cases where people are being ne- keep this resource open. It has served thing is going to be OK and we won’t be glected. Right now, they have better us well in the past, and it should serve attacked again.’’ There are people in health care than they have ever had be- us well in the future. I urge my col- Guantanamo and all over the world fore. There is a medical practitioner, a leagues to support the Inouye-Inhofe today who are plotting to undo the doctor, a nurse, for every two detainees amendment. freedom in America and the ability to there. There is even a lawyer for each Mr. CARDIN. Mr. President, starting live with diversity and in peace, and we detainee who is there. From their own from his very first days in office, Presi- must hold up that flag of America and statements to me, these individuals are dent Obama has taken bold action to what it represents for the world. That eating better, living better than they demonstrate to the world that the is what will make America good in the have at any other time of their lives. United States will lead by example, eyes of the world—not releasing terror- The big problem is, if we did close it, particularly in the area of protecting ists to harm other people and our al- we would have to do something with and promoting human rights. I am es- lies. these people. I heard one of the Sen- pecially proud that Congress is work- The PRESIDING OFFICER. The Sen- ators who is on the opposite side of this ing with him to help restore faith in ator has used 10 minutes. issue say a few minutes ago: Well, that the United States as a friend, ally, and Mrs. HUTCHISON. Thank you, Mr. is fine because right now they are dis- leader in the global community. I be- President. I yield the floor. posing of them. lieve American leadership is still sore- The PRESIDING OFFICER. The Sen- They have only, in the last 3 months, ly needed in the world today. I am priv- ator from Oklahoma. found one place. It has dropped down ileged to chair the Helsinki Commis- Mr. INHOFE. Mr. President, I wish to from 241 to 240. If that is a success sion, which is one of the key tools inquire how much time we have before story, I am not sure I understand what available to help this administration the Senator from Hawaii wraps it up. success is. engage like-minded nations who have The PRESIDING OFFICER. The Sen- The bottom line is, there are things made a common commitment to pro- ator from Oklahoma has 5 minutes. down there that we can’t replicate any- moting democracy, human rights, and Mr. INHOFE. Mr. President, first of where else, and they are being well the rule of law. all, let me just say that on February 2, cared for. I want to make it clear that I fully I was in Guantanamo Bay. It was one One thing that hasn’t been talked support President Obama’s decision to of several trips I have made down about enough is the existence of the ex- close the detention facility at Guanta- there. I wish to suggest that one of the peditionary legal complex that is in namo Bay, Cuba. In recent years, no trips I made was right after 9/11. At Gitmo. This took 12 months to build. It other issue has generated as much le- that time, I did quite a bit of research cost $12 million. This is where they can gitimate criticism of the United States to try to understand why people have have tribunals. as the status and treatment of detain- this obsession about closing Guanta- One of the things people say is: Well, ees at Guantanamo Bay. Having said namo. I looked at the resources down they can be put into our justice sys- that, I think the amendment offered by there, and I couldn’t figure it out. That tem. the chairman of the Appropriations was several years ago. Now, as recently We can’t do that because these are Committee and the senior Senator as 2 months ago, I still have a hard detainees, and tribunals have a dif- from Oklahoma to strip the Guanta- time figuring that out. ferent set of procedures they use and it namo funding from the underlying bill I wish to suggest to my colleagues— has to be a special type of a court that makes sense. We are not ready to move and I have been listening to some of is set up. We do have that provision forward just yet. Reviewing the status those who are objecting to the action down there. We do have that court that of and transferring or releasing the de- we are about to take today—there can- is set up. We are in the process of try- tainees is an extremely complicated not be a case at all that there are ing these people. matter. It wouldn’t be appropriate for human rights abuses in Guantanamo So if you don’t do this, there are a any Congress to give any administra- Bay. couple of choices—only three choices— tion the funding to do this absent a de- Eric Holder, the new Attorney Gen- on getting rid of these people. One is, tailed plan on how to proceed. Presi- eral, went down there just a short you either leave them there and try dent Obama is working on such a plan

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5663 and I am confident he will provide it to interrogation techniques’’ is referred West Virginia (Mr. ROCKEFELLER) are Congress in a timely fashion, at which to nearly universally elsewhere in the necessarily absent. point I am optimistic Congress will in- world as torture. Yes, we should not The PRESIDING OFFICER. Are there deed provide this administration with kid ourselves; the fact that Guanta- any other Senators in the Chamber de- the funding it needs to close the deten- namo remains open today serves as a siring to vote? tion facility at Guantanamo Bay and powerful recruiting tool for al-Qaida. The result was announced—yeas 90, begin to address the abuses and ex- We Americans have short memories, nays 6, as follows: cesses of the previous administration but that is not so in other cultures. For [Rollcall Vote No. 196 Leg.] and repair our badly damaged reputa- example, when the Japanese Prime YEAS—90 tion abroad, which is critical to enlist- Minister visited Yasukini shrine, which Akaka Dorgan McConnell ing other nations in the continuing commemorates Japanese soldiers from Alexander Ensign Menendez Barrasso Enzi Merkley struggle against global terrorism. World War II, the Chinese were out- Baucus Feingold Mikulski The PRESIDING OFFICER (Mrs. raged. This controversy was for events Bayh Feinstein Murkowski GILLIBRAND). The Senator’s time has that are now more than 65 years old. Begich Gillibrand Murray expired. In Korea, the name of the dictator Bennet Graham Nelson (NE) Bennett Grassley Nelson (FL) The Senator from Hawaii is recog- Toyotomi Hideyoshi is still remem- Bingaman Gregg Pryor nized. bered today for the thousands of ears Bond Hagan Reid Mr. INOUYE. Madam President, I and noses which were cut off Koreans Boxer Hatch Risch rise today to discuss the Guantanamo and sent to him to prove to him how Brown Hutchison Roberts Brownback Inhofe Sanders amendment which I offered along with many Koreans his soldiers had killed. Bunning Inouye Schumer Senator INHOFE. As all of my col- That atrocity is still remembered Burr Isakson Sessions leagues know, the amendment would today by millions of Koreans, even Burris Johanns Shaheen strip the funding from the supple- Cantwell Johnson Shelby though it occurred more than 400 years Cardin Kaufman Snowe mental that was requested to begin the ago. Carper Kerry Specter process of closing Guantanamo. The dehumanizing photographs of de- Casey Klobuchar Stabenow Let me say at the outset that despite tainees at Abu Ghraib are no longer Chambliss Kohl Tester Coburn Kyl Thune some of the rhetoric concerning this fresh in our minds, but that is not true Cochran Landrieu Udall (CO) issue, this amendment is not a ref- in the Middle East, where the populace Collins Lautenberg Udall (NM) erendum on closing Guantanamo. In- remembers the degradation with dis- Conrad Lieberman Vitter stead, it should serve as a reality check Corker Lincoln Voinovich gust. When they think of Guantanamo, Cornyn Lugar Warner since, at this time, the administration they remember those photos. Those im- Crapo Martinez Webb has not yet forwarded a coherent plan ages are still crystal clear to them. DeMint McCain Wicker for closing this prison. The wrongdoing has not been forgot- Dodd McCaskill Wyden In the committee markup, I included ten. NAYS—6 language which would have delayed the The closure of Guantanamo is a re- Durbin Leahy Reed obligation of funding for Guantanamo quirement for this country to help Harkin Levin Whitehouse until the administration forwarded overcome some of the ill will still felt NOT VOTING—3 such a plan. I also included provisions by Muslims around the world. To Byrd Kennedy Rockefeller which would not have allowed pris- many, Guantanamo is considered an af- The amendment (No. 1133) was agreed oners to be relocated to the United front to the Muslim religion. Stories of to. States or released if they still pose a improper respect for the Koran by pris- Mr. INOUYE. I move to reconsider threat to our Nation. But after listen- on officials, even though inaccurate, the vote, and I move to lay that mo- ing to the debate and reading media reserve as a reminder to millions of Mus- tion on the table. ports, it became clear that this mes- lims that this prison must be closed. The motion to lay on the table was sage was not getting through. Rather Many of our colleagues are justifi- agreed to. than cooling the passions of those who ably concerned about how the terror- Mr. FEINGOLD. Madam President, I are justifiably concerned with the ulti- ists at Guantanamo will be handled. voted in favor of the amendment of- mate disposition of the prisoners, the They deserve answers. But so too we fered by Senator INOUYE, No. 1133, be- funding which remained in the bill be- must begin planning to close this pris- cause I believe it makes sense for Con- came a lightning rod far overshadowing on. That work needs to begin soon for gress to review the administration’s its impact and dwarfing the more im- the good of our Nation and the men plan to close Guantanamo before pro- portant elements of this critically and women still serving in harm’s way. viding funding. I continue to believe needed bill. It is up to the administration to fash- that President Obama made the right Instead of letting this bill get bogged ion a plan that can win the support of decision to close Guantanamo, and I down over this matter, as chairman of the American people and its congres- look forward to reviewing his plan to the committee, I determined that the sional representatives. As we approach do so. While closing Guantanamo may best course was to eliminate the funds the fiscal year 2010 budget, this will be not be easy, it is vital to our national in question. The fact that the adminis- a key element of our continued review security that we close this prison, tration has not offered a workable plan of this matter. which is a recruiting tool for our en- at this point made that decision rather I support the amendment for the rea- emies. easy. sons I have stated and urge its adop- Mr. INOUYE. Madam President, I But let me be very clear: We need to tion. suggest the absence of a quorum. close the Guantanamo prison. Yes, it is I yield the floor. The PRESIDING OFFICER. The a fine facility, state of the art, and I The PRESIDING OFFICER. Under clerk will call the roll. too have visited the prison site. Yes, the previous order, the question is on The bill clerk proceeded to call the the detainees are being cared for, with agreeing to the amendment No. 1131. roll. good food, good service, and good med- Mr. INOUYE. Madam President, I ask Mr. KERRY. Madam President, I ask ical care. Our service men and women for the yeas and nays. unanimous consent that the order for are doing great work. But the fact is The PRESIDING OFFICER. Is there a the quorum call be rescinded. that Guantanamo is a symbol of the sufficient second? The PRESIDING OFFICER. Without wrongdoings that have occurred, and There is a sufficient second. objection, it is so ordered. we must eliminate that connection. The clerk will call the roll. The Senator from Georgia. Guantanamo serves as a sign to The assistant legislative clerk called AMENDMENT NO. 1144 many in the Arab and Muslim world of the roll. Mr. CHAMBLISS. Madam President, the insensitivities that some under our Mr. DURBIN. I announce that the I ask unanimous consent to tempo- command demonstrated at the Abu Senator from West Virginia (Mr. rarily set aside the pending amend- Ghraib prison. It is a constant re- BYRD), the Senator from Massachusetts ment and to call up my amendment, minder that what we call ‘‘enhanced (Mr. KENNEDY), and the Senator from No. 1144, which is at the desk.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5664 CONGRESSIONAL RECORD — SENATE May 20, 2009 The PRESIDING OFFICER. Is there ‘‘(C) INELIGIBILITY FOR BOND OR PAROLE.— cans, but it has also affected the lives objection? No immigration judge or official of United of people around the globe. The fact is, Hearing no objection, it is so ordered. States Immigration and Customs Enforce- what started in the United States has The clerk will report. ment may release from detention on bond or now spread to countries around the The bill clerk read as follows: parole any alien described in subparagraph (A).’’. world, and it continues to reverberate The Senator from Georgia [Mr. (d) ASYLUM INELIGIBILITY.—Section beyond our financial systems into all CHAMBLISS], for himself, Mr. ISAKSON, Mr. 208(a)(2) of the Immigration and Nationality of our economies. The global economic BURR, and Mr. COBURN, proposes an amend- Act (8 U.S.C. 1158(a)(2)) is amended by adding crisis is in fact seriously affecting ment numbered 1144. at the end the following: emerging markets and developing The amendment is as follows: ‘‘(E) GUANTANAMO BAY DETAINEES.—Para- countries, and they are now experi- (Purpose: To protect the national security of graph (1) shall not apply to any alien who, as encing severe economic declines and the United States by limiting the immigra- of January 1, 2009, was being detained by the massive withdrawals of capital. tion rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base.’’. We don’t know yet where this crisis Department of Defense at Guantanamo will end, but we know we do have an Bay Naval Base) (e) MANDATORY DETENTION OF ALIENS FROM GUANTANAMO BAY NAVAL BASE.—Section ability to be able to address this crisis On page 7, line 25, strike the period at the 236(c)(1) of the Immigration and Nationality in various ways. One of the most pow- end and insert ‘‘and, in order for the Depart- Act (8 U.S.C. 1226(c)(1)) is amended— erful instruments, one of the most pow- ment of Justice to carry out the responsibil- (1) in each of subparagraphs (A) and (B), by erful tools available to the leaders of ities required by Executive Orders 13491, striking the comma at the end and inserting 13492, and 13493, it is necessary to enact the the governmental financial market- a semicolon; place, is the IMF itself. President amendments made by section 203.’’ (2) in subparagraph (C), by striking ‘‘, or’’ SEC. 203. IMMIGRATION LIMITATIONS FOR GUAN- and inserting a semicolon; Obama understood early on that our TANAMO BAY NAVAL BASE DETAIN- (3) in subparagraph (D), by striking the actions on the global stage in response EES. comma at the end and inserting ‘‘; or’’; and to this financial and economic crisis (a) SHORT TITLE.—This section may be (4) by inserting after subparagraph (D) the would be a very important test of cited as the ‘‘Protecting America’s Commu- following: nities Act’’. America’s leadership. That is why in ‘‘(A) as of January 1, 2009, was being de- (b) INELIGIBILITY FOR ADMISSION OR PA- his first major meeting abroad at the tained by the Department of Defense at ROLE.—Section 212 of the Immigration and G–20 leader summit in London, the Guantanamo Bay Naval Base.’’. Nationality Act (8 U.S.C. 1182) is amended— (f) STATEMENT OF AUTHORITY.— President called for an expansion of the (1) in subsection (a)(3), by adding at the (1) IN GENERAL.—Congress reaffirms that— IMF’s new arrangements to borrow. It end the following: (A) the United States is in an armed con- is often referred to just as the NAB— ‘‘(G) GUANTANAMO BAY DETAINEES.—An flict with al Qaeda, the Taliban, and associ- the new arrangements to borrow. The alien who, as of January 1, 2009, was being ated forces; and President proposed expanding that up detained by the Department of Defense at (B) the entities referred to in subparagraph to about $500 billion in order to help Guantanamo Bay Naval Base, is inadmis- (A) continue to pose a threat to the United sible.’’; and the world’s economies avoid collapse. States and its citizens, both domestically This crisis of the last months has of- (2) in subsection (d)— and abroad. (A) in paragraph (1), by inserting ‘‘or fered us a vivid illustration of how the (2) AUTHORITY.—Congress reaffirms that (5)(B)’’; and the President is authorized to detain enemy increasing interconnectedness of our (B) in paragraph (5)(B), by adding at the combatants in connection with the con- global economic financial system actu- end the following: ‘‘The Attorney General tinuing armed conflict with al Qaeda, the ally comes with a greater suscepti- may not parole any alien who, as of January Taliban, and associated forces until the ter- bility to systemic risk. The IMF con- 1, 2009, was being detained by the Depart- mination of such conflict, regardless of the tains risk, deals with risk, minimizes ment of Defense at Guantanamo Bay Naval place at which they are captured. Base.’’. risk by serving as a bulwark against (3) RULE OF CONSTRUCTION.—The authority (c) DETENTION AUTHORITY.—Section 241(a) rolling financial failures, and it ad- described in this subsection may not be con- dresses volatility in the global finan- of the Immigration and Nationality Act (8 strued to alter or limit the authority of the U.S.C. 1231(a)) is amended— President under the Constitution of the cial system. The result of that is actu- (1) by striking ‘‘Attorney General’’ each United States to detain enemy combatants ally to help everybody. The NAB is a place it appears, except for the first ref- in the continuing armed conflict with al contingency fund to which many coun- erence in paragraph (4)(B)(i), and inserting Qaeda, the Taliban, and associated forces, or tries contribute, and today other coun- ‘‘Secretary of Homeland Security’’; and in any other armed conflict. (2) by adding at the end the following: tries are looking to the United States ‘‘(8) GUANTANAMO BAY DETAINEES.— The PRESIDING OFFICER. The Sen- to deliver on our earlier commitment. ‘‘(A) CERTIFICATION REQUIREMENT.—An ator from Massachusetts. Japan has committed $100 million, alien ordered removed who, as of January 1, Mr. KERRY. Madam President, later the European Community members 2009, was being detained by the Department today, or at some point in time, with have already committed $100 billion, of Defense at Guantanamo Bay Naval Base, respect to the supplemental, there will and may well commit up to $160 billion. shall be detained for an additional 6 months be an amendment that will seek to In the last few weeks, countries such as beyond the removal period (including any ex- strike funds that have been put in this Canada, Switzerland, China, South tension under paragraph (1)(C)) if the Sec- supplemental for the purpose of pro- Korea, Norway, Australia, the Czech retary of Homeland Security certifies that— ‘‘(i) the alien cannot be removed due to the viding additional loan money to the Republic, India, and others have all of- refusal of all countries designated by the IMF. I would like to talk about that fered commitments in the billions of alien or under this section to receive the for a moment because this is a proposal dollars in order to support the IMF. alien; and of the President which has the bipar- The President’s promise helped to gal- ‘‘(ii) the Secretary is making reasonable tisan support of members of the For- vanize this global response, and it is efforts to find alternative means for remov- eign Relations Committee, and it has critical that we, the United States, ing the alien. serious implications with respect to having galvanized this response, having ‘‘(B) RENEWAL AND DELEGATION OF CERTIFI- the health of the world’s economy. It helped to lead people to the watering CATION.— also has serious implications with re- hole, now fulfill our obligations our- ‘‘(i) RENEWAL.—The Secretary may renew a certification under subparagraph (A) without spect to America’s leadership. selves. We need to do our part, and we limitation after providing the alien with an Madam President, everybody under- need to approve the President’s request opportunity to— stands that the United States of Amer- for up to $100 billion of authority. In ‘‘(I) request reconsideration of the certifi- ica is not alone in wrestling with an fact, in terms of the budget authority cation; and economic crisis that is global at this here, this is scored at about $5 billion. ‘‘(II) submit documents or other evidence point. We all understand how it began. Why? Because this is a loan process, in support of the reconsideration request. We understand the implications of our and it is a loan process over which the ‘‘(ii) DELEGATION.—Notwithstanding sec- own irresponsibility with respect to tion 103, the Secretary may not delegate the United States continues to have input authority to make or renew a certification the regulatory process and the greed and the ability, in fact, to help make under this paragraph to an official below the and other excesses that drove what decisions. level of the Assistant Secretary for Immigra- happened on Wall Street and what has The reasons to support the Presi- tion and Customs Enforcement. affected the lives of millions of Ameri- dent’s request frankly go far beyond

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5665 the need of other countries at their tions deteriorate in these countries, they en- ment, instability, and a retrenchment moment of economic vulnerability. A danger America’s own growth along with of the influence and ideals that we fortified IMF is in our interest also. U.S. jobs and exports. The IMF is the best in- have been investing in and helping There are real national security con- strument to provide these countries with the those countries to put more perma- short term loans that will enable them to cerns about the way this crisis could weather the crisis. nently in place. trigger a political crisis around the At the April G–20 Leaders Summit, the The IMF is the best channel for pro- world. It is, in fact, a crisis which has President urged other nations to provide ad- viding balance of payment assistance already brought down the Governments ditional resources for the IMF. The legisla- to emerging and developing markets of Iceland and several east European tion increases the size and membership in that are currently suffering as a con- countries. It has helped to spark riots the New Arrangements to Borrow—a contin- sequence of their economies and bank- in Europe and Southeast Asia, and it gency facility that will permit continued ing systems. In some cases, political will very likely be a driving political international lending when the IMF’s exist- systems are collapsing around them. ing resources are drawn down. The new force for a long time to come. agreement also opens the way for greater The alternative to having a legitimate For all the volatility that we have participation by major emerging market and robust IMF to deal with countries seen, Madam President, we value our countries who will contribute for the first at risk is, frankly, not a pretty one. investment in the IMF all the more for time to this facility. IMF loans come with strings attached, the things we have not seen. The fund It is important to note that other govern- but they are mainly financial strings has been able so far to act swiftly to ments are providing more than 80% of the not strategic strings. stave off balance of payment crises in new funding required, and Japan, China and As we balance the domestic and glob- countries such as Pakistan. Obviously, countries in Europe have already approved al demands of this crisis, we need to be their new IMF contributions. As the global warned that in cutting corners for whatever we can do to avoid economic economic leader, it is now incumbent on the crisis in Pakistan right now is critical United States to promptly to meet its obli- short-term savings, we risk creating to the survival of that democracy and gations. far greater costs down the road. As it to the ultimate success, we hope, A stronger and more responsive IMF is es- stands now, the large and urgent fi- against the insurgencies the Govern- sential to the restoration of confidence in nancing needs projected for emerging ment of Pakistan and the people of the global economy and financial system and markets and developing countries can- Pakistan are fighting. thus to our own economic recovery. We urge not be met from existing IMF lending We are also seeing the steps taken by Congress to move expeditiously on the Presi- reserves. There is no cost-free, risk-free the IMF thus far are also lending dent’s request. option, and lendings to the new ar- Respectfully yours, strong support to key U.S. allies, in- James A. Baker, III; Nicholas F. Brady; rangements for borrowing allows us to cluding Mexico, Poland, and Colombia. Frank C. Carlucci; Henry Paulson; Lee leverage our contribution toward a These are vulnerable nations with very H. Hamilton; Colin L. Powell; Henry global capacity to manage economic important American interests at play. Kissinger. risks. Managing those risks benefits all Successes obviously don’t make head- Condoleezza Rice; W. Anthony Lake; of us. lines the same way that failures do, Robert Rubin; Robert McFarlane; The reasons to act, in fact, go well but make no mistake; IMF financing Brent Scowcroft; Paul H. O’Neil; Paul beyond foreign policy interests. This is has helped to stabilize several poten- A. Volcker. not a foreign policy issue. In fact, our tially volatile situations in this crisis Mr. KERRY. Madam President, I em- domestic economic interests are also already. phasize that the signatures on this let- vulnerable if we fail to stem economic Madam President, I am not alone in ter come from both sides of the aisle, crises in other countries. warning of the security threat that is from respected public servants and ad- Why is that? Well, for a very simple posed by this crisis. Back in March, the mired strategists, such as GEN Brent reason. Expanding the IMF’s NAB re- Director of National Intelligence, ADM Scowcroft, Henry Kissinger, Colin Pow- sources is actually essential to our Dennis Blair, testified before Congress ell, James Baker, Robert Rubin, Lee overall strategy for restoring the about the risks in front of our Nation. Hamilton, and Paul Volcker. All of health of the U.S. economy, for our ex- This is what he said: them urge us to complete the task of ports, and it helps us to secure U.S. The primary near-term security concern of providing the support funding for the jobs. the United States is the global economic cri- IMF. Some in America might take the sis and its geopolitical implications. If there is one lesson we should take short-term view. We have heard that That is a remarkable statement com- away from the worst impacts of this before. Some in America may try to ing from a person who is in the middle global crisis, it is that we should never appeal to the lowest common denomi- of struggling with potential dirty underestimate the severity of these nator and say to people: Well, why on bombs and terrorism and counterter- economic challenges or the urgency of Earth are we sending money to some rorism and the threat of al-Qaida in tackling them head on rather than de- fund that might, in fact, help a foreign various parts of the world. He never- ferring the tough decisions. The IMF country, when we ought to be just fo- theless still emphasizes that the pri- needs a robust contingency fund. Let cused on the bailout at home? Well, the mary threat is a global economic crime emphasize this is a contingency reality is that is a completely, totally sis, and I believe we need to understand fund. This is a fund that doesn’t rep- false choice. The truth is, America’s the full implications of it. resent money that is transferred to the economic recovery depends not just on Madam President, I ask unanimous IMF, and then they take on some our own stimulus package and on consent to have printed in the RECORD spending spree, nor does it represent spending here, and not just on fiscal a letter signed by 14 former National money that goes to the IMF and is used and monetary policy and programs Security Advisers and Secretaries of for IMF expenses. This is a direct loan that sustain domestic demand, but we State, Defense, and Treasury, all urg- program—loan only—and in the past also need to sustain demand abroad. ing us to move expeditiously to live up the United States has actually made We sell to those countries. We have to the President’s commitment. money when we have made these loans. millions of Americans making products There being no objection, the mate- The fact is that this financial crisis that go to those countries and, in fact, rial was ordered to be printed in the is still brewing. For example, in cen- those emerging markets in developing RECORD, as follows: tral and Eastern Europe, in this part of countries have been, up until now, THE BRETTON WOODS COMMITTEE, the world where we saw the Berlin Wall some of the best growth opportunities Washington, DC, May 14, 2009. and a repressive Communist regime of for American investment and for Amer- DEAR MADAM SPEAKER AND MAJORITY Eastern Europe crash down 20 years ican jobs to be able to supply goods. LEADER REID: We are writing to express sup- ago, we see the risk that if we don’t Economic growth abroad helps us to port for the Administration’s request for act, it is possible that the economies of kick economic growth into gear at prompt enactment of additional funding for the International Monetary Fund. Eastern Europe will come crashing home. That is why we need the IMF to As you well know, the global economic cri- down too. Then we will replace an era help protect the markets we export to sis has had a severe impact on emerging of promise and progress in Eastern Eu- and from which they import American markets and developing countries. As condi- rope with one of soaring unemploy- products.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5666 CONGRESSIONAL RECORD — SENATE May 20, 2009 Let me just be specific about that. this and these systemic failures, and it Arrangements to Borrow, is a contin- Between 2003 and 2008, U.S. exports will hurt more if it reverberates back gency fund to be used only when other grew by 8 percent per year in real to us because we failed to help some of resources of the IMF are exhausted. terms. Since 2000, our exports show a those countries to hold up the export The United States and other members 95-percent correlation to foreign coun- demand as well as to sustain their po- of the NAB have control over these try growth rates. In large part, our litical systems which we have invested funds, and the IMF needs to get ap- economy was benefiting from the rapid in very deeply since the end of the Cold proval from the NAB providers in order growth of other economies in other War. to draw down on these funds. So we parts of the world. During that period, As countries recover, the United have to think of this as an insurance the role of exports in driving American States is going to gain. We are going to fund over which the United States con- economic growth actually increased. be spared the risk of an even more pre- tinues to have control. The share of all U.S. growth attrib- cipitous decline in our exports, with We have before us legislation to re- utable to export growth rose from 25 greater job loss. In time, our export plenish the IMF’s resources just in percent in 2003 to almost 50 percent in growth will resume and people in ex- time for it to be able to stand up and 2007, and then almost 70 percent in 2008. port industries across our country are help fight this crisis. With this money, Now, unfortunately, our exports going to be able to go back to work. the IMF will be able to help many peaked in July of last year, and they While we take part in a global effort countries revive their economies. With have been falling ever since then. Most to increase the NAB, we also have to this money, the IMF will be ready in of our partners are in recession. In the shore up our influence inside the IMF case the crisis deepens and creates first quarter of 2009, our real exports and give greater voice to the emerging more victims. With this money, Amer- were 23 percent lower than in the first markets. The President is looking to ica is able to lead at a moment of crisis quarter of 2008. increase by approximately $8 billion and keep the promise of the President Our export decline is now contrib- America’s quota subscription to the and help us to sustain the viability of uting to the recession in the United IMF. These quotas actually determine emerging markets and countries, which States. With an export share in GDP of how the IMF assigns voting rights, and is vital in the context of the struggle 12 percent, a 23-percent decline of that it decides on access to IMF funding. against extremism and religious fanat- share of GDP, if you sustain that 23 This increase in the U.S. quota is part icism and terrorism, which we see has percent over the course of the year it of a larger practice to address long its prime targets in places that are actually makes a negative contribution overdue governance reform and create failing. The ability to be able to pre- to the GDP of the United States of 2.5 greater legitimacy for the IMF. vent that failure is in the strategic as percent. In other words, if our domestic It is also part of a two-way street. If well as in the economic interests of our demand were stagnant, our GDP would we want major exporting companies to country. The world is looking to us to fall by nearly 3 percent. With that, we step up and contribute for the first keep our word. lose a lot of jobs and a lot of the strug- time to, amongst other things, this ex- I urge support for the request of the gle to get our economy back into gear panded NAB facility, then we need to President. just becomes that much more com- show that they can have a larger voice The PRESIDING OFFICER (Mrs. plicated and that much more delayed. in the IMF itself. It also makes certain HAGAN). The Senator form Georgia is Congress passed, and the President the United States can keep its current recognized. signed, a stimulus plan that is designed voting weight in order to maintain our AMENDMENT NO. 1164 to boost domestic demand. But if we leadership in the IMF so we have the Mr. ISAKSON. Madam President, I fail to act, all the money we have spent ability to shape the future of the insti- ask unanimous consent that the pend- to stimulate our own economy could tution. ing amendment be set aside and actually be offset completely by the Before I finish, I would like to di- amendment No. 1164, which is at the decline in exports. rectly speak to two misconceptions desk, be pending. We need to help these foreign coun- that I think are involved in the amend- The PRESIDING OFFICER. Without tries lift themselves out of recession. ment that will seek to strike this par- objection, it is so ordered. Our recovery now depends on many of ticular portion. The first is a very im- The clerk will report. these countries that are now at risk. portant point, and I wish to emphasize The bill clerk read as follows: Some foreign countries can take care it. I spoke about it a moment ago, but The Senator from Georgia [Mr. ISAKSON], for himself, Mr. DODD, Mr. LIEBERMAN, and of themselves with a stimulus of their I really wish to emphasize it. Mr. CHAMBLISS, proposes an amendment own and in cleaning up their own bank- The United States, in providing lend- numbered 1164. ing money to the New Arrangements to ing sectors. But many other countries, Mr. ISAKSON. I ask unanimous con- Borrow, to the IMF, is not giving away especially emerging market economies, sent that the reading of the amend- money. We are not spending money. have been so hard hit that they need a ment be dispensed with. helping hand. This is a deposit fund. It goes into an The PRESIDING OFFICER. Without Some countries have been cut off account, and we get an IMF interest- objection, it is so ordered. abruptly from capital markets and bearing asset in exchange for those The amendment is as follows: shut out of the credit markets by the funds. It actually can turn out to be a (Purpose: To amend the Internal Revenue banking problems originating in the good investment because, while we par- Code of 1986 to expand the application of United States and Europe. Let me give ticipate in the IMF because of the the homebuyer credit, and for other pur- an example. We exported to a lot of enormous benefit it brings to the poses) countries our notions about how one United States and to the world in At the end of title V, insert the following: ought to bank and how you, in fact, use terms of emerging countries and their SEC. 504. CREDIT FOR CERTAIN HOME PUR- banks to leverage and to go out and markets, in fact, the United States has CHASES. create jobs by investing in businesses. earned money historically on its par- (a) ELIMINATION OF FIRST-TIME HOMEBUYER REQUIREMENT.— The fact is that many banks in West- ticipation in the IMF. According to the (1) IN GENERAL.—Subsection (a) of section ern Europe practiced that so effec- Treasury Department’s most recent re- 36 of the Internal Revenue Code of 1986 is tively that they bought up banks in port to Congress, the fact is, we have amended by striking ‘‘who is a first-time Eastern Europe, and so banks in parts been on the plus side. This is not a pay- homebuyer of a principal residence’’ and in- of Eastern Europe, when they stopped out, therefore, of the IMF; it is an ex- serting ‘‘who purchases a principal resi- lending, stopped lending because the change of assets. We put assets in the dence’’. banks in the western part of Europe fund, and we get an interest-bearing (2) CONFORMING AMENDMENTS.— are taking care of their immediate asset in exchange for those funds. This (A) Subsection (c) of section 36 of such home-based problems and their capital Code is amended by striking paragraph (1) is a particular arrangement that has and by redesignating paragraphs (2), (3), (4), problems, and the result is those east- worked out very sufficiently for the and (5) as paragraphs (1), (2), (3), and (4), re- ern economies are particularly hard U.S. Treasury in the past. spectively. hit. This crisis actually started with Second, let me be very clear on what (B) Section 36 of such Code is amended by us, and it is reverberating because of is being asked here. The NAB, the New striking ‘‘FIRST-TIME HOMEBUYER

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5667 CREDIT’’ in the heading and inserting (e) ELIMINATION OF INCOME LIMITATION.— sent that the pending Brownback ‘‘HOME PURCHASE CREDIT’’. Subsection (b) of section 36 of the Internal amendment be modified with the (C) The table of sections for subpart C of Revenue Code of 1986 is amended to read as changes at the desk. part IV of subchapter A of chapter 1 of such follows: Code is amended by striking the item relat- ‘‘(b) DOLLAR LIMITATION.— The PRESIDING OFFICER. Without ing to section 36 and inserting the following ‘‘(1) IN GENERAL.—Except as otherwise pro- objection, it is so ordered. new item: vided in this subsection, the credit allowed The amendment, as modified, is as ‘‘Sec. 36. Home purchase credit.’’. under subsection (a) shall not exceed $8,000. follows: ‘‘(2) MARRIED INDIVIDUALS FILING SEPA- (D) Subparagraph (W) of section 26(b)(2) of At the end of title III, add the following: such Code is amended by striking ‘‘home- RATELY.—In the case of a married individual filing a separate return, paragraph (1) shall SENSE OF SENATE.—It is the sense of the Sen- buyer credit’’ and inserting ‘‘home purchase ate that the Secretary of Defense should con- credit’’. be applied by substituting ‘$4,000’ for ‘$8,000’. sult with State and local government offi- (b) ELIMINATION OF RECAPTURE EXCEPT FOR ‘‘(3) OTHER INDIVIDUALS.—If two or more in- cials before making any decision about HOMES SOLD WITHIN 3 YEARS.—Subsection (f) dividuals who are not married purchase a of section 36 of the Internal Revenue Code of principal residence, the amount of the credit where detainees at Naval Station Guanta- 1986 is amended to read as follows: allowed under subsection (a) shall be allo- namo Bay, Cuba, might be transferred, ‘‘(f) RECAPTURE OF CREDIT IN THE CASE OF cated among such individuals in such man- housed, or otherwise incarcerated as a result CERTAIN DISPOSITIONS.— ner as the Secretary may prescribe, except of the implementation of the Executive ‘‘(1) IN GENERAL.—In the event that a tax- that the total amount of the credits allowed Order of the President to close the detention payer— to all such individuals shall not exceed facilities at Naval Station Guantanamo Bay. ‘‘(A) disposes of the principal residence $8,000.’’. The PRESIDING OFFICER. The Sen- with respect to which a credit was allowed (f) EFFECTIVE DATE.—The amendments ator from Iowa is recognized. under subsection (a), or made by this section shall apply to resi- ‘‘(B) fails to occupy such residence as the dences purchased on or after the date of the Mr. HARKIN. Madam President, I taxpayer’s principal residence, enactment of this Act. wish to speak about the effort that at any time within 36 months after the date Mr. ISAKSON. I know the Senator seems to be underway here now—and I on which the taxpayer purchased such resi- from Iowa wishes to speak, but first I guess we will be having some more dence, then the tax imposed by this chapter ask unanimous consent that Senator amendments this afternoon from the for the taxable year during which such dis- other side of the aisle—to prevent the DODD, Senator LIEBERMAN, and Senator position occurred or in which the taxpayer President from addressing a serious na- CHAMBLISS be added to the amendment. failed to occupy the residence as a principal tional security problem: the continued residence shall be increased by the amount The PRESIDING OFFICER. Without of such credit. objection, it is so ordered. operation of the detention center at ‘‘(2) EXCEPTIONS.— Mr. ISAKSON. Madam President, Guantanamo Bay, Cuba. ‘‘(A) DEATH OF TAXPAYER.—Paragraph (1) this amendment is very simple. You It is long past time we close this fa- shall not apply to any taxable year ending heard me many times come to the floor cility. On May 23, 2007, almost exactly after the date of the taxpayer’s death. to talk about the housing tax credit. 2 years ago, I introduced legislation to ‘‘(B) INVOLUNTARY CONVERSION.—Paragraph close that detention center. Since that (1) shall not apply in the case of a residence The tax credit we finally amended to which is compulsorily or involuntarily con- repeal the payback provision of $8,000 time, unfortunately, it has only be- verted (within the meaning of section for first-time home buyers has brought come more imperative that we act. It 1033(a)) if the taxpayer acquires a new prin- an improvement in home sales of 40 remains the case that there is simply cipal residence within the 2-year period be- percent at the entry level. no compelling reason to keep the facil- ginning on the date of the disposition or ces- This amendment merely removes the ity open and not to bring the detainees sation referred to in such paragraph. Para- means test of a maximum income of to maximum-security facilities here in graph (1) shall apply to such new principal the United States. residence during the remainder of the 36- $150,000 for a couple and $75,000 for an month period described in such paragraph as individual, and it removes the means This Nation has long been a beacon if such new principal residence were the con- test that they have to be a first-time of democracy, a champion of human verted residence. home buyer, which means any home rights throughout the world. Over the ‘‘(C) TRANSFERS BETWEEN SPOUSES OR INCI- buyer buying a home for their principal past 8 years, however, we have repeat- DENT TO DIVORCE.—In the case of a transfer of residence would receive an $8,000 tax edly betrayed our highest principles. a residence to which section 1041(a) applies— credit and there would be no limitation Torture was authorized in direct viola- ‘‘(i) paragraph (1) shall not apply to such transfer, and to their income to disqualify them. tion of the law, and we intentionally ‘‘(ii) in the case of taxable years ending I have always fought on this floor for put detainees beyond the most basic after such transfer, paragraph (1) shall apply a maximum tax credit of $15,000, and I rules of law, including secret tribunals to the transferee in the same manner as if know how difficult that has been. But where detainees lacked opportunities such transferee were the transferor (and in the evidence of what has happened to challenge their confinement and shall not apply to the transferor). with the current $8,000 with the means lacked sufficient due process. ‘‘(D) RELOCATION OF MEMBERS OF THE test, by removing it I am confident we These errors are manifest in the de- ARMED FORCES.—Paragraph (1) shall not apply in the case of a member of the Armed will have a significant improvement in tention center at Guantanamo Bay, Forces of the United States on active duty the housing market in America, which where the very purpose was to avoid who moves pursuant to a military order and in turn will cause a significant im- providing legal safeguards that are en- incident to a permanent change of station. provement in the economy of the shrined in our Constitution and the Ge- ‘‘(3) JOINT RETURNS.—In the case of a credit United States of America, as happened neva Conventions to detainees and to allowed under subsection (a) with respect to in 1968, 1974, 1981, 1982 and 1990 to 1991. prevent independent courts from re- a joint return, half of such credit shall be Housing took America into a recession, viewing the legality of the administra- treated as having been allowed to each indi- and it was only when it recovered that vidual filing such return for purposes of this tion’s actions. That was the purpose of subsection. America began to come out. Guantanamo as a detention center. ‘‘(4) RETURN REQUIREMENT.—If the tax im- This improvement in that amend- Now that the Supreme Court has de- posed by this chapter for the taxable year is ment, with this amendment, will be finitively ruled that constitutional increased under this subsection, the tax- better for the people of the United protections apply at Guantanamo, it payer shall, notwithstanding section 6012, be States of America and better for our truly serves no purpose. required to file a return with respect to the economy. I encourage my colleagues at Closing the facility, however, does taxes imposed under this subtitle.’’. an appropriate time to cast a favorable (c) EXPANSION OF APPLICATION PERIOD.— not just follow from a commitment to Subsection (h) of section 36 of the Internal vote. our most cherished values and con- Revenue Code of 1986 is amended by striking I yield the floor. stitutional principles; rather, closure is ‘‘December 1, 2009’’ and inserting ‘‘June 1, The PRESIDING OFFICER. The Sen- essential for our national security. As 2010’’. ator from Mississippi is recognized. long as the detention center at Guanta- (d) ELECTION TO TREAT PURCHASE IN PRIOR AMENDMENT NO. 1140, AS MODIFIED namo Bay is open, it remains a recruit- YEAR.—Subsection (g) of section 36 of the In- ternal Revenue Code of 1986 is amended by Mr. COCHRAN. Madam President, I ing tool for those who wish to do us striking ‘‘December 1, 2009’’ and inserting have a unanimous consent request that harm and provides ammunition for our ‘‘June 1, 2010’’. has been cleared. I ask unanimous con- enemies.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5668 CONGRESSIONAL RECORD — SENATE May 20, 2009 This is not just my view but is the legal system, as the Supreme Court has Indeed, I feel the statements and the view of military and foreign policy offi- rightly found necessary, involves some arguments of many on the other side of cials. The Director of National Intel- very difficult policy issues. the aisle are simply to scare the Amer- ligence, Dennis Blair, has said: I, myself, greatly look forward to the ican people, unduly scare the American The detention center has become a dam- President’s plan, and I will judge it people, and spread this kind of fear and aging symbol for the world . . . it is a ral- carefully. Closing Guantanamo and misinformation by suggesting that lying cry for terrorist recruitment and simply replicating the same deficient closing the facility at Guantanamo harmful to our national security, so closing legal process in the United States Bay will somehow mean the terrorists it is important for our national security. would be purely symbolic and meaning- will be walking Main Street or, as the That is from Dennis Blair, our Direc- less. junior Senator from Arizona claimed: tor of National Intelligence. As the administration undertakes its Khalid Shaikh Mohammed and his Former Navy general counsel Alberto review of the detainees at Guantanamo partners will be our neighbors—will be Mora has said: and considers the most appropriate our neighbors if they are in secure de- There are serving U.S. flag-rank officers way to close the facility, the last thing tention facilities. who maintain that the first and second iden- Congress should do is handcuff the This is the kind of language that tifiable causes of U.S. combat deaths in President. rightfully gets Americans fearful that Iraq—as judged by their effectiveness in re- What I am hearing are some argu- they are going to be our neighbors. cruiting insurgent fighters into combat—are, ments on the other side of the aisle ba- Well, the fact is, those individuals who respectively, the symbols of Abu Ghraib and sically saying, through these amend- can be tried in Federal court can and Guantanamo. ments they are offering, Guantanamo will be vigorously prosecuted. Federal Retired Air Force MAJ Matthew Al- Bay should remain open. That is the courts have successfully prosecuted exander, who led the interrogation thrust of the amendments: Guanta- terrorists in the past. In fact, between team that tracked down Abu Mus’ab namo should remain open. September 12, 2001, and the end of 2007, al-Zarqawi, the leader of al-Qaida in Make no mistake, if these amend- 145 terrorists were convicted in Amer- Iraq, said: ments become law, the President’s ican courts. How many American peo- I listened time and time again to foreign ability to take the step that military ple know that, that 145 were convicted fighters, and Sunni Iraqis, state that the and foreign policy officials—Repub- in American courts. number one reason they had decided to pick licans and Democrats and Independents Likewise, U.S. prisons are already arms and join al-Qaida was the abuses at alike—have all said is needed will be holding some of the world’s most dan- Abu Ghraib and the authorized torture and very difficult. It will be difficult for abuse at Guantanamo Bay. gerous terrorists in the United States. the President to take the steps nec- Ramzi Yousef, the mastermind of the Let me repeat that. Matthew Alex- essary to close Guantanamo Bay. Al- 1993 World Trade Center bombing, is in ander, a retired Air Force major who Qaida and those who wish to cause us jail in the United States. led the interrogation team who tracked harm will continue to have a major re- Zacarias Moussaoui, the 9/11 cocon- down the leader of al-Qaida in Iraq said cruiting tool at their disposal. spirator, is in jail in the United States; this. I would not say this is the intention Richard Reid, the ‘‘shoe bomber,’’ in I listened time and time again to foreign of the people offering those amend- jail in the United States. Several al- fighters, and Sunni Iraqis, state that the ments, but listen to what our intel- Qaida terrorists responsible for bomb- number one reason that they had picked up ligence officers have said and what our ing Embassies in Kenya and Tanzania arms and joined al-Qaida was the abuse at military officers have said, that the Abu Ghraib and the authorized torture and are in jail in the United States. abuse at Guantanamo Bay. biggest recruiting tool for those in Af- The men, women, and military offi- ghanistan and the Taliban and al-Qaida cials who run these facilities have a It cannot get much clearer than that. is a continued detention center at proven track record. I ask those who Colin Powell, Henry Kissinger, Mad- Guantanamo Bay. are saying that Khalid Shaikh Moham- eline Albright, James Baker, Warren So while it may not be the intention med and his partners will be our neigh- Christopher have all called for Guanta- of those people offering the amend- bors, I ask them: Can you point to any namo to be closed, as has Secretary of ments to have this as a recruiting tool prisoner who has escaped from a Fed- Defense Gates and Chairman of the for al-Qaida and the Taliban, those who eral maximum security facility? Point Joint Chiefs Admiral Mullen. have been in our intelligence service to one. Just point to one. As former Secretary of State Colin tell us that is, in fact, what is hap- Well, we have no greater duty than Powell said: pening. It is the biggest recruiting tool to protect the American people. That is Guantanamo has become a major, major for those who wish to do us harm. the oath we all take. National security problem . . . if it were up to me, I would While it may not be the intention of is our first job. In this regard, the close Guantanamo not tomorrow but this those offering the amendments, that is President is undertaking a process that afternoon. what is going to be the practical effect, will result in the closing of a national That was Colin Powell. if those amendments are adopted. stain on our character and a recruiting Indeed, even President Bush repeated One other thing. President Obama’s tool for those who wish to do us harm. time and time again his desire to shut decision to close Guantanamo Bay is He is taking a step our military and down Guantanamo, I am sure because already starting to pay some dividends. foreign policy officials make clear will of all the information that was given Countries such as Portugal and Ireland make us safer. The President should to him by his Joint Chiefs of Staff and have made offers to join Albania in ac- not be handcuffed and should not be by his intelligence services. So Presi- cepting detainees who cannot be re- prevented from improving our national dent Obama should be applauded for turned to their home countries. security, as the other side in those taking a step that military and foreign Just last week, France accepted amendments wish to do. policy officials insist will directly and Lakhdar Boumediene, an Algerian sus- Finally, we must never forget that immediately improve our national se- pected in a bomb plot against the Em- people around the world know we are curity. bassy of the United States in Sarajevo. right and the terrorists are wrong. Of The President has set up a special The assistance of our allies is critical. the 5 or 6 billion people who live in the task force to review the status of the Yet to obtain that assistance will only world, only a handful think the terror- detainees remaining at Guantanamo be more difficult if we, ourselves, are ists are right. All the rest are on our and to make recommendations on what unwilling to do what we ask our allies side. They know we are right and the to do with these individuals. The ad- to do; that is, to accept detainees on terrorists are wrong. ministration faces some difficult deci- our own soil in secure detention facili- If we wish to defeat the terrorists, sions it inherited from the previous ad- ties. therefore, we should remain faithful to ministration. We say: Oh, no, we cannot take them our ideals and our values. We will not Guantanamo was conceived—Guanta- here but, France, you can take them win this war with secret prisons, with namo as a detention center, I should and, Ireland, you can take them, and torture chambers, with degrading say, was conceived outside the law. Portugal. They will say what kind of treatment, with individuals denied And bringing detainees back into our fairness is there in that? basic human rights.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5669 Rather, we will win this by upholding (3) APPROPRIATE COMMITTEES OF CONGRESS for Afghanistan and Pakistan and the our values and insisting on legal safe- DEFINED.—In this subsection, the term ‘‘ap- benchmarks that will be used to quan- guards that are the very basis of our propriate committees of Congress’’ means— tify progress toward achieving those system of Government and democracy. (A) the Committees on Armed Services, objectives. Appropriations, Foreign Relations, Home- It is time to close Guantanamo Bay. land Security and Governmental Affairs, and Again, this is not tying their hands. There is no reason to keep it open and the Judiciary and the Select Committee on There are no timetables that say cer- every reason, for our national security, Intelligence of the Senate; and tain things have to happen by a certain to shut its doors. (B) the Committees on Armed Services, time. This is, in essence, asking the ad- I yield the floor. Appropriations, Foreign Affairs, Homeland ministration to lay out to us so we all The PRESIDING OFFICER. The Sen- Security, and the Judiciary and the Perma- know and can articulate those and, ator from Tennessee. nent Select Committee on Intelligence of the hopefully, even our men and women in AMENDMENT NO. 1173 House of Representatives. the field can articulate these, to lay Mr. CORKER. Madam President, I Mr. CORKER. Madam President, I those out in a way by which we can un- ask unanimous consent that the pend- ask unanimous consent that Senators derstand the benchmarks. ing amendment be set aside and that LUGAR, ISAKSON, COLLINS, and BENNETT Then, secondly, it asks that they we call up amendment No. 1173. be added as cosponsors to this amend- come before us and actually give us The PRESIDING OFFICER. Without ment. quarterly updates, after a period of objection, it is so ordered. The PRESIDING OFFICER. Without time, toward those objectives and how The clerk will report the amendment. objection, it is so ordered. The bill clerk read as follows: they are actually progressing. I would Mr. CORKER. Madam President, I am hope that actually, at some point, the The Senator from Tennessee [Mr. CORKER], pleased to offer this amendment with for himself, Mr. GRAHAM, and Mr. managers of the bill might be able to my colleagues, Senator GRAHAM of even accept this by unanimous consent LIEBERMAN, proposes an amendment num- South Carolina and Senator bered 1173. because I cannot imagine why anybody LIEBERMAN. This amendment would ba- in this body would want to vote the bil- Mr. CORKER. Madam President, I sically do two things. ask unanimous consent that the read- lions and billions of dollars toward Today, we have before us a supple- these efforts that we rightfully are sup- ing of the amendment be dispensed mental appropriations bill. A large with. porting today—do not get me wrong, amount of the money in this bill is for The PRESIDING OFFICER. Without but I cannot imagine not wanting the our military operations and other oper- objection, it is so ordered. administration to come back to us The amendment is as follows: ations in Afghanistan and Pakistan. with these benchmarks and these ob- (Purpose: To provide for the development of This amendment is being offered with- jectives so we all can measure our objectives for the United States with re- out criticism. But, in fact, what we progress there. spect to Afghanistan and Pakistan) have today is a major shift in our poli- We have been there 8 years. Our men On page 97, between lines 11 and 12, insert cies in Afghanistan and Pakistan. I and women in uniform have given and the following: doubt that there is a person in this given and given; many have lost their AFGHANISTAN AND PAKISTAN POLICY body who can clearly articulate what lives, many have lost limbs. It would SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN our mission is in these two countries, seem to me that everyone in this body, AND PAKISTAN.—Not later than 30 days after to the standpoint of actually laying regardless of which side of the aisle the date of the enactment of this Act, the out objectives. they are on, would want to clearly un- President, based on information gathered I think many Senators were part of a and coordinated by the National Security derstand what our mission is there and luncheon we had 2 weeks ago where, our way of evaluating that. Council, shall develop and submit to the ap- when the President of Afghanistan was propriate committees of Congress the fol- I yield the floor. asked what our mission was in Afghan- lowing: The PRESIDING OFFICER. The Sen- istan, he could not articulate in any (1) A clear statement of the objectives of ator from Mississippi. way that was comprehendible what our United States policy with respect to Afghan- Mr. COCHRAN. Madam President, I istan and Pakistan. mission was in that country. suggest the absence of a quorum. (2) Metrics to be utilized to assess progress I do not offer those comments again The PRESIDING OFFICER. The toward achieving the objectives developed in criticism. I realize there are a lot of clerk will call the roll. under paragraph (1). changes underway. I realize there is (b) REPORTS.— The bill clerk proceeded to call the going to be a new general on the (1) IN GENERAL.—Not later than March 30, roll. 2010 and every 90 days thereafter, the Presi- ground; possibly it will take until Au- gust for that confirmation to take Mr. LIEBERMAN. Madam President, dent, on the basis of information gathered I ask unanimous consent that the order and coordinated by the National Security place. Council and in consultation with Coalition I realize this administration is work- for the quorum call be rescinded. partners as appropriate, shall submit to the ing with many agencies in trying to de- The PRESIDING OFFICER. Without appropriate committees of Congress a report velop a plan that will be effective in objection, it is so ordered. setting forth the following: this country. If one were to listen to Mr. LIEBERMAN. Madam President, (A) A description and assessment of the the state of the mission, one would I ask unanimous consent that the progress of United States Government ef- pending amendment be set aside. forts, including those of the Department of think our mission is very similar in Af- ghanistan to that of Iraq, minus actu- The PRESIDING OFFICER. Without Defense, the Department of State, the objection, it is so ordered. United States Agency for International De- ally having a democratically func- velopment, and the Department of Justice, tioning government. AMENDMENT NO. 1156 in achieving the objectives for Afghanistan I know all of us have had some con- Mr. LIEBERMAN. Madam President, and Pakistan developed under subsection cerns about some of the issues within I call up amendment No. 1156. (a)(1). Government in both countries and The PRESIDING OFFICER. The (B) Any modification of the metrics devel- where Government funding actually clerk will report. oped under subsection (a)(2) in light of circumstances in Afghanistan or Pakistan, to- ends up. So this is an amendment, a bi- The assistant legislative clerk read gether with a justification for such modifica- partisan amendment, that is being put as follows: tion. forth asking the administration to do The Senator from Connecticut [Mr. (C) Recommendations for the additional two things: Asking that we, in essence, LIEBERMAN], for himself, Mr. GRAHAM, Mr. resources or authorities, if any, required to all understand this policy so that, in BEGICH, Mr. THUNE, and Mr. BURRIS, proposes achieve such objectives for Afghanistan and fact, we have a policy that is equal to an amendment numbered 1156. Pakistan. the tremendous sacrifice our men and Mr. LIEBERMAN. Madam President, (2) FORM.—Each report under this sub- women in uniform are putting forth on I ask unanimous consent that reading section may be submitted in classified or unclassified form. Any report submitted in our behalf and do so daily. of the amendment be dispensed with. classified form shall include an unclassified First of all, the amendment would re- The PRESIDING OFFICER. Without annex or summary of the matters contained quire the President to submit to Con- objection, it is so ordered. in the report. gress a clear statement of objectives The amendment is as follows:

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5670 CONGRESSIONAL RECORD — SENATE May 20, 2009 (Purpose: To increase the authorized end schedule that had been originally an- presence in Afghanistan, as we slowly strength for active duty personnel of the ticipated, fortunately, because every decrease in Iraq, Army deployments Army) man and woman who joined the Army will actually increase for the rest of At the end of title III, add the following: is necessary and has been critically this year. SEC. 315. (a) INCREASE IN FISCAL YEAR 2009 necessary. So now we actually have This is what General Casey, the AUTHORIZED END STRENGTH FOR ARMY ACTIVE DUTY PERSONNEL.—Paragraph (1) of section 549,000 active-duty soldiers. Army Chief of Staff, said to the Armed 401 of the Duncan Hunter National Defense Recall that I said the statutory end Services Committee the other day: It is Authorization Act for Fiscal Year 2009 (Pub- strength of the Army is 547,400. So the a simple question of supply and de- lic Law 110–417; 122 Stat. 4428) is amended to Army now is literally at a strength mand. If the supply of the Army stays read as follows: greater than its current authorization. only constant or even goes down, and ‘‘(1) The Army, 547,400.’’. This achievement expresses the patri- yet the demand—which is the increas- (b) INCREASE IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVEL FOR ARMY otic commitment of the American men ing deployments for at least the re- PERSONNEL.—Paragraph (1) of section 691 of and women who have answered the call mainder of this year, and probably well title 10, United States Code, is amended to of duty. In other words, recruitments into next year—goes up, the dwell read as follows: and reenlistments have been so high time—the time these soldiers of ours, ‘‘(1) For the Army, 547,400.’’. that there are more people in the Army heroes of ours, have to spend away (c) FUNDING.— than the statutory end strength. from the war zone back at base—will (1) MILITARY PERSONNEL, ARMY.—The But there is still not enough. I will amount appropriated by this title under the not rise from the unacceptable level it heading ‘‘MILITARY PERSONNEL, ARMY’’ is explain why. is at now. hereby increased by $200,000,000, with the Growing the force was clearly nec- Our military leadership has made amount of such increase to be available for essary to support our troops in the clear in public statements that things purposes of costs of personnel in connection Army, our soldiers who are bearing the are going to get worse before they get with personnel of the Army on active duty in major responsibility for the wars we better. excess of 547,400 personnel of the Army. have been fighting in Iraq and Afghani- Army Chief of Staff Casey recently (2) OPERATION AND MAINTENANCE, ARMY.— stan. But these increased numbers sim- warned that the number of deployed The amount appropriated by this title under ply have not proved sufficient to re- soldiers will actually, as I said, rise the heading ‘‘OPERATION AND MAINTENANCE, lieve the continued strain on our sol- through the rest of the year. Admiral ARMY’’ is hereby increased by $200,000,000, with the amount of such increase to be avail- diers. That is what this amendment in- Mullen, Chairman of the Joint Chiefs able for purposes of costs of operation and tends to do during the remainder of of Staff, told the Senate Armed Serv- maintenance in connection with personnel of this fiscal year, covered by this supple- ices Committee last week that the the Army on active duty in excess of 547,400 mental appropriations bill. Army faces a ‘‘very rough time’’ over personnel of the Army. I want to talk about dwell time. It is at least the next 2 years before it (3) LIMITATION ON AVAILABILITY.—Amounts a term the military uses. What is reaches what Admiral Mullen called appropriated by paragraphs (1) and (2) shall ‘‘dwell time’’? It is down time but not the ‘‘light at the end of the tunnel.’’ be available only for the purposes specified R&R time. It is time that is spent back Keep in mind, these predictions do in such paragraph. not reflect or absorb the possibility of (4) EMERGENCY REQUIREMENT.—For pur- here at home in the bases, with the poses of Senate enforcement, the amounts families, not just recovering from the a new crisis or new crises elsewhere in appropriated by paragraphs (1) and (2) are last deployment, but also, obviously, the world outside of Iraq and Afghani- designated as an emergency requirement and preparing and training and upgrading stan—what such a crisis would place in necessary to meet emergency needs pursuant for the next. And perhaps most signifi- the way of additional demands on our to section 403 of S. Con. Res. 13 (111th Con- cantly to the men and women of the soldiers—a possibility that recent ex- gress), the concurrent resolution on the Army, it is precious time for our sol- perience warns us to at least keep in budget for fiscal year 2010. diers to spend with their families. mind as a possibility. Mr. LIEBERMAN. Madam President, Today, dwell time of members of the So we are in a situation now where I am very pleased to rise now to offer U.S. Army is about slightly more than we have a constant level of soldiers on this amendment on behalf of a bipar- 1 to 1. That means for every year of de- Active Duty, demand in the short term tisan group: Senators THUNE, BEGICH, ployment, they are back home at the going up, and, therefore, dwell time— GRAHAM, and BURRIS, all of us members base, training, preparing, spending time away from the battlefield—not of the Armed Services Committee. time with their family, for a year—1 to rising. This equation leads to strain I take the floor today to speak on 1. and stress on our soldiers. Unfortu- their behalf and mine for a constitu- General Casey said—and everybody nately, there are facts that show this ency that every Member of the Senate in our military says—that is simply in- strain and stress. The Army is on track represents; and that is, the men and adequate; too much duty, too quickly, this year to overtake the grim record women who serve in the U.S. Army. of suicides of our Active-Duty Army On September 11, 2001, the Army’s ac- too much stress on our men and women tive-duty strength was just 480,000, in the U.S. Army, in the military. personnel that we saw last year, in after a decade in which we in Congress General Casey said he has the goal to 2008. The murder a week or two ago of cut it nearly in half after the Cold War get the ratio to 1 to 2—2 years at home five soldiers by a fellow soldier in ended. for every 1 year out at war—and to do Baghdad was a devastating example, I In the wake of the terrorist attacks so by 2011. In fact, he would like to fear, of the stress on our deployed of September 11, many Members of take it higher than the 1 to 2—beyond force. We hear increasingly stories of Congress urged a major expansion of that—hoping that our conflicts we are the stress on the families back home. the military and the Army for the in in Iraq and Afghanistan do not re- Any of us who have visited military years of war that were clearly ahead. quire that many American military by bases, spoken to the families, hear this But, unfortunately, that did not hap- that time. constantly as a growing appeal to do pen. We watched with growing concern Incidentally, the dwell-time ratio is something to increase the dwell time. as our soldiers—members of a force too particularly dire for a category in our The fact is, we are not, and that really small for the missions we had assigned Army called ‘‘enablers.’’ They are in- does hurt. to them—served through repeated de- volved as Army aviators, engineers, I think we can say—as was said the ployments, heroically, but under in- people involved in intelligence, surveil- other day at an Armed Services Com- creasing stress. lance, and reconnaissance work. They mittee hearing by witnesses before us Finally, 3 years ago, the administra- really are under dwell-time pressure. from the Defense Department who were tion and Congress increased the size of As the Presiding Officer knows, the talking about all we are doing to im- the active-duty component of the U.S. Obama administration is implementing prove the quality of life of our men and Army from 480,000—the level on 9/11—to what I consider to be a very responsible women in uniform, including housing 547,400. That was to be realized over a strategy, and a correct strategy, for for their families, health care, period of years. drawing down our force in Iraq. But if childcare, et cetera, et cetera—bene- In February of this year, the Army you combine the Iraq and Afghanistan fits—all true. So we are improving the reached that goal well ahead of the wars, and the planned increase in Army benefits to our men and women in the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5671 U.S. Army, but so long as there are not amendment would say it can grow be- upon our most junior soldiers, such as enough of them, which there are not yond the 547,400 within the limit of the the Army’s privates and specialists today, the major factor of stress, which waiver that the Army has, and it pro- who face the most difficult dwell time is how often, how many times are they vides the money to do that, which is an ratios in the force and keep going back going to be sent back to Iraq and Af- additional $400 million for the remain- and forth. ghanistan, or how frequently, will not der of this fiscal year—frankly, a small If we commit to growing the force change. That is what this amendment price. It is a significant amount of now, these are the types of troops we aims to do something about. money, but when we think about the can recruit, train, and deploy in this I wish to make clear what is obvious impact it will have on the lives of just time of greatest need, and we can re- to everyone: that our Army is not bro- about every man and woman wearing tain them. In short, if provided the ad- ken. This is the greatest—this is the the proud uniform of the U.S. Army, it ditional personnel, the U.S. Army can next greatest generation of the Amer- is more than worth it. definitely use them and use them well. ican military, performing with unbe- I wish to explain, while I have a mo- In terms of the second question, of lievable skill, heroism, resilience, agil- ment and while I see no one else on the course, I am concerned about the long- ity, and personal compassion in Iraq Senate floor, that the amendment lit- term costs of increasing the size of the and Afghanistan. Our Army is not bro- erally will increase the minimum end force. The price of military personnel ken, but it is, as General Casey said strength for the Active-Duty Army has risen over the past decade because the other day, out of balance. Sec- from the statutory level it is at now up we better recognize the service of our retary of the Army Geren said—sum- to 547,400. When that point is reached, soldiers, and we are taking better care marizing this part of his testimony be- it gives the Secretary of the Army a 2- of them. Nonetheless, I don’t see how fore the Armed Services Committee— percent waiver, and that means that we can explain to our soldiers and their the U.S. Army is ‘‘busy, stretched, and working with the Secretary of Defense, families that we in Congress decided stressed.’’ And he is right. We have to the Secretary of the Army could actu- that we could not afford reinforce- give those heroes in uniform some help, ally raise the Army as high as 558,000 ments at a time when the force is so and the best help we can give them is by the end of the fiscal year. I don’t ex- stressed under the strain of war and more people in uniform fighting along- pect that to be possible in the next few still performing so brilliantly. side them. months, but it gives that latitude and The Army is not broken, I wish to Here is a strange twist. In the face of the money to back it up. stress. It is out of balance, and it needs the current crisis in manpower, the ad- The second part of the amendment our support to come into balance. This ministration has been forced to effec- provides additional funds to help the amendment would provide the funds to tively direct the Army to not only stop Army cover the immediate personnel give the Secretary of the Army and the growing but to actually shrink by the shortfall it faces because of the toll the Secretary of Defense the option—not end of the year as deployments over- ongoing conflicts are taking on the mandatory—to raise the number of Ac- seas increase, dropping back from over force. tive-Duty military personnel, from now 549,000 soldiers to the statutory limit If I may add just this final argument until the end of this fiscal year, to a of 547,400. In other words, this supple- of reality. The Vice Chief of Staff, level above—slightly above—the 547,400 mental appropriations bill closes a gap Peter Chiarelli, told the Senate Armed now statutorily authorized. that existed in the Army’s ability to Services Subcommittee on Readiness I hope our colleagues on both sides of pay for the 547,400 they are entitled to, last month that the Army has about the aisle will join us in giving this but they are still over by 1,600 soldiers. 30,000 soldiers among that current amendment unanimous support. I hon- Therefore, there is a guidance out that 549,000 who are, for one reason or an- estly think it is just about the best directs the Army to take drastic meas- other—three reasons, actually—not thing we can do for the heroes of the ures to cut back; in fact, reducing their available to meet the requirements of U.S. Army who serve us every day to recruiting goals this year by 13,000 sol- the Army, not able to be directly in- protect our security and our freedom. diers, which the Army knows it can volved. I thank the Chair. I suggest the ab- meet, and cutting its retention goal by For example, nearly 10,000 soldiers sence of a quorum. 10,000 troops, which the Army also now either serve as Wounded Warriors The PRESIDING OFFICER. The knows it can meet. So here we have or support their recovery, while thou- clerk will call the roll. this ironic—really worse than that— sands more are not deployable because The assistant legislative clerk pro- moment where we need more troops of injuries they have suffered, often not ceeded to call the roll. and more soldiers and the Army is in conflict, but that are, nonetheless, Mr. GRAHAM. Madam President, I going to be forced to cut back. though less severe, disabling enough ask unanimous consent that the order I must tell my colleagues that I that they can’t be deployed. So the for the quorum call be rescinded. think it is going to be hard to shrink truth is, there already is a 30,000-gap The PRESIDING OFFICER. Without the Army in this way by the end of this beneath the 549,000 that is on the books objection, it is so ordered. year because so many of our troops are as actively deployed. Mr. GRAHAM. Madam President, I reenlisting, which is quite remark- The best way to honor the sacrifice call up the Lieberman-Graham amend- able—so committed to the cause, proud and service of these soldiers will be to ment No. 1157. of their service, want to keep fighting ensure that their brothers and sisters The PRESIDING OFFICER. Is there for the United States alongside the in arms go to battle with reinforce- objection? others in their unit. Obviously, some ments who can take their place; to Mr. LIEBERMAN. Objection. are affected by the economy and the in- guarantee that the Army can build The PRESIDING OFFICER. Objec- stability and difficulty in finding job those enabler units I talked about that tion is heard. opportunities in the economy. the service needs most now on the Mr. GRAHAM. Madam President, I So I think it would be a terrible mis- front lines in Afghanistan and Iraq— will talk about the amendment, if I take to order the Army to cut its ranks and both battlefields are now beginning may. at this time, which would mean less to compete for those uniquely trained The PRESIDING OFFICER. The Sen- dwell time for our soldiers. That is why enablers; and to provide the Army lead- ator is recognized for that purpose. Senators GRAHAM, BEGICH, THUNE, ership with the flexibility it needs to Mr. GRAHAM. Madam President, I BURRIS, and I introduced this bipar- have the manpower for the theater wished to thank Senator LIEBERMAN tisan amendment which would enable while giving our troops more time at for his leadership on this issue. We the Army to maintain its current home. have been working together on what I strength and continue to grow for the I wish to go to two final questions. think is a very big deal for the Amer- remainder of this fiscal year as the Would growing the force today relieve ican people in the overall war effort. As Secretary of Defense determines. No the strain on the force when it matters many of you know, particularly our compulsion here. most? And is this a proposal we can af- colleagues and the public at large, we Current law forces the Army to get ford? In terms of the first, we know the have had a discussion in this Nation smaller before the end of the year. This greatest demand in the theater falls about whether we should release more

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5672 CONGRESSIONAL RECORD — SENATE May 20, 2009 photos showing detainee abuse in the ahead of any political calculation. For lease of photographs that depict the past. that, I very much appreciate his lead- treatment of detainees in U.S. custody. The President of the United States ership and his friendship. I wish to rec- Those photographs are the subject of a has decided to stand for the proposition ognize what he did. Freedom of Information Act lawsuit that releasing these photos would jeop- The PRESIDING OFFICER. The Sen- filed by the American Civil Liberties ardize the safety of our men and ator from Connecticut is recognized. Union. women serving overseas and Americans Mr. LIEBERMAN. Madam President, Last fall, the Second Circuit court of abroad, as well as civilians serving in I thank my friend from South Carolina appeals ordered the release of those the war zones. He has indicated the for his kind words, first, but also for photographs. Instead of appealing that photos don’t add anything to the past working together on this in a bipar- decision to the Supreme Court, govern- debate about detainee abuse. They are tisan way. Senator GRAHAM serves in ment lawyers agreed to release the im- more of the same. No new person is im- the Senate, but he also serves in the ages as well as others that were part of plicated. These photos, again, were U.S. Air Force. When we travel with internal Department of Defense inves- taken by our own folks, detailing him, he usually remains behind to do tigations. abuse, and a lot of that has been dealt some time and be of service in the bat- I strongly believe that the Presi- with already and prosecuted. tle zones. That is the kind of person he dent’s decision to fight the release of The President, I think rightfully, has is. He is an extremely skilled lawyer. the photographs was the right one. determined, after consulting with his We approached this trying to do what Today, Senator GRAHAM and I intro- combat commanders, that if we release was right from a legal point of view but duced this amendment to H.R. 2346, the these photos, it would not help us un- also understanding what the President, supplemental appropriations bill for derstand any more about detainee to his great credit, understood and ex- Iraq and Afghanistan, that will codify problems in the past than we already pressed in the decision he has made on the President’s decision and establish a know. But it would be a tremendous these photos. These are old photos. procedure to prevent the detainee benefit to the enemy. The enemy used They portray, I fear, behavior that is photos from being released. these photos in the past to generate re- unacceptable and, in fact, has been Before the President decided to fight sentment against our troops. It has made illegal by the Detainee Treat- the Second Circuit decision, Senator been a propaganda tool. The President ment Act and the Military Commis- GRAHAM and I sent a letter to the is rightfully concerned that to release sions Act, which Senator GRAHAM President making the case that the re- more photos would add nothing to the played the leading part in drafting. lease of the photographs serves no pub- overall knowledge base we have regard- This behavior portrayed in the pictures lic good. ing detainee abuse, and it is simply already has also been made illegal by The behavior depicted in those photo- going to put American lives in jeop- Executive order of President Obama. graphs has been prohibited by Congress ardy. I applaud the President, who So what purpose is served by putting in the Detainee Treatment Act and the stood for our troops and men and these pictures out now? What good pur- Military Commissions Act as well as by women and the civil servants overseas. pose? None. It is a kind of voyeurism, Executive orders issued by President There are a lot of mysteries in this frankly, to see the pictures just for the Obama. Meanwhile, the Department of world, but there is no mystery on what sake of seeing the pictures. Maybe in a Defense has investigated the allega- would happen if we release those normal time that would be OK; it prob- tions of detainee abuse for the purpose photos. I can tell you, beyond a shadow ably would be. Disclosure and trans- of holding those responsible account- of a doubt, that if these photos get into parency are values our country, our able. the public domain, they will inflame Government, holds high. But there is We also know that the release of the populations where our troops are serv- something different now, and this is photographs will make our service men ing overseas and increase violence what President Obama recognizes. We and women deployed overseas less safe. against our troops. are at war. When you are at war, you There is compelling evidence that the What we have done—Senator have to ask the question the President images depicting detainee abuse at Abu LIEBERMAN and myself—is we came up asked General Petraeus, General Ghraib was a great spur to the insur- with an amendment that addresses the Odierno, and others: Will the public re- gency in Iraq and made it harder for lawsuit before our judicial system lease of these pictures endanger Amer- our troops to succeed in their mission about the photos. This amendment ica, American military personnel, and there. says any detainee photos that are cer- American Government personnel serv- Now we learned valuable lessons from tified by the Secretary of Defense, in ing overseas? those pictures. And as I said, Congress consultation with others, that would The answer came back loud and and this President have taken steps to result in harm to our men and women clear: Yes, it will. So the President, prevent that abuse from ever hap- serving overseas, jeopardize the war ef- with strength and decisiveness, stepped pening again. fort, and put our troops in harm’s way, onto what I am sure he knew was po- But the same is not true about these with Presidential approval, those litically controversial ground. He did pictures. These pictures depict past photos cannot be released for a 5-year what he thought was right for the abuses that have already been ad- period of time. To me, that is a reason- country as Commander in Chief. As dressed and we know that the release able compromise. It doesn’t change Senator GRAHAM said, we applaud him will only empower the propaganda op- FOIA, in its basic construct, but it pro- greatly for that. We are at war, and erations of al-Qaida and other Islamist vides congressional support to the you don’t do the things when you are terrorist organizations. President’s decision that we should not at war that you might do at other Even before 9/11, terrorist groups like release these photos. times. al-Qaida recognized the immense value Senator LIEBERMAN and myself have This proposal basically codifies into of using propaganda to recruit and been to the theater of operations many law the process President Obama sug- radicalize followers around the world. times. We have met with al-Qaida gested in reaching the decision he Since 9/11, the al-Qaida propaganda op- operatives who have switched sides, ba- made to fight the release of these pic- eration has only gotten more sophisti- sically, and they have told us firsthand tures. cated. Should pictures like these be re- how at prison camps in Iraq, the Abu Last week, the President made ex- leased, we know that they will be cir- Ghraib photos were used in the past to actly the right decision as Commander culated immediately on al-Qaida con- recruit new members to al-Qaida and in Chief that will protect our troops in nected Web sites and many other Web generate resentment against our Iraq, Afghanistan and elsewhere and sites that readily post images just like troops. make it easier for them to carry out this. I applaud the President. This legisla- the missions that we have asked them And to be clear, it is not al-Qaida tion will help the administration in to do. leadership we are worried about—they court. I thank Senator LIEBERMAN, After consulting with General are committed to destroying America who, above all else, puts his country Petraeus, General Odierno and others, regardless of what happens with these and the security of our men and women the President decided to fight the re- photos. Rather it is the thousands of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5673 young men—and some women—around ple in the United States will be drawn ment at this time. Therefore, I ask the world who may not otherwise be in- to those Web sites and perhaps re- unanimous consent to set aside the clined to sympathize with or support cruited through these pictures into a pending amendment and call up al-Qaida but may change their minds life of terrorism, where the essential amendment No. 1157 on behalf of Sen- after seeing these photos. Those re- target will be America and Americans. ator LIEBERMAN, myself, and Senator cruits are the ones that keep al-Qaida There is no reason to let that happen, MCCAIN. and other Islamist terrorist groups vi- and this amendment will make sure, in The PRESIDING OFFICER. Is there brant and capable of planning and exe- an orderly and fair way, that it doesn’t objection? Without objection, it is so cuting attacks against us. happen while we are at war. ordered. By introducing this legislation Again, I thank my friend from South The clerk will report. today, we do not condone the behavior Carolina. I gather we are waiting for The assistant legislative clerk read depicted in the photographs. We expect word on whether we can introduce the as follows: that those responsible for the mistreat- amendment soon. The Senator from South Carolina [Mr. ment of detainees will be held account- The PRESIDING OFFICER. The Sen- GRAHAM], for himself, Mr. LIEBERMAN, and able. And that is exactly what the De- ator from South Carolina is recognized. Mr. MCCAIN, proposes an amendment num- partment of Defense has done with the Mr. GRAHAM. Madam President, bered 1157. internal investigations it has con- here is a closing thought. The Presi- Mr. GRAHAM. Madam President, I ducted. dent understands very well, and I know ask unanimous consent that reading of This bill—the Detainee Photographic Senator LIEBERMAN does, and I think the amendment be dispensed with. Records Protection Act—would estab- we all understand we have some dam- The PRESIDING OFFICER. Without lish a procedure just like the one that age to repair. We have made mistakes objection, it is so ordered. led to the President’s decision not to in this war. Detainee operations are es- The amendment is as follows: release the photos. sential in every war. Part of war is to (Purpose: To provide that certain photo- This legislation would authorize the capture prisoners and how you dispose graphic records relating to the treatment of any individual engaged, captured, or de- Secretary of Defense, after consulta- of them can help or hurt the war effort. tained after September 11, 2001, by the tion with the Chairman of the Joint There have been times in the past Armed Forces of the United States in oper- Chiefs, to certify to the President that where detainee operations have hurt ations outside the United States shall not the disclosure of photographs like the the war effort. We need to start over. be subject to disclosure under section 552 ones at issue in the ACLU lawsuit That is why we need to look at a new of title 5, United States Code (commonly would endanger the lives of our citizens system to replace the one we have re- referred to as the Freedom of Information or members of the Armed Forces or ci- garding military commissions—but Act)) vilian employees of the U.S. Govern- keep it in the military setting—and a At the appropriate place, insert the fol- ment deployed abroad. way to start over with basic detainee lowing: The certification would last 5 years SEC. lll. DETAINEE PHOTOGRAPHIC RECORDS operations in a comprehensive manner. PROTECTION. and could be renewed by the Secretary But in repairing the damage of the (a) SHORT TITLE.—This section may be of Defense if the threat to American past, you have to make sure you are cited as the ‘‘Detainee Photographic Records personnel continues. Also, the lan- not creating future damage. If you re- Protection Act of 2009’’. guage in the bill is clear that it would lease these photos, you will not repair (b) DEFINITIONS.—In this section: apply to the current ACLU lawsuit damage from the past, and you will not (1) COVERED RECORD.—The term ‘‘covered that gave rise to the President’s deci- bring somebody to justice that is in record’’ means any record— sion last week. these photos whom we already don’t (A) that is a photograph relating to the Let me state clearly that we cannot treatment of individuals engaged, captured, know about. There will not be a new or detained after September 11, 2001, by the become complacent about the stark re- person named. It is more of the same. Armed Forces of the United States in oper- ality that we are still at war with en- So it doesn’t contribute to repairing ations outside of the United States; and emies who continue to seek to attack the damage of the past, but it sure does (B) for which a certification by the Sec- America and kill Americans. In the create damage for the future. retary of Defense under subsection (c) is in heated partisan environment in Wash- The one fact I am very aware of is effect. ington, we are unfortunately some- that the young men and women serving (2) PHOTOGRAPH.—The term ‘‘photograph’’ times more engaged in finger pointing overseas today—soldiers, military encompasses all photographic images, and recriminations than being focused whether originals or copies, including still members, and civilians—have done photographs, negatives, digital images, on defeating the vicious determined nothing wrong. They should not pay a films, video tapes, and motion pictures. enemy we face. price for the people who did something (c) CERTIFICATION.— I applaud President Obama for the wrong in the past whom we already (1) IN GENERAL.—For any photograph de- actions he has taken in the past week know about. scribed under subsection (b)(1)(A), the Sec- on the photos and the military com- If you release these photos, Ameri- retary of Defense shall submit a certifi- missions and I believe that this legisla- cans are going to get killed for no good cation, in classified form to the extent ap- tion will provide him with an impor- reason. That is why we need to pass propriate, to the President, if the Secretary of Defense, in consultation with the Chair- tant tool to assist him in leading the this amendment—to help the President man of the Joint Chiefs of Staff, determines war on terror. defeat this lawsuit that would lead to that the disclosure of that photograph would Bottom line: I hope, again, this can violence against Americans who are endanger— be a bipartisan amendment, which it is, doing their job and have done nothing (A) citizens of the United States; or but I hope it will be supported by Mem- wrong. They should not be punished for (B) members of the Armed Forces or em- bers across the aisles. When we do that, something somebody has done in the ployees of the United States Government de- we are all going to be saying we know past, which has already been addressed. ployed outside the United States. we are at war and that we have no I suggest the absence of a quorum. (2) CERTIFICATION EXPIRATION.—A certifi- higher responsibility than to protect The PRESIDING OFFICER. The cation submitted under paragraph (1) and a renewal of a certification submitted under the security of our country and our clerk will call the roll. paragraph (2) shall expire 5 years after the military personnel, which would be en- The assistant legislative clerk pro- date on which the certification or renewal, dangered if these pictures go out. ceeded to call the roll. as the case may be, is submitted to the For a quick moment, I speak as Mr. GRAHAM. Madam President, I President. chairman of the Homeland Security ask unanimous consent that the order (3) CERTIFICATION RENEWAL.—The Sec- Committee, which I am privileged to for the quorum call be rescinded. retary of Defense may submit to the Presi- lead. These pictures will be a recruit- The PRESIDING OFFICER. Without dent— ing device for al-Qaida and the rest of objection, it is so ordered. (A) a renewal of a certification in accordance with paragraph (1) at any time; and AMENDMENT NO. 1157 the terrorist ilk. These pictures will go (B) more than 1 renewal of a certification. up instantaneously on jihadist ter- Mr. GRAHAM. Madam President, it (d) NONDISCLOSURE OF DETAINEE rorist recruiting Web sites. Not just is my understanding that there is an RECORDS.—A covered record shall not be sub- people elsewhere in the world but peo- agreement we can bring up the amend- ject to—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5674 CONGRESSIONAL RECORD — SENATE May 20, 2009 (1) disclosure under section 552 of title 5, (C) financing or brokering such an activ- porting gasoline to the Islamic Repub- United States Code (commonly referred to as ity; or lic of Iran. the Freedom of Information Act); or (3) sold, leased, or otherwise provided to Despite protests from the Congress, (2) disclosure under any proceeding under the Islamic Republic of Iran any goods, serv- the Department of Energy actually that section. ices, or technology valued at $1,000,000 or completed those sales and the transfers (e) EFFECTIVE DATE.—This section shall more that could contribute to the mainte- take effect on the date of enactment of this nance or expansion of the capacity of the Is- of money in April of 2009. So that is not Act and apply to any photograph created be- lamic Republic of Iran to produce refined pe- a contract we can affect. That is half a fore, on, or after that date that is a covered troleum products. billion dollars of U.S. taxpayer money record. Mr. KYL. Mr. President, let me brief- going to these two companies that do Mr. GRAHAM. Madam President, ly describe what this amendment does. business directly with Iran. We should Senator LIEBERMAN and I have already The administration, as well as Mem- stop doing that. What this amendment explained the need for this amendment. bers of Congress, have all been recently says is that we are going to stop doing It will help the President win a lawsuit saying some important things about that with money that would be ordi- that is moving through our legal sys- our ability to influence the actions of narily spent on companies such as tem regarding the release of photos of the country of Iran relative to their ac- Vitol and Shell Trading. past detainee abuse. As I said, that will quisition of a nuclear capability. Let The Department of Energy has out- not help us to learn more, and it will me quote a couple of these statements standing contracts to add 6.2 million only put American lives at risk, as the that I think make a lot of sense. barrels of crude oil to the Strategic Pe- commanders have told the President. Secretary Gates said: troleum Reserve with Shell Trading and a company called Glencore, which The Senate can avoid that by passing The regional and nuclear ambitions of Iran this targeted amendment. continue to pose enormous challenges to the also sells gasoline to Iran. Last month, I hope we can get a large vote for this U.S. Yet I believe there are nonmilitary the Senate unanimously approved an amendment. ways to blunt Iran’s power to threaten its amendment—it was amendment No. 980 I suggest the absence of a quorum. neighbors and sow instability throughout to S. Con. Res. 13—to the budget to pre- The PRESIDING OFFICER (Mr. BEN- the Middle East. vent Federal expenditures to compa- NET). The clerk will call the roll. The Secretary said that at an Armed nies doing business in the energy sec- The assistant legislative clerk pro- Services Committee hearing in Janu- tor of the Islamic Republic of Iran on ceeded to call the roll. ary of this year. the matter I spoke to before. So this Mr. KYL. Mr. President, I ask unani- In March of this year, after an impor- would be a complementary way for us mous consent that the order for the tant NATO meeting, Secretary Clinton to assure that Iran is not supported by quorum call be rescinded. said the following: these companies. This amendment The PRESIDING OFFICER. Without would make clear our opposition to the objection, it is so ordered. I know that there’s an ongoing debate about what the status of Iran’s nuclear weap- use of taxpayer funds to pay to these AMENDMENT NO. 1147 ons production capacity is, but I don’t think companies that sell refined petroleum Mr. KYL. Mr. President, I ask unani- there is a credible debate about their inten- products to Iran. We wouldn’t be able mous consent that the pending busi- tion. Our task is to dissuade them, deter to use American taxpayer dollars, for ness be laid aside so that I may offer them, prevent them from acquiring a nuclear example, to pay them to fill our Stra- weapon. amendment No. 1147. tegic Petroleum Reserve. There are The PRESIDING OFFICER. Without I think we would all agree with these plenty of other companies that can do objection, it is so ordered. The clerk two sentiments. One way to ‘‘dissuade’’ that. will report. Iran from pursuing this nuclear capa- So if we are serious about con- The bill clerk read as follows: bility, as Secretary Clinton put it, is to fronting the Islamic Republic of Iran, The Senator from Arizona [Mr. KYL], for focus on the vulnerabilities of Iran and we have to use all the economic and himself and Mr. LIEBERMAN, proposes an its leaders to cause them to change diplomatic tools at our disposal to amendment numbered 1147. their plans by putting significant pres- focus pressure on that country and its Mr. KYL. Mr. President, I ask unani- sure on Iran and its leadership. leadership to cause them to stop pur- mous consent that the reading of the Where might those pressure points suing their plans to become a nuclear amendment be dispensed with. be? One of them that President Obama power. I think most of us would agree The PRESIDING OFFICER. Without talked about in his campaign was the that companies doing business with objection, it is so ordered. fact that Iran imports about 40 percent Iran should have to make a choice: Do The amendment is as follows: of the refined gasoline and diesel that they do business, as I said, with our $13 (Purpose: To prohibit funds made available its citizens use. It does not have an in- trillion economy or do they do business for the Strategic Petroleum Reserve to be digenous capability. That represents a made available to any person that has en- with Iran’s $250 billion economy? This gaged in certain activities with respect to vulnerability since there are only a few amendment doesn’t get to that larger the Islamic Republic of Iran) companies, maybe five, that supply issue, but it does at least say that we At the end of title IV, add the following: that refined petroleum product to Iran. are not going to spend taxpayer money So one of the things we can do is to en- PROHIBITION ON USE OF FUNDS FOR THE STRA- with these five or so companies—some TEGIC PETROLEUM RESERVE FOR PERSONS sure that those companies have to de- of which we are currently doing busi- THAT HAVE ENGAGED IN CERTAIN ACTIVITIES cide whether they want to do business ness with—by buying their oil for our WITH RESPECT TO THE ISLAMIC REPUBLIC OF with Iran’s $250 billion economy or our Strategic Petroleum Reserve. IRAN $13 trillion economy. There is legisla- Mr. President, I am happy to answer SEC. 410. None of the funds made available tion pending that Senator BAYH, Sen- any questions or have debate about by this title or any other appropriations Act ator LIEBERMAN, and I have introduced this amendment. If my colleagues are for the Strategic Petroleum Reserve may be that would deal with that subject. willing to accept it without a vote, made available to any person that has, dur- But there is another way that we can that is fine with me too. I think the ing the 3-year period ending on the date of deal with it, and it is focused on this the enactment of this Act— important point is to get this propo- (1) sold refined petroleum products valued legislation in front of us. That is how sition established. I can’t imagine at $1,000,000 or more to the Islamic Republic we spend U.S. money and whether, in there is a great deal of controversy of Iran; fact, we pay money to these companies. about this here in the body, but if any- (2) engaged in an activity valued at It turns out that the answer is yes. one would like to debate me about it, I $1,000,000 or more that could contribute to For example, in January, the Depart- would be happy to do that at this time enhancing the ability of Iran to import re- ment of Energy announced its award of or when they are here. fined petroleum products, including— a contract to purchase 10.7 million bar- Mr. President, I suggest the absence (A) providing ships or shipping services to rels of crude oil for the Strategic Pe- deliver refined petroleum products to the Is- of a quorum. lamic Republic of Iran; troleum Reserve to two companies, The PRESIDING OFFICER. The (B) underwriting or otherwise providing in- Vitol and Shell Trading. The total cost clerk will call the roll. surance or reinsurance for such an activity; of these contracts is $552 million. These The bill clerk proceeded to call the or two firms play a critical role in im- roll.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5675 Mr. BROWN. Mr. President, I ask The World Bank estimates the global The ACTING PRESIDENT pro tem- unanimous consent the order for the economic crisis will push an additional pore. Is there objection to setting aside quorum call be rescinded. 46 million people into poverty this the pending amendment? The ACTING PRESIDENT pro tem- year. If the crisis persists, an addi- Without objection, it is so ordered. pore. Without objection, it is so or- tional 2.8 million children under 5 may The clerk will report. dered. die from preventable and treatable dis- The legislative clerk read as follows: AMENDMENT NO. 1161 eases between now and 2015. The Senator from Arizona [Mr. MCCAIN], Mr. BROWN. I ask unanimous con- As governments across the globe find for himself, Mr. LIEBERMAN, Mr. LUGAR, and sent to set aside the pending amend- themselves in dire straits, the IMF has Mr. BROWNBACK, proposes an amendment ments and call up amendment No. 1161. stepped in to provide badly needed numbered 1188. loans to countries in trouble but often The ACTING PRESIDENT pro tem- Mr. MCCAIN. Mr. President, I ask pore. Is there objection? at the expense of social spending pro- unanimous consent that the reading of Without objection, it is so ordered. grams. In the past, the IMF has loaned the amendment be waived. The clerk will report. money to nations, often with the re- The ACTING PRESIDENT pro tem- quirement that these countries balance The legislative clerk read as follows: pore. Without objection, it is so or- their budgets, cut spending and raise The Senator from Ohio [Mr. BROWN] pro- dered. poses an amendment numbered 1161. interest rates. Of course, there is noth- The amendment is as follows: Mr. BROWN. I ask unanimous con- ing wrong with balanced budgets, but sent the reading of the amendment be in an economic crisis such as the one (Purpose: To make available from funds ap- we currently face, how can the IMF ask propriated by title XI an additional dispensed with. $42,500,000 for asssistance for Georgia) The ACTING PRESIDENT pro tem- countries to cut spending on education, pore. Without objection, it is so or- on health care, on nutrition, in order At the end of title XI, add the following: SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- to undertake policies that might actu- dered. SISTANCE FOR GEORGIA.—The amount appro- The amendment is as follows: ally cause more harm than good? The priated by this title under the heading ‘‘Eu- (Purpose: To require the United States Exec- upshot of these policies is the world’s rope, Eurasia and Central Asia’’ is hereby in- utive Director of the International Mone- weakest and most vulnerable are the creased by $42,500,000, with the amount of the tary Fund to oppose loans and other pro- ones who suffer. The first items cut increase to be available for assistance for grams of the Fund that do not exempt cer- from budgets are social spending pro- Georgia. tain spending by the governments of heav- grams. In fact, the IMF has actually (b) SOURCE OF FUNDS.— ily indebted poor countries from certain required that countries cap spending (1) IN GENERAL.—The amount of the in- budget caps and restraints) on health care and education and nu- crease in subsection (a) shall be derived from On page 106, between lines 14 and 15, insert trition. amounts appropriated or otherwise made the following: available by this title, other than amounts SEC. 1303. (a) EXEMPTION OF CERTAIN GOV- If these conditions continue to be under the heading ‘‘Europe, Eurasia and Cen- ERNMENT SPENDING FROM INTERNATIONAL placed on countries receiving IMF tral Asia’’ and available for assistance for MONETARY FUND RESTRICTIONS.—The Sec- funds, our attempts to provide assist- Georgia. retary of the Treasury shall instruct the ance to those in need will be undercut, (2) ADMINISTRATION.—Not later than 30 United States Executive Director of the all in the name of fiscal responsibility. days after the date of the enactment of this International Monetary Fund to oppose any Let me be clear: The purpose of this Act, the Director of the Office of Manage- loan, project, agreement, memorandum, in- amendment is not to inhibit IMF lend- ment and Budget shall— strument, plan, or other program of the ing. I recognize the importance of the (A) administer the reduction required pur- Fund that does not exempt spending on IMF and I recognize the role it will suant to paragraph (1); and health care, education, food aid, and other (B) submit to the Committee on Appropria- critical safety net programs by the govern- play in stabilizing the global economy, tions of the Senate and the Committee of the ments of heavily indebted poor countries but it is especially for this reason we House of Representatives a report specifying from national budget caps or restraints, hir- must be able to hold it accountable. the account and the amount of each reducing or wage bill ceilings, or other limits on The administration’s inclusion of tion made pursuant to the reduction re- government spending sought by the Fund. IMF money in the supplemental appro- quired pursuant to paragraph (1). (b) CONFORMING REPEAL.—Section 7030 of priation is an opportunity for us to the Omnibus Appropriations Act, 2009 (Pub- Mr. MCCAIN. Mr. President, I rise to make a statement to the International offer an amendment that will restore lic Law 111–8; 123 Stat. 874) is amended by Monetary Fund, to make sure that the striking subsection (c) and redesignating assistance to the Republic of Georgia, subsection (d) as subsection (c). money we loan to the IMF is used for thereby fulfilling the commitment the programs that do not adversely affect Mr. BROWN. Mr. President, I begin United States has made to that coun- the most vulnerable in the world. We by thanking the senior Senator from try. must ensure the IMF doesn’t force Last year, following the Russian in- Mississippi for his good work and for countries to cut spending for health his cooperation on bringing this vasion of Georgia, and the widespread care or education or nutrition at the destruction that took place throughout amendment forward. I rise to offer expense of balanced budgets or shoring amendment No. 1161, which is intended the country, the United States pledged up central banks. $1 billion in aid to Georgia. The move to ensure that the International Mone- We must ensure that social spend- had wide bipartisan support. tary Fund fulfills its mission in a man- ing—education, health care, nutri- ner consistent with American values tion—is protected not only for humani- Thus far approximately three-quar- and American objectives. This amend- tarian and moral reasons but also for ters of the assistance has been deliv- ment would help ensure that the the long-term security and stability of ered to Tblisi. Now the administration human cost of this economic crisis is those countries. has requested that final step in ful- not exacerbated, is not made worse, by We must be able to hold the IMF ac- filling the U.S. pledge be incorporated cuts to nutrition and to health and to countable for its policies. We must use into the supplemental bill and re- education programs. our voice and our vote to reflect our quested the remaining $242.5 million in Without a doubt, we are facing the commitment to education, to the fight assistance for Georgia. greatest economic crisis in decades, a against global poverty, and to the wel- The House measure includes this full crisis that has worldwide implications. fare of workers everywhere. That is funding. The Senate version, on the Unemployment is up, not just in my what this amendment will accomplish. other hand, provides only $200 million, home State of Ohio or in the State of I yield the floor. which makes it available not just for the Presiding Officer, of New Mexico, The ACTING PRESIDENT pro tem- Georgia but other central Asian coun- but across this Nation and around the pore. The Senator from Arizona is rec- tries as well. world. In low-income countries, work- ognized. The amendment I am offering would ers are toiling away for increasingly AMENDMENT NO. 1188 move $42.5 million in existing funds lower wages and children are all too Mr. MCCAIN. Mr. President, amend- under the international affairs title of often going without health care, with- ment No. 1188 is at the desk. I ask the bill to fulfill the full amount of the out enough food, and with little edu- unanimous consent for its immediate American pledge. I would emphasize—I cation. consideration. wanted to heavily emphasize—that in

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5676 CONGRESSIONAL RECORD — SENATE May 20, 2009 doing so, this amendment does not in- We must not revert to an era in ‘‘(i) to facilitate the uniform implementa- crease the top line of the State Depart- which the countries on Russia’s periph- tion of federally mandated or federally es- ment budget by one penny, nor does it ery were not permitted to make their tablished programs and financings related mean one penny more in taxpayer ex- own decisions, control their own polit- thereto, including— ‘‘(I) uniform accessibility of student loans, penditure. It is consistent with the ad- ical futures, and decide their own alli- including the issuance of qualified student ministration’s budget request and with ances. Whether in Kyrgyzstan, where loan bonds as set forth in section 144(b) of the promise that our Nation made to Moscow seems to have exerted pressure the Internal Revenue Code of 1986; the Republic of Georgia following last for the eviction of U.S. forces from the ‘‘(II) the uniform accessibility of mortgage year’s strife. Manas base, to Estonia, which suffered loans, including the issuance of qualified The Georgian Government has stated a serious cyber-attack some time ago, mortgage bonds and qualified veterans’ that it plans to devote the assistance to Georgia and elsewhere Russia con- mortgage bonds as set forth in section 143 of to projects that will address urgent re- tinues its attempts to reestablish a such Code; ‘‘(III) the uniform accessibility of safe and quirements identified by the World sphere of influence. affordable housing programs administered or Bank’s recent Joint Needs Assessment. Yet such moves are in direct con- subject to review by the Department of These include resettling internally dis- travention to the free and open rules- Housing and Urban Development, including— placed persons, rebuilding vital infra- based international system that the ‘‘(aa) the issuance of exempt facility bonds structure following last year’s Russian United States and its partners have for qualified residential rental property as invasion, strengthening democratic in- spent so many decades to uphold. set forth in section 142(d) of such Code; stitutions and law enforcement capa- So let’s not forget what has happened ‘‘(bb) the issuance of low income housing bilities, and enhancing border security. in Georgia and the pledges we have tax credits as set forth in section 42 of such In fulfilling our pledge, we have the made to support a friend. I urge my Code, to facilitate the uniform accessibility of provisions of the American Recovery and opportunity not only to enhance the colleagues to support this amendment Reinvestment Act of 2009; and stability of the democratic progress of and stand by the Republic of Georgia in ‘‘(cc) the issuance of bonds and obligations Georgia but also to send a clear mes- its continuing time of need. issued under that Act, to facilitate economic sage to the region that the United I want to emphasize again, the development, higher education, and improve- States will stand by its friends. Such a amendment does not increase the top ments to infrastructure, and the issuance of signal is one of the utmost importance. line of the State Department budget by bonds and obligations issued under any pro- It has been just 8 months since the one penny, nor does it mean one penny vision of law to further the same; and world’s attention was riveted by Rus- more in taxpayer expenditures, con- ‘‘(ii) to facilitate interstate commerce generally, including consumer loans, in the case sia’s invasion. Following the violence, sistent with the administration’s budg- of any person or governmental entity (other there was talk of sanctions against et request, and with the promise that than a depository institution subject to sub- Moscow. The Bush administration our Nation made to the Republic of paragraph (A) and paragraph (2)).’’. withdrew its submission to Congress of Georgia following last year’s strife. (b) EFFECTIVE PERIOD.—The amendments a nuclear cooperation agreement with I suggest the absence of a quorum. made by subsection (a) shall apply with re- Russia, and NATO suspended meetings The ACTING PRESIDENT pro tem- spect to contracts consummated during the of the NATO-Russia Council. That out- pore. The clerk will call the roll. period beginning on the date of enactment of rage quickly subsided, however, and it The assistant bill clerk proceeded to this Act and ending on December 31, 2010. seems that the events of last August call the roll. Mrs. LINCOLN. Mr. President, I will have been all but forgotten in some Mrs. LINCOLN. Mr. President, I ask be very brief. quarters. unanimous consent that the order for I, first of all, want to say a special A casual observer might guess that the quorum call be rescinded. thanks to Chairman INOUYE and the things returned to normal in this part The ACTING PRESIDENT pro tem- ranking member, my neighbor from pore. Without objection, it is so or- of the world and that war in Georgia Mississippi, Senator COCHRAN, for their was a brief and tragic circumstance dered. good work on this effort and really that has since been reversed. But, in AMENDMENT NO. 1181 being thoughtful and timely on that we fact, this is not the case. Mrs. LINCOLN. Mr. President, I ask need in this bill we have before us. While the stories have faded from the unanimous consent that the pending The amendment I am offering today headlines, Russia remains in violation amendment be set aside and I call up deals with an emergency challenge of the terms of the ceasefire to which it my amendment No. 1181. that is faced in our State of Arkansas. agreed last year. Russian troops con- The ACTING PRESIDENT pro tem- It is a specific problem just to us, and tinue to be stationed on sovereign pore. Is there objection? we need the Senate’s help to imme- Without objection, it is so ordered. Georgian territory. Thousands of Rus- diately address that issue. sian troops remain in South Ossetia The clerk will report. The legislative clerk read as follows: Unfortunately, as a result of the eco- and Abkhazia, greatly in excess of the nomic challenges our Nation now faces, The Senator from Arkansas [Mrs. LINCOLN] preconflict levels. these challenges are magnified for us Rather than abide by the ceasefire’s proposes an amendment numbered 1181. in our State, and immediate and emer- requirement to engage in international The amendment is as follows: gency intervention is essential; other- talks on the future of the two prov- (Purpose: To amend the Federal Deposit In- wise, our State’s recovery will lag be- inces, Russia has recognized their inde- surance Act with respect to the extension hind due to a lack of capital in our pendence, signed friendship agreements of certain limitations) State because of the circumstances we with them that effectively render them At the appropriate place, insert the fol- are experiencing, as I said, with an un- Russian dependencies, and have taken lowing: usual cap that is tied to the Federal over their border controls. SEC. ll. EXTENSION OF LIMITATIONS. rate. So we are working hard to solve All of this suggests tangible results (a) IN GENERAL.—Section 44(f)(1) of the this problem in our State. We are ask- to Russia’s desire to maintain a sphere Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— ing our Senate colleagues to work with of influence in neighboring countries, (1) by redesignating subparagraphs (A) and us. dominate their politics, and cir- (B) as clauses (i) and (ii), respectively, and Mr. President, I ask unanimous con- cumscribe their freedom of action in moving the margins 2 ems to the right; international affairs. (2) by striking ‘‘evidence of debt by any in- sent that Senator PRYOR be added as a Russian President Medvedev recently sured’’ and inserting the following: ‘‘evi- cosponsor to the amendment. denounced NATO exercises in Georgia, dence of debt by— The ACTING PRESIDENT pro tem- describing them as ‘‘provocative.’’ Yet ‘‘(A) any insured’’; and pore. Without objection, it is so or- these ‘‘provocative’’ exercises did not (3) by striking the period at the end and in- dered. involve heavy equipment or arms and serting the following: ‘‘; and Mrs. LINCOLN. I thank the Acting ‘‘(B) any nondepository institution oper- President pro tempore. focused on disaster response, search ating in such State, shall be equal to not and rescue, and the like. Russia was more than the greater of the State’s max- Again, we look forward to being able even invited to participate in the exer- imum lawful annual percentage rate or 17 to work with our colleagues to meet cises, an invitation Moscow declined. percent— this challenge our State, and our State

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5677 alone, faces. Again, I thank the chair- (3) Under title X, relating to Military Con- ciate the fact that they are in need of man and the ranking member for being struction and Veterans and Related Agen- having equipment and weapons that able to work with us on this issue. cies. are suitable for the tasks and the chal- Mr. President, I suggest the absence (c) ADMINISTRATION.—Not later than 30 lenges they face. It is a dangerous envi- days after the date of the enactment of this of a quorum. Act, the Director of the Office of Manage- ronment. This amendment will help The ACTING PRESIDENT pro tem- ment and Budget shall— deal with that serious problem. I thank pore. The clerk will call the roll. (1) administer the rescission specified in the Senator for bringing it to the at- The assistant bill clerk proceeded to subsection (a); and tention of the Senate. call the roll. (2) submit to the Committee on Appropria- Mr. RISCH. Mr. President, I thank Mr. RISCH. Mr. President, I ask tions of the Senate and the Committee on the Senator. As has been pointed out, unanimous consent that the order for Appropriations of the House of Representa- this is a situation that a number of the quorum call be rescinded. tives a report specifying the account and the States face. It will not cost any addi- The ACTING PRESIDENT pro tem- amount of each reduction made pursuant to the rescission in subsection (a). tional taxpayer dollars. It is a wise ex- pore. Without objection, it is so or- penditure of taxpayer dollars. dered. Mr. RISCH. Mr. President and fellow I note the absence of a quorum. AMENDMENT NO. 1143 Senators, I come to the floor to offer The PRESIDING OFFICER. The Mr. RISCH. Mr. President, I ask this important amendment. What this clerk will call the roll. unanimous consent that the pending amendment does is simply appropriates The assistant legislative clerk pro- amendment be set aside to call up my $2 billion to the National Guard and ceeded to call the roll. amendment No. 1143. Reserve equipment account. Mechani- Mr. KAUFMAN. Mr. President, I ask The ACTING PRESIDENT pro tem- cally, it does this by permitting the unanimous consent that the order for pore. Is there objection? OMB to rescind $2 billion that has been the quorum call be rescinded. Without objection, it is so ordered. previously appropriated in the stim- The PRESIDING OFFICER. Without The clerk will report. ulus package. It exempts from the re- objection, it is so ordered. The legislative clerk read as follows: scission funds related to the Depart- AMENDMENT NO. 1179 The Senator from Idaho [Mr. RISCH], for ment of Defense, the Department of Mr. KAUFMAN. Mr. President, I ask himself, Mr. CORNYN, and Mr. BOND, proposes Homeland Security, and part of title X unanimous consent to set aside the an amendment numbered 1143. of that bill relating to military con- pending amendment for purposes of Mr. RISCH. Mr. President, I ask struction and veterans and related calling up an amendment. unanimous consent that the reading of agencies. Otherwise, the OMB is di- The PRESIDING OFFICER. Is there the amendment be dispensed with. rected to rescind $2 billion, which is objection? The ACTING PRESIDENT pro tem- the amount authorized for the National Without objection, it is so ordered. pore. Without objection, it is so or- Guard and Reserve equipment account. Mr. KAUFMAN. Mr. President, I call dered. The reason for the amendment is up amendment No. 1179. The amendment is as follows: that as our Guard units and Reserve The PRESIDING OFFICER. The (Purpose: To appropriate, with an offset, an units have been asked to serve in Iraq clerk will report. additional $2,000,000,000 for National Guard and Afghanistan over recent years, The assistant legislative clerk read and Reserve Equipment) their equipment has been badly de- as follows: At the appropriate in title III, insert the pleted. I have personal experience with The Senator from Delaware [Mr. KAUF- following: this, as our Guard unit from Idaho had MAN], for himself, Mr. LUGAR, and Mr. REED, NATIONAL GUARD AND RESERVE EQUIPMENT been dispatched to Iraq and spent time proposes an amendment numbered 1179. For an additional amount for ‘‘National there. When they came back, a lot of Mr. KAUFMAN. Mr. President, I ask Guard and Reserve Equipment’’, their equipment was necessarily left unanimous consent that the reading of $2,000,000,000, to remain available for obliga- behind for the use of the Iraqis and for the amendment be dispensed with. tion until September 30, 2010: Provided, That the use of other American troops who The PRESIDING OFFICER. Without the Chief of the National Guard Bureau and were going to stay in Iraq. We have in objection, it is so ordered. an appropriate official for each of other re- Idaho over a period of time gone serve components of the Armed Forces each The amendment is as follows: shall, not later than 30 days after the date of through a process by which some of (Purpose: To ensure that civilian personnel the enactment of this Act, submit to the this equipment has been replaced but assigned to serve in Afghanistan receive ci- Committee on Armed Services and the Com- not all. Obviously, this amendment vilian-military coordination training that mittee on Appropriations of the Senate and does not apply just to Idaho; it applies focuses on counterinsurgency and stability the Committee on Armed Services and the to all States, all National Guard units, operations) Committee on Appropriations of the House all Reserve units. On page 71, between lines 13 and 14, insert of Representatives a report on the mod- This is something that is badly need- the following: ernization priority assessment for the Na- ed. The National Guard certainly per- (g) TRAINING IN CIVILIAN-MILITARY COORDI- tional Guard and for the other reserve com- NATION.—The Secretary of State, in con- ponents of the Armed Forces, respectively: forms a valuable service to the Gov- sultation with the Secretary of Defense, Provided further, That the amount under this ernors of each of the States, to the peo- shall seek to ensure that civilian personnel heading is designated as an emergency re- ple of each of the States. This bill will assigned to serve in Afghanistan receive ci- quirement and as necessary to meet emer- help them get the equipment that vilian-military coordination training that gency needs pursuant to sections 403(a) and badly needs replacing back in the focuses on counterinsurgency and stability 423(b) of S. Con. Res. 13 (111th Congress), the queue where it belongs and back where operations, and shall submit a report to the concurrent resolution on the budget for fis- it can be used by these Guard units and Committees on Appropriations and Foreign cal year 2010. Reserve units. Relations of the Senate and the Committees (RESCISSIONS) on Appropriations and Foreign Affairs of the Thank you, Mr. President. House of Representatives not later than 90 (a) IN GENERAL.—Of the discretionary The PRESIDING OFFICER (Mr. amounts (other than the amounts described days after the date of the enactment of this BURRIS). The Senator from Mississippi. in subsection (b)) made available by the Act detailing how such training addresses American Recovery and Reinvestment Act of Mr. COCHRAN. Mr. President, I wish current and future civilian-military coordi- 2009 (123 Stat. 115; Public Law 111–5) that are to compliment the distinguished Sen- nation requirements. unobligated as the the date of enactment of ator from Idaho. He puts his finger on Mr. KAUFMAN. Mr. President, I ask this Act, $2,000,000,000 is hereby rescinded. a problem that affects not only Idaho unanimous consent to modify the (b) EXCEPTION.—The rescission in sub- but some other States as well, includ- amendment, and I send the modifica- section (a) shall not apply to amounts made ing my State of Mississippi, where we tion to the desk. available by division A of the American Re- have had a large number of National Mr. COCHRAN. Mr. President, I sug- covery and Reinvestment Act of 2009 as fol- Guard and Reserve officers, too—but lows: gest the absence of a quorum. (1) Under title III, relating to the Depart- his amendment goes directly to the Na- The PRESIDING OFFICER. The ment of Defense. tional Guard—deployed to the theater, clerk will call the roll. (2) Under title VI, relating to the Depart- engaged in serious and dangerous oper- The assistant legislative clerk pro- ment of Homeland Security. ations in the theater, and we appre- ceeded to call the roll.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5678 CONGRESSIONAL RECORD — SENATE May 20, 2009 Mr. KAUFMAN. Mr. President, I ask inadequate. We do not have 9 months The PRESIDING OFFICER. Without unanimous consent that the order for to wait and we should not risk sending objection, it is so ordered. the quorum call be rescinded. civilians to Afghanistan without the Mr. MARTINEZ. Mr. President, I ask The PRESIDING OFFICER. Without training they need to be safe, secure, unanimous consent that I be allowed to objection, it is so ordered. and effective. speak for 5 minutes as in morning busi- Mr. KAUFMAN. Mr. President, I am We must therefore increase the fre- ness. grateful to the chairman and ranking quency of training programs, such as The PRESIDING OFFICER. Without member for their work on this critical the one at Camp Atterbury and we also objection, it is so ordered. bill. must ensure this training includes a CUBAN INDEPENDENCE DAY I am happy to be joined by Senators greater focus on counterinsurgency and Mr. MARTINEZ. Mr. President, for LUGAR and REED in introducing an stability operations. Americans, Independence Day is the amendment to ensure that civilians de- The military challenges we are fac- day we celebrate our freedom and the ployed to Afghanistan receive training ing today are unlike conventional wars ideals on which our Nation was found- that cultivates greater civilian-mili- of the past. I strongly agree with the ed. tary unity of mission and emphasizes assessment of leading defense experts Today is a special day for Cubans the importance of counterinsurgency that we must better prepare to win the who won their formal independence, and stability operations. wars we are in, as opposed to those we with help from the United States, 107 Last month, I had the distinct privi- may wish to be in. years ago today. Today is independence lege of traveling with Senator REED to According to Secretary Gates, this day in Cuba, which serves as a re- Afghanistan, Pakistan, and Iraq to will require ‘‘. . . a holistic assessment minder that there are those still strug- visit our troops and assess regional de- of capabilities, requirements, risks, gling to exercise their fundamental velopments and challenges. and needs’’ which will entail, among rights, having spent the past 50 years During the trip, it was abundantly other things, a rebalancing of our de- under the repressive rule of a one-fam- clear that we must build greater unity fense budget. ily regime. of mission between civilians and mili- This also includes changing the way Last month, 17 peaceful Cuban activ- tary in order to meet our growing we prepare U.S. personnel for their ists wrote to President Obama, noting needs in the region. mission, as reflected by the creation of that: In Iraq and Afghanistan, we are en- the Counterinsurgency Academy in A great majority of Cubans . . . desire pro- gaged in a four-stage process of fight- Kabul, where more civilians should found democratic change in Cuba. The shining insurgency by shaping the environ- train in greater numbers with the mili- ing example of the civil rights movement in ment, clearing insurgents with military once they are in Afghanistan. the United States is a beacon of hope so that tary power, holding the area with effec- An increased focus on counter- full dignity for each Cuban can be restored. tive security forces and police, and insurgency reflects the fact that we We want to determine our future through a building through a combination of gov- must undergo a military rebalancing to democratic process. ernance and economic development. be better prepared to face an asym- His administration has taken actions As we increase our military commit- metric threat. with the well-being of Cubans in mind. ment and civilian capacity in Afghani- Thanks to the leadership, vision, and While I appreciate the President’s stan, we must ensure that all U.S. per- integrity of Secretary Gates, General willingness to address some of the chal- sonnel have the tools they need to suc- Petraeus, and others, we have moved in lenges facing the Cuban people, I also ceed in this increasingly difficult mis- that direction, and we must continue ask that he consider implementing sion. along this path. policies that will empower the Cuban In addition to sending 21,000 addi- That is why I strongly support this people, not empower the regime. tional troops and trainers to Afghani- supplemental, which contains in- Wholesale change in Cuba won’t stan, President Obama recently an- creased funding for mine resistant am- come from Washington. It can only nounced that we will send hundreds of bush protected vehicles, or MRAPS, come from Havana. The Cuban people civilians from the State Department, and other equipment to counter uncon- will not truly be free until all prisoners USAID, and other agencies to partner ventional threats like improvised ex- of conscience are freed from prison. with the Afghan people and govern- plosive devices. Such equipment is crit- Additionally, the regime must end ment in promoting economic develop- ical to advancing our security goals in the practice of harassing and detaining ment and governance. Afghanistan and Iraq. those who exercise their fundamental These civilians will continue to work But most importantly, it provides human rights. in tandem with the military in stabi- needed defenses for our troops, so that The Cuban people are also entitled to lizing Afghanistan and should therefore we can keep our brave men and women freedom of the press, freedom to assem- train in tandem to prepare for their de- out of harm’s way in Iraq and Afghani- ble, and freedom to worship. Finally, ployment. stan. the Cuban people must be given the When surveyed, civilians serving in It is in this same vein that we must right to freely choose who governs Afghanistan have confirmed that joint also take every opportunity to prepare them and how they will be governed. training with the military was the sin- our civilians better. Increased civilian- On the day we recognize Cuba’s inde- gle most effective preparation. This military training focused on counter- pendence from Spain 107 years ago, we sentiment underscores the urgency of insurgency and stability operations is should also recognize the Cuban peo- this amendment, and highlights the essential to meeting this goal, and that ple’s right to independence from the re- critical need for increased joint train- is why I urge my colleagues to join pressive regime that currently denies ing so we can meet current and future Senators LUGAR, REED, and me in sup- them these fundamental freedoms. needs in Afghanistan. porting this amendment. Mr. President, 107 years ago, as the Integrated training, specifically for Mr. President I appreciate the chair- United States and those freedom fight- military and nonmilitary personnel man and ranking member’s assistance ers in Cuba who struggled mightily for participating in provincial reconstruc- on this amendment, as well as the more than a quarter of a century, by tion teams, PRTs, is ongoing, and the guidance I have received from Senator that time, to free themselves from the next course will be held later this LEAHY. yoke of colonialism, the United States month at Camp Atterbury in Indiana. I yield the floor and suggest the ab- and Cuba, after freeing Cuba from Still, this training will include only sence of a quorum. Spain, sat together to form the new about 25 nonmilitary personnel from The PRESIDING OFFICER. The Cuban Republic. And 107 years ago on a State and USAID, and it is not sched- clerk will call the roll. day like today, the United States ceded uled to recommence for 9 months, after The assistant legislative clerk pro- to the Cuban people their right to be many of our brave men and women ceeded to call the roll. an independent nation. have already left for the region. Mr. MARTINEZ. Mr. President, I ask It is amazing how nurtured and close- Especially given the increased need, unanimous consent that the order for ly bound the history of our Nation is this 9-month training cycle is woefully the quorum call be rescinded. with the history of the nation that saw

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5679 my birth. It is with that in mind that hurricanes just in my State of Florida flective part of the mirror start this unique role and the fact that only within a 6-week period. Those four hur- chunking off. a very small body of water, called the ricanes covered up the entire State. What about the kids who have res- Florida Straits, separates us, has cre- Then, of course, you remember the ac- piratory problems and their pediatri- ated this entangled web of history be- tive hurricane season of 2005, which cian is telling the parents: Get that tween these two nations that have so ended in the debacle in New Orleans, child out of the house. Well, where do much been a part of my life. with Hurricane Katrina and hitting the they go? As we look to the future, it is right Mississippi coast. Then along came I visited one single mother. She took that we continue to be the greatest sin- Hurricane Rita, which also hit the her child and moved in with her moth- gle beacon of hope, as these dissidents Texas coast as well as Louisiana. er. But she is still paying the mortgage expressed to President Obama, for In the aftermath of that, of course, payments. What about that other fam- those in Cuba who look for freedom, there was a lot of construction. One of ily down the street who did not have who look for the opportunity to have a the essential items in construction, family close by? They had to move out democratic government they can elect. even in the State of the esteemed rank- and rent a place. But they are still, be- Today the Cuban people continue to ing member of the Appropriations cause their mortgage company will not be ruled by the tyrannical hand of two Committee, is something known as work with them, having to pay the brothers who seized power in 1959 on drywall because you put up the studs in mortgage in order not to lose their January 1. That is a long time ago. a unit—let’s say a home—and you put house. Since that day until today, there has drywall on it, and that makes the What about the poor homebuilder? not been a legitimate election, there walls. The poor homebuilder is having trouble has never been the opportunity for the Drywall is usually made with gyp- enough as it is in the economy we are Cuban people to freely express them- sum, which is mined and produced in in with the sale of houses going down. selves without the fear of repression or America. It is actually a byproduct of The poor homeowner asks: Who is re- political prison. the mining of phosphate. On the out- sponsible for this? And maybe the Today there are dozens of Cuban peo- side of the gypsum they put something homebuilder is not even around be- ple who are in prison merely for ex- like a cardboard-thick paper, and that cause they might have gone bust be- pressing the ideas that this country becomes a drywall sheet that actually cause of the economy. So who does the has so nurtured over the time of its ex- is the facing of a wall. But because poor homeowner turn to? istence—freedom, democracy, and rule there was such a demand for this Well, I can tell you, a lot of those of law. It is with that hope that today drywall in the aftermath of those hur- homeowners are turning to their elect- I have come to the Senate floor to com- ricane years, they started importing ed officials. memorate this very important date on from China something known as Chi- The sad thing is we have people in the calendar in history that inter- nese drywall. dire need, and all of the pleas to the twines Cuba and the United States. Well, we think Chinese drywall is in Consumer Product Safety Commis- Mr. President, I yield the floor. as many as 100,000 homes in this coun- sion—which, by the way, drug their Mr. COCHRAN. Mr. President, I sug- try. Just in my State, the State of feet 2 and 3 years ago on defective toys gest the absence of a quorum. Florida, it may be in 36,000 to 50,000 coming in from China—they say even The PRESIDING OFFICER. The homes. though they have the legal authority— clerk will call the roll. Here is what is happening. People and they do—to impound this stuff, to The assistant legislative clerk pro- who live in homes with Chinese drywall freeze the assets of the distributing ceeded to call the roll. are getting sick. First of all, if you company of this stuff—they have the Mr. NELSON of Florida. Mr. Presi- enter the home—as I have, in several authority under existing law to stop dent, I ask unanimous consent that the homes in Florida—there is a pungent the importation of this Chinese order for the quorum call be rescinded. kind of smell that is something like drywall—they have refused thus far to The PRESIDING OFFICER. Without rotten eggs. For this Senator, whose do anything about it. objection, it is so ordered. respiratory system is very sensitive to Now, they did do this: They got with AMENDMENT NO. 1155 any of these things, once I was in there the EPA and the EPA did a test. The Mr. NELSON of Florida. Mr. Presi- for 5 or 10 minutes, suddenly I found EPA is releasing that test result, I be- dent, Senator LANDRIEU and I have my respiratory system choking up. lieve, today. That test result is show- filed an amendment that we hope the When you talk to these people whose ing that when they compared Chinese Appropriations Committee will accept homes have this Chinese drywall, sure drywall to American drywall—in the for $2 million to be appropriated, set enough, that is what is happening. But first chemical composition test—the aside for the Consumer Product Safety that is not what is only happening. difference from American drywall is Commission. Normally, copper tubing—whether it is that the Chinese drywall contains sul- You would wonder why a sum of part of the plumbing or whether it is fur; thus, the smell of rotten eggs; money of that size compared to the part of an air conditioner—as it gets strontium, which is some derivative, scope of the appropriations bills out old, it gets green. The bright shiny cop- possibly, of some kind of nuclear proc- here would need to have direction to per turns green. Not so in a home with ess; and elements found in acrylic the Consumer Product Safety Commis- Chinese drywall. It starts turning paint. Those are the results thus far. sion. Of course, I wonder the same black and crusty, and it starts deterio- Thus, we come to the amendment of thing because they have a budget that rating the coils on an air conditioner. Senator LANDRIEU and myself for $2 is certainly much more robust than it Mr. President, this is no kidding. million to the Consumer Product Safe- has been in the past as a result of the Some of those houses I visited have had ty Commission to go to the next test— Consumer Product Safety Commission to replace the coils in the air condi- which will take most of that $2 mil- authorization bill we passed last year. tioner three times. lion—and that is, to subject the Chi- Nevertheless, we have an emergency Or what about the house outside of nese drywall to conditions one finds in that has arisen with regard to a con- Bradenton, FL, that I went to, where a house—and now we are finding it in sumer product for which the Safety just a month before the elderly couple about 20 States, not just in the South— Commission Acting Chairman has said had gone on a trip to Cozumel, Mexico, subjecting it to the conditions of hu- they do not have enough money. So where they had bought for the wife a midity and the heat of the summer to Senator LANDRIEU and I are offering silver bracelet. They brought it back. see what gases are emitted so that doc- this amendment. It had been in the house a month, and tors can analyze this stuff as to how it Let me tell you what this consumer it had turned completely black. So, ob- is affecting the health of our people. threat is. On or about the years 2004– viously, you can see that something If you are a homeowner with this 2005, because of the high demand for has happened. Chinese drywall, this is no little emer- construction in the aftermath of two What about going into the bathroom? gency. The least we can do, even very active hurricane seasons—2004 and You have a mirror in the bathroom though the CPSC has drug its feet, is 2005—as a matter of fact, we had four and, suddenly, you start seeing the re- to give them the resources to go to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5680 CONGRESSIONAL RECORD — SENATE May 20, 2009 that next step and make this addi- The Treasury Department has back- many employees. What is it going to tional test so we know what we are pedaled from any involvement in the save Chrysler to close Mr. Whatley’s dealing with to protect the health of decision to shut down auto dealers profitable dealership in Mineral Wells? our people. across the Nation. A recent Treasury I can’t even imagine, but it isn’t my Mr. President, I yield the floor. press release states: decision to make. However, I am going Mr. COCHRAN. Mr. President, I sug- As was the case with Chrysler’s dealer con- to say that I do think Mr. Whatley de- gest the absence of a quorum. solidation plan, the task force was not in- serves 60 days to have the orderly proc- The PRESIDING OFFICER. The volved in deciding which dealers or how ess that Treasury itself said they clerk will call the roll. many dealers were part of GM’s announce- would expect from the auto manufac- The legislative clerk proceeded to ment. turers. call the roll. An earlier press release from the I am worried about Mineral Wells Mrs. HUTCHISON. Mr. President, I Treasury said: when Mr. Whatley’s dealership is ask unanimous consent that the order The sacrifices by the dealer community closed, just as I am worried about com- for the quorum call be rescinded. alongside those of auto workers, suppliers, munities all over this country with The PRESIDING OFFICER. Without creditors, and other Chrysler stakeholders objection, it is so ordered. dealerships that are going to be arbi- are necessary for this company and the in- trarily closed. If they have 3 weeks to AMENDMENT NO. 1189 dustry to succeed. sell their inventory, what is that going Mrs. HUTCHISON. Mr. President, I I don’t think that is any kind of help to do to them and to the people who rise to talk about an amendment I for our dealers that are taking the risk have to go out and find jobs? I don’t have filed, amendment No. 1189. I am and the responsibility for all the costs think it is right. I think we should pass told the Democrats will object to my of their dealership. asking that it be pending, but I am my amendment. Before the closing announcements The reason I am offering it on this going to talk about it. I hope very were made, another Treasury press re- bill is because this is a bill that is much I will have the opportunity to lease regarding Chrysler Fiat, on April going to go through quickly, and this offer this amendment in regular order. 30, says: is a deadline that is coming very fast. As a right of a Senator, I hope that will It is expected that the terminated dealers be given. I don’t know why it is being If we can let those dealers know they will wind down their operations over time are going to have 60 days, at least, for objected to, but I would very much like and in an orderly manner. to speak on it. I hope I am not going to the orderly processing of their clo- However, Chrysler, in their notifica- sures, I am told by dealers this will be prohibited from the opportunity to tion to close 789 dealers on May 14— offer it, since I am on the floor in a help them immensely in that process, last Thursday—has given dealers until and it will not cost the taxpayers one timely manner trying to offer an June 9 to wind down. That is just over amendment, as we have been asked to dime—not one dime. 3 weeks—3 weeks. Chrysler determined I hope we will pass this amendment. do. that an orderly wind-down—an orderly The amendment I hope to call up is I hope the majority will allow this to manner—to sell all their inventory, amendment No. 1189. It is an amend- be brought up in the regular order. I sell all their parts, get rid of all their ment to try to help those automobile was told when I came to the floor that special equipment—3 weeks. dealers that have been notified, par- I would have the opportunity to offer My amendment simply states that no ticularly by Chrysler, with a deadline this amendment and get into the line funds shall be expended from the Treas- of June 9, and told they are going to for a record vote. I hope that will be ury to an auto manufacturer which has have to shut their doors of those deal- done, because we don’t have much time erships by June 9. They were given 3 notified a dealership that it will be ter- to help these dealers. With all the weeks’ notice. minated without providing at least 60 money we are putting into the auto- The President’s task force on the days for that dealership to wind down mobile manufacturers, and all of the auto industry has taken unprecedented its operations and sell its inventory. help we are giving to others affected by steps to negotiate with each of the af- Sixty days, that is what we are asking that industry, the ones who have been fected stakeholders to bring General for. left out are the auto dealers. Motors and Chrysler closer to sustain- We are not asking that any decisions I hope that giving them 60 days—2 able viability. I know Members of this be changed. It is not our place to do months—to shut down a business that body sincerely appreciate the enormity that. However, we are saying that with may have been in place for 25, 30, or 90 of their task; however, there are many all the taxpayer dollars that are going years is the least we can do in these growing concerns with their actions. into the automobile manufacturers, troubling times. We are taking some The group that has arguably taken the the road kill here is the auto dealer very different positions that we have biggest hit by their negotiations is the and they have done nothing that would never taken as a Senate because these auto dealers. be unbusinesslike. They have taken the are tough times, and sometimes that is Auto dealers are some of the biggest risks. They employ people in the com- necessary. But this is the least we can and best employers in our Nation, in munity. They pay the taxes in the do in fairness to a business that has small towns across my State and every community. Sometimes they are the done nothing to produce cars that State. Many of them are the largest largest employer in the community. won’t sell. It has done nothing that has employers in their entire counties. Yet they are given 3 weeks to close caused any of the financial problems of Auto dealers run a tough business. down their operations. If we are going General Motors, and I think they de- They assume a lot of risk. They pur- to help anyone in this country without serve a break that will not cost the chase the vehicles from the manufac- one taxpayer dollar going into it, it taxpayers a penny. turer. Each dealer is forced to move should be these auto dealers, by giving I am going to be here, and I will ask their product in order to make payroll, them 60 days to have an orderly proc- the majority to allow amendment No. to cover overhead, to pay property ess to close down their operations. 1189 to become pending right after the taxes, or close their doors, all of which I wish we could go further. I disagree votes that will occur very shortly. is no cost to the manufacturer. These with the decision to arbitrarily close Mr. President, I have another amend- are all dealer expenses. down profitable auto dealers. I wish to ment, and it is an amendment that I While I understand that if an auto give my colleagues an example. There hope will help all of the hospitals in dealer is forced to close their doors be- is a town in my State called Mineral this country that are giving medical cause the dealer is unable to make the Wells. In that town of less than 20,000 care on an emergency basis to illegal business profitable, of course, we can people is Russell Whatley, a Chrysler immigrants in our country get some understand that would be the choice of dealer, whose family has owned his reimbursement from the Federal Gov- the dealer and they would be closed. dealership for 90 years. It is the oldest ernment for those costs. But I don’t understand why General dealership in Texas. Russell doesn’t We have had in place funding—called Motors or Chrysler would arbitrarily sell 1,000 cars a year, but he has been section 1011 funding—for 5 years. I am shut down thousands of operating and profitable. He actively supports his only trying to extend this program so profitable dealers across our country. community. He has actively supported that all of the States that deal with

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5681 the growing problem of taxpayer dol- (4) The Speaker of the House of Represent- The legislative clerk proceeded to lars—that the hospitals that have to atives. call the roll. absorb these costs will be able to re- (5) The minority leader of the House of Mr. DURBIN. Mr. President, I ask coup some of those costs from the Fed- Representatives. unanimous consent that the order for (6) The Chairman and Ranking Member on eral Government. The program pro- the quorum call be rescinded. the Committee on Armed Services of the The PRESIDING OFFICER. Without vided $200 million over 5 years to help House of Representatives. hospitals and doctors recoup these (7) The Chairman and Vice Chairman of the objection, it is so ordered. costs. It was not 100 percent reimburse- Permanent Select Committee on Intelligence AMENDMENT NO. 1136 ment, I assure you. of the House of Representatives Mr. DURBIN. Mr. President, one of In my State of Texas, we had about (c) MATTERS TO BE INCLUDED.—Each report the amendments which is being dis- $600 million in uncompensated care in 1 submitted under subsection (a) shall include cussed and has been filed by the minor- the following: ity leader, Senator MCCONNELL of Ken- year, and we were able to obtain $50 (1) The name and country of origin of each million in reimbursement. That was a detainee at the detention facility at Naval tucky, relates to detainees at Guanta- little bit of help that helped many of Station Guantanamo Bay, Cuba, as of the namo. I am hoping we will have an op- the hospitals make it. These are eligi- date of such report. portunity to debate this amendment ble for any hospital in America. I hope (2) A current summary of the evidence, in- because I think it is an important we will be able to pass an amendment telligence, and information used to justify amendment, and I hope colleagues will on this bill to alleviate that situation. the detention of each detainee listed under pay close attention to it. It is not an I am told that the Finance Com- paragraph (1) at Naval Station Guantanamo amendment which is casual or incon- mittee is objecting to this amendment Bay. sequential. It is an amendment which because it is in their jurisdiction. You (3) A current accounting of all the meas- could have a very negative impact on ures taken to transfer each detainee listed know, I think it is incumbent upon the under paragraph (1) to the individual’s coun- our treatment of detainees who are Finance Committee to work with me try of citizenship or another country. guilty of crimes or involved in terrorist on this very important issue for all the (4) A current description of the number of activities. States in our country, because this is a individuals released or transferred from de- It is interesting that Senator MCCON- Federal problem, and it should not be tention at Naval Station Guantanamo Bay NELL has brought this amendment be- put on the local communities to foot who are confirmed or suspected of returning fore the body to be considered. It ap- the bill for emergency care that they to terrorist activities after release or trans- pears that when President Bush—the are required by Federal law to give, but fer from Naval Station Guantanamo Bay. previous President—announced that he not get reimbursement from the Fed- (5) An assessment of any efforts by al was closing Guantanamo, we didn’t eral Government. Qaeda to recruit detainees released from de- have this rush to the microphones on I hope the Finance Committee will tention at Naval Station Guantanamo Bay. the Republican side of the aisle and ob- (6) For each detainee listed under para- agree to work with me on that. I urge graph (1), a threat assessment that in- jecting. In fact, I don’t recall any ob- the majority to allow amendment No. cludes— jection from their side of the aisle 1189, which is filed and has no objec- (A) an assessment of the likelihood that when President Bush made that rec- tions, that I know of, to be in the next such detainee may return to terrorist activ- ommendation. set of votes. ity after release or transfer from Naval Sta- It is also interesting that during the I yield the floor. tion Guantanamo Bay; years the Guantanamo Detention Fa- The PRESIDING OFFICER. The Re- (B) an evaluation of the status of any reha- cility has been open the requests that publican leader is recognized. bilitation program in such detainee’s coun- are being made now of this President Mr. MCCONNELL. Mr. President, I try of origin, or in the country such detainee were not made of the previous Presi- suggest the absence of a quorum. is anticipated to be transferred to; and dent. All the suggestions that perhaps The PRESIDING OFFICER. The (C) an assessment of the risk posed to the there would be release of detainees clerk will call the roll. American people by the release or transfer of such detainee from Naval Station Guanta- from Guantanamo who may cause The legislative clerk proceeded to harm in some part of the world, those call the roll. namo Bay. (d) ADDITIONAL MATTERS TO BE INCLUDED suggestions weren’t made under the Mr. MCCONNELL. Mr. President, I IN INITIAL REPORT.—The first report sub- previous President. ask unanimous consent that the order mitted under subsection (a) shall also in- Literally hundreds of detainees at for the quorum call be rescinded. clude the following: Guantanamo have been released by The PRESIDING OFFICER. Without (1) A description of the process that was President Bush in the previous admin- objection, it is so ordered. previously used for screening the detainees istration. It was found that many of Mr. MCCONNELL. Mr. President, described by subsection (c)(4) prior to their would the regular order bring back release or transfer from detention at Naval them were either brought in with no amendment No. 1136? Station Guantanamo Bay, Cuba. charges that could be proved or once The PRESIDING OFFICER. It would. (2) An assessment of the adequacy of that investigation of the evidence was com- AMENDMENT NO. 1136, AS MODIFIED screening process for reducing the risk that menced, they learned there was noth- detainees previously released or transferred Mr. MCCONNELL. Mr. President, ing that could be established. They from Naval Station Guantanamo Bay would that is an amendment of mine, and I were released and returned to countries return to terrorist activities after release or of origin and other places around the send a modification to the desk. transfer from Naval Station Guantanamo The PRESIDING OFFICER. The reg- world—hundreds of them in that case. I Bay. don’t recall a single Republican Sen- ular order has been called for. (3) An assessment of lessons learned from The Senator has a right to modify previous releases and transfers of individuals ator, or any Senator for that matter, the amendment at this time. who returned to terrorist activities for re- coming to the floor and objecting to The amendment, as modified, is as ducing the risk that detainees released or the release of those hundreds of detain- follows: transferred from Naval Station Guantanamo ees from Guantanamo by President At the end of title III, add the following: Bay will return to terrorist activities after Bush. It happened. They did not object. SEC. 315. (a) REPORTS REQUIRED.—Not later their release or transfer. But now there is a new President and than 60 days after the date of the enactment (e) FORM.—Each report submitted under a new approach by the Republican side of this Act and every 90 days thereafter, the subsection (a), or parts thereof, may be sub- of the Senate. Senator MCCONNELL has President shall submit to the members and mitted in classified form. (f) LIMITATION ON RELEASE OR TRANSFER.— come forward with a proposal that committees of Congress specified in sub- calls on the President—not the Attor- section (b) a report on the prisoner popu- No detainee detained at the detention facil- lation at the detention facility at Naval Sta- ity at Naval Station Guantanamo Bay, Cuba, ney General but the President—to pro- tion Guantanamo Bay, Cuba. as of the date of the enactment of this Act vide detailed information about every (b) SPECIFIED MEMBERS AND COMMITTEES OF may be released or transferred to another detainee at Guantanamo—information country until the President— CONGRESS.—The members and committees of which has never been requested by pre- Congress specified in this subsection are the (1) submits to Congress the first report required by subsection (a); or vious Senators and the previous admin- following: istration. (1) The majority leader and minority lead- (2) certifies to the members and committees of Congress specified in subsection (b) I will make an exception to what I er of the Senate. just said. At one point, when the Bush (2) The Chairman and Ranking Member on that such action poses no threat to the mem- the Committee on Armed Services of the bers of the United States Armed Forces. administration was asked for the Senate. Mr. DURBIN. Mr. President, I sug- names of the detainees and their coun- (3) The Chairman and Vice Chairman of the gest the absence of a quorum. tries of origin, the Bush administration Select Committee on Intelligence of the Sen- The PRESIDING OFFICER. The objected and said it could compromise ate. clerk will call the roll. national security to release their

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5682 CONGRESSIONAL RECORD — SENATE May 20, 2009 names. That was the only request Why? Why in the world would we Do I feel less safe in Illinois—in made. It was denied. want to compromise any attempt at Springfield or Chicago—because of Now come the Republicans, with the prosecution? We don’t want to do that. that? No, because I know they are new Obama administration, with a Men and women—career prosecutors— being held by professionals in facilities brandnew outlook, and they want to are currently reviewing each of these that have a record of safely holding know everything about the detainees. cases to determine whether we can go these individuals. It is a long amendment. It goes on for forward with prosecution. The record The other side suggests if we put one five pages and a lot of detail here about of the previous administration is not of these Guantanamo detainees in a the detainees at Guantanamo. Basic in- very good when it comes to prosecuting U.S. prison, they will be on the street formation—name and country of ori- these detainees. President Obama has in a heartbeat. I can’t imagine that. gin, and it goes on for quite a while. said he wants to put that behind us and That is not going to happen. The Presi- Most of it, I think, may be salutary to deal with these people on an honest dent wouldn’t let it happen. Our Bu- and wouldn’t have a negative impact, basis. reau of Prisons wouldn’t let that hap- but there is one paragraph in par- I have listened to the statements pen either. ticular which I think is dangerous. It is that have been made on the floor by Then there is this other aspect. If we a request for information in the the Republican Senators who have decided at some point to prosecute a McConnell amendment of the President come forward with amendments. Many Guantanamo detainee in the courts of of the United States, and let me read of them clearly want to keep Guanta- the United States for a crime, some of what the request is. It is a request for namo open forever. They talk about a the language that has been brought to ‘‘a current summary of the evidence, $200 million state-of-the-art facility in us by the Republicans would make that intelligence, and information used to glowing terms. Well, I have been there, impossible. You know why. Well, one justify the detention of each detainee and I have seen it. I have seen the men amendment by the Senator from Geor- and women in uniform who toil there listed under paragraph (1) at Naval gia, Mr. CHAMBLISS, would not allow Station Guantanamo Bay.’’ each day under tough climate condi- the Attorney General to bring that per- Paragraph (1) refers to all the detain- tions. It gets pretty hot down there. I son from Guantanamo Naval Station ees in custody at Guantanamo. So what know they are working hard for their into the continental United States. Senator MCCONNELL is asking for is a country. But I think they know, and The amendment prohibits that. We summary of the evidence, intelligence, we know, that continuing Guantanamo couldn’t even bring them in to try and information justifying detention. is going to continue to deteriorate the them for a crime, couldn’t even bring This could compromise a prosecution reputation of the United States around them in to hold them accountable in a of a detainee. It could put us in a posi- the world—not because of what our soldiers and sailors and military have court of law for terrorism. tion where someone who truly is dan- Another amendment says we can’t done there, but simply because it has gerous cannot be prosecuted because of hold these prisoners in any U.S. prison this request for information by Senator become a symbol that is being used by facility. How do we try a person in the MCCONNELL. terrorists around the world to recruit United States and not at least, when Senator MCCONNELL wants, I guess, enemies against the United States. 535 Members of Congress to have a That is why President Bush called for they are not in trial, hold them in chance to read through the evidence, the closure of Guantanamo, and that is some prison facility? That is just com- intelligence, and information about why President Obama has done the mon sense. The person is dangerous. each detainee. Well, some of that may same thing. Yet the Republican plat- They are, of course, detained in a se- be classified; some may not. Even the form now seems to be ‘‘Guantanamo cure facility during the course of the information that is classified may forever.’’ They have built this platform trial. Some of the Republican amend- leak, with 535 Members of Congress and on fear—fear that somehow this admin- ments would make that impossible. I don’t understand what they are other staff people. Do we want to run istration would be so negligent that it the risk of jeopardizing the prosecution would release terrorists into the headed to. I think they want to keep of someone who is a danger to the United States, into the communities this Guantanamo facility, as we have United States to satisfy the curiosity and neighborhoods of this country. known it, open forever, without resolu- of a Senator? I don’t think so. Nothing could be further from the tion of the people who are there. That Secondly, once this has been pre- truth. Not this President, or any Presi- is fundamentally unfair. I have said on sented, if Senator MCCONNELL has his dent I can recall of either political the floor of the Senate before, and it is way, then there is a very real possi- party, would ever find themselves in a worth repeating, that there are people bility that should someone—a known position to jeopardize the safety of this being held at Guantanamo for whom terrorist—be brought to the United country by releasing detainees who there are no charges. I know one per- States, or any other place for trial would be dangerous to the United son in particular who is being rep- under the laws of the United States, States. resented by a pro bono lawyer in Chi- they could, in fact, ask—as they do in But this fear mongering is what has cago. This man has been held for 7 ordinary criminal cases—for the pres- been the basis for their position on the years at Guantanamo. Originally, he entation of all the evidence the State other side of the aisle when it comes to was from Gaza in the Middle East. has against them, which would include the security of the United States. There was a report that he was dan- this document, which would include Those who are arguing that we can- gerous. With that report, he was ar- not only the evidence, intelligence, and not safely hold a terrorist in the pris- rested, taken to Guantanamo, and information, but quite possibly the ons of America—that is the argument; held. After 6 years, he was notified work product of the prosecutors who don’t let a detainee from Guantanamo there were no charges against him; he are holding this detainee. ever be considered for a jail or prison of would be free to go if he could figure We could not only compromise his the United States—have overlooked out where to go. And that has been the prosecution, we could end up with a the obvious. Currently, we have 208 in- problem. He has been waiting for a ‘‘not guilty’’ of someone who is dan- mates in the Bureau of Prison facilities year for permission to return to Gaza. gerous to the United States simply to of the United States who are sentenced He is now 26 years old. From the age of satisfy the curiosity of a Senator who to international terrorism—208 already 19 to 26 he has been sitting in Guanta- files this amendment. I think that goes there; 66 U.S. citizens, 142 non-U.S. namo. Guantanamo forever? For him, too far. I can’t believe that it is in the citizens. In addition to that, 139 in- it must feel like forever. best interests of the safety of this mates in our U.S. Bureau of Prisons It is about time that we mete out country for us to allow this McConnell have been sentenced for domestic ter- justice. For those being held unfairly, amendment to pass and to require the rorism; 137 U.S. citizens and 2 non-U.S. they should be released. For those President to provide to Senator citizens. Do the math. That is 347 peo- where there are no charges, we should MCCONNELL a current summary of the ple who have been convicted of ter- acknowledge that and return them as evidence, intelligence, and information rorism, international and domestic, quickly and safely as possible. For used to justify the detention of each currently being held in the prisons of those who are a danger to the United detainee. the United States. States, we should continue to detain

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5683 them so they never pose a hazard to The PRESIDING OFFICER. The billion. It is up to $120 billion. Even our country. For those who can be clerk will call the roll. more, we still do not have operational tried, let’s try them before our courts The bill clerk proceeded to call the vehicles. So, very appropriately, the of law. roll. Secretary of Defense announced that President Obama is going through Mr. MCCAIN. Mr. President, I ask he would be eliminating much of this that arduous, specific process now on unanimous consent that the order for program to try to get the costs under each one of these detainees. While his the quorum call be rescinded. control. administration is working to clean up The PRESIDING OFFICER. Without I would like to say a word about the this mess that he inherited from the objection, it is so ordered. Secretary of Defense, who has agreed previous administration, the Repub- f to continue to serve this country under licans in the Senate are doing everyone of the most difficult and trying po- WEAPON SYSTEMS ACQUISITION thing they can to block his way and sitions one can have in Government. REFORM ACT OF 2009—CON- make it impossible for him to resolve The Secretary of Defense has an- FERENCE REPORT the situation at Guantanamo. nounced, I think very appropriately, I would say the McConnell amend- Mr. MCCAIN. Mr. President, the ma- that we would be reducing and elimi- ment, page 3, paragraph (2), is a dan- jority leader requested that I begin the nating some programs that have maybe gerous amendment. It is an amendment discussion on the conference report for had a good reason for a beginning but that could compromise the ability of the Weapon Systems Acquisition Re- certainly have had such incredible cost the United States of America to pros- form Act of 2009. We await the presence overruns that they no longer are a ecute those who could be a danger to of the chairman of the Armed Services worthwhile expenditure of the tax- our country. Why would we possibly do Committee. I begin by thanking him payers’ dollars. that? for his leadership, his really non- Early in the first couple of weeks of I urge my colleagues, if I am not partisan addressing of this compelling the new administration, a group of us given the authority under the rules of issue. attended a gathering. The President of the Senate to strike that paragraph, to The last time I was on the floor, I the United States and I had an ex- oppose this amendment. talked a lot about the terrible cost change about the Presidential heli- Mr. President, I yield the floor, and I overruns that were associated recently copter. Some years ago, we decided the suggest the absence of a quorum. with literally every new weapon sys- Presidential helicopter, which is 30 The PRESIDING OFFICER. The tem we have acquired. When I tell some years old, needed replacement. We fi- clerk will call the roll. of my constituents and friends, they nally reached a point where we had not The assistant legislative clerk pro- are staggered by the numbers—a small built one completely yet, and it was ceeded to call the roll. littoral combat ship that is supposed to more than the cost of Air Force One— Mr. DURBIN. Mr. President, I ask cost $90 million ends up costing $400 you cannot make that up; it is hard to unanimous consent the order for the million and has to be scrapped; air- believe—as one technological change quorum call be rescinded. planes costing, depending on how you after another was piled on, to the point where neither the President nor the The PRESIDING OFFICER (Mr. BEN- look at it, half a billion dollars each. Secretary of Defense felt it was worth NET). Without objection, it is so or- Working together on both sides of dered. the aisle, and under the leadership of the cost. The President does need a Mr. DURBIN. Mr. President, what is Chairman LEVIN, we have come up with new helicopter. We need to embark on that effort. But what we just went the business pending before the Sen- legislation that has gone through the through should be an object lesson, and ate? Congress rather rapidly. we should learn from the lessons and The PRESIDING OFFICER. The I would also like to say that the President of the United States called cost overruns. McConnell amendment No. 1136. I note the presence of the distin- AMENDMENT NO. 1199 TO AMENDMENT NO. 1136 us, Members of the House, leaders of the Armed Services Committees, to the guished chairman of the Armed Serv- Mr. DURBIN. I have sent an amend- ices Committee in the Chamber. I ment to the desk. I ask the clerk to re- White House, where we pledged our support and our rapid addressing of again thank him for his leadership. port the amendment. I yield the floor. The PRESIDING OFFICER. The this challenge. The PRESIDING OFFICER. The Sen- clerk will report. The only thing more important than ator from Michigan. The bill clerk read as follows: the substance of this conference report Mr. LEVIN. Mr. President, I am is the demonstration of bipartisanship The Senator from Illinois [Mr. DURBIN] pleased to join with Senator MCCAIN in proposes an amendment numbered 1199 to that went into how the underlying bills bringing to the floor the Weapon Sys- amendment No. 1136. were created and guided through the tems Acquisition Reform Act. We in- On page 3, strike lines 1–4 and insert the legislative process. troduced this bill. We did it on Feb- following: As I said, I know the chairman of the ruary 23, I believe, and we did it to ad- (2) A current summary of the evidence, in- committee is going to be here shortly, dress some of the problems in the per- telligence, and information used to justify and he will discuss many of the specific formance of the Department of Defense the detention of each detainee listed under aspects of this bill. But it does empha- paragraph (1) at Guantanamo Bay. major defense acquisition programs at size starting major weapons systems a time when growth and cost overruns Mr. DURBIN. Mr. President, I sug- off right by having those systems ob- on these programs have simply reached gest the absence of a quorum. tain reliable and independent cost esti- levels which are unaffordable, The PRESIDING OFFICER. The mates and subjecting them to rigorous unsustainable, and unconscionable, in clerk will call the roll. developmental testing and systems en- some cases. Since that time, the bill The bill clerk proceeded to call the gineering early in their acquisition has made rapid legislative progress. roll. cycle. It does a lot of things. As I say, I thank Senator MCCAIN for all he Mr. DURBIN. Mr. President, I ask Senator LEVIN will enumerate many of has done. This was a bipartisan effort. unanimous consent the order for the them. Our colleagues on the Armed Services quorum call be rescinded. What we are trying to do is address a Committee worked out the differences The PRESIDING OFFICER. Without process where there is a need for a that existed, and we unanimously rec- objection, it is so ordered. weapon system which takes years to ommended it to the Senate. But the AMENDMENT NO. 1199 WITHDRAWN develop. Technical changes are incor- magnitude of this problem is such that Mr. DURBIN. Mr. President, I would porated time after time in a desire— we must move quickly on it. The Presi- like to withdraw the pending amend- and a laudable one—to reach 100 per- dent has asked us to get the bill to his ment I just filed. cent perfection. But then the cost over- desk by Memorial Day, and it is our The PRESIDING OFFICER. The runs grow and grow. hope we will be able to do that. amendment is withdrawn. The Future Combat Systems, an On May 7, the bill passed the Senate Mr. DURBIN. Mr. President, I sug- Army innovation to address conflicts unanimously. A week later, a com- gest the absence of a quorum. of the future, was supposed to cost $90 panion bill passed the House. We

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5684 CONGRESSIONAL RECORD — SENATE May 20, 2009 worked out the differences between the Seventh, we require regular program conference report to accompany S. 454. Senate and the House in record speed. reviews and root cause analyses to ad- The report will be stated. The ability to do this was based on the dress developing programs in acquisi- The bill clerk read as follows: working relationship which has been tion programs. The committee of conference on the dis- built up here. We work on a bipartisan Finally, we establish tough new agreeing votes of the two Houses on the basis in the Armed Services Com- Nunn-McCurdy requirements, so- amendment of the House to the bill (S. 454) mittee. We work on a bicameral basis called. We put teeth in the Nunn- to improve the organization and procedures with the House and the Senate. When McCurdy approach. We establish a pre- of the Department of Defense for the acquisi- sumption of program termination and tion of major weapon systems, and for other it comes to issues of national security, purposes, having met, after full and free con- particularly, we are able to act so the requirement that continuing pro- ference, have agreed to recommend and do quickly. grams be justified from the ground up recommend to their respective Houses this I publicly thank not only Senator to ensure we do not throw good money report, signed by a majority of the conferees. MCCAIN, as I have, and colleagues of after bad on failing programs. If a pro- The PRESIDING OFFICER. The Sen- ours on the Armed Services Com- gram is failing, now it is too easy to ate will proceed to the consideration of mittee, but also Chairman IKE SKELTON get by the Nunn-McCurdy test of con- the conference report. and JOHN MCHUGH of the House Armed tinuing a program. It is going to be a (The conference report is printed in Services Committee. lot harder to jump that hurdle should the House proceedings of the RECORD of This is a tremendously important programs be failing in the middle or today, May 20, 2009.) bill. It has major reforms. It is going to costing a lot more or taking a lot Ms. COLLINS. Mr. President, the address some of the most persistent un- longer. Weapon Systems Acquisition Reform derlying problems we have had that led So we have a strong bill. It is going Act of 2009 would strengthen and re- to the failure of defense acquisition to help change the acquisition culture form the Department of Defense acqui- programs. What are those problems? of the Department of Defense, and it is sition processes by bringing increased The Department relies too often on un- going to point our acquisition system accountability and transparency to reasonable cost and schedule esti- in the direction it needs to go. We hope major defense acquisition programs. mates. Second, too often the Depart- Members of the Senate will join us in Simply put, the bill would build dis- ment insists on unrealistic perform- supporting this effort and send the bill cipline into the planning and require- ance expectations. Third, the Depart- to the President for his signature. ments process, keep projects focused, Our staff has done extraordinary ment too often uses immature tech- help prevent cost overruns and sched- work, particularly Peter Levine and nologies. Fourth, too often the Depart- ule delays, and ultimately save tax- Creighton Greene on my staff, and ment adopts these very costly changes payer dollars. Chris Paul and Pablo Corrillo on Sen- to program requirements, to produc- I would like to thank Senators CARL tion quantities, and to funding levels ator MCCAIN’s staff. And, again, I LEVIN and JOHN MCCAIN, and Rep- right in the middle of the ongoing pro- thank all Members and the leadership resentatives IKE SKELTON and JOHN gram. for bringing this bill, pushing it along, MCHUGH for their work on this impor- The conference report I hope we will and giving us the encouragement and tant issue and their continued efforts be able to consider in the next few min- support that is so essential to get a bill to improve procurement at the Depart- utes is going to address these problems of this magnitude to the floor of the ment of Defense. I was proud to join in the following ways: Senate in record time. First, we provide for a strong new Mr. President, I yield the floor, and I Senators LEVIN and MCCAIN in co-spon- Senate-confirmed Director of Cost As- suggest the absence of a quorum. soring this bill in the Senate. sessment and Program Evaluation. The PRESIDING OFFICER. The This legislation would improve That person is going to report directly clerk will call the roll. DOD’s planning and program oversight to the Secretary of Defense to ensure The legislative clerk proceded to call in many ways. First, the bill would cre- that defense acquisition programs are the roll. ate a new Senate-confirmed Director of based on sound cost estimates. The Mr. DURBIN. Mr. President, I ask Independent Cost Assessment and Pro- independence of that office is new, and unanimous consent that the order for gram Evaluation to be the ‘‘principal it is essential. That person goes di- the quorum call be rescinded. cost estimation official’’ at the Depart- rectly to the Office of the Secretary of The PRESIDING OFFICER. Without ment. Defense, not as the situation is now objection, it is so ordered. The bill also mandates that the De- where there is a level of bureaucracy Mr. DURBIN. Mr. President, I ask partment carefully balance cost, sched- between the cost estimator and asses- unanimous consent that the Senate ule, and performance as part of the re- sor and the Secretary of Defense. now proceed to the conference report quirements development process, build- Second, we require the Department to accompany S. 454 and vote imme- ing discipline into the procurement to rebuild systems engineering and de- diately on adoption of the conference process long before a request for pro- velopmental testing organizations and report; that upon adoption of the con- posals is issued or a contract is award- capabilities which have been almost ference report, the Senate then resume ed. dismantled or reduced significantly. consideration of H.R. 2346 and the I applaud the ‘‘bright lines’’ this leg- We want to ensure that design prob- McConnell amendment No. 1136, as islation would establish regarding or- lems are understood and addressed modified by the Levin language to the ganizational conflicts of interest by early in the process. McConnell amendment, with the time DOD contractors. These reforms would Third, we establish mechanisms to equally divided and controlled between strengthen the wall between govern- ensure early tradeoffs are made be- Senators MCCONNELL and DURBIN or ment employees and contractors, help- tween cost, schedule, and performance their designees; that upon disposition ing to ensure that ethical boundaries objectives so that we do not over- of the McConnell amendment, the Sen- are respected. While contractors are commit to what the Secretary of De- ate then proceed to vote in relation to important partners with military and fense has called ‘‘exquisite’’ program the Brownback amendment No. 1140, as civilian employees at DOD, their roles requirements. modified; that prior to the first and and responsibilities must be well de- Fourth, we require the increased use third vote, there be 2 minutes of debate fined and free of conflicts of interest as of competitive prototyping so that we equally divided and controlled in the they undertake their critical work sup- select the best systems and prove they usual form; that after the first vote in porting our Nation’s military. can work before we start building this sequence, the succeeding votes be I appreciate the conferees including them. 10 minutes in duration, with no amend- an amendment that I offered on the Fifth, we establish new requirements ments in order to the amendments in floor with Senator CLAIRE MCCASKILL for continuing competition. this agreement. regarding earned value management, Sixth, we address the problem of or- The PRESIDING OFFICER. Without EVM. EVM provides important visi- ganizational conflicts of interest to en- objection, it is so ordered. bility into the scope, schedule, and cost sure we get the best possible results Under the previous order, the Senate of a program in a single integrated sys- out of the defense industry. will proceed to the consideration of the tem, and when properly applied, EVM

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5685 can provide an early warning of per- a program before allowing it to go for- Burris Hutchison Nelson (NE) formance problems. ward. Cantwell Inhofe Nelson (FL) Cardin Inouye Pryor GAO has observed that contractor re- It builds in additional checkpoints to Carper Isakson Reed porting on EVM often lacks consist- help make sure that programs are Casey Johanns Reid ency, leading to inaccurate data and ready on time. Chambliss Johnson Risch Coburn Kaufman faulty application of the EVM metric. It enhances the R&D capabilities at Roberts Cochran Kerry Sanders In other words, garbage in, garbage the Department of Defense. Numerous Collins Klobuchar Schumer out. studies have found that the R&D capa- Conrad Kohl Sessions Corker Kyl The conference report would require Shaheen bilities of the Army, Navy, and Air Cornyn Landrieu Shelby that the Department of Defense issue Force are in desperate need of Crapo Lautenberg Snowe an implementation plan for applying DeMint Leahy strengthening. Specter EVM consistently and reliably to all It requires defense contractors to Dodd Levin Dorgan Lieberman Stabenow projects that use this project manage- build a strong wall between their R&D Durbin Lincoln Tester ment tool. and construction offices when both of- Ensign Lugar Thune The implementation plan would also fices work on the same defense project. Enzi Martinez Udall (CO) provide enforcement mechanisms to Feingold McCain Udall (NM) Finally, it gives combatant com- Feinstein McCaskill Vitter ensure that contractors establish and manders more authority to procure Gillibrand McConnell Voinovich use approved EVM systems and require products that meet the immediate Graham Menendez Warner DOD to consider the quality of the con- needs of troops in theater. Grassley Merkley Webb Gregg Mikulski Whitehouse tractor’s EVM systems and reporting Secretary Gates has been rightly Hagan Murkowski Wicker in the past performance evaluation for frustrated with the inability of the reg- Harkin Murray Wyden a contract. With improved EVM data ular procurement process to field NOT VOTING—4 quality, both the government and the equipment, like MRAPs, that are need- Byrd Kennedy contractor will be able to improve pro- ed immediately by troops on the Hatch Rockefeller gram oversight, leading to better ac- ground. This legislation will help The conference report was agreed to. quisition outcomes. change that. Mr. DURBIN. I move to reconsider The conference report would I commend Senators LEVIN and the vote by which the conference re- strengthen the Department’s acquisi- MCCAIN for their leadership in devel- port was adopted. tion planning, increase and improve oping this thoughtful and needed legis- Mr. MENENDEZ. I move to lay that program oversight, and help prevent lation. I look forward to its being motion on the table. contracting waste, fraud, and mis- signed into law by President Obama. The motion to lay on the table was management. Ultimately, it will help The PRESIDING OFFICER. There is agreed to. ensure that our military personnel now 2 minutes of debate equally di- have the equipment they need, when vided prior to a vote on the adoption of f they need it, and that tax dollars are the conference report. not wasted on programs that were Mr. LEVIN. Mr. President, both Sen- SUPPLEMENTAL APPROPRIATIONS doomed to fail. ator MCCAIN and I spoke on this mat- ACT, 2009—Continued Mr. DURBIN. Mr. President, the ter. I ask unanimous consent to yield AMENDMENT NO. 1136 Weapons Systems Acquisition Reform back all remaining time. I think I can The PRESIDING OFFICER. Under Act of 2009 takes steps in the right di- do this with the consent of Senator the previous order, the Senate will re- rection to reform the way the Depart- MCCAIN. sume consideration of H.R. 2346, and ment of Defense buys major weapons The PRESIDING OFFICER. Without there will be 10 minutes of debate prior systems. objection, it is so ordered. When it comes to these multi-billion- to a vote in relation to amendment No. The question is on agreeing to the 1136 offered by the Senator from Ken- dollar systems, the challenges of man- conference report. aging acquisitions are tremendous. tucky, Mr. MCCONNELL. Mr. LEVIN. Mr. President, I ask for The Senator from Illinois. Officials at the Department of De- the yeas and nays. fense manage 96 major defense acquisi- Mr. DURBIN. Mr. President, I urge The PRESIDING OFFICER. Is there a my colleagues to take a close look at tion programs—the Department’s most sufficient second? expensive programs. Senator MITCH MCCONNELL’s amend- There appears to be a sufficient sec- ment, which is next up to be consid- Each program costs hundreds of mil- ond. lions of dollars to research and develop ered. Particularly, I ask you to turn to The clerk will call the roll. page 3 of this amendment. You will and billions of dollars more to pur- The bill clerk called the roll. chase. Together, these programs ac- find in the first paragraph on page 3 a Mr. DURBIN. I announce that the troubling requirement which Senator count for $1.6 trillion in defense spend- Senator from West Virginia (Mr. ing. MCCONNELL will make of this adminis- BYRD), the Senator from Massachusetts These major defense acquisition pro- tration. (Mr. KENNEDY), and the Senator from grams have seen a shocking growth in What Senator MCCONNELL is asking West Virginia (Mr. ROCKEFELLER) are is that 60 days from the passage of this cost. Over the last 20 years, the costs of necessarily absent. these programs have ballooned by $296 bill and every 90 days thereafter, the I further announce that if present President of the United States provide billion. and voting, the Senator from West Vir- Costs especially exploded during the to Members of the Senate and the ginia (Mr. ROCKEFELLER), would vote previous administration. Since 2003, House: ‘‘yea.’’ the cost of major defense acquisition a current summary of the evidence, intel- Mr. KYL. The following Senator is programs rose by $113 billion. ligence, and information used to justify the necessarily absent: the Senator from The Weapons Systems Acquisition detention of each detainee listed under para- Utah (Mr. HATCH). Reform Act of 2009 takes important graph (1) at Naval Station Guantanamo Bay. The PRESIDING OFFICER. Are there steps to bring this spending under con- It is not enough for Senator MCCON- any other Senators in the Chamber de- trol, without compromising on the NELL to ask for the identity of these siring to vote? quality of the systems purchased. people, the countries they are from, The result was announced—yeas 95, This is not the first time Congress the likelihood they will be transferred nays 0, as follows: has tried to reform the defense acquisi- to some other place, the likelihood tion process. Nor will it likely be the [Rollcall Vote No. 197 Leg.] they might be engaged in terrorism, he last. But it is an important step at a YEAS—95 is asking for the President to disclose critical time. Akaka Begich Boxer the work product of the prosecutors The legislation would create an inde- Alexander Bennet Brown who are holding these detainees and de- Barrasso Bennett Brownback pendent director of cost assessment Baucus Bingaman Bunning termining whether a criminal case can who would verify the estimated cost of Bayh Bond Burr be brought against them. For what

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5686 CONGRESSIONAL RECORD — SENATE May 20, 2009 earthly purpose? Why would we pos- entirely successful at keeping detain- ous. This is false. The administration sibly want to jeopardize the prosecu- ees from rejoining the fight after reha- says it already has begun its review of tion of someone who may be guilty of bilitation. detainees. My amendment simply asks terrorism or a crime threatening the This is a simple amendment that re- that it share with us the details of that United States? To satisfy our curi- flects the concerns that Americans review. Subsequent reports would be osity? I think it is a mistake. have about the danger of releasing ter- made on a quarterly basis, which is I will tell my colleagues, if it is sent rorists, either here or in their home hardly onerous, particularly given the to us even in classified form, it might countries, where they could then, of gravity of the issue. be leaked. In addition, if a trial should course, return to the fight. Until now, Americans would like to have assur- follow, one of the first discovery mo- the administration has offered vague ance that the President’s arbitrary tions from any defendant is this infor- assurances—quite vague assurances— deadline to close Guantanamo by next mation: Judge, if the President can that it will not do anything to make January will pose no threat to them- share this information with 535 Mem- Americans less safe. This amendment selves or their families. In fact, just bers of Congress, the defendant should says Americans expect more than a today—this very day—FBI Director be able to see the information as well. vague assurance, and it would require Mueller testified before a House Judici- Why would we possibly want to jeop- it. ary Committee about his concerns that ardize a prosecution to satisfy the curi- Some have argued such a reporting detainees who are currently held at osity of the Senator from Kentucky, or requirement would reveal classified in- Guantanamo could present a serious any Senator for that matter? formation. We just heard the Senator risk not only upon transfer to their This paragraph should have been from Illinois say that. Nothing could home countries but even upon transfer stricken. The rest of it you may find be further from the truth. It would to maximum security prisons in the good or bad, but this is a dangerous simply require the administration to United States. He cited concerns for paragraph. share this information with a very lim- their ability to radicalize others and to I reserve the remainder of my time. ited, specific group in Congress with conduct terrorist operations. The PRESIDING OFFICER. The Re- relevant oversight responsibilities As to the latter, he cited gang lead- publican leader is recognized. which already has access to the most ers who have been able to run their Mr. MCCONNELL. Mr. President, it is classified information imaginable—the gangs from prison as proof that terror- my understanding that earlier in the very same people who already have ac- ists could—I will continue on leader day my good friend from Illinois was cess to this information. time, Mr. President. suggesting that I had been a Johnny- Some have said a reporting require- The FBI Director just today cited the come-lately on the issue of Guanta- ment isn’t necessary. This is also false. following: The possibility that gang namo. So I would like to remind my First, because we know the recidivism leaders who have been able to run their colleagues that I offered an amend- rate of detainees who weren’t even con- gangs from prison as proof that terror- ment 2 years ago right here on the sidered a serious threat—this is the ists could do the same. Imagine that. floor of the Senate that passed 94 to 3 people they let go because they didn’t Terrorists in a prison in your home opposing bringing people at Guanta- think they were a serious threat—12 State organizing other prisoners. namo to the United States, and I be- percent of them have gone back to the The Director of the FBI has access to lieve my good friend from Illinois was fight. It is perfectly clear we need to classified information. We recognize not among the 3. know whether any of the current de- him as one of our Nation’s top law en- I would also remind him that I dif- tainees who may be released in the fu- forcement officials. He is someone who fered with the opinion of the previous ture pose a similar or even greater should be taken seriously. That is what President that Guantanamo ought to threat of returning to the battle. More- he said today. be closed. I don’t think it ought to be over, a reporting requirement has prov- Americans don’t want terrorists plot- closed; I think it ought to be left open. en to be necessary by the simple fact ting attacks against us anywhere. I also have differed with other Repub- that the administration has been so re- They certainly don’t want them doing licans on our side who have believed luctant to share any details whatso- so in our backyards or down the road in that Guantanamo ought to be closed, ever about its plans for the inmates at the local prison. And Americans don’t but none of them have said: Until you Guantanamo. want terrorists whom we release at- have a game plan for what to do with Senator SESSIONS, the ranking mem- tacking our service men and women them. ber of the Judiciary Committee, has overseas. That is why the administra- We had the vote earlier today, with made at least two formal requests for tion should be required to let us know only six Senators dissenting on this information from the Attorney Gen- whether any terrorists released or Guantanamo issue and about whether eral: First, in a letter of April 2 and, transferred from Guantanamo pose a there would be money not only in this second, in a letter of April 4. To this risk to our military servicemembers bill but in any other bill spent for the day, Senator SESSIONS has not received overseas. That is what my amendment purpose of bringing these detainees to a reply to either one. If the administra- would do. the United States. tion isn’t willing to share information With all due respect to my friend Now let’s talk about what this on these terrorists voluntarily, except, from Illinois, any other characteriza- amendment does—the one the Senator of course, with those folks in Europe, tion of it, I must suggest, would be in- from Illinois was just describing incor- then Congress will have to require it accurate. rectly, in my view. My amendment through the kind of legislation my I urge the approval of the amend- calls on the administration to share its amendment represents. ment. findings with Congress in a classified Some have argued this reporting re- Mr. DURBIN. Mr. President, how report—a classified report—that would quirement would also hinder prosecu- much time remains? indicate the likelihood of detainees re- tions by making evidence public. We The PRESIDING OFFICER. The Sen- turning to terrorism—we know many just heard that from my good friend ator has 21⁄2 minutes. of them have been doing that—the like- from Illinois. This is also false for rea- Mr. DURBIN. Mr. President, I won’t lihood of their returning to terrorism. sons I have already enumerated. It dwell on the double standard. I won’t It would also report on any effort al- would only require a summary of the dwell on the fact that when President Qaida might be making to recruit de- administration’s findings, and the sum- Bush suggested Guantanamo be closed, tainees once they are released from mary would only have to be shared I don’t recall a single Republican Sen- U.S. custody. The last requirement is with a small group—a very small ator—certainly not Senator MCCON- particularly important, given that group—of Members in a classified set- NELL or those who have spoken re- many of the remaining 240 detainees at ting. This has never disrupted prosecu- cently—objecting. I won’t dwell on the Guantanamo are from Yemen, which tions in the past. It will not disrupt fact that when there were releases of has no rehabilitation program to speak prosecutions in the future. hundreds of detainees from Guanta- of, and from Saudi Arabia which has a Some have further suggested that a namo, there was no requirement of an rehab program but which hasn’t been reporting requirement would be oner- accounting by the Republican side of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5687 the aisle about these people and where Further, if present and voting, the this experience and it was unpleasant. Let they were headed. I certainly won’t Senator from Utah (Mr. HATCH) would someone else have it. argue the double standard that this have voted ‘‘yea.’’ I think we need to consult with the President has stepped forward and said The PRESIDING OFFICER. Are there local communities and let them speak. he will come forward with a plan in de- any other Senators in the Chamber de- That is why I urge a unanimous vote in tail of how to do this in a responsible siring to vote? favor of this sense-of-the-Senate way. The result was announced—yeas 92, amendment. Does anyone in this Chamber seri- nays 3, as follows: The PRESIDING OFFICER. Who ously believe President Obama would [Rollcall Vote No. 198 Leg.] yields time? release a terrorist into their commu- YEAS—92 The Senator from Hawaii is recog- nity, into their neighborhood? Can you Akaka Enzi Merkley nized. really say that with a straight face? I Alexander Feingold Mikulski Mr. INOUYE. Mr. President, I am for don’t think you can. The American Barrasso Feinstein Murkowski it. people know better. This President is Baucus Gillibrand Murray I yield back the remainder of my Bayh Graham responsible. Like every President, he Nelson (NE) time. wants to protect us, and to suggest Begich Grassley Nelson (FL) Bennet Gregg Pryor The PRESIDING OFFICER. All time otherwise is not responsible. Bennett Hagan Reed is yielded back. The Senator from Kentucky has dis- Bingaman Harkin Reid Mr. BROWNBACK. Mr. President, I cussed many things today. He has Bond Hutchison Risch Boxer Inhofe ask for the yeas and nays. Roberts failed to note that we currently have in Brown Inouye Sanders The PRESIDING OFFICER. Is there a U.S. prisons 347 inmates being held for Brownback Isakson Schumer sufficient second? There is a sufficient terrorism. Currently, in your Federal Bunning Johanns Sessions second. prison in your State in your backyard, Burr Johnson Cantwell Kaufman Shaheen The question is on agreeing to the in your neighborhood, according to the Cardin Kerry Shelby Snowe amendment. Senator from Kentucky, 347 convicted Carper Klobuchar The clerk will call the roll. terrorists are in our prisons today—not Casey Kohl Specter Stabenow The assistant legislative clerk called at Guantanamo, in our prisons. Chambliss Kyl Coburn Landrieu Tester the roll. I will get back to the bottom line. Cochran Lautenberg Thune Mr. DURBIN. I announce that the Why in the world would we jeopardize Udall (CO) Collins Levin Senator from West Virginia (Mr. the prosecution of any detainee at Conrad Lieberman Udall (NM) Guantanamo with the requirement of Corker Lincoln Vitter BYRD), the Senator from Massachusetts Voinovich the McConnell amendment that the Cornyn Lugar (Mr. KENNEDY), and the Senator from Crapo Martinez Warner West Virginia (Mr. ROCKEFELLER) are President disclose evidence, intel- DeMint McCain Webb ligence, and information to justify the Dodd McCaskill Whitehouse necessarily absent. detention of the detainee? It is far bet- Dorgan McConnell Wicker Mr. KYL. The following Senators are ter for us not to request that informa- Ensign Menendez Wyden necessarily absent: the Senator from tion and successfully prosecute that NAYS—3 Utah (Mr. HATCH) and the Senator from person than to satisfy the curiosity of Burris Durbin Leahy Oklahoma (Mr. COBURN). Further, if present and voting, the the Senator from Kentucky. NOT VOTING—4 I yield the floor. Senator from Utah (Mr. HATCH) would Mr. MCCONNELL. Mr. President, I Byrd Kennedy have voted ‘‘yea.’’ Hatch Rockefeller wish to retain some of my leader time The PRESIDING OFFICER. Are there for rebuttal. The amendment (No. 1136), as modi- any other Senators in the Chamber de- Let me just use a moment of my fied, was agreed to. siring to vote? leader time to reiterate the funda- AMENDMENT NO. 1140, AS MODIFIED The result was announced—yeas 94, mental point. The Director of the FBI The PRESIDING OFFICER. Under nays 0, as follows: thinks this is a problem; he just said so the previous order, there will be 2 min- [Rollcall Vote No. 199 Leg.] today. I know the Senator from Illinois utes of debate prior to the vote in rela- YEAS—94 is a great lawyer and understands all of tion to amendment No. 1140, as modi- Akaka Enzi Merkley these matters fully. We think it is im- fied, offered by the Senator from Kan- Alexander Feingold Mikulski portant for the relevant Members of sas, Mr. BROWNBACK. Barrasso Feinstein Murkowski Congress to be assured that these ter- The Senator from Kansas is recog- Baucus Gillibrand Murray Bayh Graham rorists do not have the kind of profile nized. Nelson (NE) Begich Grassley Nelson (FL) that would warrant their release. Mr. BROWNBACK. Mr. President, Bennet Gregg Pryor This is not an attack on the current this is a very simple amendment. I Bennett Hagan Reed Bingaman Harkin administration. The previous adminis- Reid hope we can get everybody’s support. I Bond Hutchison Risch tration mistakenly released a number wish to read it because it is so short, Boxer Inhofe of detainees who went back to the bat- simple, and straightforward: Brown Inouye Roberts tlefield. Why should we not learn from Brownback Isakson Sanders It is the sense of the Senate that the Sec- Schumer the experience of the past and apply it Bunning Johanns retary of Defense should consult with State Burr Johnson Sessions to the future? I hope my amendment and local government officials before making Burris Kaufman Shaheen will be adopted. any decision about where detainees at Naval Cantwell Kerry Shelby Mr. President, I ask for the yeas and Station Guantanamo Bay, Cuba, might be Cardin Klobuchar Snowe nays. transferred, housed, or otherwise incarcer- Carper Kohl Specter ated as a result of the implementation of the Casey Kyl Stabenow The PRESIDING OFFICER. Is there a Chambliss Landrieu Executive Order of the President to close the Tester sufficient second? Cochran Lautenberg Thune detention facilities at Naval Station Guanta- There appears to be. Collins Leahy Udall (CO) The question is on agreeing to the namo Bay. Conrad Levin Udall (NM) amendment. We should all be for that. We put this Corker Lieberman Vitter Cornyn Lincoln Voinovich The clerk will call the roll. as ‘‘should’’ instead of a requirement. Crapo Lugar Warner The legislative clerk called the roll. In Leavenworth, KS, they are very con- DeMint Martinez Webb Mr. DURBIN. I announce that the Dodd McCain cerned about this. They need to be con- Whitehouse Senator from West Virginia (Mr. Dorgan McCaskill sulted. In Alexandria, VA, the 20th hi- Durbin McConnell Wicker YRD B ), the Senator from Massachusetts jacker, Moussaoui, was tried, and here Ensign Menendez Wyden (Mr. KENNEDY), and the Senator from is what the mayor of Alexandria said: NOT VOTING—5 West Virginia (Mr. ROCKEFELLER) are We would be absolutely opposed to relo- necessarily absent. cating Guantanamo prisoners to Alexandria. Byrd Hatch Rockefeller Coburn Kennedy Mr. KYL. The following Senator is We would do everything in our power to necessarily absent: the Senator from lobby the President, the Governor, Congress, The amendment (No. 1140), as modi- Utah (Mr. HATCH). and everybody else to stop it. We have had fied, was agreed to.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5688 CONGRESSIONAL RECORD — SENATE May 20, 2009 The PRESIDING OFFICER. The ma- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in jority leader. ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special Mr. REID. Mr. President, I have con- Secretary of the Treasury is authorized to Drawing Rights. (b) SUBJECT TO APPROPRIATIONS.—The au- ferred with the bill managers, and I am instruct the United States Executive Direc- tor to consent to such amendments notwith- thority provided by subsection (a) shall be told this will be the last rollcall vote standing subsection (d) of this section, and effective only to such extent or in such tonight. There is still opportunity for to make loans, in an amount not to exceed amounts as are provided in advance in appro- people to talk to the managers about the dollar equivalent of 75,000,000,000 Special priations Acts.’’ amendments they wish to offer or try Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT to work things out so they can accept previously authorized under this section and OF THE FUND’S GOLD. them. Senator INOUYE is willing to ac- limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- cept a number of amendments, but we advance in appropriations Acts, except that thorized to instruct the United States Exec- utive Director of the Fund to vote to approve need unanimous consent to do that. prior to activation, the Secretary of the Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the We are going to have a cloture vote supplementary resources are needed to fore- Fund’s gold acquired since the second probably about 10 or 10:30 in the morn- stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- ing. We will decide what time we are international monetary system and whether ment, only if such sales are consistent with going to come in tomorrow morning—9 the Fund has fully explored other means of the guidelines agreed to by the Executive or 9:30—and have a cloture vote 1 hour funding, to the Fund under article VII, sec- Board of the Fund described in the Report of after that. The Parliamentarians will tion 1(i), of the Articles of Agreement of the the Managing Director to the International be working tonight to find out what Fund: Provided, That prior to instructing Monetary and Financial Committee on a New Income and Expenditure Framework for amendments are germane postcloture. the United States Executive Director to provide consent to such amendments, the Sec- the International Monetary Fund (April 9, AMENDMENT NO. 1191 retary of the Treasury shall consult with the 2008) to prevent disruption to the world gold Mr. LEAHY. Will the distinguished Committee on Foreign Relations and the market: Provided, That at least 30 days prior majority leader yield? Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult The PRESIDING OFFICER. The Sen- Affairs of the Senate and the Committee on with the Committee on Foreign Relations ator from Vermont. Financial Services of the House of Rep- and the Committee on Banking, Housing, Mr. LEAHY. Mr. President, I want to resentatives on the amendments to be made and Urban Affairs of the Senate and the Committee on Financial Services of the call up an amendment and have it to the New Arrangements to Borrow, including guidelines and criteria governing the use House of Representatives regarding the use pending to H.R. 2346, an amendment of its resources; the countries that have of proceeds from the sale of such gold: Pro- numbered 1191. made commitments to contribute to the New vided further, That the Secretary of the The PRESIDING OFFICER. Is there Arrangements to Borrow and the amount of Treasury shall seek to ensure that: objection? such commitments; and the steps taken by (1) the Fund will provide support to low-in- Mrs. HUTCHISON. Mr. President, I the United States to expand the number of come countries that are eligible for the Pov- object. countries so the United States share of the erty Reduction and Growth Facility or other The PRESIDING OFFICER. Objec- expanded New Arrangements to Borrow is low- income lending from the Fund by mak- representative of its share as of the date of ing available Fund resources of not less than tion is heard. $4 billion; Mr. LEAHY. Mr. President, I under- enactment of this act: Provided further, That any loan under the authority granted (2) such Fund resources referenced above stand objection has been heard. Among in this subsection shall be made with due re- will be used to leverage additional support the people on this amendment are Sen- gard to the present and prospective balance by a significant multiple to provide loans ator GREGG, Senator SHELBY, myself, of payments and reserve position of the with substantial concessionality and debt and Senators KERRY and DODD, as well United States.’’ service payment relief and/or grants, as appropriate to a country’s circumstances; as Senator LUGAR. and (2) in subsection (b) (3) support provided through forgiveness of Mrs. HUTCHISON. Mr. President, I (A) by inserting ‘‘(1)’’ before ‘‘For the pur- interest on concessional loans will be pro- withdraw my objection. pose of; vided for not less than two years; and Mr. LEAHY. I thank the Senator for (B) by inserting ‘‘subsection (a)(1) of after (4) the support provided to low-income withdrawing her objection. Again, I ‘‘pursuant to’’; and countries occurs within six years, a substan- ask unanimous consent to call up (C) by adding at the end the following: tial amount of which shall occur within the amendment No. 1191 to the bill. ‘‘(2) For the purpose of making loans to the initial two years. International Monetary Fund pursuant to (b) In addition to agreeing to and accepting The PRESIDING OFFICER. Is there subsection (a)(2) of this section, there is the amendments referred to in section 64 of any objection to setting aside the pend- hereby authorized to be appropriated not to this act relating to the use of proceeds from ing amendments? exceed the dollar equivalent of 75,000,000,000 the sale of such gold, the United States Gov- Without objection, the clerk will re- Special Drawing Rights, in addition to any ernor is authorized, consistent with sub- port. amounts previously authorized under this section (a), to take such actions as may be The legislative clerk read as follows: section, except that prior to activation the necessary, including those referred to in sec- Secretary of the Treasury shall report to tion 5(e) of this act, to also use such proceeds The Senator from Vermont [Mr. LEAHY], Congress on whether supplementary re- for the purpose of assisting low-income coun- for himself and Mr. KERRY, proposes an amendment numbered 1191. sources are needed to forestall or cope with tries.’’ an impairment of the international mone- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE Mr. LEAHY. I ask unanimous con- tary system and whether the Fund has fully ARTICLES OF AGREEMENT OF THE sent that further reading of the amend- explored other means of funding, to remain FUND. ment be dispensed with. available until expended to meet calls by the ‘‘The United States Governor of the Fund The PRESIDING OFFICER. Without Fund. Any payments made to the United may agree to and accept the amendment to objection, it is so ordered. States by the Fund as a repayment on ac- the Articles of Agreement of the Fund as The amendment is as follows: count of the principal of a loan made under proposed in the resolution numbered 54–4 of this section shall continue to be available for the Board of Governors of the Fund which (Purpose: To provide for consultation and re- loans to the Fund.’’. was approved by such Board on October 22, ports to Congress regarding the Inter- SEC. 1302. The Bretton Woods Agreements 1997: Provided, That not more than one year national Monetary Fund) Act (22 U.S.C. 286 et seq.) is amended by add- after the acceptance of such amendments to On page 102, line 9, strike ‘‘In’’ and every- ing at the end the following: the Fund’s Articles of Agreement, the Sec- thing thereafter through the end of line 14 on ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE retary of the Treasury shall submit a report page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE to the Committee on Foreign Relations and lowing: FUND. the Committee on Banking, Housing, and In order to carry out the purposes of a one- ‘‘The United States Governor of the Fund Urban Affairs of the Senate and the Com- time decision of the Executive Directors of may agree to and accept the amendments to mittee on Financial Services of the House of the International Monetary Fund (the Fund) the Articles of Agreement of the Fund as Representatives analyzing Special Drawing to expand the resources of the New Arrange- proposed in the resolutions numbered 63–2 Rights, to include a discussion of how those ments to Borrow, established pursuant to the and 63–3 of the Board of Governors of the countries that significantly use or acquire decision of January 27, 1997 referred to in Fund which were approved by such Board on Special Drawing Rights in accordance with paragraph (1) above, and to make other April 28, 2008 and May 5, 2008, respectively.’’ Article XIX, Section 2(c), use or acquire amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. them; the extent to which countries experi- Borrow to achieve an expanded and more ‘‘(a) IN GENERAL.—The United States Gov- encing balance of payment difficulties ex- flexible New Arrangements to Borrow as con- ernor of the Fund may consent to an in- change or use their Special Drawing Rights

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5689 to acquire reserve currencies; and the man- with everyone who is affected. I have dealers, and I ask unanimous consent ner in which those reserve currencies are ac- talked to the chairman of the Banking to be listed as a cosponsor of the quired when utilizing Special Drawing Committee who has agreed to clear amendment. Rights.’’ this if it meets all the tests so it will Mrs. HUTCHISON. I thank the Sen- Mr. LEAHY. Mr. President, I yield not hurt the bankruptcy. But these ator, and I would be glad to list the the floor. dealers are forced into bankruptcy too, Senator as a cosponsor. The PRESIDING OFFICER. The Sen- and I hope we can give them just 60 The PRESIDING OFFICER. Without ator from Texas. days instead of 3 weeks. It is only add- objection, it is so ordered. AMENDMENT NO. 1189 ing 3 weeks. They will then have much Mrs. HUTCHISON. Mr. President, I Mrs. HUTCHISON. Mr. President, I more capability to have an orderly also ask unanimous consent that Sen- would like to call up amendment No. process to shut down their businesses. ators COCHRAN, BROWN, MCCASKILL, and 1189, also for the purposes of having it We are not trying to affect the deci- BOND be listed as cosponsors. pending, and then I would like to speak sion. We are not trying to reach into The PRESIDING OFFICER. Without about what I am trying to do with the Chrysler’s decisions that they have objection, it is so ordered. majority. made that will shut down these dealer- The Senator from Oregon. The PRESIDING OFFICER. Is there ships. We are just asking for 3 more AMENDMENT NO. 1185 objection? weeks to let them shut down in, hope- Mr. MERKLEY. Mr. President, I ask Without objection, the clerk will re- fully, a little bit better situation. Let unanimous consent to set aside the port. them get some help to know what they pending amendment and call up The legislative clerk read as follows: have to do and to sell all the parts, all amendment No. 1185, which is at the The Senator from Texas [Mrs. HUTCHISON] the equipment, and try to get their fi- desk. proposes an amendment numbered 1189. nancial arrangements in order. The PRESIDING OFFICER. Is there Mrs. HUTCHISON. Mr. President, I This will also be good for the sur- objection? ask unanimous consent the reading of viving dealerships because, hopefully, Without objection, it is so ordered. the amendment be dispensed with. they are going to buy some of this The clerk will report. The PRESIDING OFFICER. Without equipment, and they will need financ- The assistant legislative clerk read objection, it is so ordered. ing to do that as well. Our taxpayers as follows: The amendment is as follows: are funding a lot of auto manufactur- The Senator from Oregon [Mr. MERKLEY] proposes an amendment numbered 1185. (Purpose: to protect auto dealers) ers’ operations. I think the least we At the appropriate place, insert the fol- can do for many of those people who Mr. MERKLEY. Mr. President, I ask lowing new section: are paying these taxes—and that is the unanimous consent that further read- No funds shall be expended from the Treas- dealers—is to give them a chance. ing of the amendment be dispensed ury to an auto manufacturer which has noti- I have a list of the number of dealers with. fied a dealership that it will be terminated in these States that are getting shut The PRESIDING OFFICER. Without without providing at least 60 days for that down, and I am just asking for some objection, it is so ordered. dealership to wind down its operations and kind of equity for them. It is not eq- The amendment is as follows: sell its inventory. uity when they are going to be shut (Purpose: To express the sense of the Senate Mrs. HUTCHISON. Mr. President, down anyway, but 3 weeks is just not on the use by the Department of Defense of this amendment I have put on the rational. funds in the Act for operations in Iraq in a table, and which is now pending, I So I don’t want to hurt the Chrysler manner consistent with the United States– think is so important because we must situation. I don’t want to delay their Iraq Status of Forces Agreement) try to help the Chrysler dealers that bankruptcy. I don’t want to in any way At the appropriate place in title III, insert the following: have only gotten 3 weeks’ notice to obstruct what they are trying to do be- shut down. I am working with the Sen- cause I want Chrysler to succeed. I do. SENSE OF SENATE ON USE OF FUNDS FOR OPERATIONS IN IRAQ ators from Michigan who have con- So I am going to work with the Sen- cerns about whether this amendment ators from Michigan, and I am going to SEC. 315. It is the sense of the Senate that funds appropriated or otherwise made avail- would in any way delay the bankruptcy work with the White House to try to proceedings so that Chrysler can come able to the Department of Defense by this come up with language that would say title for operations in Iraq should be utilized out of that, and I do not want to dis- this doesn’t delay the bankruptcy, and for those operations in a manner consistent rupt that whole effort that is being try to go forward and give these deal- with the United States–Iraq Status of Forces made to help Chrysler. So we are workers that 3 extra weeks—the 3 weeks Agreement, including specifically that— ing with the White House and with the that will help them have an orderly (1) the United States combat mission in Senators from Michigan and the people shutdown and, hopefully, keep their Iraq will end by August 31, 2010; who are representing Chrysler to try to employees a little longer because this (2) any transitional force of the United States remaining in Iraq after August 31, come up with language that will assure is a big hit to many people in this that nothing that we do would affect 2010, will have a mission consisting of— country—789 dealerships, 3 weeks’ no- (A) training, equipping, and advising Iraqi the timeliness of Chrysler being able to tice, Mr. President. I don’t think that Security Forces as long as they remain non- come out of bankruptcy and the courts. is the way our country should be oper- sectarian; What we are trying to do, however, ating in this crisis. (B) conducting targeted counter-terrorism should not cost Chrysler anything. We Ms. MIKULSKI. Mr. President, will missions; and want to try to move forward, if we can, the Senator yield for a question? (C) protecting the ongoing civilian and to get this agreement and the correct Mrs. HUTCHISON. I will be happy to military efforts of the United States within Iraq; and language so as not to affect the bank- yield. ruptcy in any way but to give these (3) through continuing redeployments of The PRESIDING OFFICER. The Sen- the transitional force of the United States dealers more than 3 weeks’ notice for ator from Maryland. remaining in Iraq after August 31, 2010, all shutting down a dealership that has Ms. MIKULSKI. I will only take a United States troops present in Iraq under been in their family or one that they moment because I know the Senator the United States–Iraq Status of Forces own and in which they have made their from Oregon is on a tight schedule and Agreement will be redeployed from Iraq by investments. They are looking at bank- wants to call up his amendment. But is December 31, 2011. ruptcy too. the Senator proposing legislation? Mr. MERKLEY. Mr. President, I ask Many times these dealerships are the Mrs. HUTCHISON. I am proposing an unanimous consent that Senator largest employer in a whole commu- amendment that would give just 3 WHITEHOUSE be added as a cosponsor of nity, in a whole county, and we know more weeks to the Chrysler dealers the amendment. hundreds of them—over 700 across this that are going to be shut down—3 more The PRESIDING OFFICER. Without country, 789 on May 14—3 weeks’ notice weeks for that process. objection, it is so ordered. to shut down. Ms. MIKULSKI. I thank the Senator Mr. MERKLEY. Mr. President, the I know we can do better in this coun- for answering the question. I, too, am amendment I offer this evening is very try, Mr. President, and I want to work deeply troubled by the plight of these straightforward. Put simply, I offer

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5690 CONGRESSIONAL RECORD — SENATE May 20, 2009 this amendment to support and affirm egon just to add two more cosponsors That is why I, along with my col- President Obama’s plan to end the war to amendment No. 1189. I ask unani- leagues, Chairman LIEBERMAN, Rank- in Iraq. This amendment expresses the mous consent to add Senator LAUTEN- ing Member COLLINS, and Senator sense of the Senate that the funding BERG and Senator MENENDEZ. MCCASKILL, have introduced S. 104, the provided in this bill will be used in ac- The PRESIDING OFFICER. Without Enhanced Oversight of State and Local cordance with the United States-Iraq objection, it is so ordered. Economic Recovery Act to amend the Status of Forces Agreement signed this The Senator from Oregon. American Recovery and Reinvestment past fall. This agreement—SOFA as it AMENDMENT NO. 1179, AS MODIFIED Act. This measure would set aside up is often referred to—makes it clear Mr. MERKLEY. Mr. President, I ask to one-half of 1 percent of all the stim- that our combat mission in Iraq will unanimous consent that the Kaufman ulus funds and allow State and local end next summer. amendment, No. 1179, be modified with governments to use this administrative President Obama has been unwaver- the changes at the desk. expense reserve to distribute and track ing in his commitment to get our The PRESIDING OFFICER. Is there the stimulus money as it is received troops out of Iraq. He has repeatedly objection? Without objection, the and spent. stated—and in very straightforward amendment is so modified. These costs are currently unfunded, terms—that by August 31, 2010, our The amendment, as modified, is as leaving taxpayers with no concrete as- combat mission in Iraq will end. Presi- follows: surance that their money is being effi- dent Obama has gone further and de- On page 71, between lines 13 and 14, insert ciently delivered to where it is most clared that any troops remaining in the following: needed. Our legislation would change Iraq after that date will be either (g) TRAINING IN CIVILIAN-MILITARY COORDI- that, mandating careful oversight and training Iraqi forces, conducting tar- NATION.—The Secretary of State, in consultation with the Secretary of Defense and strict regulation as every dollar is geted counterterrorism missions, or the Administrator of the United States spent. This measure represents com- protecting U.S. personnel still in Iraq. Agency for International Development, shall mon sense and simple good governance. After 6 years of intense military op- seek to ensure that civilian personnel as- I urge my colleagues to join me as we erations in Iraq, the time has come to signed to serve in Afghanistan receive civil- work to ensure transparency and ac- empower the Iraqis to provide their ian-military coordination training that fo- countability. own national security. We must con- cuses on counterinsurgency and stability op- This bill would be an excellent start, tinue to provide training to protect erations, and shall submit a report to the but I think we should even go further. U.S. personnel in the country and to Committees on Appropriations and Foreign The American people demand not just Relations of the Senate and the Committees conduct narrowly focused counterin- on Appropriations and Foreign Affairs of the basic reform but a sweeping expansion surgency missions when necessary. The House of Representatives not later than 90 of oversight and accountability for United States should also provide fund- days after the date of the enactment of this their stimulus dollars. When this Con- ing for projects that rebuild Iraq’s in- Act detailing how such training addresses gress passed the American Recovery frastructure, strengthen its economy, current and future civilian-military coordi- and Reinvestment Act, and President and improve the living conditions of its nation requirements. Obama signed it into law, we took a citizens. Mr. MERKLEY. Mr. President, I bold step toward starting to rebuild Colleagues, next month, the 41st Bri- yield the floor. our economy. But we must ensure that gade Combat Team of the Oregon Na- The PRESIDING OFFICER. The Sen- our efforts are not penny wise and tional Guard will send 3,000 soldiers to ator from Illinois. pound foolish. Without transparency, Iraq. This is the largest deployment of Mr. BURRIS. Mr. President, I ask without accountability, without over- the Oregon National Guard since World unanimous consent to speak as in sight, we will not be effective. We can- War II. I honor these men and women morning business. not allow billions of dollars to dis- for their valiant and critical service, The PRESIDING OFFICER. Without appear blindly into State treasuries. but I hope in the near future we will objection, it is so ordered. Perhaps these dollars would be spent know that this is the last such deploy- AMENDING THE AMERICAN RECOVERY AND wisely, perhaps not. Perhaps is not ment of our men and women we will REINVESTMENT ACT good enough for the American people send to Iraq. Mr. BURRIS. Mr. President, as I ad- and it is also not good enough for me. I urge adoption of this amendment. dress the Chamber this evening, our As a former comptroller, I know better AMENDMENT NO. 1138 great country is in the grips of an un- than to simply trust that these funds Mr. President, on behalf of Senator precedented economic crisis. In our will be put to good use. That is why I DEMINT, I would like to call up amend- lifetime, it has never been harder for have introduced this bill, to make ment No. 1138 and ask that it be re- American men and women to find a available the funds to track and regu- ported by number. job, to get a loan, or to make ends late every dollar of taxpayers’ money, The PRESIDING OFFICER. Is there meet. This Congress has boldly taken to keep government officials honest objection to setting aside the pending action in the form of a landmark stim- and accountable to the people they amendment? ulus package, but millions of Ameri- serve. Without objection, it is so ordered. cans are still waiting and wondering. It We owe it to the hard-working men The clerk will report. is a question I hear each and every and women of this country to send tar- The assistant legislative clerk read time I travel home to Illinois: Where is geted relief on swift wings, and this as follows: our stimulus relief? They are waiting legislation is an essential part of that. The Senator from Oregon [Mr. MERKLEY], for help, waiting for results, waiting to I thank Chairman LIEBERMAN, Rank- for Mr. DEMINT, proposes an amendment fulfill the promise of the American ing Member COLLINS, and my friend numbered 1138. dream, which suddenly seems just out from the great State of Missouri, Sen- Mr. MERKLEY. Mr. President, I ask of reach. It is our duty to provide relief ator MCCASKILL, for joining me in this unanimous consent that the reading of in a timely manner, Mr. President. But effort. I ask all my colleagues to sup- the amendment be dispensed with. in the rush to allocate stimulus funds, port this essential legislation. We must The PRESIDING OFFICER. Without we must not be too hasty. As we work act without delay. objection, it is so ordered. to get this economy back on track, we I yield the floor. The amendment is as follows: need to make sure that every dollar— I suggest the absence of a quorum. (Purpose: To strike the provisions relating every dollar—is spent wisely. The PRESIDING OFFICER. The to increased funding for the International I have vast experience in this area. clerk will call the roll. Monetary Fund) During my three terms as Comptroller The assistant legislative clerk pro- Beginning on page 100, strike line 12 and of the State of Illinois, I worked hard ceeded to call the roll. all that follows through page 107, line 21. to maintain accountability as money Mr. BENNET. Mr. President, I ask The PRESIDING OFFICER. The Sen- was distributed, so I know how difficult unanimous consent the order for the ator from Texas. it is. quorum call be rescinded. Mrs. HUTCHISON. Mr. President, if I I will also understand the importance The PRESIDING OFFICER. Without could interrupt the Senator from Or- of transparency and robust oversight. objection, it is so ordered.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5691 AMENDMENT NO. 1167 work of the chairman on this impor- ing to safely direct fellow Hybla Valley Mr. BENNET. Mr. President, I ask tant piece of legislation. Elementary School students exit the unanimous consent to set aside the I urge, at the appropriate time, adop- bus when he spotted a vehicle coming pending amendments so that I may call tion of the amendment. towards a 5-year-old girl who was up my amendment No. 1167. I yield the floor and I suggest the ab- crossing in front of the bus. Acting The PRESIDING OFFICER. Without sence of a quorum. quickly, Norman pulled the young girl objection, it is so ordered. The PRESIDING OFFICER. The from harm’s way. His courageous ac- The clerk will report. clerk will call the roll. tions ensured that the girl went The assistant legislative clerk read The assistant legislative clerk pro- unharmed. as follows: ceeded to call the roll. Lulu Beltran showed great foresight The Senator from Colorado [Mr. BENNET], Mr. REID. Mr. President, I ask unan- while performing her duty as an AAA for himself, and Mr. CASEY, proposes an imous consent that the order for the school safety patroller at Dixie Downs amendment numbered 1167. quorum call be rescinded. Elementary School in St. George, UT. The amendment is as follows: The PRESIDING OFFICER. Without While a fellow student was crossing the (Purpose: To require the exclusion of combat objection, it is so ordered. street, Lulu noticed that an approach- pay from income for purposes of deter- AMENDMENT NO. 1201 TO AMENDMENT NO. 1167 ing vehicle was not slowing down. mining eligibility for child nutrition pro- Mr. REID. Mr. President, I have an After assessing the situation, Lulu grams and the special supplemental nutri- amendment at the desk. moved swiftly and pulled her fellow tion program for women, infants, and chil- The PRESIDING OFFICER. The student out of harm’s way. dren) clerk will report. Working with her patrol advisor at On page 4, between lines 2 and 3, insert the The legislative clerk read as follows: Minnehaha Elementary School in Van- following: couver, WA, Sierra Clark acted bravely The Senator from Nevada [Mr. REID] pro- SEC. 103. MILITARY FAMILY NUTRITION PROTEC- to prevent a fifth-grade girl from being TION. poses an amendment numbered 1201 to amendment No. 1167. hit when a vehicle suddenly sped (a) CHILD NUTRITION PROGRAMS.—Section around a corner. As the vehicle ap- 9(b) of the Richard B. Russell National Mr. REID. Mr. President, I ask unan- proached the crossing, Sierra snapped School Lunch Act (42 U.S.C. 1758(b)) is imous consent that the reading of the into action and pushed the girl out of amended by adding at the end the following: amendment be dispensed with. danger. ‘‘(14) COMBAT PAY.— The PRESIDING OFFICER. Without Hunter Turner was patrolling a busy ‘‘(A) DEFINITION OF COMBAT PAY.—In this objection, it is so ordered. paragraph, the term ‘combat pay’ means any intersection near his Strassburg School The amendment is as follows: additional payment under chapter 5 of title in Sauk Village, IL, when a student 37, United States Code, or otherwise des- At the end of the amendment, add the fol- began to cross the street without lowing: ignated by the Secretary to be appropriate checking for cars first. As a car turned for exclusion under this paragraph, that is This section shall become effective 3 days received by or from a member of the United after enactment. the corner, Hunter pulled the student back onto the sidewalk. If not for States Armed Forces deployed to a des- Mr. INOUYE. Mr. President, I certify Hunter’s valiant action, the student ignated combat zone, if the additional pay— that the information required by Sen- would have been struck. ‘‘(i) is the result of deployment to or serv- ate rule XLIV, related to congression- ice in a combat zone; and After only 2 weeks at his school safe- ‘‘(ii) was not received immediately prior to ally directed spending has been avail- ty patrol post at Waterville Primary serving in a combat zone. able on a publicly accessible congres- School in Waterville, OH, Matthew ‘‘(B) EXCLUSION.—Combat pay shall not be sional Web site in a searchable format Krause prevented a kindergartener considered to be income for the purpose of at least 48 hours before a vote on the from stepping off a sidewalk just as a determining the eligibility for free or re- pending bill. duced price meals of a child who is a member truck passed. Matthew’s awareness of of the household of a member of the United f his surroundings and attentiveness to States Armed Forces.’’. MORNING BUSINESS his duties ensured that this 5-year-old (b) SPECIAL SUPPLEMENTAL NUTRITION PRO- remained unscathed. GRAM FOR WOMEN, INFANTS, AND CHILDREN.— Mr. REID. Mr. President, I now ask The five patrollers whom I have spo- Section 17(d)(2) of the Child Nutrition Act of unanimous consent to proceed to a pe- ken of exemplify values such as cour- 1966 (42 U.S.C. 1786(d)(2)) is amended— riod of morning business with Senators age, alertness, and a commitment to (1) by redesignating subparagraph (C) as permitted to speak for up to 10 minutes safety, all of which the AAA School subparagraph (D); and each. (2) by inserting after subparagraph (B) the Safety Patrol Program has promoted The PRESIDING OFFICER. Without over the years. Patrollers throughout following: objection, it is so ordered. ‘‘(C) COMBAT PAY.—For the purpose of de- our Nation serve an important role in termining income eligibility under this sec- f ensuring that our young people safely tion, a State agency shall exclude from in- navigate traffic hazards to and from SCHOOL SAFETY PATROL come any additional payment under chapter school, and I thank them for their LIFESAVING AWARD RECIPIENTS 5 of title 37, United States Code, or otherwise work. designated by the Secretary to be appro- Mr. REID. Mr. President, I rise today f priate for exclusion under this subparagraph, to recognize the actions of the five that is received by or from a member of the young Americans who are this year’s CUBAN INDEPENDENCE DAY United States Armed Forces deployed to a designated combat zone, if the additional School Safety Patrol Lifesaving Award Mr. NELSON of Florida. Mr. Presi- pay— recipients as chosen by the American dent, today I rise on behalf of the peo- ‘‘(i) is the result of deployment to or serv- Automobile Association. ple of Florida and all Americans, to ice in a combat zone; and The American Automobile Associa- recognize Cuban Independence Day. We ‘‘(ii) was not received immediately prior to tion, AAA, began the School Safety Pa- stand in solidarity with the people of serving in a combat zone.’’. trol Program in 1920 as a way to pro- Cuba as they fight for democratic Mr. BENNET. Mr. President, my mote traffic safety amongst school change and independence in their amendment ensures that active-duty children. Since 1949, the AAA School homeland, and struggle for a day when soldiers do not lose family benefits, nu- Safety Patrol Program has awarded its basic dignity and freedom of expression trition benefits that they have come to highest honor, the Lifesaving Award, is possible without fear of persecution. count on. It is wrong that a combat to those patrollers who have acted to Tyranny, dictatorships, and political family would actually loose WIC bene- save the life of another. This year five repression have no place in this hemi- fits and child nutrition benefits just heroic School Safety Patrollers are re- sphere. Now more than ever, the because the military loved one gets ceiving this award, and it is my great United States must continue to press called up. honor to recognize their courageous ac- the Cuban regime, beginning with free- I thank my colleagues Senators tions. ing all political prisoners. We must JOHANNS and CASEY for their support of In nearby Alexandria, VA, Norman never waiver in our support for the this amendment. I appreciate the great Wallace was at his bus patrol post help- Cuban people, as they continue their

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5692 CONGRESSIONAL RECORD — SENATE May 20, 2009 fight for freedom and self-determina- eral in 1990. At the time, Larry was the the solitary trek from Fort Manuel tion. first Native American to be elected to Lisa to inform the Native Americans f a statewide constitutional office any- living near the Clark Fork River that a where in the United States. new trading post had been established. VOTE EXPLANATION And Larry’s path breaking did not On his way back, he viewed the sage- Mr. ENSIGN. Mr. President, I was un- stop there. Shortly after his election, brush flats along the Stinking Water avoidably absent on the afternoon of he began to spread what, at the time, River. Just a century later, the town of May 19, 2009. Had I been present, I was a very new idea—conflicts with Powell would be born—and the river re- would have voted yes on rollcall vote tribes should not be settled in court. named Shoshone. 194, in favor of final passage of H.R. 627, Back then, state AGs were in court In 1906, the U.S. Reclamation Service the Credit Cardholders’ Bill of Rights with the tribes all the time. Nobody established an engineering camp on the Act of 2009. won those cases because the bad blood sagebrush flats and called it Camp f on both sides turned any outcome into Colter. Yet when the townsite was of- CONFIRMATION OF LARRY ECHO a defeat. fered for sale, a new name was nec- HAWK Larry was the first to say, ‘‘We can essary since another location in the do better.’’ And he was right. Big Horn Basin was also named for the Mr. UDALL of New Mexico. I rise I followed Larry’s advice, and as a re- Lewis and Clark explorer. The town’s today to support the nomination of a sult New Mexico’s relationship with forefathers chose to honor Major John man I am proud to call my friend— our tribes was more productive for ev- Wesley Powell, an early explorer, con- Larry Echo Hawk. He is President erybody involved. servationist and reclamationist—and Obama’s nominee to be Assistance Sec- The author Dov Seidman has written the former head of the U.S. Reclama- retary of Indian Affairs. He was ap- that, ‘‘Laws tell you what you can do. tion Service Geodetic Survey. proved unanimously by this body last Values inspire in you what you should Powell is a terrific community. On night. And he is a wonderful choice. do.’’ the town’s centennial blog, Cathy How- Before I talk about why Larry is so Larry knows the law well enough to ard Miller writes, ‘‘Powell—a small qualified for this position, I want to understand what is possible. But, more town where everyone knows you and say a few quick words about how com- importantly, he has the values to know you know them, a place to raise chil- mitted he is to this job. when it is time to expand the realm of dren, where you can feel safe.’’ Cathy’s Larry was a law professor. And as the possible—to break old habits and words sum up the reason why Powell many of you know, that is a pretty try new ideas. He is a leader who can was elected as one of 10 All-America nice job. bring change to a Bureau that des- Cities in 1994. With a population of More importantly, as a former BYU perately needs it. 5,381, its economy is based upon oil, ir- quarterback, Larry was named to be At BIA, we need somebody who can rigated farming, ranching, tourism, the faculty member who oversees the work with tribal governments and trib- and agricultural support services. BYU Athletics Department. al members with an attitude of respect. Home of the Powell High School Pan- What I am saying is, rather than We need somebody who combines a thers and the Northwest College Trap- spending his days being worshipped by deep knowledge of Indian issues with pers, Powell is a great place to live, law students, publishing ground- the compassion that comes from com- work, and raise a family. breaking articles, and watching college mon experience and common culture. Mr. President, I encourage my col- football games from the 50-yard line, We need a great mind connected to a leagues to join me in wishing Powell, Larry has chosen to serve his country great heart. WY, a happy birthday.∑ in the Interior Department. If that is In short, we need Larry Echo Hawk. f not commitment, I don’t know what is. I thank you all for supporting his nom- TRIBUTE TO DR. MYLES BRAND We are very lucky that Larry is so ination. committed to this position because I ∑ Mr. BAYH. Mr. President, today I f can think of nobody who is better suit- recognize a constituent and a dear ed for it. ADDITIONAL STATEMENTS friend, Dr. Myles David Brand, a man Larry’s resume speaks for itself. He of uncommon integrity and vision has the kind of depth and breadth of whose leadership has restored an ethos CELEBRATING THE 100 YEAR experience that would make him equal of scholastic achievement to collegiate BIRTHDAY OF POWELL, WYOMING to any job. Over the course of his ca- athletics in America. reer, he has been an advocate and an ∑ Mr. BARRASSO. Mr. President, on Dr. Brand took over as the fourth academic—an elected official, a private May 25, 2009, we will celebrate the cen- chief executive officer of the National attorney and a marine. He has worked tennial of Powell, WY. Located in the Collegiate Athletics Association, to put criminals behind bars and to valley of the Shoshone River, Powell is NCAA, in January 2003, and the inter- keep children in school. He has fought surrounded by the Absaroka and Big vening years have been marked by an drug use, domestic violence, and big- Horn mountain ranges, and is east of unyielding focus on reorienting the otry. And throughout this broad and Yellowstone National Park. NCAA’s priorities in ways aimed to varied career, he has retained a pas- One hundred years ago, the U.S. Rec- nurture and support the student ath- sionate commitment to his people—the lamation Service offered for sale lots lete. first Americans. As he moved from job in a tract of land designated as the Dr. Brand delivered a watershed to job and even State to State, he Powell Townsite. The sale began the speech in 2001 at the National Press never stopped working to improve the last week in May 1909 and by June 30 of Club, in which he enunciated the mis- lives of our country’s Native Ameri- that year all lots in the square mile sion statement that would come to de- cans. tract were purchased. The sale totaled fine his tenure leading the NCAA: Larry’s work has won him awards $16,750. While a thriving community ‘‘Academics must come first.’’ and acclaim from around the country was officially born May 25, 2009, the Dr. Brand warned against the ‘‘bleed- and across the political spectrum. Just area had been occasionally populated ing of the entertainment industry with recently, a respected law professor sug- for tens of thousands of years. Stone intercollegiate athletics’’ and cau- gested that Larry replace Justice circles provide the archaeological and tioned that falling academic perform- Souter on the Supreme Court. This is a ethnohistorical evidence to show that ance ‘‘risks undermine the integrity of man who really could do anything. the Shoshone and Crow had active fam- a system of higher education that is And Larry is more than a very ac- ily organizations, camp activities, and without question right now leading the complished lawyer and public servant. domestic life in the area. world.’’ He is a deep and innovative thinker. Perhaps the first White man to view ‘‘Athletic success,’’ he said, ‘‘cannot Larry grew up in Farmington, NM, what would become Powell was Lewis substitute for academic success. Uni- but I first got to know him when we and Clark’s colleague, John Colter. versities must be seen, and understood, were both elected state attorneys gen- During the winter of 1807, Colter made and judged by their achievements as

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5693 academic institutions, not sports fran- azine named Indiana University its enced many adventures including the 1964 chises.’’ ‘‘College of the Year.’’ earthquake, pipeline construction and home- As NCAA president, Dr. Brand spear- When Dr. Brand left IU to assume the steading in Point MacKenzie. There she headed the most comprehensive pack- NCAA presidency, he did not have to go homeschooled the kids, shot a bear that tried to join them in the cabin and ran the age of academic reforms governing col- far—traveling 40 miles up State Road homestead while Fred was away at construc- lege athletics in our lifetime. Under his 37 from Bloomington to Indianapolis, tion jobs. leadership, the NCAA raised eligibility where the NCAA is headquartered. As a Teamster, Peggy was hired to start standards for freshmen and toughened The NCAA has been a model cor- the Teamster Credit Union (now Denali Alas- requirements that its 400,000 scholar- porate constituent under Dr. Brand’s kan Federal Credit Union), where she ship athletes make annual progress to- management, employing more than 410 achieved her goal of helping members start ward a degree to maintain their eligi- Hoosiers with well-paying jobs while businesses and buy homes. Politically in- bility. Dr. Brand’s reforms subjected maintaining a strong community pres- volved, both Peggy and Fred received their territorial voter registrations from Senator teams with poor overall academic per- ence. It has helped hundreds of char- E.L. ‘‘Bob’’ Bartlett and often canceled each formance to unprecedented penalties, ities, schools and local organizations other’s vote. Peggy was one of the founding including bans on bowl games and throughout Indiana, such as United members of the Bartlett Democratic Club, postseason play. Way and the Susan G. Komen Breast rarely missing the weekly meetings. She The result: Today, NCAA graduation Cancer Foundation. After Hurricane chaired and worked on many campaigns and rates exceed those of the general stu- Katrina ravaged the Gulf Coast, the was a delegate for Alaska at Clinton’s president population in every demographic NCAA dispatched teams of student ath- dential caucus. category. Last year, the NCAA’s over- letes and considerable financial re- Although busy with career and family, she all graduation rate for its student ath- was the ultimate volunteer and contributor sources to the region to rebuild family with this partial list of organizations that letes stood at 79 percent. The gradua- homes. benefited from her enthusiasm: Inlet View tion rate of female student athletes Dr. Myles David Brand is a loving PTA, Alaska Regional Hospital Auxilliary, outpaced nonathletes by 8 percent, and devoted husband to his wife, Peg; a Alaska Native Hospital gift shop, Anchorage while the graduation rate for African- wonderful father and grandfather; and Senior Activity Center, Anchorage Unitarian American male student athletes was 10 a special leader who I am proud to rec- Fellowship, Teamster 959 Retirees, Alaskan percent higher than their nonathletic ognize today for his contributions to Commission on Aging, Pioneers of Alaska, peers. college sports, the State of Indiana, STAR, Victims for Justice, Blood Bank of Alaska, women’s equality groups and several For redefining what is scholastically and the country as a whole.∑ possible in such a short time span, Dr. credit unions. Peggy was a devoted friend to f people of all ages and walks of life, always Brand will forever be known as the willing to give kids a hand up or a haven. NCAA’s ‘‘Education President.’’ REMEMBERING PEGGY BURGIN She valued education, writing and courtesy It should be noted that despite Dr. ∑ Mr. BEGICH. Mr. President, I wish to and was described by one friend as one of the Brand’s unrelenting focus on helping commemorate the life of a very special last true pioneer ladies—elegant, gracious, students make the grade, he has never resident of my home State of Alaska, generous and as tough as nails. She loved lost sight of the joy of making the traveling to Hawaii, Washington and New Peggy Burgin. York and even toured China. She enjoyed shot. ‘‘Anyone who thinks that college Mrs. Burgin was the embodiment of a is only about the library, the lecture staying connected to her myriad friends, true Alaskan. While living in Alaska, watching Alaska politics on cable and get- hall, and the laboratory really doesn’t she witnessed such historical events as ting her hair ‘‘fluffed’’ (her word) at Trend- understand what happens in college,’’ the 1964 earthquake and the construc- setters. he once told a journalist. tion of the Trans-Alaska pipeline. Mrs. Peggy was predeceased by her daughter I can personally attest that Myles Burgin devoted much of her life to vol- Judi, and her husbands, Lee and Fred. She is Brand harbors an unsurpassed love for survived by her son and daughter-in-law, Jim unteering for many community groups. the game played on the field and a be- Burgin and Janice Ray, daughter, Salli She leaves behind many friends who lief in the power of the NCAA to be a Burgin; grandchildren, Erin Malone (Jason are grateful to have known this re- dreammaker for young people. Dallman), Devin Malone, Dante Modaffari, markable woman. Yet he has remained true to his and Bryant Burgin; great-granddaughters, On behalf of her family and her many Ava and Lena Malone-Dallman, all of Alaska pledge that ‘‘academics must come friends, I ask today we honor Peggy and Washington; and by her brother, Robert first.’’ In 2003, Dr. Brand became the Burgin’s memory. I ask that her obit- Burns and family of Idaho. The family wish- first university president ever chosen uary, published May 12, 2009, in the An- es to thank Peggy’s doctors, Kathleen Case to lead the NCAA. A philosopher by chorage Daily News, be printed in the and Vernon Cates, for her many years of en- training and inclination, Dr. Brand has ergetic health.∑ RECORD. earned admiration as a level-headed The information follows: f leader interested in critical examination and reform. USA Today called him [From the Anchorage Daily News, May 12, REMEMBERING NORVAL POHL 2009] ‘‘the strongest, most vocal and influen- ∑ Mr. CORNYN. Mr. President, I wish tial leader college sports has had in Peggy Arlene Burgin, 89, died peacefully to pay tribute to Dr. Norval Pohl, May 5, 2009, at Alaska Regional Hospital, former president of the University of . . . decades.’’ where she received exceptional loving care Prior to taking over the NCAA, the from the entire staff. A celebration of life is North Texas, who passed away last people of the great State of Indiana en- being planned for June. Born Aug. 16, 1919, in week after a courageous battle against joyed a front-row seat to his many ac- Bellingham, Wash., to Michael and Minnie pancreatic cancer. complishments in academia. From 1994 Burns, she worked from an early age to help Dr. Pohl joined the UNT com unity to 2002, he served as the 16th president her widowed mother and younger brother. in 1999 as the executive vice president of my alma mater, Indiana University. She went to business college, was president and provost and became the univer- Dr. Brand led IU through a period of re- of the Alpha Chapter of Beta Sigma Phi so- sity’s 13th president in October 2000. markable growth, attracting record en- rority and was a lifelong Democrat. She Under Dr. Pohl’s leadership at UNT, moved to Anchorage in July 1947 to marry rollments, doubling research funding, Lee Morrow, a veteran Air Force pilot with enrollment grew from 27,000 to over and establishing the university as a na- postwar Alaska dreams. Ten months later 32,000 students. During the same pe- tional leader in the life sciences and in- the small plane he was co-piloting dis- riod, the university’s Latino enroll- formation technology. He increased the appeared in the Susitna Valley and was ment increased by 48 percent and Afri- school’s endowment by a factor of four never recovered. Shaken, she returned brief- can-American enrollment increased by and tripled the number of endowed ly to Washington, but her love for Alaska 43 percent. Financial aid awards in- chairs. Under Dr. Brand’s leadership, drew her right back. Working for an air creased from $57.8 million to $172.2 mil- IU created a nationally renowned cargo firm and later First National Bank of lion, and annual giving to UNT in- Anchorage, she made an impact as a single School of Informatics and developed determined woman in a rough young town. creased from $4.7 million to $13.4 mil- the Central Indiana Life Sciences Ini- She met and married another Alaska enthu- lion. Dr. Pohl is also recognized for ad- tiatives. His trailblazing leadership siast, Fred Burgin, and together with their dressing title IX issues with the acqui- was recognized in 2001 when Time Mag- children, Salli, Jim and Judi, they experi- sition of the Liberty Christian School

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5694 CONGRESSIONAL RECORD — SENATE May 20, 2009 property, which increased both aca- first flight of three Navy NC-flying when he enlisted in the Navy in March demic and athletic space for the uni- boats to fly across the Atlantic Ocean, 1941 and was sent to northern Africa. versity. fulfilling his early vision to be the first After the Japanese attack on Pearl Among his other accomplishments, flight across the Atlantic Ocean. The Harbor nine months later, Cecil’s re- he worked to advance UNT as a public flights began at Rockaway Beach, NY, markable flying abilities were noted research institution. He fulfilled a long on May 8, 1919, and one of the planes and he was moved to the Pacific to held desire at UNT for an engineering made it to Plymouth, England, on May combat the Kamikaze attacks. Cecil school by establishing the College of 31, 1919. It was Towers’ vision that in- shot down 24 enemy warplanes in 81 Engineering and creating a permanent spired others and changed the world days while never taking a single bullet home for engineering at the UNT Re- forever. The flight actually lasted 52 on his own plane, making him the sec- search Park. hours 31 minutes, for a distance of 3,936 ond-ranking World War II Naval Ace. After leaving UNT, he joined the fac- nautical miles. After the war, Cecil returned home to ulty at Embry-Riddle Aeronautical Towers and his group became inter- University’s Prescott campus and was national celebrities. During their At- become a teacher and coach. In 1951, he named chief academic officer in Janu- lantic crossing, the Nation was on pins was called to Tennessee to train pilots ary of this year. and needles reading about the hap- for the Korean war. He was then pro- Dr. Pohl spent the better part of his penings each day, particularly when moted to captain and sent to the Pen- career in higher education serving as they received the news that Towers’ tagon. He retired in June 1967 after both an administrator and a professor float boat NC–3 went down and was lost serving 27 years in the Navy. He passed at several universities across the at sea for 5 days. After he sailed the away in 1981 and is buried in Arlington southwest. Dr. Norval Pohl was a great seaplane 200 miles to the Azores, his Cemetery. asset to the academic communities he became a household name around the This stretch of Highway 20 will bear served and he will be missed at the uni- world. the name of a dedicated and decorated versities he leaves behind. I would like The significance of this epic flight af- war hero. Cecil Harris exemplified to express my condolences to Dr. fected the psyche of the American pub- South Dakota values in his unwavering Pohl’s family and friends and my admi- lic because until that time, we were commitment to his country, and I com- ration for his devotion to higher edu- largely protected from invasion by hav- mend the South Dakota Department of cation.∑ ing two oceans on either side of us. Transportation for honoring this out- When the airplane made that first At- f standing individual.∑ lantic crossing, Americans became TRIBUTE TO ADMIRAL JOHN aware that we were not immune from f HENRY TOWERS future wars on our soil. In addition, ∑ Mr. ISAKSON. Mr. President, I wish Britain, France, and Germany were RECOGNIZING ROSEPINE CONCERT to honor and commemorate in the more advanced in aviation than the BAND RECORD of the Senate ADM John Henry United States. When the United States Towers, pioneer naval aviator, on the beat them across the Atlantic, we were ∑ Ms. LANDRIEU. Mr. President, today 90th anniversary of the first crossing of immediately thrust into a ‘‘super I wish to recognize 72 young musicians the Atlantic Ocean in an airplane on power’’ status. The U.S. Navy beat the from Rosepine High School. On April May 8, 2009. world in crossing the Atlantic. 29, 2009, these students travelled from Admiral Towers was born and raised Admiral Towers’ career was a stub- the heart of Vernon Parish in Lou- in Rome, GA, and graduated from the born, determined battle to gain accept- isiana to compete against 28 bands at U.S. Naval Academy with the class of ance for aviation from a Navy that was the Music in the Parks Festival in Wil- 1906. As one of the earliest of all naval dominated by battleship admirals. He liamsburg, VA. Although Rosepine was aviators, he participated in the devel- was the first to integrate women into the smallest school to compete in their opment of new aviation technology and the U.S. Navy and U.S. Marines by cre- class, hailing from a town of approxi- the application of air power as a part of ating the W.A.V.E.S. in 1942. The mately 1,300 people, they received a su- the surface fleet. By the time World W.A.V.E.S. eventually grew to 12,000 perior rating and were ranked ‘‘Top of War II was over, Admiral Towers was women officers and 75,000 enlisted All Bands.’’ women. He was also the first to obtain the senior surviving aviator of the As a reward for this outstanding ac- four stars in any branch of service in Navy. complishment, the entire band received the State of Georgia and was awarded In every chapter of the early develop- an educational tour of both historic ment of naval aviation, John Towers the Distinguished Service Medal. Apollo 17 honored the admiral and his Williamsburg and Washington, DC. I made his mark. He organized the trust that they were inspired and moti- Navy’s entry into aviation in 1911. Ad- contribution to aviation by naming a crater on the Moon in his name. In ad- vated by their trip to our Nation’s Cap- miral Towers worked very closely with ital. Glenn Curtiss in designing the first dition, he was honored by Time maga- naval aircraft and due to his efforts be- zine and placed on the front cover for These bright young stars are proof came known to his peers as the ‘‘Crown his efforts during World War II. Towers that with hard work, determination, Prince of Aviation.’’ began in naval aviation at its inception and the right amount of support and Towers held aviation records for en- in 1911 and remained dedicated to the encouragement, anything is possible. I durance, altitude, and speed. He sur- field through his retirement in 1947. He believe that constant support and su- vived a fall out of an airplane in 1913 by is a member of five Aviation Halls of pervision from families and instructors hanging onto the aircraft strut as it Fame. can guide students to a path of success crashed into the Severn River from It is a privilege to pay tribute to the and achievement. In addition, I would 1,300 feet. Unfortunately, his pilot-in- remarkable life of ADM John Henry like to congratulate Rosepine’s band ∑ training, ENS, William Billingsly, was Towers. director, Tra Lantham, and thank him killed and became the first naval avia- f for his dedication and commitment to tion fatality. As a result, Towers man- REMEMBERING CECIL E. HARRIS the students as well as the school’s dated seat belts and harnesses in all ∑ Mr. JOHNSON. Mr. President, today music department. naval aircraft after the crash. He also I recognize and congratulate the out- I ask that these names be printed in took the Assistant Secretary of the standing career of Cecil Harris, deco- the Record. I thank these young people Navy Franklin Delano Roosevelt, fu- rated Navy pilot. For his heroic actions and their parents for coming to our Na- ture President of the United States, for in World War II, Cecil received the tion’s Capitol to learn about the work- his first airplane ride, which secured a Navy Cross, Silver Star, Distinguished ings of the U.S. Senate: special friendship that lasted their Flying Cross, and the Air Medal. His Mandi Alford, Samantha Allardyce, Jason whole careers. bravery is again being honored in with Allardyce, Kelvin Ayala, Lindsey Aycock, Admiral Towers was the first to use the dedication of the Cecil E. Harris Mark Bailes, Matt Blount, Brandon Boggs, naval aircraft in combat in the Mexi- Highway in northeast South Dakota. Chloe Brausch, Haley Brown, Hannah Cardy, can War in 1914. Then, in 1919, he con- This Cresbard native was enrolled in Zachary Cardy, Jeffery Cox, Ann Cox, Brit- ceived, organized, and commanded the the Northern State Teachers College tany Darrah, Jacob Dearmon, Taylor

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5695 Deladurantaye, Nick Deladurantaye, MS1, which is Howe and Howe’s latest last surviving sibling, just months be- Jamison Deladurantaye, Josh Ducote. vehicle, was just selected by Popular fore her own death. Victoria Evans, Chris Funderburk, Daygan Science magazine as ‘‘The Fastest There is no doubt that December 5, Gardner, Chase Gill, Austin Granger, Ryan Tank’’ in the listing of its 2009 Inven- 1942, was a tragic day, not only for the Hess, Chris Hughes, Jessica Islas, Elizabeth Kellner, Daniel Linn, Kaitlyn Lockhart, tion Awards. The magazine publishes families of the fallen crew members Wyatt Maricle, Blake Maricle, Kaymen these awards annually to highlight a but also for the B–25 family, the com- Megl, Austin Merilos, Sydney Merilos, Jo- diverse array of creative and innova- munity, and the Nation. On Saturday, seph Myers, Katlyn Peavy, Bradley Richard, tive products America’s businesses are May 16, Sergeant Atkins was properly Josie Slaydon. manufacturing, from power shock ab- buried with full military honors, in- Courtney Smith, Eden Solinsky, Devin sorbers to IV catheters. Additionally, cluding a jet flyover and a 21-gun sa- Stephens, Cory Stephens, Emilee Stewart, Howe and Howe has recently learned lute. Although all of Atkins’ seven sib- Teagan Suire, Dustin Thompson, Tito that its PAV1 Badger will be acknowl- lings are deceased, three subsequent Torres, Jossie Willis.∑ edged as the ‘‘World’s Smallest Tank’’ generations were present to honor and f in the ‘‘2010 Guinness Book of World pay their respects. HONORING HOWE AND HOWE Records.’’ Thus, today, I honor the memory of TECHNOLOGIES Last Saturday was Armed Forces fellow Louisianan Aubrey Atkins, Jr., Day, a day to reflect on the significant and thank him for his devotion and ∑ Ms. SNOWE. Mr. President, this sacrifices our men and women in uni- service to our country.∑ week is National Small Business Week, form have made on behalf of our Na- f a time when our country focuses on the tion’s security. Let us also pay homage immense efforts our 27 million small to those civilians who assist them by MESSAGES FROM THE PRESIDENT businesses make to the health and vi- creating state-of-the-art products that Messages from the President of the tality of our Nation’s economy. As we make their missions safer and strong- United States were communicated to are presently engaged in two wars, in- er, and that ultimately save lives. I the Senate by Mrs. Neiman, one of his novative companies that produce cut- congratulate Mike and Geoffrey Howe secretaries. ting-edge defense products are critical and everyone at Howe and Howe Tech- f to our Nation’s military success. In nologies for their exceptional work that vein, I rise to recognize the colos- ethic and inventive products, and wish EXECUTIVE MESSAGES REFERRED sal efforts of one such small business them continued success.∑ As in executive session the presiding from my home State of Maine, Howe officer laid before the Senate messages and Howe Technologies. f from the President of the United Located in the southern Maine town REMEMBERING SERGEANT AUBIE States submitting sundry nominations of Eliot, Howe and Howe Technologies L. ATKINS, JR. which were referred to the appropriate focuses on the design and production of ∑ Mr. VITTER. Mr. President, I wish to committees. extreme vehicles, specifically tanks. honor and recognize SGT Aubie L. At- (The nominations received today are And for brothers Mike and Geoffrey kins, Jr., for making the ultimate sac- printed at the end of the Senate pro- Howe, the company’s owners, building rifice in service to our country. Nearly ceedings.) tanks has been a passion for over a dec- 67 years after his death in WWII, he ade. After high school, they began will be home for good and laid to rest f work on the original Ripsaw 1, their next to his parents in their Claiborne REPORT ON THE CONTINUATION first unmanned vehicle, in the garage Parish town of Athens. I would like to OF THE NATIONAL EMERGENCY of their childhood home. By 2004, they take a few moments to speak of his THAT WAS ORIGINALLY DE- were entering their vehicle in an encourage and heroism. CLARED IN EXECUTIVE ORDER durance test for unmanned vehicles Atkins grew up in Athens, LA, and 13303 OF MAY 22, 2003, WITH RE- that was sponsored by the military. attended Louisiana Tech University for SPECT TO THE STABILIZATION While they did not win that trial, the 1 year before enlisting in the Army in OF IRAQ—PM 20 brothers received a boost of confidence 1941. He was trained in communica- The PRESIDING OFFICER laid be- that their products could compete in tions and assigned to the crew of a B– fore the Senate the following message the long run, leading to the establish- 25 Mitchell bomber in the 405th Bom- from the President of the United ment of Howe and Howe Technologies bardment Squadron in the south- States, together with an accompanying in 2006. western Pacific. Atkins, along with report; which was referred to the Com- Each of the company’s tanks is de- seven other crew members, took off mittee on Banking, Housing, and signed with a particular use in mind. aboard a bomber nicknamed ‘‘The Urban Affairs: For instance, the Subterranean Rover Happy Legend’’ from Port Moresby on 1, or SR1, was commissioned by the a mission to bomb Buna on December To the Congress of the United States: Shoal Creek Mine in Alabama to spe- 5, 1942. Unfortunately, their plane went Section 202(d) of the National Emer- cifically withstand the harsh condi- down and disappeared near the Kokoda gencies Act (50 U.S.C. 1622(d)) provides tions of coal mines. The PAV1, or Pass, Papua New Guinea. Military au- for the automatic termination of a na- Badger, was built for the California thorities believed the plane was shot tional emergency unless, prior to the Protection Services for use by SWAT down by the Japanese during a bomb- anniversary date of its declaration, the teams and other law enforcement agen- ing run. The crew was declared dead, President publishes in the Federal Reg- cies. And the Ripsaw MS1, which is and all were memorialized on the tab- ister and transmits to the Congress a currently being tested by the U.S. lets of the missing at Manila American notice stating that the emergency is to Army, is an unmanned ground vehicle, Cemetery, Philippines, by the Amer- continue in effect beyond the anniver- or UGV, designed especially for mili- ican Battle Monuments Commission. sary date. In accordance with this pro- tary use. Howe and Howe’s vehicles are Members of the 1st Australian Corps vision, I have sent the enclosed notice critical to our military’s mission, as found the crash in February 1943 along to the Federal Register for publication. they are unmanned vehicles that can with the pilot’s remains and Atkins’ This notice states that the national be placed in dangerous situations with- identification tags, but because enemy emergency with respect to the sta- out harm to personnel. Additionally, troops remained in the vicinity, the al- bilization of Iraq declared in Executive the vehicles can operate for almost 300 lied soldiers had to abandon the site. Order 13303 of May 22, 2003, as modified miles until refueling, can be controlled Several attempts were launched to re- in scope and relied upon for additional remotely, and provide the military trieve wreckage and the airmen’s re- steps taken in Executive Order 13315 of with a faster alternative to the un- mains, but the wreckage was in a August 28, 2003, Executive Order 13350 manned vehicles they presently have. water-filled crater making it too dif- of July 29, 2004, Executive Order 13364 The Howe brothers take pride in ficult and dangerous. But, in 2005 At- of November 29, 2004, and Executive their work, and industry experts are kins’ remains were identified using Order 13438 of July 17, 2007, is to con- certainly taking notice. The Ripsaw DNA that was donated in 2007 by his tinue in effect beyond May 22, 2009.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5696 CONGRESSIONAL RECORD — SENATE May 20, 2009 Obstacles to the orderly reconstruc- MARKEY of Massachusetts, Ms. SLAUGH- ronmental Protection Agency, transmitting, tion of Iraq, the restoration and main- TER of New York, Mr. MCINTYRE of pursuant to law, the report of a rule entitled tenance of peace and security in the North Carolina, Mr. BUTTERFIELD of ‘‘Iodosulfuron-methyl-sodium; Pesticide Tol- erances’’ (FRL–8412–6) received in the Office country, and the development of polit- North Carolina, Mr. SMITH of New Jer- of the President of the Senate on May 15, ical, administrative, and economic in- sey, Mr. ADERHOLT of Alabama, Mr. 2009; to the Committee on Agriculture, Nu- stitutions in Iraq continue to pose an PITTS of Pennsylvania, and Mr. ISSA of trition, and Forestry. unusual and extraordinary threat to California. EC–1671. A communication from the Acting the national security and foreign pol- At 2:50 p.m., a message from the Under Secretary of Defense (Personnel and icy of the United States. Accordingly, I House of Representatives, delivered by Readiness), Department of Defense, trans- have determined that it is necessary to Ms. Niland, one of its reading clerks, mitting, pursuant to law, the Department’s continue the national emergency with announced that the House agrees to annual report on Joint Officer Management; to the Committee on Armed Services. respect to this threat and maintain in the amendment of the Senate to the EC–1672. A communication from the Sec- force the measures taken to deal with bill (H.R. 627) to amend the Truth in retary of Defense, transmitting a report on that national emergency. Lending Act to establish fair and the approved retirement of Lieutenant Gen- BARACK OBAMA. transparent practices relating to the eral Clyde A. Vaughn, Army National Guard THE WHITE HOUSE, May 19, 2009. extension of credit under an open end of the United States, and his advancement to the grade of lieutenant general on the re- f consumer credit plan, and for other purposes. tired list; to the Committee on Armed Serv- MESSAGES FROM THE HOUSE ices. f EC–1673. A communication from the Gen- MEASURES REFERRED eral Counsel, Department of Defense, trans- ENROLLED BILL SIGNED mitting, the report of legislative proposals The following bills were read the first relative to the National Defense Authoriza- At 10:49 a.m., a message from the and the second times by unanimous tion Bill for Fiscal Year 2010; to the Com- House of Representatives, delivered by consent, and referred as indicated: mittee on Armed Services. Ms. Niland, one of its reading clerks, H.R. 1088. An act to amend title 38, United EC–1674. A communication from the Sec- announced that the Speaker has signed States Code, to provide for a one-year period retary of the Treasury, transmitting, pursuant to law, a six-month periodic report on the following enrolled bill: for the training of new disabled veterans’ outreach program specialists and local vet- the national emergency with respect to Iran S. 896. An Act to prevent mortgage fore- erans’ employment representatives by Na- that was declared in Executive Order 12170 of closures and enhance mortgage credit avail- tional Veterans’ Employment and Training November 14, 1979; to the Committee on ability. Services Institute; to the Committee on Vet- Banking, Housing, and Urban Affairs. The enrolled bill was subsequently erans’ Affairs. EC–1675. A communication from the Prin- signed by the Acting president pro H.R. 1089. To amend title 38, United States cipal Deputy, Defense Research and Engi- neering, Department of Defense, transmit- tempore (Mr. REID). Code, to provide for the enforcement through the Office of Special Counsel of the employ- ting, pursuant to law, a report entitled ‘‘De- fense Production Act Annual Fund Report At 11:53 a.m., a message from the ment and reemployment rights of veterans and members of the Armed Forces employed for Fiscal Year 2008’’; to the Committee on House of Representatives, delivered by Banking, Housing, and Urban Affairs. Ms. Niland, one of its reading clerks, by Federal executive agencies, and for other purposes; to the Committee on Veterans’ Af- EC–1676. A communication from the Regu- announced that the House has passed fairs. latory Specialist, Office of the Comptroller the following bills, in which it requests H.R. 1170. An act to amend chapter 21 of of the Currency, Department of the Treas- the concurrence of the Senate: title 38, United States Code, to establish a ury, transmitting, pursuant to law, the report of a rule entitled ‘‘Fair Credit Report- H.R. 1088. An Act to amend title 38, United grant program to encourage the development ing Affiliate Marketing Regulations; Iden- States Code, to provide for a one-year period of new assistive technologies for specially tity Theft Red Flags and Address Discrep- for the training of new disabled veterans’ adapted housing; to the Committee on Vet- ancies Under the Fair and Accurate Credit outreach program specialists and local veterans’ Affairs. Transactions Act of 2003’’ (RIN1557–AD14) re- erans’ employment representatives by Na- The following concurrent resolution ceived in the Office of the President of the tional Veterans’ Employment and Training was read, and referred as indicated: Senate on May 14, 2009; to the Committee on Services Institute. H. Con. Res. 120. Concurrent resolution Banking, Housing, and Urban Affairs. H.R. 1089. An Act to amend title 38, United supporting the goals and ideals of National EC–1677. A communication from the Direc- States Code, to provide for the enforcement Women’s Health Week, and for other pur- tor, Regulatory Management Division, Envi- through the Office of Special Counsel of the poses; to the Committee on Health, Edu- ronmental Protection Agency, transmitting, employment and reemployment rights of cation, Labor, and Pensions. pursuant to law, the report of a rule entitled veterans and members of the Armed Forces f ‘‘Approval and Promulgation of Implementa- employed by Federal executive agencies, and tion Plans; New Jersey Reasonable Further for other purposes. ENROLLED BILL PRESENTED Progress Plans, Reasonably Available Con- H.R. 1170. An Act to amend chapter 21 of trol Technology, Reasonably Available Con- title 38, United States Code, to establish a The Secretary of the Senate reported that today, May 20, 2009, she had pre- trol Measures and Conformity Budgets’’ grant program to encourage the development (FRL–8905–7) received in the Office of the of new assistive technologies for special sented to the President of the United President of the Senate on May 13, 2009; to adapted housing. States the following enrolled bill: the Committee on Environment and Public H.R. 2182. An Act to amend the American S. 896. An Act to prevent mortgage fore- Works. Recovery and Reinvestment Act of 2009 to closures and enhance mortgage credit avail- EC–1678. A communication from the Direc- provide for enhanced State and local over- ability. tor, Regulatory Management Division, Envi- sight of activities conducted pursuant to f ronmental Protection Agency, transmitting, such Act, and for other purposes. pursuant to law, the report of a rule entitled The message also announced that the EXECUTIVE AND OTHER ‘‘Delegation of New Source Performance House has agreed to the following con- COMMUNICATIONS Standards and National Emission Standards current resolution, in which it requests The following communications were for Hazardous Air Pollutants for the States the concurrence of the Senate: laid before the Senate, together with of Arizona, California, Hawaii, and Nevada’’ (FRL–8905–8) received in the Office of the H. Con. Res. 120. Concurrent resolution accompanying papers, reports, and doc- President of the Senate on May 13, 2009; to supporting the goals and ideals of National uments, and were referred as indicated: the Committee on Environment and Public Women’s Health Week, and for other pur- EC–1669. A communication from the Direc- Works. poses. tor, Regulatory Management Division, Envi- EC–1679. A communication from the Direc- The message further announced that ronmental Protection Agency, transmitting, tor, Regulatory Management Division, Envi- pursuant to 22 U.S.C. 3003, and the pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, order of the House of January 6, 2009, ‘‘Carbofuran; Final Tolerance Revocations’’ pursuant to law, the report of a rule entitled the Speaker appoints the following (FRL–8413–3) received in the Office of the ‘‘Prevention of Significant Deterioration President of the Senate on May 13, 2009; to (PSD) and Nonattainment New Source Re- Members of the House of Representa- the Committee on Agriculture, Nutrition, view (NSR): Aggregation’’ (FRL–8904–5) re- tives to the Commission on Security and Forestry. ceived in the Office of the President of the and Cooperation in Europe: Mr. EC–1670. A communication from the Direc- Senate on May 13, 2009; to the Committee on HASTINGS of Florida, Co-Chairman, Mr. tor, Regulatory Management Division, Envi- Environment and Public Works.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5697 EC–1680. A communication from the Direc- 32) received in the Office of the President of ‘‘Safety Zone; Allegheny River, Pittsburgh, tor, Regulatory Management Division, Envi- the Senate on May 15, 2009; to the Committee PA’’ ((RIN1625–AA00)(Docket No. USCG–2009– ronmental Protection Agency, transmitting, on Homeland Security and Governmental Af- 0149)) received in the Office of the President pursuant to law, the report of a rule entitled fairs. of the Senate on May 11, 2009; to the Com- ‘‘Approval and Promulgation of Air Quality EC–1689. A communication from the Assist- mittee on Commerce, Science, and Transpor- Implementation Plans; Michigan; Consumer ant Attorney General, Office of Legislative tation. Product Rule’’ (FRL–8908–1) received in the Affairs, Department of Justice, transmit- EC–1698. A communication from the Attor- Office of the President of the Senate on May ting, pursuant to law, an annual report on ney Advisor, U.S. Coast Guard, Department 15, 2009; to the Committee on Environment applications made by the Government for au- of Homeland Security, transmitting, pursu- and Public Works. thority to conduct electronic surveillance ant to law, the report of a rule entitled EC–1681. A communication from the Direc- and physical searches during calendar year ‘‘Safety Zone; Red Bull Air Races; San Diego tor, Regulatory Management Division, Envi- 2008; to the Committee on the Judiciary. Bay, San Diego, CA’’ ((RIN1625–AA00)(Docket ronmental Protection Agency, transmitting, EC–1690. A communication from the Attor- No. USCG–2009–0119)) received in the Office of pursuant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department the President of the Senate on May 11, 2009; ‘‘Approval and Promulgation of Air Quality of Homeland Security, transmitting, pursu- to the Committee on Commerce, Science, Implementation Plans; Minnesota’’ (FRL– ant to law, the report of a rule entitled and Transportation. 8907–3) received in the Office of the President ‘‘Drawbridge Operation Regulations; Smith EC–1699. A communication from the Attor- of the Senate on May 15, 2009; to the Com- Creek at Wilmington, NC’’ ((RIN1625– ney Advisor, U.S. Coast Guard, Department mittee on Environment and Public Works. AA09)(Docket No. USCG–2008–0302)) received of Homeland Security, transmitting, pursu- EC–1682. A communication from the Direc- in the Office of the President of the Senate ant to law, the report of a rule entitled ‘‘Al- tor, Regulatory Management Division, Envi- on May 11, 2009; to the Committee on Com- ternate Compliance Program: Vessel Inspec- ronmental Protection Agency, transmitting, merce, Science, and Transportation. tion’’ ((RIN1625–AA92)(Docket No. USCG– pursuant to law, the report of a rule entitled EC–1691. A communication from the Attor- 2004–19823)) received in the Office of the ‘‘Louisiana: Final Authorization of State ney Advisor, U.S. Coast Guard, Department President of the Senate on May 11, 2009; to Hazardous Waste Management Program Re- of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and vision’’ (FRL–8905–4) received in the Office of ant to law, the report of a rule entitled Transportation. the President of the Senate on May 15, 2009; ‘‘Crewmember Identification Documents’’ EC–1700. A communication from the Attor- to the Committee on Environment and Pub- ((RIN1625–AB19)(Docket No. USCG–2007– ney Advisor, U.S. Coast Guard, Department lic Works. 28648)) received in the Office of the President of Homeland Security, transmitting, pursu- EC–1683. A communication from the Direc- of the Senate on May 11, 2009; to the Com- ant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- mittee on Commerce, Science, and Transpor- ‘‘Safety Zone; Corrections; Hatteras Boat ronmental Protection Agency, transmitting, tation. Parade and Firework Display, Trent River, pursuant to law, the report of a rule entitled EC–1692. A communication from the Attor- New Bern, NC’’ ((RIN1625–AA00)(Docket No. ‘‘The Treatment of Data Influenced by Ex- ney Advisor, U.S. Coast Guard, Department USCG–2008–0309 formerly USCG–2008–0046)) ceptional Events (Exceptional Event Rule): of Homeland Security, transmitting, pursu- received in the Office of the President of the Revised Exceptional Event Data Flagging ant to law, the report of a rule entitled Senate on May 11, 2009; to the Committee on Submittal and Documentation Schedule for ‘‘Safety Zone; Blue Water Resort and Casino Commerce, Science, and Transportation. Monitoring Data Used in Designations for APBA National Tour Rounds 1 & 2; Colorado EC–1701. A communication from the Attor- the 2008 Ozone NAAQS’’ (FRL–8907–1) re- River, Parker AZ’’ ((RIN1625–AA00)(Docket ney Advisor, U.S. Coast Guard, Department ceived in the Office of the President of the No. USCG–2008–1220)) received in the Office of of Homeland Security, transmitting, pursu- Senate on May 15, 2009; to the Committee on the President of the Senate on May 11, 2009; ant to law, the report of a rule entitled Environment and Public Works. to the Committee on Commerce, Science, ‘‘Safety Zone; IJSBA World Finals, Colorado EC–1684. A communication from the Chief and Transportation. River, Lake Havasu City, AZ’’ ((RIN1625– of the Border Security Regulations Branch, EC–1693. A communication from the Attor- AA00)(Docket No. USCG–2008–0320)) received Customs and Border Protection, Department ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- on May 11, 2009; to the Committee on Com- ant to law, the report of a rule entitled ‘‘Ex- ant to law, the report of a rule entitled merce, Science, and Transportation. tension of Port Limits of St. Louis, Mis- ‘‘Safety Zone; Mill Creek, Fort Monroe, VA, EC–1702. A communication from the Attor- souri’’ (CBP Dec. 09–16) received in the Office USNORTHCOM Civic Leader Tour and Avia- ney Advisor, U.S. Coast Guard, Department of the President of the Senate on May 14, tion Demonstration’’ ((RIN1625– of Homeland Security, transmitting, pursu- 2009; to the Committee on Finance. AA00)(Docket No. USCG–2009–0263)) received ant to law, the report of a rule entitled EC–1685. A communication from the Broad- in the Office of the President of the Senate ‘‘Safety Zones (including 2 regulations): casting Board of Governors, transmitting, on May 11, 2009; to the Committee on Com- [USCG–2008–0245], [USCG–2008–0246]’’ pursuant to law, the Board’s Annual Report merce, Science, and Transportation. (RIN1625–AA00) received in the Office of the for 2008; to the Committee on Foreign Rela- EC–1694. A communication from the Attor- President of the Senate on May 11, 2009; to tions. ney Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and EC–1686. A communication from the Direc- of Homeland Security, transmitting, pursu- Transportation. tor of the Regulations Policy and Manage- ant to law, the report of a rule entitled EC–1703. A communication from the Attor- ment Staff, Food and Drug Administration, ‘‘Safety Zone; Allegheny River, Pittsburgh, ney Advisor, U.S. Coast Guard, Department Department of Health and Human Services, PA’’ ((RIN1625–AA00)(Docket No. USCG–2009– of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of 0175)) received in the Office of the President ant to law, the report of a rule entitled ‘‘Spe- a rule entitled ‘‘Revision of the Require- of the Senate on May 11, 2009; to the Com- cial Local Regulations for Marine Events; ments for Publication of License Revoca- mittee on Commerce, Science, and Transpor- Severn River, College Creek, Weems Creek tion’’ (Docket No. FDA–2009–N–0100) received tation. and Carr Creek, Annapolis, MD’’ ((RIN1625– in the Office of the President of the Senate EC–1695. A communication from the Attor- AA08)(Docket No. USCG–2008–0154)) received on May 14, 2009; to the Committee on Health, ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate Education, Labor, and Pensions. of Homeland Security, transmitting, pursu- on May 11, 2009; to the Committee on Com- EC–1687. A communication from the Direc- ant to law, the report of a rule entitled merce, Science, and Transportation. tor of the Regulations Policy and Manage- ‘‘Safety Zone; Barge BDL235, Pago Pago Har- EC–1704. A communication from the Acting ment Staff, Food and Drug Administration, bor, American Samoa’’ ((RIN1625– Chairman, Surface Transportation Board, Department of Health and Human Services, AA00)(Docket No. USCG–2009–0159)) received Department of Transportation, transmitting, transmitting, pursuant to law, the report of in the Office of the President of the Senate pursuant to law, the report of a rule entitled a rule entitled ‘‘Substances Prohibited From on May 11, 2009; to the Committee on Com- ‘‘STB Ex Parte No. 542 (Sub–No. 16) Regula- Use in Animal Food or Feed; Confirmation of merce, Science, and Transportation. tions Governing Fees for Services Performed Effective Date of Final Rule; Correction’’ EC–1696. A communication from the Attor- in Connection With Licensing and Related (RIN0910–AF46) received in the Office of the ney Advisor, U.S. Coast Guard, Department Services—2009 Update’’ (Board Decision No. President of the Senate on May 14, 2009; to of Homeland Security, transmitting, pursu- 39783) received in the Office of the President the Committee on Health, Education, Labor, ant to law, the report of a rule entitled of the Senate on May 13, 2009; to the Com- and Pensions. ‘‘Safety Zone; St. Thomas Harbor, Charlotte mittee on Commerce, Science, and Transpor- EC–1688. A communication from the Senior Amalie, U.S.V.I.’’ ((RIN1625–AA00)(Docket tation. Procurement Executive, Office of the Chief No. USCG–2009–0179)) received in the Office of EC–1705. A communication from the Chief Acquisition Officer, General Services Admin- the President of the Senate on May 11, 2009; of Staff, Media Bureau, Federal Communica- istration, Department of Defense, and Na- to the Committee on Commerce, Science, tions Commission, transmitting, pursuant to tional Aeronautics and Space Administra- and Transportation. law, the report of a rule entitled ‘‘Amend- tion, transmitting, pursuant to law, the re- EC–1697. A communication from the Attor- ment of Section 73.622(i), Final DTV Table of port of a rule entitled ‘‘Federal Acquisition ney Advisor, U.S. Coast Guard, Department Allotments, Television Broadcast Stations; Regulation; Federal Acquisition Circular of Homeland Security, transmitting, pursu- Derby, Kansas’’ (MB Docket No. 09–33) re- 2005–32, Technical Amendments’’ (FAC 2005– ant to law, the report of a rule entitled ceived in the Office of the President of the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5698 CONGRESSIONAL RECORD — SENATE May 20, 2009 Senate on May 14, 2009; to the Committee on period for participants in Social Security able Barack Obama, President of the United Commerce, Science, and Transportation. Disability Insurance; to the Committee on States, the President of the United States EC–1706. A communication from the Chief Finance. Senate, the Speaker of the House of Rep- of Staff, Media Bureau, Federal Communica- SENATE JOINT MEMORIAL 8013 resentatives, and each member of Congress tions Commission, transmitting, pursuant to Whereas, created in 1965, the federal Medi- from the State of Washington. law, the report of a rule entitled ‘‘Promoting care program provides health insurance cov- Diversification of Ownership in the Broad- erage for more than 40 million Americans; POM–22. A joint memorial adopted by the casting Services’’ (MB Docket No. 07–294) re- although most of those enrolled are senior Legislature of the State of Washington rel- ceived in the Office of the President of the citizens, approximately 6 million enrollees ative to the United Nations Convention on Senate on May 14, 2009; to the Committee on under the age of 65 have qualified because of the Elimination of All Forms of Discrimina- Commerce, Science, and Transportation. permanent and severe disabilities, such as tion Against Women; to the Committee on f spinal cord injuries, multiple sclerosis, car- Foreign Relations. SENATE JOINT MEMORIAL 8012 PETITIONS AND MEMORIALS diovascular disease, cancer, or other illness or disorder; and Whereas, the Convention on the Elimi- The following petitions and memo- Whereas, despite the physical and financial nation of All Forms of Discrimination rials were laid before the Senate and hardships wrought by these conditions and Against Women was adopted by the United were referred or ordered to lie on the the fact that Social Security Disability In- Nations General Assembly on December 18, table as indicated: surance (SSDI) is designed for individuals 1979, became an international treaty on Sep- with a work history who paid into the social tember 3, 1981, and by August 2006, one hun- POM–20. A joint memorial adopted by the security system before the onset of their dis- dred eighty-five nations including all of the Legislature of the State of Washington rel- ability, federal law mandates a 24 month industrialized world, except the United ative to the United States Fish and Wildlife waiting period from the time a disabled indi- States, have agreed to pursue the Conven- Service working cooperatively with the vidual first receives SSDI benefits to the tion’s goals; and state’s regulatory agencies and energy pro- time Medicare coverage begins; a pre- Whereas, the United States supports and ducers; to the Committee on Energy and requisite to Medicare, the SSDI program has a position of leadership in the United Na- Natural Resources. itself delays benefits for 5 months while the tions, was an active participant in the draft- SENATE JOINT MEMORIAL 8001 person’s disability is determined, effectively ing of the Convention and signed the Conven- Whereas, in 2006 the voters passed Initia- creating a 29 month waiting period for Medi- tion in 1980, but to date has not ratified it; tive No. 937, targets for energy conservation care; and and and the use of eligible resources, including Whereas, this restriction affects a signifi- Whereas, the spirit of the Convention is to wind, by the state’s large utilities; and cant number of Americans in need; as of Jan- affirm faith in fundamental human rights, in Whereas, in 2007 the Legislature adopted uary 2002, there were approximately 1.2 mil- the dignity and worth of each person, and in the goals of reducing greenhouse gas emis- lion disabled persons who qualified for SSDI the goal of equal rights, opportunities, and sions to 1990 levels by 2020, reducing emis- and were awaiting Medicare coverage, many protections for women and girls; and sions to 25 percent below 1990 levels by 2035, of whom were unemployed because of their Whereas, the Convention provides a com- and reducing emissions to 50 percent below disability; consequently, under these condi- prehensive framework for advancing the 1990 levels by 2050; and tions, by the time Medicare began, an esti- rights, opportunities, and protections for Whereas, during this time of economic un- mated 77 percent of those individuals would women and girls, half the world’s population, certainty, the construction and operation of be poor or nearly poor, 45 percent would have which framework is implemented by indi- wind and other alternative energy sites pre- incomes below the federal poverty line, and vidual countries in ways appropriate to their sents an opportunity to bring new jobs and close to 40 percent would be enrolled in state own countries; and valuable economic opportunities to Wash- Medicaid programs; and Whereas, much research has found that ington communities; and Whereas, furthermore, it has been esti- discrimination based on sex results in less Whereas, the increased use of wind and mated that as many as one-third of the indi- education for girls and women, fewer job op- other alternative energy resources produced viduals currently awaiting coverage may be portunities and lower pay for women, slower in Washington will help move the state to- uninsured and likely to incur significant national economic productivity and growth, wards energy independence, and help to de- medical expenses during the 2 year waiting and retards the ability of developing coun- crease the billions of dollars Washingtonians period, often with devastating consequences; tries to grow their economies and contribute currently pay each year for imported fuel; studies indicate that the uninsured are like- to global economic recovery; and and ly to delay or forgo needed care, leading to Whereas, women in every country play fun- Whereas, the federal endangered species worsening health and even premature death, damentally important economic roles in act (16 U.S.C. Sec. 1531 et seq.) can pose sig- and the American Medical Association has their economies and frequently constitute nificant challenges, including regulatory un- determined that death rates among SSDI re- the major economic support for their fami- certainty, for those seeking to develop wind cipients are the highest in the first 24 lies; and and other alternative energy projects in lo- months of enrollment; and Whereas, although women in many parts of cations that could potentially impact any Whereas, eliminating the 24 month waiting the world have made major gains in strug- wildlife listed as threatened or endangered; period not only would prevent worsening ill- gles for equality in social, business, polit- and ness and disability for SSDI beneficiaries, ical, legal, education, and other fields, much Whereas, the United States Fish and Wild- thereby reducing more costly future medical more needs to be accomplished; and life Service, housed within the United States needs and potential longterm reliance on Whereas, through its active support and Department of the Interior, is the agency public health care programs, but could also moral leadership, the United States can help with primary responsibility for imple- save the Medicaid program as much as 4.3 create a world where women and girls have menting and enforcing the federal endan- billion dollars at 2002 program levels, includ- equal legal protections, human rights, edu- gered species act; ing nearly 1.8 billion dollars in savings to cation and economic opportunities, personal Now, Therefore, Your Memorialists re- states and 2.5 billion dollars in federal sav- safety, health care, and more; spectfully pray that the United States Fish ings that would help offset a substantial por- Now, therefore, your Memorialists respect- and Wildlife Service work cooperatively with tion of the accompanying increase in Medi- fully pray that President Obama and Sec- the state’s regulatory agencies and energy care expenditures; and retary Clinton place the United Nations Con- producers to resolve these federal endan- Whereas, recognizing the consequences of vention on the Elimination of All Forms of gered species act issues in a manner that al- the waiting period to those suffering from Discrimination Against Women in the high- lows the continued development of Washing- amyotrophic lateral sclerosis (ALS), or Lou est category of priority in order to accel- ton’s wind and other alternative energy re- Gehrig’s disease, the 106th Congress passed erate the treaty’s passage through the Sen- sources while at the same time protecting H.R. 5661 in 2000 and eliminated the require- ate Foreign Relations Committee and the threatened and endangered wildlife. ment for enrollees diagnosed with the dis- full United States Senate with the goal of Be it resolved, That copies of this Memo- ease; in passing H.R. 5661, the congress ac- ratification by the United States; and that rial be immediately transmitted to the Hon- knowledged the enormous difficulties faced the Washington State Legislature urge the orable Barack Obama, President of the by those diagnosed with severe disabilities Senate Foreign Relations Committee to pass United States, the Secretary of the Depart- and established precedent for the exception this treaty favorably out of Committee and ment of the Interior, the President of the to be extended to all the disabled on the recommend it be approved by the full United United States Senate, the Speaker of the Medicare waiting list; States Senate: Be it House of Representatives, and each member Now, therefore, your Memorialists respect- Resolved, That copies of this Memorial be of Congress from the State of Washington. fully urge the United States Congress to immediately transmitted to the Honorable enact legislation to eliminate the 24 month Barack Obama, President of the United POM–21. A joint memorial adopted by the Medicare waiting period for participants in States, Hillary Clinton, Secretary of State, Legislature of the State of Washington rel- Social Security Disability Insurance. Hilda Solis, Secretary of Labor, the Presi- ative to urging the enactment of legislation Be it resolved, that copies of this Memorial dent of the United States Senate, the Speak- to eliminate the 24 month Medicare waiting be immediately transmitted to the Honor- er of the House of Representatives, and each

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5699 member of Congress from the State of Wash- bers of the most highly decorated military The PRESIDING OFFICER. Without ington. unit of its size in the history of the United objection, it is so ordered. States Armed Forces, with twenty-one Medal POM–23. A joint memorial adopted by the of Honor recipients, numerous Purple *National Oceanic and Atmospheric Ad- Legislature of the State of Washington rel- Hearts, and many other awards; and ministration nominations beginning with ative to electronic medical and health Whereas, tens of thousands of lives were Mark H. Pickett and ending with Ryan A. records; to the Committee on Health, Edu- saved because the MIS used their knowledge Wartick, which nominations were received cation, Labor, and Pensions. of Japanese language and culture to help the by the Senate and appeared in the Congres- SENATE JOINT MEMORIAL 8003 Allies end the Second World War quickly in sional Record on May 14, 2009. Whereas, expanded health information the Pacific; and *National Oceanic and Atmospheric Ad- technology has the potential to revolutionize Whereas, the Nisei veterans’ proud Amer- ministration nominations beginning with the delivery of health care in the United ican legacy continues, however many Nisei Heather L. Moe and ending with Marina O. States by enabling continuity of care, im- veterans have passed away and those still Kosenko, which nominations were received proving cost efficiency, lowering rates of alive are now in their eighties and nineties; by the Senate and appeared in the Congres- medical malpractice, decreasing duplicative and sional Record on May 14, 2009. Whereas, these Nisei veterans should be care, providing better care management for By Mr. KERRY for the Committee on For- publicly commemorated; eign Relations. patients, and producing better health out- Now, therefore, your Memorialists respect- comes; and fully pray that the United States Postal *Judith A. McHale, of Maryland, to be Whereas, major investments in the hard- Service issue a postage stamp in commemo- Under Secretary of State for Public Diplo- ware and software infrastructure required to ration of the Nisei veterans’ service in the macy. facilitate the expansion of health informa- United States Armed Forces during the Sec- *Robert Orris Blake, Jr., of Maryland, a tion technology are being made now by ond World War: Be it Career Member of the Senior Foreign Serv- health care providers; and Resolved, That copies of this Memorial be ice, Class of Minister-Counselor, to be Assist- Whereas, the health information systems immediately transmitted to the Honorable ant Secretary of State for South Asian Af- currently being constructed are often in- Barack Obama, President of the United fairs. capable of communicating with each other; States, the President of the United States By Mr. DODD for Mr. KENNEDY for the and Senate, the Speaker of the House of Rep- Committee on Health, Education, Labor, and Whereas, the costs to providers of main- resentatives, and each Member of Congress Pensions. taining incompatible systems in the name of from the State of Washington. proprietary licensing will grow exponen- *Seth David Harris, of New Jersey, to be tially with every delay in reaching a uni- f Deputy Secretary of Labor. versal standard of interoperability; and REPORTS OF COMMITTEES *Linda A. Puchala, of Maryland, to be a Whereas, the benefit from health informa- Member of the National Mediation Board for tion technology is only derived from the The following reports of committees a term expiring July 1, 2009. ability of systems to communicate with each were submitted: *Linda A. Puchala, of Maryland, to be a other on a fully compatible platform; and By Mr. LIEBERMAN, from the Committee Member of the National Mediation Board for Whereas, a national public-private partner- on Homeland Security and Governmental Af- a term expiring July 1, 2012. ship has recently commenced with leader- fairs, without amendment: H.R. 663. A bill to designate the facility of *John Q. Easton, of Illinois, to be Director ship from the United States department of of the Institute of Education Science, De- health and human services to define stand- the United States Postal Service located at 12877 Broad Street in Sparta, Georgia, as the partment of Education for a term of six ards of interoperability with the goal of im- years. plementing electronic health records for all ‘‘Yvonne Ingram-Ephraim Post Office Build- By Mr. LIEBERMAN for the Committee on Americans by the year 2014; ing’’. Now, therefore, your Memorialists respect- H.R. 918. A bill to designate the facility of Homeland Security and Governmental Af- fully pray that Congress institute a date cer- the United States Postal Service located at fairs. tain, no later than January 1, 2013, at which 300 East 3rd Street in Jamestown, New York, *Marisa J. Demeo, of the District of Co- time all vendors, suppliers, and manufactur- as the ‘‘Stan Lundine Post Office Building’’. lumbia, to be an Associate Judge of the Su- ers of health information technology must H.R. 1284. A bill to designate the facility of perior Court of the District of Columbia for comply with a uniform national standard of the United States Postal Service located at the term of fifteen years. interoperability, such that all electronic 103 West Main Street in McLain, Mississippi, *Florence Y. Pan, of the District of Colum- medical and health records can be readily as the ‘‘Major Ed W. Freeman Post Office’’. bia, to be an Associate Judge of the Superior H.R. 1595. A bill to designate the facility of shared and accessed across all health care Court of the District of Columbia for the the United States Postal Service located at providers and institutions while at the same term of fifteen years. 3245 Latta Road in Rochester, New York, as time preserving the proprietary nature of *Cass R. Sunstein, of Massachusetts, to be the ‘‘Brian K. Schramm Post Office Build- health information technology producers Administrator of the Office of Information ing’’. that will encourage future innovation and and Regulatory Affairs, Office of Manage- competition: Be it f ment and Budget. Resolved, That copies of this Memorial be EXECUTIVE REPORTS OF *David Heyman, of the District of Colum- immediately transmitted to the Honorable COMMITTEES bia, to be an Assistant Secretary of Home- Barack Obama, President of the United land Security. States, the Secretary of the United States The following executive reports of nominations were submitted: *Robert M. Groves, of Michigan, to be Di- Department of Health and Human Services, rector of the Census. the Governor of the State of Washington, the By Mr. ROCKEFELLER for the Committee President of the United States Senate, the on Commerce, Science, and Transportation. *Nomination was reported with rec- Speaker of the House of Representatives, and *Lawrence E. Strickling, of Illinois, to be ommendation that it be confirmed sub- each member of Congress from the State of Assistant Secretary of Commerce for Com- ject to the nominee’s commitment to Washington. munications and Information. *Rebecca M. Blank, of Maryland, to be respond to requests to appear and tes- POM–24. A joint memorial adopted by the Under Secretary of Commerce for Economic tify before any duly constituted com- Legislature of the State of Washington rel- Affairs. mittee of the Senate. ative to the issuance of a commemorative *John D. Porcari, of Maryland, to be Dep- stamp by the United States Postal Service; uty Secretary of Transportation. f to the Committee on Veterans’ Affairs. *J. Randolph Babbitt, of Virginia, to be Administrator of the Federal Aviation Ad- HOUSE JOINT MEMORIAL 4005 ministration for the term of five years. INTRODUCTION OF BILLS AND Whereas, the Nisei veterans of the Second *Aneesh Chopra, of Virginia, to be an Asso- JOINT RESOLUTIONS World War provided the avenue for Japanese- ciate Director of the Office of Science and Americans to prove their loyalty to the Technology Policy. The following bills and joint resolutions were introduced, read the first United States by serving as the ultimate pa- Mr. ROCKEFELLER. Mr. President, triots in the Armed Forces; and and second times by unanimous con- for the Committee on Commerce, Whereas, these veterans served in the 442nd sent, and referred as indicated: Regimental Combat Team, the 100th Infan- Science, and Transportation I report By Mr. GRAHAM (for himself and Mr. try Battalion, and the Military Intelligence favorably the following nomination LIEBERMAN): Service (MIS); and lists which were printed in the RECORD Whereas, the 100th Infantry Battalion and on the dates indicated, and ask unani- S. 1081. A bill to prohibit the release of 442nd Regimental Combat Team of the enemy combatants into the United States; to mous consent, to save the expense of the Committee on the Judiciary. United States Army were comprised of Japa- reprinting on the Executive Calendar nese-Americans who fought in Europe during By Mr. CRAPO (for himself and Mr. the Second World War; and that these nominations lie at the Sec- JOHNSON): Whereas, the 100th Infantry Battalion and retary’s desk for the information of S. 1082. A bill to amend the Internal Rev- 442nd Regimental Combat Team were mem- Senators. enue Code of 1986 to allow individuals to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5700 CONGRESSIONAL RECORD — SENATE May 20, 2009 defer recognition of reinvested capital gains for increasing motor vehicle fuel efficiency, S. 1104. A bill to amend the Public Health distributions from regulated investment and for other purposes; to the Committee on Service Act to establish the Nurse-Managed companies; to the Committee on Finance. Finance. Health Clinic Investment program, and for By Mr. SCHUMER (for himself and By Mr. WYDEN: other purposes; to the Committee on Health, Mrs. GILLIBRAND): S. 1094. A bill to amend the Internal Rev- Education, Labor, and Pensions. S. 1083. A bill to require that, in the ques- enue Code of 1986 to provide for an energy By Mr. BINGAMAN (for himself and tionnaires used in the taking of any decen- carrier production tax credit, and for other Mr. UDALL of New Mexico): nial census of population, a checkbox or purposes; to the Committee on Finance. S. 1105. A bill to authorize the Secretary of other similar option be included so that re- By Mr. WYDEN: the Interior, acting through the Commis- spondents may indicate Caribbean extrac- S. 1095. A bill to amend the Clean Air Act sioner of Reclamation, to develop water in- tion or descent; to the Committee on Home- to convert the renewable fuel standard into a frastructure in the Rio Grande Basin, and to land Security and Governmental Affairs . low-carbon fuel standard, and for other pur- approve the settlement of the water rights By Mrs. GILLIBRAND (for herself and poses; to the Committee on Environment and claims of the Pueblos of Nambe, Pojoaque, Mr. SCHUMER): Public Works. San Ildefonso, and Tesuque; to the Com- S. 1084. A bill to require that, in the ques- By Mr. WYDEN: mittee on Indian Affairs. tionnaires used in the taking of any decen- S. 1096. A bill to require the Secretary of By Mrs. LINCOLN (for herself, Ms. nial census of population, a checkbox or Energy to establish an EnergyGrant Com- LANDRIEU, and Mr. BURRIS): other similar option be included so that re- petitive Education Program to competi- S. 1106. A bill to amend title 10, United spondents may indicate Dominican extrac- tively award grants to consortia of institu- States Code, to require the provision of med- tion or descent; to the Committee on Home- tions of higher education in regions to con- ical and dental readiness services to certain land Security and Governmental Affairs . duct research, extension, and education pro- members of the Selected Reserve and Indi- By Mr. MENENDEZ (for himself, Mrs. grams relating to the energy needs of the re- vidual Ready Reserve based on medical need, GILLIBRAND, Mr. KENNEDY, and Mr. gion; to the Committee on Energy and Nat- and for other purposes; to the Committee on SCHUMER): ural Resources. Armed Services. S. 1085. A bill to amend the Immigration By Mr. WYDEN: By Mr. DURBIN (for himself, Mr. and Nationality Act to promote family S. 1097. A bill to require the Secretary of GRAHAM, and Mr. HATCH): unity, and for other purposes; to the Com- Energy, in coordination with the Secretary S. 1107. A bill to amend title 28, United mittee on the Judiciary. of Labor, to establish a program to provide States Code, to provide for a limited 6-month By Mr. ENZI (for himself, Mr. DORGAN, for workforce training and education, at period for Federal judges to opt into the Ju- Mr. JOHNSON, and Mr. GRASSLEY): community colleges, in sustainable energy; dicial Survivors’ Annuities System and begin S. 1086. A bill to amend the Packers and to the Committee on Energy and Natural Re- contributing toward an annuity for their Stockyards Act, 1921, to prohibit the use of sources. spouse and dependent children upon their certain anti-competitive forward contracts; By Mr. WYDEN: death, and for other purposes; to the Com- to the Committee on Agriculture, Nutrition, S. 1098. A bill to establish EnergySmart mittee on the Judiciary. and Forestry. transport corridors to promote the planning By Mr. LAUTENBERG (for himself, By Mr. KERRY: and development of measures that will in- Mr. MENENDEZ, Mr. DODD, and Mr. S. 1087. A bill to amend the Internal Rev- crease the energy efficiency of the Interstate LIEBERMAN): enue Code of 1986 to repeal certain tax incen- System and reduce the emission of green- S. 1108. A bill to require application of tives related to oil and gas; to the Com- house gases and other environmental pollut- budget neutrality on a national basis in the mittee on Finance . ants, and for other purposes; to the Com- calculation of the Medicare hospital wage By Ms. LANDRIEU: mittee on Environment and Public Works. index floor for each all-urban and rural S. 1088. A bill to authorize certain con- By Mr. COBURN (for himself, Mr. State; to the Committee on Finance. struction in coastal high hazard areas using BURR, Mr. BUNNING, Mr. CHAMBLISS, By Mrs. GILLIBRAND: assistance under the Robert T. Stafford Dis- Mr. ALEXANDER, and Mr. INHOFE): S. 1109. A bill to provide veterans with in- aster Relief and Emergency Assistance Act; S. 1099. A bill to provide comprehensive so- dividualized notice about available benefits, to the Committee on Homeland Security and lutions for the health care system of the to streamline application processes or the Governmental Affairs. United States, and for other purposes; to the benefits, and for other purposes; to the Com- By Mr. BAUCUS (for himself, Mr. Committee on Finance. mittee on Veterans’ Affairs. CRAPO, Ms. CANTWELL, Mr. ROBERTS, By Mr. LIEBERMAN (for himself, Mr. By Mr. REID (for Mr. ROCKEFELLER): Ms. LANDRIEU, Mr. BINGAMAN, Mrs. GRAHAM, and Mr. MCCAIN): S. 1110. A bill to amend title XVIII of the LINCOLN, Mr. HARKIN, Mrs. MURRAY, S. 1100. A bill to provide that certain pho- Social Security Act to create a sensible in- Mr. PRYOR, Mr. BOND, Mr. JOHNSON, tographic records relating to the treatment frastructure for delivery system reform by Mr. DORGAN, Mr. WYDEN, Mr. LUGAR, of any individual engaged, captured, or de- renaming the Medicare Payment Advisory Mrs. MCCASKILL, and Mr. ENZI): tained after September 11, 2001, by the Commission, making the Commission an ex- S. 1089. A bill to facilitate the export of Armed Forces of the United States in oper- ecutive branch agency, and providing the United States agricultural commodities and ations outside the United States shall not be Commission new resources and authority to products to Cuba as authorized by the Trade subject to disclosure under section 552 of implement Medicare payment policy; to the Sanctions Reform and Export Enhancement title 5, United States Code (commonly re- Committee on Finance. Act of 2000, to establish an agricultural ex- ferred to as the Freedom of Information By Mr. REID (for Mr. ROCKEFELLER): port promotion program with respect to Act); to the Committee on the Judiciary. S. 1111. A bill to require the Secretary of Cuba, to remove impediments to the export By Ms. STABENOW (for herself and Health and Human Services to enter into to Cuba of medical devices and medicines, to Mr. LEVIN): agreements with States to resolve out- allow travel to Cuba by United States citi- S. 1101. A bill to amend the Federal Food, standing claims for reimbursement under the zens and legal residents, to establish an agri- Drug, and Cosmetic Act to establish a Food Medicare program relating to the Special cultural export promotion program with re- Protection Training Institute, and for other Disability Workload project; to the Com- spect to Cuba, and for other purposes; to the purposes; to the Committee on Health, Edu- mittee on Finance. Committee on Finance. cation, Labor, and Pensions. By Mr. DODD (for himself and Mr. By Mr. WYDEN (for himself and Ms. By Mr. LIEBERMAN (for himself and REED): CANTWELL): Ms. COLLINS): S. 1112. A bill to make effective the pro- S. 1090. A bill to amend the Internal Rev- S. 1102. A bill to provide benefits to domes- posed rule of the Food and Drug Administra- enue Code of 1986 to provide tax credit parity tic partners of Federal employees; to the tion relating to sunscreen drug products, and for electricity produced from renewable re- Committee on Homeland Security and Gov- for other purposes; to the Committee on sources; to the Committee on Finance. ernmental Affairs. Health, Education, Labor, and Pensions. By Mr. WYDEN: By Mr. VITTER (for himself, Mr. By Mr. PRYOR (for himself, Ms. S. 1091. A bill to amend the Internal Rev- MCCONNELL, Mr. ENSIGN, Mr. MCCAIN, SNOWE, Mr. NELSON of Nebraska, and enue Code of 1986 to provide for an energy in- Mr. COBURN, Mr. INHOFE, Mr. HATCH, Mr. WICKER): vestment credit for energy storage property Mr. DEMINT, Mr. SESSIONS, Mr. S. 1113. A bill to amend title 49, United connected to the grid, and for other pur- CHAMBLISS, Mr. RISCH, Mr. ENZI, Mr. States Code, to direct the Secretary of poses; to the Committee on Finance. BOND, and Mr. BUNNING): Transportation to establish and maintain a By Mr. WYDEN: S. 1103. A bill to amend the Help America national clearinghouse for records related to S. 1092. A bill to establish a program to Vote Act of 2002 to establish standards for alcohol and controlled substances testing of provide loans for use in carrying out residen- the distribution of voter registration appli- commercial motor vehicle operators, and for tial, commercial, industrial, and transpor- cation forms and to require organizations to other purposes; to the Committee on Com- tation energy efficiency and renewable gen- register with the State prior to the distribu- merce, Science, and Transportation. eration projects; to the Committee on En- tion of such forms; to the Committee on By Mr. DURBIN (for himself and Mr. ergy and Natural Resources. Rules and Administration. BURR): By Mr. WYDEN: By Mr. INOUYE (for himself, Mr. ALEX- S. 1114. A bill to establish a demonstration S. 1093. A bill to amend the Internal Rev- ANDER, Mr. AKAKA, and Mr. KAUF- project to provide for patient-centered med- enue Code of 1986 to provide tax incentives MAN): ical homes to improve the effectiveness and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5701 efficiency in providing medical assistance serving in Operation Iraqi Freedom and through institutions of higher edu- under the Medicaid program and child health Operation Enduring Freedom, from the cation. assistance under the State Children’s Health Department of Veterans Affairs, and S. 796 Insurance Program; to the Committee on Fi- for other purposes. nance. At the request of Mr. BINGAMAN, the S. 607 name of the Senator from New Mexico f At the request of Mr. UDALL of Colo- (Mr. UDALL) was added as a cosponsor ADDITIONAL COSPONSORS rado, the names of the Senator from of S. 796, a bill to modify the require- S. 46 Wyoming (Mr. BARRASSO) and the Sen- ments applicable to locatable minerals At the request of Mr. ENSIGN, the ator from New Hampshire (Mrs. on public domain land, and for other name of the Senator from Vermont SHAHEEN) were added as cosponsors of purposes. (Mr. SANDERS) was added as a cospon- S. 607, a bill to amend the National S. 801 sor of S. 46, a bill to amend title XVIII Forest Ski Area Permit Act of 1986 to At the request of Mr. AKAKA, the of the Social Security Act to repeal the clarify the authority of the Secretary name of the Senator from Washington Medicare outpatient rehabilitation of Agriculture regarding additional (Mrs. MURRAY) was added as a cospon- therapy caps. recreational uses of National Forest sor of S. 801, a bill to amend title 38, S. 292 System land that are subject to ski United States Code, to waive charges for humanitarian care provided by the At the request of Mr. SPECTER, the area permits, and for other purposes. name of the Senator from Alaska (Mr. S. 634 Department of Veterans Affairs to family members accompanying veterans BEGICH) was added as a cosponsor of S. At the request of Mr. HARKIN, the 292, a bill to repeal the imposition of name of the Senator from Illinois (Mr. severely injured after September 11, withholding on certain payments made BURRIS) was added as a cosponsor of S. 2001, as they receive medical care from to vendors by government entities. 634, a bill to amend the Elementary the Department and to provide assist- and Secondary Education Act of 1965 to ance to family caregivers, and for other S. 423 purposes. At the request of Mr. AKAKA, the improve standards for physical edu- S. 819 names of the Senator from Illinois (Mr. cation. At the request of Mr. DURBIN, the DURBIN) and the Senator from Colorado S. 688 name of the Senator from South Da- (Mr. BENNET) were added as cosponsors At the request of Ms. SNOWE, the kota (Mr. JOHNSON) was added as a co- of S. 423, a bill to amend title 38, names of the Senator from New Jersey sponsor of S. 819, a bill to provide for United States Code, to authorize ad- (Mr. LAUTENBERG), the Senator from enhanced treatment, support, services, vance appropriations for certain med- Connecticut (Mr. DODD) and the Sen- and research for individuals with au- ical care accounts of the Department of ator from Ohio (Mr. BROWN) were added tism spectrum disorders and their fam- Veterans Affairs by providing two-fis- as cosponsors of S. 688, a bill to require ilies. cal year budget authority, and for that health plans provide coverage for S. 823 other purposes. a minimum hospital stay for At the request of Ms. SNOWE, the S. 451 mastectomies, lumpectomies, and lymph node dissection for the treat- names of the Senator from Kentucky At the request of Ms. COLLINS, the (Mr. BUNNING), the Senator from Geor- name of the Senator from Massachu- ment of breast cancer and coverage for secondary consultations. gia (Mr. ISAKSON) and the Senator from setts (Mr. KENNEDY) was added as a co- Idaho (Mr. CRAPO) were added as co- S. 693 sponsor of S. 451, a bill to require the sponsors of S. 823, a bill to amend the Secretary of the Treasury to mint At the request of Mr. HARKIN, the Internal Revenue Code of 1986 to allow coins in commemoration of the centen- name of the Senator from New Mexico a 5-year carryback of operating losses, nial of the establishment of the Girl (Mr. UDALL) was added as a cosponsor and for other purposes. Scouts of the United States of Amer- of S. 693, a bill to amend the Public S. 844 ica. Health Service Act to provide grants At the request of Mr. LAUTENBERG, for the training of graduate medical S. 566 the name of the Senator from Georgia residents in preventive medicine. At the request of Mr. DURBIN, the (Mr. CHAMBLISS) was added as a cospon- name of the Senator from Oregon (Mr. S. 717 sor of S. 844, a bill to amend the Public MERKLEY) was added as a cosponsor of At the request of Mr. CARDIN, his Health Service Act to prevent and S. 566, a bill to create a Financial Prod- name was added as a cosponsor of S. treat diabetes, to promote and improve uct Safety Commission, to provide con- 717, a bill to modernize cancer re- the care of individuals with diabetes, sumers with stronger protections and search, increase access to preventative and to reduce health disparities relat- better information in connection with cancer services, provide cancer treating to diabetes within racial and ethnic consumer financial products, and to ment and survivorship initiatives, and minority groups, including African- give providers of consumer financial for other purposes. American, Hispanic American, Asian products more regulatory certainty. At the request of Mrs. LINCOLN, her American, Native Hawaiian and Other S. 581 name was added as a cosponsor of S. Pacific Islander, and American Indian At the request of Mr. BENNET, the 717, supra. and Alaskan Native communities. name of the Senator from Mississippi S. 730 S. 891 (Mr. COCHRAN) was added as a cospon- At the request of Mr. ENSIGN, the At the request of Mr. BROWNBACK, the sor of S. 581, a bill to amend the Rich- name of the Senator from New Hamp- name of the Senator from Alaska (Mr. ard B. Russell National School Lunch shire (Mr. GREGG) was added as a co- BEGICH) was added as a cosponsor of S. Act and the Child Nutrition Act of 1966 sponsor of S. 730, a bill to amend the 891, a bill to require annual disclosure to require the exclusion of combat pay Harmonized Tariff Schedule of the to the Securities and Exchange Com- from income for purposes of deter- United States to modify the tariffs on mission of activities involving colum- mining eligibility for child nutrition certain footwear, and for other pur- bite-tantalite, cassiterite, and wolf- programs and the special supplemental poses. ramite from the Democratic Republic nutrition program for women, infants, S. 749 of Congo, and for other purposes. and children. At the request of Mr. COCHRAN, the S. 908 S. 597 name of the Senator from Alaska (Mr. At the request of Mr. BAYH, the name At the request of Mrs. MURRAY, the BEGICH) was added as a cosponsor of S. of the Senator from Texas (Mrs. name of the Senator from Pennsyl- 749, a bill to improve and expand geo- HUTCHISON) was added as a cosponsor of vania (Mr. CASEY) was added as a co- graphic literacy among kindergarten S. 908, a bill to amend the Iran Sanc- sponsor of S. 597, a bill to amend title through grade 12 students in the United tions Act of 1996 to enhance United 38, United States Code, to expand and States by improving professional devel- States diplomatic efforts with respect improve health care services available opment programs for kindergarten to Iran by expanding economic sanc- to women veterans, especially those through grade 12 teachers offered tions against Iran.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5702 CONGRESSIONAL RECORD — SENATE May 20, 2009 S. 979 cosponsors of S. Res. 151, a resolution Mr. ENZI. President, I rise to speak At the request of Mr. DURBIN, the expressing support for a national day on the introduction of the Livestock names of the Senator from Missouri of remembrance on October 30, 2009, for Marketing Fairness Act. I want to also (Mr. BOND) and the Senator from Illi- nuclear weapons program workers. acknowledge that I am joined in intro- nois (Mr. BURRIS) were added as co- At the request of Mr. SCHUMER, his ducing this legislation by Senators sponsors of S. 979, a bill to amend the name was added as a cosponsor of S. DORGAN, GRASSLEY, and JOHNSON. The Public Health Service Act to establish Res. 151, supra. Packers and Stockyards Act of 1921 a nationwide health insurance pur- AMENDMENT NO. 1133 was enacted at a time when there was chasing pool for small businesses and At the request of Mr. JOHANNS, his significant concentration in the live- the self-employed that would offer a name was added as a cosponsor of stock and poultry industry. That law choice of private health plans and amendment No. 1133 proposed to H.R. has since provided livestock producers, make health coverage more affordable, 2346, a bill making supplemental appro- the family farmers and ranchers of our predictable, and accessible. priations for the fiscal year ending country, with a remedy to protect S. 982 September 30, 2009, and for other pur- themselves against manipulative and anti-competitive practices in the mar- At the request of Mrs. MCCASKILL, poses. ketplace. However, since the early her name was added as a cosponsor of AMENDMENT NO. 1138 1920s our domestic livestock industry S. 982, a bill to protect the public At the request of Mr. VITTER, his health by providing the Food and Drug has changed significantly and so too name was added as a cosponsor of have the ways in which producers mar- Administration with certain authority amendment No. 1138 proposed to H.R. to regulate tobacco products. ket their livestock. Gone are the days 2346, a bill making supplemental appro- when a simple handshake between S. 1012 priations for the fiscal year ending buyer and seller was all you needed. At the request of Mr. ISAKSON, his September 30, 2009, and for other pur- Changes in marketing have introduced name was added as a cosponsor of S. poses. new ways for bad actors to manipulate 1012, a bill to require the Secretary of AMENDMENT NO. 1139 prices and this legislation is designed the Treasury to mint coins in com- At the request of Mr. INHOFE, his to strengthen the laws originally en- memoration of the centennial of the name was added as a cosponsor of acted in the Packers and Stockyards establishment of Mother’s Day. amendment No. 1139 proposed to H.R. Act. At the request of Mr. ROCKEFELLER, 2346, a bill making supplemental appro- It is no secret that the packing in- the name of the Senator from Mis- priations for the fiscal year ending dustry in the U.S. has again become in- sissippi (Mr. COCHRAN) was added as a September 30, 2009, and for other pur- creasingly consolidated. In 1985, the cosponsor of S. 1012, supra. poses. four largest packers accounted for 39 S. 1023 AMENDMENT NO. 1140 percent of all cattle slaughtered in the At the request of Mr. DORGAN, the At the request of Mr. INHOFE, his U.S. Twenty years later, the top four name of the Senator from Mississippi name was added as a cosponsor of firms controlled over 69 percent of the (Mr. WICKER) was added as a cosponsor amendment No. 1140 proposed to H.R. domestic cattle slaughter and this sta- of S. 1023, a bill to establish a non-prof- 2346, a bill making supplemental appro- tistic does not even include the acqui- it corporation to communicate United priations for the fiscal year ending sitions that have taken place in the in- States entry policies and otherwise September 30, 2009, and for other pur- dustry since 2007. Being big in agri- promote leisure, business, and schol- poses. culture is not bad, but it does present opportunities for a select few to manip- arly travel to the United States. AMENDMENT NO. 1143 ulate the market for their own gain. S. 1026 At the request of Mr. RISCH, the The Livestock Marketing Fairness Act At the request of Mr. CORNYN, the name of the Senator from Missouri strikes at the heart of one particular names of the Senator from Louisiana (Mr. BOND) was withdrawn as a cospon- anti-competitive practice. Over the (Mr. VITTER) and the Senator from sor of amendment No. 1143 proposed to years, livestock producers, feeders, and North Carolina (Mr. BURR) were added H.R. 2346, a bill making supplemental packers have been given a number of as cosponsors of S. 1026, a bill to amend appropriations for the fiscal year end- new marketing tools for price dis- the Uniformed and Overseas Citizens ing September 30, 2009, and for other covery and hedging risk. One of those Absentee Voting Act to improve proce- purposes. tools is the forward contract where a dures for the collection and delivery of At the request of Mr. RISCH, the buyer and seller agree to a transaction marked absentee ballots of absent name of the Senator from Idaho (Mr. at a specified point of time in the fu- overseas uniformed service voters, and CRAPO) was added as a cosponsor of ture. However, certain types of forward for other purposes. amendment No. 1143 proposed to H.R. contracting agreements have become S. 1066 2346, supra. ripe for price manipulation. This is be- At the request of Mr. SCHUMER, the AMENDMENT NO. 1144 cause a growing number of packing op- name of the Senator from Michigan At the request of Mr. CHAMBLISS, the erations own their own livestock or (Ms. STABENOW) was added as a cospon- names of the Senator from Oklahoma control them through marketing agree- sor of S. 1066, a bill to amend title (Mr. COBURN), the Senator from Okla- ments. These firms then can buy from XVIII of the Social Security Act to homa (Mr. INHOFE) and the Senator themselves when prices are high and preserve access to ambulance services from Kansas (Mr. ROBERTS) were added buy from others when prices are low. under the Medicare program. as cosponsors of amendment No. 1144 Captive supplies are animals that S. 1071 proposed to H.R. 2346, a bill making packers own and control prior to At the request of Mr. CHAMBLISS, the supplemental appropriations for the slaughter. The Livestock Marketing name of the Senator from Oklahoma fiscal year ending September 30, 2009, Fairness Act prohibits certain arrange- (Mr. COBURN) was added as a cosponsor and for other purposes. ments that provide packers with the of S. 1071, a bill to protect the national f opportunity use their captive supplies security of the United States by lim- to manipulate local market prices. iting the immigration rights of individ- STATEMENTS ON INTRODUCED First, the legislation requires that for- uals detained by the Department of De- BILLS AND JOINT RESOLUTIONS ward contracts contain a ‘‘firm base fense at Guantanamo Bay Naval Base. By Mr. ENZI (for himself, Mr. price’’ which is derived from an exter- S. RES. 151 DORGAN, Mr. JOHNSON, and Mr. nal source. Though not outlined in the At the request of Mr. BUNNING, the GRASSLEY): legislation, commonly used external names of the Senator from Washington S. 1086. A bill to amend the Packers sources of price include the live cattle (Ms. CANTWELL), the Senator from New and Stockyards Act, 1921, to prohibit futures market or wholesale beef mar- Mexico (Mr. UDALL), the Senator from the use of certain anti-competitive for- ket. This ensures that both buyers and Florida (Mr. NELSON) and the Senator ward contracts; to the Committee on sellers have a basis for how pricing in from Ohio (Mr. BROWN) were added as Agriculture, Nutrition, and Forestry. a contract will be derived at the time

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5703 the contract is agreed upon. Second, SECTION 1. SHORT TITLE. ‘‘(3) a packer that owns 1 livestock proc- the bill requires that forward contracts This Act may be cited as the ‘‘Livestock essing plant.’’. be traded in open, public markets. This Marketing Fairness Act’’. (b) DEFINITIONS.—Section 2(a) of the Pack- guarantees that multiple buyers and SEC. 2. PURPOSE. ers and Stockyards Act, 1921 (7 U.S.C. 182(a)) The purpose of the amendments made by is amended by adding at the end the fol- sellers can witness bids as well as offer this Act is to prohibit the use of certain lowing: their own. The Livestock Marketing anti-competitive forward contracts— ‘‘(15) FIRM BASE PRICE.—The term ‘firm Fairness Act also ensures that trading (1) to require a firm base price in forward base price’ means a transaction using a ref- of contracts be done in a manner that contracts and marketing agreements; and erence price from an external source. provides both small and large buyers (2) to require that forward contracts be ‘‘(16) FORMULA PRICE.— and sellers access to the market. Con- traded in open, public markets. ‘‘(A) IN GENERAL.—The term ‘formula price’ SEC. 3. LIMITATION ON USE OF ANTI-COMPETI- means any price term that establishes a base tracts are to be traded in sizes approxi- TIVE FORWARD CONTRACTS. mate to the common number of cattle from which a purchase price is calculated on (a) IN GENERAL.—Section 202 of the Pack- the basis of a price that will not be deter- or pigs transported in a trailer, but the ers and Stockyards Act, 1921 (7 U.S.C. 192), is mined or reported until a date after the day law does not prohibit trading from oc- amended— the forward price is established. curring in multiples of those contracts (1) by striking ‘‘Sec. 202. It shall be’’ and ‘‘(B) EXCLUSION.—The term ‘formula price’ for larger livestock orders. inserting the following: does not include— I travel to Wyoming nearly every ‘‘SEC. 202. UNLAWFUL PRACTICES. ‘‘(i) any price term that establishes a base weekend and have heard the same con- ‘‘(a) IN GENERAL.—It shall be’’; from which a purchase price is calculated on (2) by striking ‘‘to:’’ and inserting ‘‘to—’’; the basis of a futures market price; or cerns from many of our ranchers. They (3) by redesignating subsections (a), (b), want to be competitive in the market ‘‘(ii) any adjustment to the base for qual- (c), (d), (e), (f), and (g) as paragraphs (1), (2), ity, grade, or other factors relating to the and sell the best animals possible so (3), (4), (5), (7), and (8), respectively, and in- value of livestock or livestock products that that they can continue the work that denting appropriately; are readily verifiable market factors and are so many in their family have done for (4) in paragraph (7) (as redesignated by outside the control of the packer. so many years. However, this problem paragraph (3)), by designating paragraphs (1), ‘‘(17) FORWARD CONTRACT.—The term ‘for- is not isolated to Wyoming. Livestock (2), and (3) as subparagraphs (A), (B), and (C), ward contract’ means an oral or written con- producers from coast to coast are find- respectively, and indenting appropriately; tract for the purchase of livestock that pro- (5) in paragraph (8) (as redesignated by vides for the delivery of the livestock to a ing that with consolidation there are paragraph (3)), by striking ‘‘subdivision (a), fewer and fewer buyers for their ani- packer at a date that is more than 7 days (b), (c), (d), or (e)’’ and inserting ‘‘paragraph after the date on which the contract is en- mals and their options for marketing (1), (2), (3), (4), (5), or (6)’’; tered into, without regard to whether the too are being lost. This legislation not (6) in each of paragraphs (1), (2), (3), (4), (5), contract is for— only increases openness in forward con- (7), and (8) (as redesignated by paragraph (3)), ‘‘(A) a specified lot of livestock; or tracting but preserves the right for by striking the first capital letter of the first ‘‘(B) a specified number of livestock over a ranchers to choose the best methods word in the paragraph and inserting the certain period of time.’’. for selling their animals without worry same letter in the lower case; (7) in each of paragraphs (1) through (5) (as that their agreements will be subject By Mr. KERRY: redesignated by paragraph (3)), by striking S. 1087. A bill to amend the Internal to manipulation. The bill does not ‘‘or’’ at the end; apply to producer cooperatives who (8) by inserting after paragraph (5) (as re- Revenue Code of 1986 to repeal certain often own their processing facility. The designated by paragraph (3)) the following: tax incentives related to oil and gas; to legislation also carefully targets the ‘‘(6) except as provided in subsection (c), the Committee on Finance. problem—large packers owning captive use, in effectuating any sale of livestock, a Mr. KERRY. Mr. President, today I supplies—by also exempting packers forward contract that— am introducing the Energy Fairness that only own one facility and those ‘‘(A) does not contain a firm base price for America Act which repeals tax in- that may be equated to a fixed dollar that do not report for mandatory price centives for the oil and gas industry. amount on the day on which the forward This is the third consecutive Congress reporting. The Livestock Marketing contract is entered into; Fairness Act does not apply to agree- ‘‘(B) is not offered for bid in an open, pub- in which I have introduced this legisla- ments based on quality grading nor lic manner under which— tion. Some of the provisions of prior does it affect a producer’s ability to ne- ‘‘(i) buyers and sellers have the oppor- versions of my legislations were en- gotiate contracts one-on-one with buy- tunity to participate in the bid; and acted last year, but more can be done. ers. Therefore, sellers can still choose ‘‘(ii) buyers and sellers may witness bids At a time when we are trying to from a variety of methods including that are made and accepted; incentivize clean energy, we should not ‘‘(C) is based on a formula price; or continue to provide unnecessary tax in- the spot market, futures market, or ‘‘(D) subject to subsection (b), provides for other alternative marketing arrange- centives to the oil and gas industry. the sale of livestock in a quantity in excess The Energy Fairness for America Act ments. of— This bill is common sense and en- ‘‘(i) in the case of cattle, 40 cattle; would repeal the section 199 manufac- sures that our ranchers have access to ‘‘(ii) in the case of swine, 30 swine; and turing deduction for income attrib- a competitive market in these difficult ‘‘(iii) in the case of other types of live- utable to domestic production of oil economic times. Ranchers aren’t ask- stock, a comparable quantity of the type of and gas. The domestic manufacturing ing for a handout. What I am asking livestock determined by the Secretary.’’; and deduction was designed to replace ex- (9) by adding at the end the following: for is a level-playing field and an equal port-related tax benefits that were suc- ‘‘(b) ADJUSTMENTS.—The Secretary may cessfully challenged by the European opportunity for our ranchers to suc- adjust the maximum quantity of livestock ceed. I am pleased to say that I am described in subsection (a)(6)(D) to reflect Union. Producers of oil and gas did not joined by my colleagues on both sides advances in marketing and transportation benefit from this tax break. Initial leg- of the aisle in working to address this capabilities if the adjusted quantity provides islation proposed to address the repeal problem. I encourage my other col- reasonable market access for all buyers and of the export-related tax benefits and sellers. leagues to support the Livestock Mar- to replace them with a new domestic ‘‘(c) EXEMPTION FOR COOPERATIVES.—Sub- manufacturing deduction. That legisla- keting Fairness Act and to join me in section (a)(6) shall not apply to— giving ranchers an honest chance to ‘‘(1) a cooperative or entity owned by a co- tion only provided the deduction to in- make a living. operative, if a majority of the ownership industries that benefited from the ex- Mr. President, I ask unanimous con- terest in the cooperative is held by active co- port-related tax benefits. However, the sent that the text of the bill be printed operative members that— final product extended the deduction to in the RECORD. ‘‘(A) own, feed, or control livestock; and include the oil and gas industry as There being no objection, the text of ‘‘(B) provide the livestock to the coopera- well. the bill was ordered to be printed in tive for slaughter; The tax code provides numerous ‘‘(2) a packer that is not required to report other preferences to the oil and gas in- the RECORD, as follows: to the Secretary on each reporting day (as S. 1086 defined in section 212 of the Agricultural dustry. This legislation would repeal Be it enacted by the Senate and House of Rep- Marketing Act of 1946 (7 U.S.C. 1635a)) infor- provisions that do not promote low- resentatives of the United States of America in mation on the price and quantity of live- carbon energy sources and further our Congress assembled, stock purchased by the packer; or addiction to oil. The Energy Fairness

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5704 CONGRESSIONAL RECORD — SENATE May 20, 2009 for America Act would repeal the cred- other restrictions on U.S. agriculture S. 1090. A bill to amend the Internal it for the crude oil and natural gas pro- could increase U.S. beef exports from Revenue Code of 1986 to provide tax duced from marginal wells, expensing states like Montana and Colorado from credit parity for electricity produced of intangible drilling costs and 60- $1 million to as much as $13 million. from renewable resources; to the Com- month amortization and capitalized in- Lifting these restrictions could allow mittee on Finance. tangible drilling costs, exception from agricultural exporters in States like Mr. WYDEN. Mr. President, I rise to the passive loss rules for working in- North Dakota and Arkansas to obtain discuss the subject of U.S. energy pol- terests in oil and gas properties, and nearly 70 percent of Cuba’s wheat mar- icy and to introduce a series of bills to percentage depletion for oil and gas ket, nearly 40 percent of its rice mar- address this issue, S. 1090–S. 1098. wells. In addition, it would increase the ket, and more than 90 percent of its Americans consume too much oil, amortization period from two years to poultry market. Lifting these restric- and they pay too high a price for it. seven years for geological and geo- tions could allow America’s farmers National security pays a price. The en- physical expenditures incurred by inde- and ranchers to export as much as $1.2 vironment pays a price and the econ- pendent producers in connection with billion in total agricultural goods to omy clearly pays a price. It’s clear that oil and gas exploration in the U.S. Cuba. Americans can no longer afford the en- This legislation will help align our The facts also show that European ergy policy of the status quo. tax code with our broader energy goals. and other exporters already reap these Last summer, when crude oil prices Our focus should be on lowering carbon benefits. Europe has scrapped its Cuba approached $150 dollars a barrel, Amer- emissions and encouraging renewable sanctions. Just last week, EU officials icans were sending roughly $1.7 billion energy sources, not rewarding the oil were in Havana calling for full normal- dollars a day to foreign countries to and gas industry. I urge my colleagues ization of ties. Those officials made no pay to cover their addiction to oil. to join me in eliminating these unnec- secret of wanting to solidify ties with That’s $1.7 billion a day that was not essary tax breaks. Cuba now to get the jump on the U.S. invested here at home. Rather it went Those are the facts as I see them. But into the pockets of oil producers in for- By Mr. BAUCUS (for himself, Mr. that is not all I see. I am not blind to eign countries—and often to countries CRAPO, Ms. CANTWELL, Mr. ROB- the Cuban people’s suffering or the that oppose America’s interests and ERTS, Ms. LANDRIEU, Mr. BINGA- crimes of their government. I am not undermine American security. A third of the oil Americans use comes from MAN, Mrs. LINCOLN, Mr. HARKIN, deaf to the calls for political and reli- the OPEC oil cartel—a cartel that in- Mrs. MURRAY, Mr. PRYOR, Mr. gious freedom just 90 miles off our cludes governments who are either BOND, Mr. JOHNSON, Mr. DOR- shores. But I also see that increased openly hostile to the United States or GAN, Mr. WYDEN, Mr. LUGAR, trade ties historically have led to im- who provide a haven and support to Mrs. MCCASKILL, and Mr. ENZI): proved political ties, whether between those who are. American dependence S. 1089. A bill to facilitate the export Argentina and Brazil in this hemi- of United States agricultural commod- on their oil is a recipe for disaster. sphere or between former rival nations Oil prices have retreated, but Amer- ities and products to Cuba as author- in Europe. ized by the Trade Sanctions Reform ica’s addiction to oil has not let up. Am I certain that increased trade The Nation’s transportation system is and Export Enhancement Act of 2000, will improve our political ties with to establish an agricultural export pro- almost entirely fueled by it. When the Cuba? I am not. But I am certain that price of oil goes up, transportation motion program with respect to Cuba, we have had these sanctions in place to remove impediments to the export costs go up, which means shipping for over 5 decades. I am certain that costs and the cost of everything that to Cuba of medical devices and medi- five decades of sanctions have made no has to be shipped goes up right along cines, to allow travel to Cuba by Cuban freer, no nation more pros- with it. United States citizens and legal resi- perous, and no government more demo- On top of all the other faults oil dents, to establish an agricultural ex- cratic. I am certain that one side has brings with it, burning fossil fuels is port promotion program with respect gotten its chance and its way. I am cer- bad for our health and the health of to Cuba, and for other purposes; to the tain that the status quo must now our planet. Burning fossil fuels pro- Committee on Finance. change. duces 86 percent of the man-made Mr. BAUCUS. Mr. President, this Na- Here is how I propose to change our greenhouse gases released into the en- tion and this body have debated divi- status quo with Cuba. My bill, which 15 vironment every year in the U.S. sive trade issues for more than a cen- other Democratic and Republic Sen- Motor fuels have become cleaner over tury. In the 1820s, the cotton, indigo, ators have joined, would help U.S. the years, but they still heat up the en- and rice exporting southern States farmers and ranchers sell their prod- vironment with greenhouse gases, just quarreled with northern States intent ucts to Cuba by facilitating cash pay- like burning coal at electric generation on protecting nascent manufacturing ment for agricultural goods, author- plants. Continuing to rely on energy In the 1930s, President Hoover’s appeals izing direct transfers between U.S. and sources that do harm to the air, land to save American jobs brought the Cuban banks, and creating a U.S. agri- and water is a failed policy and bad for Smoot-Hawley tariff. cultural export promotion fund. This America’s future. Since the Second World War, Amer- bill also eases restrictions on exports Spelling out the problem, however, is ica has moved to open the world’s mar- of medicines and medical devices. It al- the easy part. There is no silver bullet kets and our own. We are better for it. lows all Americans to travel to Cuba— when it comes to remaking the way the But divisive trade debates do and will not just one particular group. entire nation consumes energy and en- continue. Few debates have been as John Stuart Mill wrote that ‘‘Com- couraging the development of viable al- long and contentious as those regard- merce first taught nations to see with ternatives. No one person, organization ing our economic sanctions on Cuba. goodwill the wealth and prosperity of or piece of legislation can do it alone. I am introducing legislation today to one another. Before, the patriot . . . If America is going to get on the path bring this divisive debate to an end. I wished all countries weak, poor, and to real energy independence, Ameri- do so not as an ideologue or a partisan. ill-governed but his own . . .’’ For too cans not only have to build that path, I am neither the Cuban government’s long, America has stood atop our barri- every American is going to have to friend nor its staunchest enemy. I in- cade of sanctions and looked down commit to changing course in the way stead am a Montanan. Like most Mon- upon a weak, poor, and ill-governed they use energy. While I believe that tanans, I take no pleasure in disagree- Cuba. Let us now open our commerce Government cannot simply legislate ment. Like most Montanans, I try to with Cuba. Let us wish them wealth, such transformative change, it is my make a deal when I can. Like most prosperity, and an abundance of all view that government can provide the Montanans, I stick to the facts. that we value and hold dear in Amer- incentives and framework needed to Here is how I see the facts. Opening ica. empower Americans to rise to the chal- Cuba to our exports means money in lenge. the pockets of farmers and ranchers By Mr. WYDEN (for himself and While I cannot tell you where the across America. Lifting financing and Ms. CANTWELL): next advancement in green energy will

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5705 come from, I know that given the right up a variety of economic opportunities ing fuel-efficient vehicles an affordable tools and incentives there is no limit for hard hit rural communities. It is choice for more Americans. to what American ingenuity can also a step towards a sound national But reducing oil use by the transpor- achieve. This is why today I am offer- energy policy. tation sector alone is not enough. ing a series of proposals to speed up our However, if the U.S. is going to have Some forty percent of energy use in the progress toward a cleaner energy fu- a Renewable Fuel Standard for motor U.S. is consumed in buildings. So I am ture. My proposals address the spec- fuels, then it really ought to be a introducing legislation to empower trum of solutions needed to get there. standard open to all renewable fuels, American families—as well as small They start with harnessing the intel- not just a chosen few. This is why my and mid-sized businesses—to save en- lectual power of our colleges and uni- legislation would allow a range of energy and install clean energy equip- versities to invent new energy tech- ergy sources to qualify as motor ment. The ‘‘Re-Energize America Loan nologies. They create new incentives ‘‘fuels’’ including electricity for plug- Program’’ will create a $10 billion re- for businesses to turn those tech- in cars, methane to fuel compressed volving loan program to allow home nologies into new energy products. natural gas vehicles, and hydrogen for and property owners and small and They give consumers incentives to buy fuel cells. Initially, these low-carbon mid-sized businesses, schools, hospitals and install those new energy tech- fuels could come from conventional and others to make clean energy in- nologies in their homes and businesses. sources, such as electricity from the vestments. This zero-interest loan pro- If America is going to cut back in its electric grid, but eventually they gram would be administered at the use of oil, then it needs to take a hard would need to come from renewable en- State level, not by bureaucrats in look at the single largest user of oil, ergy sources. Washington, DC, so it will be tailored the transportation sector. Today, I am Singling out ethanol as the only ad- to regional needs. It would be financed proposing a three-pronged program to ditive approved for motor fuel only cre- through the transfer of Federal energy dramatically reduce the amount of oil ates a market for ethanol, which in royalties paid on the production of Americans use every day to get to turn discourages research and invest- coal, gas and oil, and renewable energy work, do their errands, and transport ment in other promising fuels. Cre- from Federal land. It would empower American products to market. ating a technology neutral ‘‘low-car- Americans and businesses to help First, I propose to dramatically re- bon’’ standard to replace traditional themselves and help their country vise the Renewable Fuel Standard that fossil fuels with alternative lower-car- start laying the groundwork for an en- now requires gasoline and diesel fuel bon domestic fuels opens the door for a tirely different energy future. providers to blend larger and larger whole host of advancements and inno- States like Oregon have enormous amounts of ethanol and other biofuels vations yet unknown. potential for development of renewable into motor fuel. I strongly support the In addition to supplying new, clean- energy—solar, wind, geothermal, bio- continued development of biofuels, es- er, renewable transportation fuels, I mass, wave and tidal. The challenge is pecially those that do not require the will also be introducing legislation to to find new ways to harness these ener- use of food grains like corn and oils authorize the U.S. Department of gies. Renewable energy is also not just used to make them. But as we have Transportation to designate ‘‘Energy about fuel that goes into cars or elec- seen in recent years, you cannot divert Smart Transportation Corridors’’ so tricity for homes or buildings. Renew- large amounts of food grains and oils that these fuels will be readily available energy can also be used to heat without impacting the supply and price able for consumers. By working with homes and buildings, and power fac- of those commodities. Last year, near- trucking companies, fuel providers, and tories and businesses. So I am intro- ly a third of the U.S. corn crop was State and local officials, the Transpor- ducing legislation to provide tax cred- used for ethanol production, leading to tation Department would establish its for the production of energy from more expensive food for families at a which alternative fuels would be avail- renewable sources, such as steam from time when they can least afford it. able and where they could be pur- geothermal wells, or biogas from That does not make sense to me. chased. They would standardize other feedlots or dairy farms that is sold di- The current standard also does not features such as weight limit standards rectly to commercial and industrial do enough to genuinely reduce the geared towards reducing fossil fuel use customers. A separate credit would be amount of oil being consumed. In part and the release of greenhouse gases. available if this renewable energy is this is because fuels like ethanol sim- The corridors would also include des- used right on site to heat a building or ply do not contain as much energy per ignation of other methods of freight provide energy for the dairy. gallon as the gasoline it is intended to and passenger transportation, such as The goal of this bill is to foster the replace. The existing standard is aimed rail or mass transit—to help reduce development of new renewable energy at replacing less than 15 percent of U.S. transportation fuel use. technologies while expanding the mar- gasoline and diesel fuel with renewable Beyond empowering Americans to ket for renewable energy beyond the fuels. I think we can do better, which is make more energy efficient choices, wind farms and electric generation why my proposal aims to replace a my legislation would make sure that plants already in place. The amount of third of those fuels with new low-car- energy efficient choices are within the the tax credit will no longer be tied to bon fuels. Right now a third of the reach of more Americans. Because I be- the way energy is produced but rather United States gasoline is imported lieve that energy efficient vehicles the amount of energy produced. This from OPEC countries. Let us aim to should not just be a luxury item for af- will help new energy technologies get get this country off OPEC oil once and fluent Americans, I will be reintro- in the game, and reward solutions that for all. ducing legislation to provide tax cred- create the most energy. I am also in- I want to make it clear that I am not its to Americans who purchase fuel ef- troducing legislation to end the cur- proposing these changes because I am ficient vehicles. Vehicles getting at rent tax penalty on biomass, hydro- opposed to using renewable fuels. I least 10 percent more than national av- electric, wave and tidal energies and have already introduced legislation—S. erage fuel efficiency would get a $900 other forms of renewable energy that 536—to allow biomass from Federal tax credit. The credit would increase are only eligible for half of the avail- lands to be used in the production of up to $2,500 as vehicle fuel efficiency able Federal production tax credit. biofuels. Under the existing Renewable increased. The bill also provides a tax America needs all of these resources if Fuel Standard, biomass from Federal credit for heavy truck owners to install it is going to move into a new energy lands is prohibited from being used as a fuel saving equipment. And it would in- future. My goal is to create a level renewable fuel. This makes no sense crease both the gas guzzler tax and the playing field and give all of these tech- from either an energy perspective or an civil penalty for vehicle manufacturers nologies the full tax benefit in order to environmental perspective. Allowing who miss their legally-required Cor- stimulate investment and get more re- for the use of fuel derived from biomass porate Average Fuel Economy, CAFE, newable energy projects built. from Federal lands will reduce the requirements. The technology-neutral One big advantage of renewable en- threat of catastrophic wild fires, help tax credit is designed to get more fuel- ergy is that some form of it can be make those forests healthier, and open efficient vehicles on the road by mak- found on every corner, and in every

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5706 CONGRESSIONAL RECORD — SENATE May 20, 2009 corner of the country. Whether it’s a also introducing this proposal as a Such term may include hydroelectric solar panel on a home or store—or geo- stand-alone bill to help ensure that job pumped storage and compressed air energy thermal power plant—there is renew- training gets the attention that it storage, regenerative fuel cells, batteries, able energy potential virtually every- needs. What good will ‘‘green jobs’’ do superconducting magnetic energy storage, flywheels, thermal, and hydrogen storage, or where. One set of technologies that can for Americans if Americans don’t have combination thereof. make renewable energy even more the skills that these jobs will demand? ‘‘(B) MINIMUM CAPACITY.—The term ‘quali- available are energy storage tech- My goal in formulating this agenda fied energy storage property’ shall not in- nologies. These are solutions that can has been to mobilize Americans and clude any property unless such property in store solar energy during the day for American resources to achieve authen- aggregate— use at night, or store wind energy when tic energy independence and a new en- ‘‘(i) has the ability to store at least 2 the wind blows, to be used when it does ergy future. To really accomplish this megawatt hours of energy, and not. goal, I believe we must employ every ‘‘(ii) has the ability to have an output of Simply put, not enough attention has 500 kilowatts of electricity for a period of 4 tool at our disposal. But in the end the hours. been paid to the use of energy storage success or failure of any effort to ‘‘(C) ELECTRICAL GRID.—The term ‘elec- technologies, which can also address transform the way Americans use en- trical grid’ means the system of generators, daily and seasonal peaks in energy de- ergy will ultimately rest with the transmission lines, and distribution facili- mand such as all of those air condi- American people. There is no question ties which— tioners that Americans will soon be that this will not be easy, but I have ‘‘(i) are under the jurisdiction of the Fed- putting to good use during the sum- faith that the energy challenges facing eral Energy Regulatory Commission or State mer’s hottest days. Federal funding for the nation today are no match for the public utility commissions, or energy storage technologies has been ‘‘(ii) are owned by— collective ingenuity, talent and energy ‘‘(I) a State or any political subdivision of virtually nonexistent. So I am intro- of the American people. Let us put a State, ducing legislation to create an invest- those resources to work. ‘‘(II) an electric cooperative that receives ment tax credit that will help pay for Mr. President, I ask unanimous con- financing under the Rural Electrification the installation of energy storage sent that the text of the bills be print- Act of 1936 (7 U.S.C. 901 et seq.) or that sells equipment both by energy companies ed in the RECORD. less than 4,000,000 megawatt hours of elec- who connect it to the electric trans- There being no objection, the text of tricity per year, or mission and distribution system and the bills were ordered to be printed in ‘‘(III) any agency, authority, or instrumentality of any one or more of the entities de- for on-site use in buildings, homes, and the RECORD, as follows: scribed in subclause (I) or (II), or any cor- factories. Any number of different S. 1090 poration which is wholly owned, directly or types of storage technology can qual- Be it enacted by the Senate and House of Rep- indirectly, by any one or more of such enti- ify—batteries, flywheels, pumped water resentatives of the United States of America in ties.’’. storage, to name a few. The credit Congress assembled, (c) EFFECTIVE DATE.—The amendments would be based on the energy stored, SECTION 1. SHORT TITLE. made by this section shall apply to periods not on the technology used. This Act may be cited as the ‘‘Renewable after the date of the enactment of this Act, The goal throughout the bills I am Energy Parity and Investment Remedy Act’’ under rules similar to the rules of section introducing today is not to pick win- or ‘‘REPAIR Act’’. 48(m) of the Internal Revenue Code of 1986 ners and losers. The goal is to encour- SEC. 2. TAX CREDIT PARITY FOR ELECTRICITY (as in effect on the day before the date of the PRODUCED FROM RENEWABLE RE- age innovation and installation. enactment of the Revenue Reconciliation SOURCES. Act of 1990). Last but not least, America not only Subparagraph (A) of section 45(b)(4) of the SEC. 3. ENERGY STORAGE PROPERTY CON- needs new solutions to our energy Internal Revenue Code of 1986 is amended by NECTED TO THE GRID ELIGIBLE FOR problems. It needs a skilled workforce inserting ‘‘and before 2010’’ after ‘‘any cal- NEW CLEAN RENEWABLE ENERGY to make them a reality. So, I am also endar year after 2003’’. BONDS. proposing an ‘‘Energy Grant’’ Higher S. 1091 (a) IN GENERAL.—Paragraph (1) of section Education program to provide $300 mil- Be it enacted by the Senate and House of Rep- 54C(d) of the Internal Revenue Code of 1986 is lion a year to America’s colleges and resentatives of the United States of America in amended to read as follows: universities to work on regional energy Congress assembled, ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- ITY.—The term ‘qualified renewable energy problems. This program is modeled on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Storage facility’ means a facility which is— the highly successful SeaGrant re- ‘‘(A)(i) a qualified facility (as determined search and education program that has Technology of Renewable and Green Energy Act of 2009’’ or the ‘‘STORAGE Act of 2009’’. under section 45(d) without regard to para- been run by the U.S. Department of graphs (8) and (10) thereof and to any placed SEC. 2. ENERGY INVESTMENT CREDIT FOR EN- in service date), or Commerce for more than 30 years and ERGY STORAGE PROPERTY CON- the SunGrant program established to NECTED TO THE GRID. ‘‘(ii) a qualified energy storage property research biofuels. The EnergyGrant (a) 20 PERCENT CREDIT ALLOWED.—Subpara- (as defined in section 48(c)(5)), and program would fund groups of colleges graph (A) of section 48(a)(2) of the Internal ‘‘(B) owned by a public power provider, a Revenue Code of 1986 is amended— governmental body, or a cooperative electric and universities to do research and de- company.’’. velop education programs aimed at (1) by striking ‘‘and’’ at the end of subclause (IV) of clause (i), (b) EFFECTIVE DATE.—The amendment unique opportunities and challenges in (2) by striking ‘‘clause (i)’’ in clause (ii) made by this section shall apply to obliga- each region of the country. Why rely and inserting ‘‘clause (i) or (ii)’’, tions issued after the date of the enactment solely on the Federal Government re- (3) by redesignating clause (ii) as clause of this Act. search programs to come up with solu- (iii), and SEC. 4. ENERGY INVESTMENT CREDIT FOR ON- tions for regional energy issues when (4) by inserting after clause (i) the fol- SITE ENERGY STORAGE. labs and research departments at col- lowing new clause: (a) CREDIT ALLOWED.—Clause (i) of section leges and universities around the coun- ‘‘(ii) 20 percent in the case of qualified en- 48(a)(2)(A) of the Internal Revenue Code of try can contribute to the effort? ergy storage property, and’’. 1986, as amended by this Act, is amended— The Senate Energy Committee has (b) QUALIFIED ENERGY STORAGE PROP- (1) by striking ‘‘and’’ at the end of sub- ERTY.—Subsection (c) of section 48 of the In- clause (III), already adopted legislation I have pro- ternal Revenue Code of 1986 is amended by (2) by inserting ‘‘and’’ at the end of sub- posed to create a $100 million a year, adding at the end the following new para- clause (IV), and community college-based training pro- graph: (3) by adding at the end the following new gram for skilled technicians to build, ‘‘(5) QUALIFIED ENERGY STORAGE PROP- subclause: install and maintain the new American ERTY.— ‘‘(V) qualified onsite energy storage prop- energy infrastructure of wind turbines, ‘‘(A) IN GENERAL.—The term ‘qualified en- erty,’’. geothermal energy plants, fuel cells, ergy storage property’ means property— (b) QUALIFIED ONSITE ENERGY STORAGE and other 21st Century technologies. ‘‘(i) which is directly connected to the PROPERTY.—Subsection (c) of section 48 of electrical grid, and the Internal Revenue Code of 1986, as amend- Without these skilled workers, this fu- ‘‘(ii) which is designed to receive electrical ed by this Act, is amended by adding at the ture will not happen and without effec- energy, to store such energy, and to convert end the following new paragraph: tive training programs there won’t be such energy to electricity and deliver such ‘‘(6) QUALIFIED ONSITE ENERGY STORAGE skilled workers to fill the jobs. I am electricity for sale. PROPERTY.—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5707

‘‘(A) IN GENERAL.—The term ‘qualified on- ing ‘‘section 25C(f)’’ and inserting ‘‘section (3) reapply for a subsequent allocation at site energy storage property’ means property 25C(g)’’. the end of the 5-year period covered by the which— (c) EFFECTIVE DATE.—The amendments plan. ‘‘(i) provides supplemental energy to re- made by this section shall apply to property (e) ALLOCATION.—In approving plans sub- duce peak energy requirements primarily on placed in service after the date of the enact- mitted by the States under subsection (d) the same site where the storage is located, or ment of this Act. and allocating funds among States under this section, the Secretary shall consider— ‘‘(ii) is designed and used primarily to re- S. 1092 ceive and store intermittent renewable en- (1) the likely energy savings and renewable ergy generated onsite and to deliver such en- Be it enacted by the Senate and House of Rep- energy potential of the plans,; ergy primarily for onsite consumption. resentatives of the United States of America in (2) regional energy needs; and Congress assembled, (3) the equitable distribution of funds Such term may include property used to SECTION 1. SHORT TITLE. among regions of the United States. charge plug-in and hybrid electric vehicles if (f) MAXIMUM AMOUNT; TERM.—A loan pro- such vehicles are equipped with smart grid This Act may be cited as the ‘‘Reenergize America Loan Program Act of 2009’’. vided by a State using funds allocated under services which control time-of-day charging this section shall be— SEC. 2. REENERGIZE AMERICA LOAN PROGRAM. and discharging of such vehicles. Such term (1) in an amount not to exceed $5,000,000; shall not include any property for which any (a) DEFINITIONS.—In this section: and other credit is allowed under this chapter. (1) FUND.—The term ‘‘Fund’’ means the Re- (2) for a term of not to exceed 4 years. ‘‘(B) MINIMUM CAPACITY.—The term ‘quali- energize America Loan Program Fund estab- (g) REENERGIZE AMERICA LOAN PROGRAM fied onsite energy storage property’ shall not lished by subsection (g). FUND.— include any property unless such property in (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (1) ESTABLISHMENT.—There is established aggregate— has the meaning given the term in section 4 in the Treasury of the United States a re- ‘‘(i) has the ability to store the energy of the Indian Self-Determination and Edu- volving fund, to be known as the ‘‘Reenergize equivalent of at least 20 kilowatt hours of cation Assistance Act (25 U.S.C. 450b). America Loan Program Fund’’, consisting of energy, and (3) PROGRAM.—The term ‘‘Program’’ means such amounts as are transferred to the Fund ‘‘(ii) has the ability to have an output of the Green America Loan Program estab- under paragraph (2). the energy equivalent of 5 kilowatts of elec- lished by subsection (b). (2) TRANSFERS TO FUND.—From any Federal tricity for a period of 4 hours.’’. (4) QUALIFIED PERSON.—The term ‘‘qualified royalties, rents, and bonuses derived from (c) EFFECTIVE DATE.—The amendments person’’ means an individual or entity that Federal onshore and offshore oil, gas, coal, made by this section shall apply to periods is determined to be capable of meeting all or alternative energy leases issued under the after the date of the enactment of this Act, terms and conditions of a loan provided Outer Continental Shelf Lands Act (43 U.S.C. under rules similar to the rules of section under this section based on the criteria and 1331 et seq.) or the Mineral Leasing Act (30 48(m) of the Internal Revenue Code of 1986 procedures approved by the Secretary in a U.S.C. 181 et seq.) that are deposited in the (as in effect on the day before the date of the plan submitted under subsection (d). Treasury, and after distribution of any funds enactment of the Revenue Reconciliation (5) SECRETARY.—The term ‘‘Secretary’’ described in paragraph (3), there shall be Act of 1990). means the Secretary of Energy. transferred to the Fund $1,000,000,000 for each SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STOR- (6) STATE.—The term ‘‘State’’ means— of fiscal years 2010 through 2020. AGE EQUIPMENT. (A) a State; (3) PRIOR DISTRIBUTIONS.—The distributions (a) CREDIT ALLOWED.—Subsection (a) of (B) the District of Columbia; referred to in paragraph (2) are those re- section 25C of the Internal Revenue Code of (C) the Commonwealth of Puerto Rico; quired by law— 1986 is amended— (D) any other territory or possession of the (A) to States and to the Reclamation Fund (1) by striking ‘‘and’’ at the end of para- United States; and under the Mineral Leasing Act (30 U.S.C. graph (1), (E) an Indian tribe. 191(a)); and (2) by redesignating paragraph (2) as para- (b) ESTABLISHMENT.—There is established (B) to other funds receiving amounts from graph (3), and within the Department of Energy a revolving Federal oil and gas leasing programs, includ- (3) by inserting after paragraph (1) the fol- loan program to be known as the ‘‘Reener- ing— lowing new paragraph: gize America Loan Program’’. (i) any recipients pursuant to section 8(g) ‘‘(2) 30 percent of the amount paid or in- (c) ALLOCATIONS TO STATES.— of the Outer Continental Shelf Lands Act (43 curred by the taxpayer for qualified residen- (1) IN GENERAL.—In carrying out the Pro- U.S.C. 1337(g)); tial energy storage equipment installed dur- gram, the Secretary shall allocate funds to (ii) the Land and Water Conservation ing such taxable year, and’’. States for use in providing zero-interest Fund, pursuant to section 2(c) of the Land (b) QUALIFIED RESIDENTIAL ENERGY STOR- loans to qualified persons to carry out resi- and Water Conservation Fund Act of 1965 (16 AGE EQUIPMENT.— dential, commercial, industrial, and trans- U.S.C. 460l–5(c)); (1) IN GENERAL.—Section 25C of the Inter- portation energy efficiency and renewable (iii) the Historic Preservation Fund, pursu- nal Revenue Code of 1986 is amended— generation projects contained in State en- ant to section 108 of the National Historic (A) by redesignating subsections (e), (f), ergy conservation plans submitted and ap- Preservation Act (16 U.S.C. 470h); and and (g) as subsections (f), (g), and (h), respec- proved under sections 362 and 363 of the En- (iv) the coastal impact assistance program tively, and ergy Policy and Conservation Act (42 U.S.C. established under section 31 of the Outer (B) by inserting after subsection (d) the 6322, 6323), respectively. Continental Shelf Lands Act (43 U.S.C. following new subsection: (2) ADMINISTRATIVE EXPENSES.—A State 1356a). ‘‘(d) QUALIFIED RESIDENTIAL ENERGY STOR- that receives an allocation of funds under (4) EXPENDITURES FROM FUND.— AGE EQUIPMENT.—For purposes of this sec- this subsection may impose on each qualified (A) IN GENERAL.—Subject to subparagraph tion, the term ‘qualified residential energy person that receives a loan from the allo- (B), on request by the Secretary, the Sec- storage equipment’ means property— cated funds of the State administrative fees retary of the Treasury shall transfer from ‘‘(1) which is installed in or on a dwelling to cover the costs incurred by the State in the Fund to the Secretary such amounts as unit located in the United States and owned administering the loan. the Secretary determines to be necessary to and used by the taxpayer as the taxpayer’s (3) REPAYMENT AND RETURN OF PRINCIPAL.— provide allocations to States under sub- principal residence (within the meaning of Return of principal from loans provided by a section (c). section 121), or on property owned by the State may be retained by the State for the (B) ADMINISTRATIVE EXPENSES.—An amount taxpayer on which such a dwelling unit is lo- purpose of making additional loans pursuant not exceeding 5 percent of the amounts in cated, and to— the Fund shall be available for each fiscal ‘‘(2) which— (A) a plan approved by the Secretary under year to pay the administrative expenses nec- ‘‘(A) provides supplemental energy to re- subsection (d); and essary to carry out this subsection. duce peak energy requirements primarily on (B) such terms and conditions as the Sec- (5) TRANSFERS OF AMOUNTS.— the same site where the storage is located, or retary considers appropriate to ensure the fi- (A) IN GENERAL.—The amounts required to ‘‘(B) is designed and used primarily to re- nancial integrity of the Program. be transferred to the Fund under this sub- ceive and store intermittent renewable en- (d) APPLICATION.—A State that seeks to re- section shall be transferred at least monthly ergy generated onsite and to deliver such en- ceive an allocation under this section shall— from the general fund of the Treasury to the ergy primarily for onsite consumption. (1) submit to the Secretary for review and Fund on the basis of estimates made by the Such term may include property used to approval a 5-year plan for the administration Secretary of the Treasury. charge plug-in and hybrid electric vehicles if and distribution by the State of funds from (B) ADJUSTMENTS.—Proper adjustment such vehicles are equipped with smart grid the allocation, including a description of cri- shall be made in amounts subsequently services which control time-of-day charging teria that the State will use to determine transferred to the extent prior estimates and discharging of such vehicles. Such term the qualifications of potential borrowers for were in excess of or less than the amounts shall not include any property for which any loans made from the allocated funds; required to be transferred. other credit is allowed under this chapter.’’. (2) agree to submit to annual audits with (h) FUNDING.—Notwithstanding any other (2) CONFORMING AMENDMENT.—Section respect to any allocated funds received and provision of law, for each of fiscal years 2010 1016(a)(33) of such Code is amended by strik- distributed by the State; and through 2020, the Secretary shall use to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5708 CONGRESSIONAL RECORD — SENATE May 20, 2009

carry out the Program such amounts as are The appli- ‘‘(2) MODEL YEAR.—The term ‘model year’ available in the Fund. ‘‘The fuel economy of: cable has the meaning given such term under sec- S. 1093 amount is: tion 32901(a) of such title 49. Be it enacted by the Senate and House of Rep- ‘‘(3) MOTOR VEHICLE.—The term ‘motor ve- resentatives of the United States of America in At least 26.5 but less than 27.5 .. $900. hicle’ means any vehicle which is manufac- Congress assembled, At least 27.5 but less than 28.5 .. $1,000. tured primarily for use on public streets, At least 28.5 but less than 29.5 .. $1,100. roads, and highways (not including a vehicle SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. At least 29.5 but less than 30.5 .. $1,200. operated exclusively on a rail or rails) and At least 30.5 but less than 31.5 .. $1,300. which has at least 4 wheels. (a) SHORT TITLE.—This Act may be cited as the ‘‘Oil Independence, Limiting Subsidies, At least 31.5 but less than 32.5 .. $1,400. ‘‘(4) FUEL ECONOMY; AVERAGE FUEL ECONOMY At least 32.5 but less than 33.5 .. $1,500. and Accelerating Vehicle Efficiency Act’’ or STANDARD.—The terms ‘fuel economy’ and At least 33.5 but less than 34.5 .. $1,600. the ‘‘OILSAVE Act’’. ‘average fuel economy standard’ have the At least 34.5 but less than 35.5 .. $1,700. (b) AMENDMENT OF 1986 CODE.—Except as meanings given such terms under section At least 35.5 but less than 36.5 .. $1,800. otherwise expressly provided, whenever in 32901 of such title 49. At least 36.5 but less than 37.5 .. $1,900. ‘‘(e) SPECIAL RULES.— this Act an amendment or repeal is ex- At least 37.5 but less than 38.5 .. $2,000. ‘‘(1) BASIS REDUCTION.—For purposes of this pressed in terms of an amendment to, or re- At least 38.5 but less than 39.5 .. $2,100. subtitle, the basis of any property for which peal of, a section or other provision, the ref- At least 39.5 but less than 40.5 .. $2,200. a credit is allowable under subsection (a) erence shall be considered to be made to a At least 40.5 but less than 41.5 .. $2,300. shall be reduced by the amount of such cred- section or other provision of the Internal At least 41.5 but less than 42.5 .. $2,400. it so allowed. Revenue Code of 1986. At least 42.5 ...... $2,500. ‘‘(2) NO DOUBLE BENEFIT.—The amount of SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR any deduction or other credit allowable VEHICLES. ‘‘(b) NEW QUALIFIED FUEL-EFFICIENT MOTOR under this chapter for a new qualified fuel- (a) IN GENERAL.—Subpart B of part IV of VEHICLE.—For purposes of this section, the efficient motor vehicle shall be reduced by subchapter A of chapter 1 (relating to other term ‘new qualified fuel-efficient motor vehi- the amount of credit allowed under sub- credits) is amended by inserting after section cle’ means a passenger automobile or non- section (a) for such vehicle. 30D the following new section: passenger automobile— ‘‘(3) CREDIT MAY BE TRANSFERRED.— ‘‘SEC. 30E. FUEL-EFFICIENT MOTOR VEHICLE ‘‘(1) which is treated as a motor vehicle for ‘‘(A) IN GENERAL.—A taxpayer may, in con- CREDIT. purposes of title II of the Clean Air Act, nection with the purchase of a new qualified ‘‘(a) ALLOWANCE OF CREDIT.— ‘‘(2) which— fuel-efficient motor vehicle, transfer any ‘‘(1) IN GENERAL.—There shall be allowed as ‘‘(A) in the case of a passenger automobile, credit allowable under subsection (a) to any a credit against the tax imposed by this achieves a fuel economy of not less than 110 person who is in the trade or business of sell- chapter for the taxable year an amount percent of the industry-wide average fuel ing new qualified fuel-efficient motor vehi- equal to the amount determined under para- economy standard for the model year for all cles, but only if such person clearly discloses graph (2) with respect to any new qualified passenger automobiles, and to such taxpayer, through the use of a win- fuel-efficient motor vehicle placed in service ‘‘(B) in the case of a non-passenger auto- dow sticker attached to the new qualified by the taxpayer during the taxable year. mobile, achieves a fuel economy of not less fuel-efficient vehicle— ‘‘(2) CREDIT AMOUNT.—With respect to each than 110 percent of the industry-wide aver- ‘‘(i) the amount of any credit allowable new qualified fuel-efficient motor vehicle, age fuel economy standard for the model under subsection (a) with respect to such ve- the amount determined under this paragraph year for all non-passenger automobiles, hicle (determined without regard to sub- shall be equal to— ‘‘(3) which has a gross vehicle weight rat- section (c)), and ‘‘(A) in the case of any vehicle manufac- ing of less than 14,000 pounds, ‘‘(ii) a notification that the taxpayer will tured in model year 2011, the applicable ‘‘(4) the original use of which commences not be eligible for any credit under section amount determined in accordance with the with the taxpayer, 30, 30B, or 30D with respect to such vehicle table contained in paragraph (3), and ‘‘(5) which is acquired for use or lease by unless the taxpayer elects not to have this ‘‘(B) in the case of any passenger auto- the taxpayer and not for resale, and section apply with respect to such vehicle. mobile or non-passenger automobile manu- ‘‘(6) which is made by a manufacturer dur- ‘‘(B) CONSENT REQUIRED FOR REVOCATION.— factured in a model year after 2011, the lesser ing the period beginning with model year Any transfer under subparagraph (A) may be of— 2011 and ending with model year 2020. revoked only with the consent of the Sec- ‘‘(i) the sum of— ‘‘(c) APPLICATION WITH OTHER CREDITS.— retary. ‘‘(I) $900, plus ‘‘(1) BUSINESS CREDIT TREATED AS PART OF ‘‘(C) REGULATIONS.—The Secretary may ‘‘(II) $100 for each whole mile per gallon in GENERAL BUSINESS CREDIT.—So much of the prescribe such regulations as necessary to excess of 110 percent of the respective indus- credit which would be allowed under sub- ensure that any credit described in subpara- try-wide average fuel economy standard for section (a) for any taxable year (determined graph (A) is claimed once and not retrans- such model year for all passenger auto- without regard to this subsection) that is at- ferred by a transferee. mobiles and all non-passenger automobiles, tributable to property of a character subject ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES or to an allowance for depreciation shall be NOT QUALIFIED.—No credit shall be allowable ‘‘(ii) $2,500. treated as a credit listed in section 38(b) for under subsection (a) with respect to any PPLICABLE AMOUNT.—For purposes of ‘‘(3) A such taxable year (and not allowed under property referred to in section 50(b)(1). paragraph (2)(A), the applicable amount subsection (a)). ‘‘(5) RECAPTURE.—The Secretary shall, by shall be determined as follows: ‘‘(2) PERSONAL CREDIT.— regulations, provide for recapturing the ben- ‘‘(A) In the case of a passenger automobile ‘‘(A) IN GENERAL.—For purposes of this efit of any credit allowable under subsection which achieves: title, the credit allowed under subsection (a) (a) with respect to any property which ceases for any taxable year (determined after appli- to be property eligible for such credit. The application of paragraph (1)) shall be treated as a ‘‘(6) ELECTION NOT TO TAKE CREDIT.—No ‘‘The fuel economy of: cable credit allowable under subpart A for such credit shall be allowed under subsection (a) amount is: taxable year. for any vehicle if the taxpayer elects to not ‘‘(B) LIMITATION BASED ON AMOUNT OF have this section apply to such vehicle. At least 33.2 but less than 34.2 .. $900. TAX.—In the case of a taxable year to which ‘‘(7) INTERACTION WITH AIR QUALITY AND At least 34.2 but less than 35.2 .. $1,000. section 26(a)(2) does not apply, the credit al- MOTOR VEHICLE SAFETY STANDARDS.—A motor At least 35.2 but less than 36.2 .. $1,100. lowed under subsection (a) for any taxable vehicle shall not be considered eligible for a At least 36.2 but less than 37.2 .. $1,200. year (determined after application of para- credit under this section unless such vehicle At least 37.2 but less than 38.2 .. $1,300. graph (1)) shall not exceed the excess of— is in compliance with— At least 38.2 but less than 39.2 .. $1,400. ‘‘(i) the sum of the regular tax liability (as ‘‘(A) the applicable provisions of the Clean At least 39.2 but less than 40.2 .. $1,500. defined in section 26(b)) plus the tax imposed Air Act for the applicable make and model At least 40.2 but less than 41.2 .. $1,600. by section 55, over year of the vehicle (or applicable air quality At least 41.2 but less than 42.2 .. $1,700. ‘‘(ii) the sum of the credits allowable under provisions of State law in the case of a State At least 42.2 but less than 43.2 .. $1,800. subpart A (other than this section and sec- which has adopted such provision under a At least 43.2 but less than 44.2 .. $1,900. tions 23, 25D, 30, and 30D) and section 27 for waiver under section 209(b) of the Clean Air At least 44.2 but less than 45.2 .. $2,000. the taxable year. Act), and At least 45.2 but less than 46.2 .. $2,100. ‘‘(d) OTHER DEFINITIONS.—For purposes of ‘‘(B) the motor vehicle safety provisions of At least 46.2 but less than 47.2 .. $2,200. this section— sections 30101 through 30169 of title 49, At least 47.2 but less than 48.2 .. $2,300. ‘‘(1) MANUFACTURER.—The term ‘manufac- United States Code. At least 48.2 but less than 49.2 .. $2,400. turer’ has the meaning given such term in ‘‘(f) TERMINATION.—This section shall not At least 49.2 ...... $2,500. regulations prescribed by the Administrator apply to property placed in service after De- of the Environmental Protection Agency for cember 31, 2020.’’. ‘‘(B) In the case of a non-passenger auto- purposes of the administration of title II of (b) CREDIT ALLOWED AGAINST ALTERNATIVE mobile which achieves: the Clean Air Act (42 U.S.C. 7521 et seq.). MINIMUM TAX.—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5709

(1) BUSINESS CREDIT.—Section 38(c)(4)(B) is ‘‘(D) is acquired for use by the taxpayer placed in service after December 31, 2009, in amended by redesignating clauses (i) through and not for resale, and taxable years ending after such date. (viii) as clauses (ii) through (ix), respec- ‘‘(E) has not been taken into account for SEC. 4. INCREASE IN GAS GUZZLER TAX. tively, and by inserting before clause (ii) (as purposes of determining the credit under this (a) IN GENERAL.—Subsection (a) of section so redesignated) the following new clause: section for any preceding taxable year with 4064 (relating to gas guzzler tax) is amended ‘‘(i) the credit determined under section respect to such qualifying vehicle. to read as follows: ‘‘(2) QUALIFYING VEHICLE.—The term ‘quali- 30E,’’. ‘‘(a) IMPOSITION OF TAX.— ERSONAL CREDIT fying vehicle’ means any vehicle subject to (2) P .— ‘‘(1) IN GENERAL.—There is hereby imposed transportation fuels regulations under the (A) Section 24(b)(3)(B) is amended by strik- on the sale by the manufacturer of each Clean Air Act. ing ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. automobile a tax equal to— ‘‘(3) FUEL ECONOMY.—The term ‘fuel econ- (B) Section 25(e)(1)(C)(ii) is amended by in- ‘‘(A) in the case of any automobile manu- omy’ has the meaning given such term under serting ‘‘30E,’’ after ‘‘30D,’’. factured in model year 2011, the applicable section 32901 of such title 49. (C) Section 25B(g)(2) is amended by strik- tax amount determined in accordance with ‘‘(d) SPECIAL RULES.— ing ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. the table contained in paragraph (2), and ‘‘(1) NO DOUBLE BENEFIT.— (D) Section 26(a)(1) is amended by striking ‘‘(B) in the case of any automobile manu- ‘‘ and 30D’’ and inserting ‘‘30D, and 30E’’. ‘‘(A) REDUCTION IN BASIS.—If a credit is determined under this section with respect to factured in a model year after 2011, if the (E) Section 904(i) is amended by striking fuel economy of the model type in which ‘‘and 30D’’ and inserting ‘‘30D, and 30E’’. any property by reason of expenditures described in subsection (a), the basis of such such automobile falls is less than 80 percent (c) CONFORMING AMENDMENTS.— of the industry-wide average fuel economy (1) Section 38(a) is amended by striking property shall be reduced by the amount of the credit so determined. standard for such model year for all auto- ‘‘plus’’ at the end of paragraph (34), by strik- mobiles, an amount equal to the lesser of— ing the period at the end of paragraph (35) ‘‘(B) OTHER DEDUCTIONS AND CREDITS.—The amount of any deduction or other credit al- ‘‘(i) an amount based on each mile per gal- and inserting ‘‘, plus’’, and by adding at the lon reduction below such 80 percent equal end the following new paragraph: lowable under this chapter for a qualifying tol ‘‘(36) the portion of the new qualified fuel- vehicle shall be reduced by the amount of credit allowed under subsection (a) with re- ‘‘(I) $1,000 for the first mile per gallon re- efficient motor vehicle credit to which sec- duction, or tion 30E(c)(1) applies.’’. spect to such vehicle. ‘‘(2) CREDIT MAY BE TRANSFERRED.— ‘‘(II) an aggregate amount equal to 125 per- (2) Section 1016(a) is amended by striking cent of the previous dollar amount for each ‘‘and’’ at the end of paragraph (36), by strik- ‘‘(A) IN GENERAL.—A taxpayer may, in connection with the purchase of a qualifying additional mile per gallon reduction, or ing the period at the end of paragraph (37) ‘‘(ii) $22,737. and inserting ‘‘, and’’, and by adding at the fuel savings component, transfer any credit end the following new paragraph: allowable under subsection (a) to any person For purposes of subparagraph (B), any frac- ‘‘(38) to the extent provided in section who is in the trade or business of selling tion of a mile per gallon shall be rounded to such components, but only if such person 30E(e)(1).’’. the nearest mile per gallon and any fraction clearly discloses to such taxpayer, through (3) Section 6501(m) is amended by inserting of a dollar shall be rounded to the nearest the use of a sticker attached to the quali- ‘‘30E(e)(6),’’ after ‘‘30D(e)(4),’’. dollar. fying fuel savings component, the amount of (4) The table of section for subpart C of ‘‘(2) APPLICABLE TAX AMOUNT.—For pur- any credit allowable under subsection (a) part IV of subchapter A of chapter 1 is poses of paragraph (1)(A), the applicable tax with respect to such component. amended by inserting after the item relating amount shall be determined as follows: ‘‘(B) CONSENT REQUIRED FOR REVOCATION.— to section 30D the following new item: Any transfer under subparagraph (A) may be ‘‘If the fuel economy of the The appli- ‘‘Sec. 30E. Fuel-efficient motor vehicle cred- revoked only with the consent of the Sec- it.’’. model type in which the auto- cable tax retary. mobile falls is: amount is: (d) EFFECTIVE DATE.—The amendments ‘‘(C) REGULATIONS.—The Secretary may made by this section shall apply to property prescribe such regulations as necessary to At least 24.2 ...... $0. placed in service after December 31, 2009. ensure that any credit described in subpara- At least 23.2 but less than 24.2 .. $1,000. SEC. 3. CREDIT FOR FUEL SAVINGS COMPO- graph (A) is claimed once and not retrans- At least 22.2 but less than 23.2 .. $1,250. NENTS FOR CERTAIN VEHICLES. ferred by a transferee. At least 21.2 but less than 22.2 .. $1,563. (a) IN GENERAL.—Subpart D of part IV of ‘‘(3) ELECTION NOT TO CLAIM CREDIT.—No At least 20.2 but less than 21.2 .. $1,953. subchapter A of chapter 1 (relating to busi- credit shall be allowed under subsection (a) At least 19.2 but less than 20.2 .. $2,441. ness-related credits) is amended by adding at for any component if the taxpayer elects to At least 18.2 but less than 19.2 .. $3,052. the end the following new section: not have this section apply to such compo- At least 17.2 but less than 18.2 .. $3,815. ‘‘SEC. 45R. CREDIT FOR FUEL SAVINGS COMPO- nent. At least 16.2 but less than 17.2 .. $4,768. NENTS FOR CERTAIN VEHICLES. ‘‘(e) TERMINATION.—This section shall not At least 15.2 but less than 16.2 .. $5,960. ‘‘(a) GENERAL RULE.—For purposes of sec- apply to property placed in service after De- At least 14.2 but less than 15.2 .. $7,451. tion 38, the fuel savings tax credit deter- cember 31, 2020.’’. At least 13.2 but less than 14.2 .. $9,313. mined under this section for the taxable year (b) CREDIT TO BE PART OF GENERAL BUSI- At least 12.2 but less than 13.2 .. $11,642. is an amount equal to the applicable percent- NESS CREDIT.—Subsection (b) of section 38 At least 11.2 but less than 12.2 .. $14,552. age of the amount paid or incurred for 1 or (relating to general business credit), as At least 10.2 but less than 11.2 .. $18,190. more qualifying fuel savings components amended by this Act, is amended by striking Less than 10.2 ...... $22,737.’’. placed in service on a qualifying vehicle by ‘‘plus’’ at the end of paragraph (35), by strik- the taxpayer during the taxable year. ing the period at the end of paragraph (36) (b) DEFINITION.—Section 4064(b) (relating to ‘‘(b) APPLICABLE PERCENTAGE.—For pur- and inserting ‘‘, plus’’ , and by adding at the definitions) is amended by adding at the end poses of subsection (a), the applicable per- end the following new paragraph: the following new paragraph: centage is equal to the sum of— ‘‘(37) the fuel savings tax credit determined ‘‘(8) AVERAGE FUEL ECONOMY STANDARD.— ‘‘(1) 5 percent, plus under section 45R(a).’’. The term ‘average fuel economy standard’ ‘‘(2) 5 percentage points (not to exceed 45 (c) CONFORMING AMENDMENTS.— has the meaning given such term under sec- percentage points), for each percent in ex- (1) The table of sections for subpart D of tion 32901 of title 49, United States Code.’’. cess of 2 percent by which the fuel economy part IV of subchapter A of chapter 1 is (c) EFFECTIVE DATE.—The amendments achieved by the qualifying vehicle with 1 or amended by inserting after the item relating made by this section shall apply to sales more qualifying fuel savings components ex- to section 45Q the following new item: after December 31, 2009. ceeds such qualifying vehicle without such ‘‘Sec. 45R. Credit for fuel savings compo- component or components. nents for certain vehicles and SEC. 5. INCREASE IN MANUFACTURER CAFE PEN- ALTIES. ‘‘(c) DEFINITIONS.—For purposes of this sec- engines.’’. tion— (2) Section 1016(a), as amended by this Act, (a) IN GENERAL.—Section 32912 of title 49, ‘‘(1) QUALIFYING FUEL SAVINGS COMPO- is amended by striking ‘‘and’’ at the end of United States Code, is amended— NENT.—The term ‘qualifying fuel savings paragraph (37), by striking the period at the (1) by striking ‘‘$5’’ in subsection (b) and component’ means any device or system of end of paragraph (38) and inserting ‘‘, and’’, inserting ‘‘$50’’, and devices that— and by adding at the end the following: (2) by striking ‘‘$10’’ in subsection (c)(1)(B) ‘‘(A) is installed on a qualifying vehicle, ‘‘(39) in the case of a component with re- and inserting ‘‘$100’’. ‘‘(B) is designed to increase the fuel econ- spect to which a credit was allowed under (b) EFFECTIVE DATE.—The amendments omy of such vehicle by at least 2 percent, the section 45R, to the extent provided in section made by this section shall apply to model amount of such increase to be verified by the 45R(d)(1)(A).’’. years beginning after the date of the enact- Administrator of the Environmental Protec- (3) Section 6501(m), as amended by this ment of this Act. tion Agency under the SmartWay Transport Act, is amended by inserting ‘‘45R(d)(3)’’ SEC. 6. DEPLOYMENT OF LOW-GREENHOUSE GAS Partnership, after ‘‘45H(g)’’. AND FUEL-SAVING TECHNOLOGIES. ‘‘(C) the original use of which commences (d) EFFECTIVE DATE.—The amendments Section 756 of the Energy Policy Act of with the taxpayer, made by this section shall apply to property 2005 (42 U.S.C. 16104) is amended—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5710 CONGRESSIONAL RECORD — SENATE May 20, 2009

(1) by striking the section heading and all saving technologies that provide superior en- ‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS that follows through the end of subsection vironmental performance for each mode of PERFORMANCE DATABASES.—The Secretary of (b) and inserting the following: passenger transportation and goods move- Commerce, in consultation with the Admin- ‘‘SEC. 756. DEPLOYMENT OF LOW-GREENHOUSE ment; and istrator, shall— GAS AND FUEL-SAVING TECH- ‘‘(C)(i) publish a list of low-greenhouse gas ‘‘(1)(A) define and collect data on the phys- NOLOGIES. and fuel-saving technologies; ical and operational characteristics of the ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) identify the greenhouse gas and fuel truck fleet of the United States, with special ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- efficiency performance of each technology; emphasis on data relating to fuel efficiency trator’ means the Administrator of the Envi- and and greenhouse gas performance to provide ronmental Protection Agency. ‘‘(iii) identify those technologies that meet data for the performance index published ‘‘(2) ADVANCED TRUCK STOP ELECTRIFICATION the SmartWay performance thresholds devel- under subsection (b)(5)(B)(ii); and SYSTEM.—The term ‘advanced truck stop oped under subparagraph (B). ‘‘(B) publish the data described in subpara- electrification system’ means a stationary ‘‘(3) PROMOTION AND DEPLOYMENT OF TECH- graph (A) through the Vehicle Inventory and system that delivers heat, air conditioning, NOLOGIES.—The Administrator shall— Use Survey as soon as practicable after the electricity, or communications, and is capa- ‘‘(A) implement partnership and recogni- date of enactment of the OILSAVE Act, and ble of providing verifiable and auditable evi- tion programs to promote best practices and at least every 5 years thereafter, as part of dence of use of those services, to a heavy- the economic census required under title 13, duty vehicle and any occupants of the heavy- drive demand for fuel-efficient, low-greenhouse gas transportation performance; United States Code; and duty vehicle with, or for delivery, of those ‘‘(2) define, collect, and publish data for services. ‘‘(B) promote the availability of and encourage the adoption of technologies that other modes of goods transport (including ‘‘(3) AUXILIARY POWER UNIT.—The term rail and marine), as necessary. ‘auxiliary power unit’ means an integrated meet the SmartWay performance thresholds ‘‘(e) REPORT.—Not later than 18 months system that— developed under paragraph (2)(B); after the date on which funds are initially ‘‘(A) provides heat, air conditioning, en- ‘‘(C) publicize the availability of financial awarded under this section and on a biennial gine warming, or electricity to components incentives (such as Federal tax incentives, basis thereafter, the Administrator shall on a heavy-duty vehicle; and grants, and low-cost loans) for the deploy- submit to Congress a report containing a de- ‘‘(B) is certified by the Administrator ment of low-greenhouse gas and fuel-saving under part 89 of title 40, Code of Federal Reg- technologies; and scription of— ulations (or any successor regulation), as ‘‘(D) deploy low-greenhouse gas and fuel- ‘‘(1) actions taken to implement the low- meeting applicable emission standards. saving technologies through grant and loan greenhouse gas and fuel-saving technology deployment program established under sub- ‘‘(4) HEAVY-DUTY VEHICLE.—The term programs. ‘heavy-duty vehicle’ means a vehicle that ‘‘(4) STAKEHOLDER CONSULTATION.— section (b), including— has a gross vehicle weight rating greater ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(A) the measurement protocols; than 8,500 pounds. solicit the comments of interested parties ‘‘(B) the SmartWay performance thresh- ‘‘(5) IDLE REDUCTION TECHNOLOGY.—The prior to establishing a new or revising an ex- olds; and term ‘idle reduction technology’ means an isting SmartWay technology category, meas- ‘‘(C) a list of low-greenhouse gas and fuel- advanced truck stop electrification system, urement protocol, or performance threshold. saving technologies; and auxiliary power unit, or other technology ‘‘(B) NOTICE.—On adoption of a new or re- ‘‘(2) estimated greenhouse gas emissions that— vised technology category, measurement and fuel savings from the program.’’. ‘‘(A) is used to reduce idling; and protocol, or performance threshold, the Ad- S. 1094 ‘‘(B) allows for the main drive engine or ministrator shall publish a notice and expla- Be it enacted by the Senate and House of Rep- auxiliary refrigeration engine to be shut nation of any changes and, if appropriate, re- resentatives of the United States of America in down. sponses to comments submitted by inter- Congress assembled, ‘‘(6) LONG-DURATION IDLING.— ested parties. SECTION 1. SHORT TITLE. ‘‘(A) IN GENERAL.—The term ‘long-duration ‘‘(5) FREIGHT PARTNERSHIP.— idling’ means the operation of a main drive ‘‘(A) IN GENERAL.—The Administrator shall This Act may be cited as the ‘‘Renewable engine or auxiliary refrigeration engine, for implement, through the SmartWay Trans- Energy Alternative Production Act’’ or the a period greater than 15 consecutive min- port Partnership, a program with shippers ‘‘REAP Act’’. utes, at a time at which the main drive en- and carriers of goods to promote fuel-effi- SEC. 2. CREDIT FOR PRODUCTION OF RENEW- gine is not engaged in gear. cient, low-greenhouse gas transportation. ABLE ENERGY. ‘‘(B) EXCLUSIONS.—The term ‘long-duration ‘‘(B) ADMINISTRATION.—The Administrator (a) IN GENERAL.—Section 45 of the Internal idling’ does not include the operation of a shall— Revenue Code of 1986 is amended by adding main drive engine or auxiliary refrigeration ‘‘(i) verify the greenhouse gas performance at the end the following new subsection: engine during a routine stoppage associated and fuel efficiency of participating freight ‘‘(f) CREDIT ALLOWED FOR PRODUCTION OF with traffic movement or congestion. carriers, including carriers involved in rail, NON-ELECTRIC ENERGY.— ‘‘(7) LOW-GREENHOUSE GAS AND FUEL-SAVING trucking, marine, and other goods movement ‘‘(1) IN GENERAL.—The credit allowed under TECHNOLOGY.—The term ‘low-greenhouse gas operations; subsection (a) shall be increased by an and fuel-saving technology’ means any de- ‘‘(ii) publish a comprehensive greenhouse amount equal to the product of— vice, system of devices, strategies, or equip- gas and fuel efficiency performance index of ‘‘(A) the dollar amount determined under ment that— freight modes (including rail, trucking, ma- paragraph (2), and ‘‘(A) reduces greenhouse gas emissions; or rine, and other modes of transporting goods) ‘‘(B) each million British thermal units ‘‘(B) improves fuel efficiency. and individual freight companies so that (mmBtu) of qualified fuel which is— ‘‘(b) LOW-GREENHOUSE GAS AND FUEL-SAV- shippers can choose to deliver the goods of ‘‘(i) produced by the taxpayer— ING TECHNOLOGY DEPLOYMENT PROGRAM.— the shippers most efficiently with minimum ‘‘(I) from qualified energy resources, and ‘‘(1) ESTABLISHMENT.— greenhouse gas emissions; ‘‘(II) at any facility during the 10-year pe- ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(iii) develop tools for— riod beginning on the date such facility was after the date of enactment of the OILSAVE ‘‘(I) freight carriers to calculate and im- placed in service, Act, the Administrator, in consultation with prove the fuel efficiency and greenhouse gas ‘‘(ii) not used for the production of elec- the Secretary of Energy, shall implement, performance of the carriers; and tricity, and through the SmartWay Transport Partner- ‘‘(II) shippers— ‘‘(iii) sold by the taxpayer to an unrelated ship of the Environmental Protection Agen- ‘‘(aa) to calculate the fuel and greenhouse person during the taxable year. cy, a program to support deployment of low- gas impacts of moving the products of the ‘‘(2) DOLLAR AMOUNT.—The dollar amount greenhouse gas and fuel-saving technologies. shippers; and determined under this paragraph shall be the ‘‘(B) PRIORITY.—The Administrator shall ‘‘(bb) to evaluate the relative impacts from amount determined by the Secretary to be give priority to the deployment of low-green- transporting the goods of the shippers by dif- the equivalent, expressed in British thermal house gas and fuel-saving technologies that ferent modes and carriers; and units, of the credit allowed under subsection meet SmartWay performance thresholds de- ‘‘(iv) recognize participating shipper and (a) for 1 kilowatt hour of electricity. veloped under paragraph (2)(B). carrier companies that demonstrate ad- ‘‘(3) REDUCTION FOR GRANTS, TAX EXEMPT ‘‘(2) TECHNOLOGY DESIGNATION AND DEPLOY- vanced practices and achieve superior levels BONDS, SUBSIDIZED ENERGY FINANCING, AND MENT.—The Administrator shall— of fuel efficiency and greenhouse gas per- OTHER CREDITS.—Rules similar to the rules of ‘‘(A) develop measurement protocols to formance. subsection (b)(3) shall apply for purposes of evaluate the fuel consumption and green- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— paragraph (1). house gas performance of transportation There is authorized to be appropriated to the ‘‘(4) DEFINITIONS AND SPECIAL RULES.—For technologies, including technologies for pas- Administrator to carry out this subsection purposes of this subsection— senger transport and goods movement; $19,500,000 for each of fiscal years 2010 ‘‘(A) QUALIFIED FUEL.—The term ‘qualified ‘‘(B) develop SmartWay performance through 2020.’’; and fuel’ means an energy product which is pro- thresholds that can be used to certify, verify, (2) by striking subsection (d) and inserting duced, extracted, converted, or synthesized or designate low-greenhouse gas and fuel- the following: from a qualified energy resource through a

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5711

controlled process, including pyrolysis, elec- (c) EFFECTIVE DATE.—The amendments ‘‘Calendar year: Applicable trolysis, and anaerobic digestion, which re- made by this section shall apply to periods percentage less sults in a product consisting of methane, after the date of the enactment of this Act, than baseline synthesis gas, hydrogen, steam, manufac- under rules similar to the rules of section lifecycle tured cellulosic fuels, or any other form of 48(m) of the Internal Revenue Code of 1986 greenhouse gas energy provided under regulations by the (as in effect on the day before the date of the emissions: Secretary and which is used solely as a enactment of the Revenue Reconciliation 2015 ...... 20.0 source of energy. Act of 1990). 2016 ...... 21.5 ‘‘(B) ALLOCATION OF CREDIT TO PATRONS OF 2017 ...... 23.0 SEC. 4. RENEWABLE NON-ELECTRIC ENERGY 2018 ...... 24.5 AGRICULTURAL COOPERATIVES.—Rules similar PRODUCTION FACILITIES ELIGIBLE 2019 ...... 26.0 to the rules of subsection (e)(11) shall apply FOR NEW CLEAN RENEWABLE EN- 2020 ...... 27.5 for purposes of paragraph (1).’’. ERGY BONDS. 2021 ...... 29.0 (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Paragraph (1) of section 2022 ...... 30.5 (1) The heading for section 45 of the Inter- 54C(d) of the Internal Revenue Code of 1986 is 2023 ...... 32.0 nal Revenue Code of 1986 is amended by amended to read as follows: 2024 ...... 33.5 striking ‘‘ELECTRICITY’’ and inserting ‘‘EN- ‘‘(1) QUALIFIED RENEWABLE ENERGY FACIL- 2025 ...... 35.0 ERGY’’. ITY.—The term ‘qualified renewable energy 2026 ...... 36.5 2027 ...... 38.0 (2) The table of sections for subpart D of facility’ means a facility which is— 2028 ...... 39.5 part IV of subchapter A of chapter 1 of such ‘‘(A)(i) a qualified facility (as determined Code is amended by striking ‘‘Electricity’’ in 2029 ...... 41.0 under section 45(d) without regard to para- 2030 ...... 42.5 the item relating to section 45 and inserting graphs (8) and (10) thereof and to any placed 2031 and thereafter ...... Percentage ‘‘Energy’’. in service date), or determined under (c) EFFECTIVE DATE.—The amendments ‘‘(ii) a facility which produces qualified paragraph (2)(B)(ii). made by this section shall apply to taxable fuel (as defined in section 45(f)(4)(A)) which ‘‘(D) RENEWABLE BIOMASS.—The term ‘re- years beginning after the date of the enact- is derived from qualified energy resources ment of this Act. newable biomass’ means each of the fol- (within the meaning of section 45(f)(4)(B)) lowing: SEC. 3. ENERGY CREDIT FOR ONSITE RENEW- and not used for the production of elec- ABLE NON-ELECTRIC ENERGY PRO- ‘‘(i) Planted crops and crop residue har- DUCTION FACILITIES. tricity, and vested from agricultural land cleared or cul- (a) CREDIT ALLOWED.—Clause (i) of section ‘‘(B) owned by a public power provider, a tivated at any time prior to December 19, 48(a)(2)(A) of the Internal Revenue Code of governmental body, or a cooperative electric 2007, that is either actively managed or fal- 1986 is amended— company.’’. low, and nonforested. (1) by striking ‘‘and’’ at the end of sub- (b) EFFECTIVE DATE.—The amendment ‘‘(ii) Planted trees, bioenergy crops, and clause (III), and made by this section shall apply to obliga- tree residue from actively managed tree (2) by adding at the end the following new tions issued after the date of the enactment plantations on non-Federal land cleared at subclause: of this Act. any time prior to December 19, 2007, includ- ‘‘(V) qualified onsite renewable non-elec- S. 1095 ing land belonging to an Indian tribe or an tric energy production property,’’. Indian individual, that is held in trust by the (b) QUALIFIED ONSITE RENEWABLE NON- Be it enacted by the Senate and House of Rep- United States or subject to a restriction ELECTRIC ENERGY PRODUCTION PROPERTY.— resentatives of the United States of America in against alienation imposed by the United Subsection (c) of section 48 of the Internal Congress assembled, States. Revenue Code of 1986 is amended by adding SECTION 1. SHORT TITLE. ‘‘(iii) Slash, brush, and those trees that are at the end the following new paragraph: This Act may be cited as the ‘‘America’s byproducts of ecological restoration, disease ‘‘(5) QUALIFIED ONSITE RENEWABLE NON- Low-Carbon Fuel Standard Act of 2009’’. or insect infestation control, or hazardous ELECTRIC ENERGY PRODUCTION PROPERTY.— fuels reduction treatments and do not exceed SEC. 2. LOW-CARBON FUEL PROGRAM. ‘‘(A) IN GENERAL.—The term ‘qualified on- the minimum size standards for sawtimber, site renewable non-electric energy produc- (a) IN GENERAL.—Section 211 of the Clean harvested— tion property’ means property which pro- Air Act (42 U.S.C. 7545) is amended by strik- ‘‘(I) in ecologically sustainable quantities, duces qualified fuel— ing subsection (o) and inserting the fol- as determined by the appropriate Federal ‘‘(i) from qualified energy resources, lowing: land manager; and ‘‘(ii) not used for the production of elec- ‘‘(o) LOW-CARBON FUEL PROGRAM.— ‘‘(II) from National Forest System land or tricity, and ‘‘(1) DEFINITIONS.—In this subsection: public land (as defined in section 103 of the ‘‘(iii) used primarily on the same site ‘‘(A) BASELINE LIFECYCLE GREENHOUSE GAS Federal Land Policy and Management Act of where the production is located to replace an EMISSIONS.—The term ‘baseline lifecycle 1976 (43 U.S.C. 1702)), other than— equivalent amount of non-renewable fuel (de- greenhouse gas emissions’ means the average ‘‘(aa) components of the National Wilder- termined based on the number of British lifecycle greenhouse gas emissions, as deter- ness Preservation System; thermal units of non-renewable fuel con- mined by the Administrator, after notice and ‘‘(bb) wilderness study areas; sumed by the taxpayer in the prior taxable opportunity for comment, for transportation ‘‘(cc) inventoried roadless areas; year) or to provide energy primarily on such fuel sold or distributed as transportation ‘‘(dd) old growth or late successional forest site for a use that did not exist prior to the fuel in 2005. stands unless biomass from the stand is har- later of the date of the enactment of this ‘‘(B) LIFECYCLE GREENHOUSE GAS EMIS- vested as a byproduct of an ecological res- paragraph or the date such property was SIONS.—The term ‘lifecycle greenhouse gas toration treatment that fully maintains, or placed in service. emissions’ means the aggregate quantity of contributes toward the restoration of, the ‘‘(B) DEFINITIONS.—For purposes of this greenhouse gas emissions (including direct structure and composition of an old growth paragraph— emissions and significant indirect emissions forest stand taking into account the con- ‘‘(i) QUALIFIED FUEL.—The term ‘qualified such as significant emissions from land use tribution of the stand to landscape fire adap- fuel’ means an energy product which is pro- changes), as determined by the Adminis- tation and watershed health, and retaining duced, extracted, converted, or synthesized trator, related to the full fuel lifecycle, in- large trees contributing to old-growth struc- from a qualified energy resource through a cluding all stages of fuel and feedstock pro- ture; controlled process, including pyrolysis, elec- duction and distribution, from feedstock ‘‘(ee) components of the National Land- trolysis, and anaerobic digestion, which re- generation or extraction through the dis- scape Conservation System; and sults in a product consisting of methane, tribution and delivery and use of the finished ‘‘(ff) National Monuments. synthesis gas, hydrogen, steam, manufac- fuel to the ultimate consumer, where the ‘‘(iv) Animal waste material and animal tured cellulosic fuels, or any other form of mass values for all greenhouse gases are ad- byproducts. energy provided under regulations by the justed to account for their relative global ‘‘(v) Slash and pre-commercial thinnings Secretary and which is used solely as a warming potential. that are from non-Federal forestland, includ- source of energy. ‘‘(C) LOW-CARBON FUEL.—The term ‘lowing forestland belonging to an Indian tribe or ‘‘(ii) QUALIFIED ENERGY RESOURCES.—The carbon fuel’ means transportation fuel (in- an Indian individual, that are held in trust term ‘qualified energy resources’ has the cluding renewable fuel, electricity, hydro- by the United States or subject to a restric- meaning given such term by paragraph (1) of gen, and other forms of energy) that has tion against alienation imposed by the section 45(c). lifecycle greenhouse gas emissions, as deter- United States, but not forests or forestland ‘‘(iii) TERMINATION.—The term ‘qualified mined by the Administrator, after notice and that are ecological communities with a glob- onsite renewable non-electric energy produc- opportunity for comment, that on annual av- al or State ranking of critically imperiled, tion property’ shall not include any property erage basis are equal to at least the fol- imperiled, or rare pursuant to a State Nat- for any period after the date which is 10 lowing percentage less than baseline ural Heritage Program, old growth forest, or years after the date of the enactment of the lifecycle greenhouse gas emissions deter- late successional forest. Renewable Energy Alternative Production mined in accordance with the following ‘‘(vi) Biomass from land in any ownership Act.’’. table: obtained from the immediate vicinity of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5712 CONGRESSIONAL RECORD — SENATE May 20, 2009 buildings and other areas regularly occupied ‘‘(aa) the impact of the production and use gas emissions from low-carbon fuel may not by people, or of public infrastructure, at risk of low-carbon fuel on the environment, in- be reduced more than 10 percentage points from wildfire. cluding on air quality, climate change, con- below the percentage otherwise required ‘‘(vii) Algae. version of wetland, ecosystems, wildlife under this subsection. ‘‘(viii) Municipal solid waste, including habitat, water quality, and water supply; ‘‘(C) ADJUSTED REDUCTION LEVELS.— separated yard waste or food waste, includ- ‘‘(bb) the impact of low-carbon fuel on the ‘‘(i) IN GENERAL.—An adjustment in the ing recycled cooking and trap grease. energy security of the United States; percentage reduction in greenhouse gas lev- ‘‘(E) RENEWABLE FUEL.—The term ‘renew- ‘‘(cc) the expected annual rate of future els shall be the minimum practicable adjust- able fuel’ means fuel that is— commercial production of low-carbon fuel; ment for low-carbon fuel. ‘‘(i) produced from renewable biomass; and ‘‘(dd) the impact of low-carbon fuel on the ‘‘(ii) MAXIMUM ACHIEVABLE LEVEL.—The ad- ‘‘(ii) used to replace or reduce the quantity infrastructure of the United States, includ- justed greenhouse gas reduction shall be es- of fossil fuel present in a transportation fuel. ing deliverability of materials, goods, and tablished at the maximum achievable level, products other than low-carbon fuel, and the ‘‘(F) TRANSPORTATION FUEL.—The term taking cost in consideration, allowing for sufficiency of infrastructure to deliver and ‘transportation fuel’ means fuel for use in the use of a variety of feedstocks, tech- use low-carbon fuel; motor vehicles, motor vehicle engines, or nologies, and processes. nonroad vehicles (except for ocean-going ves- ‘‘(ee) the impact of the use of low-carbon ‘‘(D) SUBSEQUENT ADJUSTMENTS.— sels). fuel on the cost to consumers of transportation fuel and on the cost to transport ‘‘(i) IN GENERAL.—After the Administrator ‘‘(2) PROGRAM.— has promulgated a final rule under para- ‘‘(A) REGULATIONS.— goods; and ‘‘(ff) the impact of the use of low-carbon graph (2)(A)(i) with respect to the method of ‘‘(i) IN GENERAL.—Not later than January determining lifecycle greenhouse gas emis- 31, 2015, the Administrator shall promulgate fuel on other factors, including job creation, sions, the Administrator may not adjust the regulations to ensure that the applicable the price and supply of agricultural commod- percent greenhouse gas reduction levels un- percentage determined under subparagraph ities, rural economic development, and food less the Administrator determines that there (B) of the transportation fuel sold or intro- prices. has been a significant change in the analyt- duced into commerce in the United States, ‘‘(II) DEADLINE.—The Administrator shall ical basis used for determining the lifecycle on an annual average basis, is low-carbon promulgate rules establishing the applicable greenhouse gas emissions. fuel. volumes under this clause not later than 14 ‘‘(ii) CRITERIA AND STANDARDS.—If the Ad- ‘‘(ii) PROVISIONS OF REGULATIONS.—Regard- months before the first year for which the ministrator makes the determination that less of the date of promulgation, the regula- applicable percentage will apply. an adjustment is required, the Administrator tions promulgated under clause (i)— ‘‘(3) APPLICABLE PERCENTAGES.— may adjust the percent reduction levels ‘‘(I) shall contain compliance provisions ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF applicable to producers, refiners, blenders, GASOLINE SALES.—Not later than October 31 through rulemaking using the criteria and distributors, and importers, as appropriate, of each of calendar years 2005 through 2021, standards established under this paragraph. to ensure that the requirements of this para- the Administrator of the Energy Information ‘‘(iii) 5-YEAR REVIEW.—If the Administrator graph are met; but Administration shall provide to the Adminis- makes any adjustment under this paragraph, trator of the Environmental Protection ‘‘(II) shall not— not later than 5 years thereafter, the Admin- Agency an estimate, with respect to the fol- ‘‘(aa) restrict geographic areas in which istrator shall review and revise (based on the lowing calendar year, of the volumes of low-carbon fuel may be used; or same criteria and standards as required for transportation fuel and low-carbon fuel pro- ‘‘(bb) impose any per-gallon obligation for the initial adjustment) the level as adjusted jected to be sold or introduced into com- the use of low-carbon fuel. by the regulations. merce in the United States. ‘‘(B) APPLICABLE VOLUMES.— ‘‘(5) CREDIT PROGRAM.— ‘‘(B) DETERMINATION OF APPLICABLE PER- ‘‘(i) CALENDAR YEARS 2015 THROUGH 2030.— ‘‘(A) IN GENERAL.—The regulations promul- CENTAGES.— For the purpose of subparagraph (A), the ap- gated under paragraph (2)(A) shall provide ‘‘(i) IN GENERAL.—Not later than November plicable percentage of the transportation for the generation of an appropriate quantity 30 of each of calendar years 2015 through 2029, of credits by any person that refines, blends, fuel sold or introduced into commerce in the based on the estimate provided under sub- United States, on an annual average basis, imports, or distributes transportation fuel paragraph (A), the Administrator of the En- that contains a quantity of low-carbon fuel that is low-carbon fuel for each of calendar vironmental Protection Agency shall deter- years 2015 through 2030 shall be determined that is greater than the quantity required mine and publish in the Federal Register, under paragraph (2). by the Administrator, in consultation with with respect to the following calendar year, the Secretary of Energy, in accordance with ‘‘(B) USE OF CREDITS.—A person that gen- the low-carbon fuel obligation that ensures erates credits under subparagraph (A) may the following table: that the requirements of paragraph (2) are use the credits, or transfer all or a portion of ‘‘Calendar year: Applicable met. the credits to another person, for the pur- percentage of ‘‘(ii) REQUIRED ELEMENTS.—The low-carbon pose of complying with paragraph (2). transportation fuel fuel obligation determined for a calendar ‘‘(C) DURATION OF CREDITS.—A credit gen- sold that is low- year under clause (i) shall— erated under this paragraph shall be valid to carbon fuel: ‘‘(I) be applicable to refineries, blenders, 2015 ...... 10.0 and importers, as appropriate; demonstrate compliance for the 12 month-pe- 2016 ...... 11.5 ‘‘(II) be expressed in terms of a volume per- riod beginning on the date of generation. 2017 ...... 13.0 centage of transportation fuel sold or intro- ‘‘(D) INABILITY TO GENERATE OR PURCHASE 2018 ...... 14.5 duced into commerce in the United States; SUFFICIENT CREDITS.—The regulations pro- 2019 ...... 16.0 and mulgated under paragraph (2)(A) shall in- 2020 ...... 17.5 ‘‘(III) subject to subparagraph (C), consist clude provisions allowing any person that is 2021 ...... 19.0 of a single applicable percentage that applies unable to generate or purchase sufficient 2022 ...... 20.5 to all categories of persons specified in sub- credits to meet the requirements of para- 2023 ...... 22.0 clause (I). graph (2) to carry forward a low-carbon fuel 2024 ...... 23.5 ‘‘(C) ADJUSTMENTS.—In determining the deficit on condition that the person, in the 2025 ...... 25.0 applicable percentage for a calendar year, calendar year following the year in which 2026 ...... 26.5 the Administrator shall make adjustments the low-carbon fuel deficit is created— 2027 ...... 28.0 to prevent the imposition of redundant obli- ‘‘(i) achieves compliance with the low-car- 2028 ...... 29.5 gations on any person specified in subpara- bon fuel requirement under paragraph (2); 2029 ...... 31.0 graph (B)(ii)(I). and 2030 ...... 32.5. ‘‘(4) MODIFICATION OF GREENHOUSE GAS RE- ‘‘(ii) generates or purchases additional low- ‘‘(ii) SUBSEQUENT CALENDAR YEARS.— DUCTION PERCENTAGES.— carbon fuel credits to offset the low-carbon ‘‘(I) IN GENERAL.—For the purposes of sub- ‘‘(A) IN GENERAL.—In the regulations pro- fuel deficit of the previous year. paragraph (A), the applicable percentage of mulgated under paragraph (2)(A)(i), the Ad- ‘‘(E) CREDITS FOR ADDITIONAL LOW-CARBON the transportation fuel sold or introduced ministrator may adjust the required percent- FUEL.—The Administrator may promulgate into commerce in the United States (except age reductions in lifecycle greenhouse gas regulations providing— in noncontiguous States or territories), on emissions for low-carbon fuel to a lower per- ‘‘(i) for the generation of an appropriate an annual average basis, that is low-carbon centage if the Administrator determines quantity of credits by any person that re- fuel for calendar year 2031 and each subse- that generally the reduction is not commer- fines, blends, imports, or distributes addi- quent calendar year shall be determined by cially feasible for low-carbon fuel made tional low-carbon fuel specified by the Ad- the Administrator, in consultation with the using a variety of feedstocks, technologies, ministrator; and Secretary of Energy, based on a review of the and processes to meet the applicable reduc- ‘‘(ii) for the use of the credits by the gener- implementation of the program during cal- tion. ator, or the transfer of all or a portion of the endar years specified in the tables estab- ‘‘(B) AMOUNT OF ADJUSTMENT.—In promul- credits to another person, for the purpose of lished under this subsection, and an analysis gating regulations under this paragraph, the complying with paragraph (2). of— specified percent reduction in greenhouse ‘‘(6) WAIVERS.—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5713

‘‘(A) IN GENERAL.—The Administrator, in ‘‘(C) the impacts of the requirements of SECTION 1. ENERGYGRANT COMPETITIVE EDU- consultation with the Secretary of Agri- this subsection on each individual and entity CATION PROGRAM. culture and the Secretary of Energy, may described in paragraph (2). (a) DEFINITIONS.—In this section: waive the requirements of this subsection in ‘‘(9) EFFECT ON OTHER PROVISIONS.— (1) INSTITUTION OF HIGHER EDUCATION.—The whole or in part on petition by 1 or more ‘‘(A) IN GENERAL.—Subject to subparagraph term ‘‘institution of higher education’’ has States, by any person subject to the require- (B), nothing in this subsection, or regula- the meaning given the term in section 101(a) ments of this subsection, or by the Adminis- tions promulgated under this subsection, af- of the Higher Education Act of 1965 (20 U.S.C. trator on the Administrator’s own motion, fects the regulatory status of carbon dioxide 1001(a)). by reducing the national percentage of low- or any other greenhouse gas, or expands or (2) SECRETARY.—The term ‘‘Secretary’’ carbon fuel required under paragraph (2)— limits regulatory authority regarding carbon means the Secretary of Energy, acting ‘‘(i) based on a determination by the Ad- dioxide or any other greenhouse gas, for pur- through the Director appointed under sub- ministrator, after public notice and oppor- poses of other provisions (including section section (c). tunity for comment, that implementation of 165) of this Act. (3) STATE.—The term ‘‘State’’ means— the requirement would severely harm the ‘‘(B) ADMINISTRATION.—Subparagraph (A) (A) a State; economy or environment of a State, a re- shall not affect implementation and enforce- (B) the District of Columbia; gion, or the United States; or ment of this subsection.’’. (C) the Commonwealth of Puerto Rico; and ‘‘(ii) based on a determination by the Ad- (b) EFFECTIVE DATE.—The amendment (D) any other territory or possession of the ministrator, after public notice and oppor- made by subsection (a) takes effect on Janu- United States. tunity for comment, that there is an inad- ary 1, 2015. (b) ESTABLISHMENT.—The Secretary shall equate domestic supply of low-carbon fuel. establish and carry out a program to awards SEC. 3. TRANSITION PROVISIONS. ‘‘(B) PETITIONS FOR WAIVERS.—The Admin- grants, on a competitive basis, to each con- istrator, in consultation with the Secretary (a) DEFINITIONS.—Section 211(o)(1) of the sortium of institutions of higher education of Agriculture and the Secretary of Energy, Clean Air Act (42 U.S.C. 7545(o)(1)) is amend- operating in each of the regions established shall approve or disapprove a petition for a ed— under subsection (d) to conduct research, ex- waiver of the requirements of paragraph (2) (1) by striking subparagraph (A) and in- tension, and education programs relating to not later than 90 days after the date on serting the following: the energy needs of the regions. which the petition is received by the Admin- ‘‘(A) ADDITIONAL RENEWABLE FUEL.— (c) DIRECTOR.—The Secretary shall appoint istrator. ‘‘(i) IN GENERAL.—The term ‘additional re- a Director to carry out the program estab- ‘‘(C) TERMINATION OF WAIVERS.—A waiver newable fuel’ means fuel that— lished under this section. granted under subparagraph (A) shall termi- ‘‘(I) is— (d) GRANTS.— nate after 1 year, but may be renewed by the ‘‘(aa) produced from renewable biomass; or (1) IN GENERAL.—The Secretary shall use Administrator after consultation with the ‘‘(bb) low-carbon fuel; amounts made available under this section Secretary of Agriculture and the Secretary ‘‘(II) is used to replace or reduce the quan- to award grants, on a competitive basis, to of Energy and after public notice and oppor- tity of fossil fuel present in— each consortium of institutions of higher tunity for comment. ‘‘(aa) transportation fuel; education located in each of at least 6 re- ‘‘(D) MODIFICATION OF APPLICABLE PERCENT- ‘‘(bb) home heating oil; or gions established by the Secretary that, col- AGES.— ‘‘(cc) aviation jet fuel; and lectively, cover all States. ‘‘(i) IN GENERAL.—In the case of any table ‘‘(III) has lifecycle greenhouse gas emis- (2) MANNER OF DISTRIBUTION.— established under this subsection, if the Ad- sions, as determined by the Administrator, (A) IN GENERAL.—Except as provided in ministrator waives at least 20 percent of the after notice and opportunity for comment, subparagraph (B), in making grants for a fis- applicable percentage requirement specified that are at least 20 percent less than baseline cal year under this section, the Secretary in the table for 2 consecutive years, or at lifecycle greenhouse gas emissions.’’; shall award grants to each consortium of in- least 50 percent of the percentage require- (2) by redesignating subparagraphs (I) stitutions of higher education in equal ment for a single year, the Administrator through (L) as subparagraphs (J) through amounts for each region of not less than shall promulgate regulations (not later than (M), respectively; and $50,000,000 for each region. 1 year after issuing the waiver) that modify (3) by inserting after subparagraph (H) the (B) TERRITORIES AND POSSESSIONS.—The the applicable volumes specified in the table following: Secretary may adjust the amount of grants concerned for all years following the final ‘‘(I) LOW-CARBON FUEL.—The term ‘low-car- awarded to a consortium of institutions of year to which the waiver applies, except that bon fuel’ means renewable fuel that has higher education in a region under this sec- no such modification in applicable percent- lifecycle greenhouse gas emissions, as deter- tion if the region contains territories or pos- ages shall be made for any year before cal- mined by the Administrator, after notice and sessions of the United States. endar year 2016. opportunity for comment, that are at least (3) PLANS.—As a condition of an initial ‘‘(ii) ADMINISTRATION.—In promulgating 20 percent less than baseline lifecycle green- grant under this section, a consortium of in- the regulations, the Administrator shall house gas emissions.’’. stitutions of higher education in a region comply with the processes, criteria, and (b) CREDITS FOR ADDITIONAL RENEWABLE shall submit to the Secretary for approval a standards established under paragraph FUEL.—Section 211(o)(5) of the Clean Air Act plan that— (2)(B)(ii). (42 U.S.C. 7545(o)(5)) is amended by striking (A) addresses the energy needs for the re- ‘‘(7) LOW-CARBON MARKET CONCENTRATION subparagraph (A) and inserting the fol- gion; and ANALYSIS.— lowing: (B) describes the manner in which the pro- ‘‘(A) ANALYSIS.— ‘‘(A) CREDITS FOR ADDITIONAL RENEWABLE posed activities of the consortium will ad- ‘‘(i) IN GENERAL.—Not later than January 1, FUEL.— dress those needs. 2015, and annually thereafter, the Federal ‘‘(i) IN GENERAL.—Not later than 180 days (4) FAILURE TO COMPLY WITH REQUIRE- Trade Commission shall perform a market after the date of enactment of the America’s MENTS.—If the Secretary finds on the basis of concentration analysis of the low-carbon fuel Low-Carbon Fuel Standard Act of 2009, the a review of the annual report required under production, import, and distribution indus- Administrator shall issue regulations pro- subsection (g) or on the basis of an audit of tries using the Herfindahl-Hirschman Index viding— a consortium of institutions of higher edu- to determine whether there is sufficient ‘‘(I) for the generation of an appropriate cation conducted by the Secretary that the competition among industry participants to quantity of credits by any person that pro- consortium has not complied with the re- avoid price-setting and other anticompeti- duces, refines, blends, or imports additional quirements of this section, the consortium tive behavior. renewable fuels or low-carbon fuels specified shall be ineligible to receive further grants ‘‘(ii) SCORING.—For the purpose of scoring by the Administrator; and under this section for such period of time as under clause (i) using the Herfindahl- ‘‘(II) for the use of the credits by the gener- may be prescribed by the Secretary. Hirschman Index, all marketing arrange- ator, or the transfer of all or a portion of the (e) USE OF FUNDS.— ments among industry participants shall be credits to another person, for the purpose of (1) COMPETITIVE GRANTS.— considered. complying with paragraph (2). (A) IN GENERAL.—A consortium of institu- ‘‘(B) REPORT.—Not later than December 1, ‘‘(ii) INCREASED CREDIT.—For each of cal- tions of higher education in a region that is 2015, and annually thereafter, the Federal endar years 2012 through 2014, the Adminis- awarded a grant under this section shall use Trade Commission shall submit to Congress trator shall increase the amount of the cred- the grant to conduct research, extension, and the Administrator a report on the re- it provided under clause (i) in proportion to and education programs relating to the en- sults of the market concentration analysis the extent to which the lifecycle greenhouse ergy needs of the region, including— performed under subparagraph (A)(i). gas emissions of the additional renewable (i) the promotion of low-carbon clean and ‘‘(8) PERIODIC REVIEWS.—To allow for the fuel is less than baseline lifecycle green- green energy and related jobs that are appli- appropriate adjustment of the requirements house gas emissions.’’. cable to the region; described in paragraph (2)(B), the Adminis- (ii) the development of low-carbon green trator shall conduct periodic reviews of— S. 1096 fuels to reduce dependency on oil; ‘‘(A) existing technologies; Be it enacted by the Senate and House of Rep- (iii) the development of energy storage and ‘‘(B) the feasibility of achieving compli- resentatives of the United States of America in energy management innovations for inter- ance with the requirements; and Congress assembled, mittent renewable technologies; and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5714 CONGRESSIONAL RECORD — SENATE May 20, 2009

(iv) the accelerated deployment of effi- (2) to ensure that the program supplements (2) INTERSTATE SYSTEM.—The term ‘‘Inter- cient-energy technologies in new and exist- and does not supplant— state System’’ has the meaning given the ing buildings and in manufacturing facili- (A) the Sun Grant program established term in section 101(a) of title 23, United ties. under section 7526 of the Food, Conservation, States Code. (B) ADMINISTRATION.— and Energy Act of 2008 (7 U.S.C. 8114); and (3) PROGRAM.—The term ‘‘Program’’ means (i) IN GENERAL.—Subject to clauses (ii) (B) the national Sea Grant college program the EnergySmart Transport Corridor pro- through (vi), the Secretary shall make carried out by the Administrator of the Na- gram established under subsection (b). grants under this paragraph in accordance tional Oceanic and Atmospheric Administra- (4) SECRETARY.—The term ‘‘Secretary’’ with section 989 of the Energy Policy Act of tion. means the Secretary of Transportation. 2005 (42 U.S.C. 16353). (j) AUTHORIZATION OF APPROPRIATIONS.— (b) ESTABLISHMENT.—Not later than 120 (ii) PRIORITY.—A consortium of institu- There are authorized to be appropriated to days after the date of enactment of this Act, tions of higher education in a region shall carry out— the Secretary, in consultation with the Ad- give a higher priority to programs that are (1) this section $300,000,000 for each of fiscal ministrator, shall establish an EnergySmart consistent with the plan approved by the years 2010 through 2014; and Transport Corridor program in accordance Secretary for the region under subsection (2) the activities of the Department of En- with this section. (d)(3). ergy (including biomass and bioenergy feed- (c) REQUIREMENTS.—In carrying out the (iii) TERM.—A grant awarded to a consor- stock assessment research) under the Sun Program, the Secretary shall coordinate the tium of institutions of higher education Grant program established under section 7526 planning and deployment of measures that under this section shall have a term that of the Food, Conservation, and Energy Act of will increase the energy efficiency of the does not exceed 5 years. 2008 (7 U.S.C. 8114) $15,000,000 for each of fis- Interstate System and reduce the emission (iv) COST-SHARING REQUIREMENT.—As a con- cal years 2010 through 2014. of greenhouse gases and other environmental dition of receiving a grant under this para- S. 1097 pollutants, including by— (1) increasing the availability and stand- graph, the Secretary shall require the recipi- Be it enacted by the Senate and House of Rep- ardization of anti-idling equipment; ent of the grant to share costs relating to resentatives of the United States of America in the program that is the subject of the grant Congress assembled, (2) increasing the availability of alternative, low-carbon transportation fuels; in accordance with section 988 of the Energy SECTION 1. SHORT TITLE. (3) coordinating and adjusting vehicle Policy Act of 2005 (42 U.S.C. 16352). This Act may be cited as the ‘‘Community weight limits for both existing and future (v) BUILDINGS AND FACILITIES.—Funds made College Energy Training Act of 2009’’. highways on the Interstate System; available for grants under this section shall SEC. 2. SUSTAINABLE ENERGY TRAINING PRO- not be used for the construction of a new GRAM FOR COMMUNITY COLLEGES. (4) coordinating and expanding intermodal building or facility or the acquisition, expan- (a) DEFINITION OF COMMUNITY COLLEGE.—In shipment capabilities; sion, remodeling, or alteration of an existing this Act, the term ‘‘community college’’ (5) coordinating and adjusting time of serv- building or facility (including site grading means an institution of higher education, as ice restrictions; and and improvement and architect fees). defined in section 101(a) of the Higher Edu- (6) planning and identifying future con- (vi) LIMITATION ON INDIRECT COSTS.—A con- cation Act of 1965 (20 U.S.C. 1001(a)), that— struction within the Interstate System. ESIGNATION OF CORRIDORS.— sortium of institutions of higher education (1) provides a 2-year program of instruction (d) D (1) IN GENERAL.—The Secretary, in con- may not recover the indirect costs of using for which the institution awards an associate sultation with the Administrator and with grants under subparagraph (A) in excess of degree; and the concurrence of the Governors of the the limits established under paragraph (2). (2) primarily awards associate degrees. States in which EnergySmart transport cor- (C) FEDERALLY FUNDED RESEARCH AND DE- (b) WORKFORCE TRAINING AND EDUCATION IN ridors are to be located, and in consultation VELOPMENT CENTERS.— SUSTAINABLE ENERGY.—From funds made with the appropriate advisory committees (i) IN GENERAL.—A federally funded re- available under subsection (d), the Secretary search and development center may be a of Energy, in coordination with the Sec- established under paragraph (3), shall des- member of a consortium of institutions of retary of Labor, shall carry out a joint sus- ignate EnergySmart transport corridors in higher education that receives a grant under tainable energy workforce training and edu- accordance with the requirements described this section. cation program. In carrying out the pro- in subsection (c). (2) INTERMODAL FACILITIES AND OTHER SUR- (ii) SCOPE.—The Secretary shall ensure gram, the Secretary of Energy, in coordina- FACE TRANSPORTATION MODES.—In desig- that the scope of work performed by a single tion with the Secretary of Labor, shall nating EnergySmart transport corridors, the federally funded research and development award grants to community colleges to pro- Secretary may include— center in the consortium is not more signifi- vide workforce training and education in industries and practices such as— (A) intermodal passenger and freight trans- cant than the scope of work performed by (1) alternative energy, including wind and fer facilities, particularly those that use any of the other academic institutions of solar energy; measures to significantly increase the en- higher education in the consortium. (2) energy efficient construction, retro- ergy efficiency of the Interstate System and (2) ADMINISTRATIVE EXPENSES.—A consor- fitting, and design; tium of institutions of higher education may reduce greenhouse gas emissions and other (3) sustainable energy technologies, includ- use up to 15 percent of the funds described in environmental pollutants; and ing chemical technology, nanotechnology, subsection (d) to pay administrative and in- (B) other surface transportation modes. and electrical technology; DVISORY COMMITTEES.— direct expenses incurred in carrying out (3) A (4) water and energy conservation; (A) IN GENERAL.—The Secretary, in con- paragraph (1), unless otherwise approved by (5) recycling and waste reduction; and sultation with the Governors of the States in the Secretary. (6) sustainable agriculture and farming. which EnergySmart transport corridors are (f) GRANT INFORMATION ANALYSIS CENTER.— (c) AWARD CONSIDERATIONS.—Of the funds to be located, may establish advisory com- A consortium of institutions of higher edu- made available under subsection (d) for a fis- mittees to assist in the designation of indication in a region shall maintain an Energy cal year, not less than one-half of such funds vidual EnergySmart transport corridors. Analysis Center at 1 or more of the institu- shall be awarded to community colleges with (B) MEMBERSHIP.—The advisory commit- tions of higher education to provide the in- existing (as of the date of the award) sustain- tees established under this paragraph shall stitutions of higher education in the region ability programs that lead to certificates or include representatives of interests affected with analysis and data management support. degrees in 1 or more of the industries and by the designation of EnergySmart transport NNUAL REPORTS.—Not later than 90 (g) A practices described in paragraphs (1) through corridors, including— days after the end of each fiscal year, a con- (6) of subsection (b). (i) freight and trucking companies; sortium of institutions of higher education (d) AUTHORIZATION OF APPROPRIATIONS.— (ii) vehicle and vehicle equipment manu- receiving a grant under this section shall There is authorized to be appropriated to facturers and retailers; submit to the Secretary a report that de- carry out this section $100,000,000 for each of (iii) independent owners and operators; scribes the policies, priorities, and oper- the fiscal years 2010 through 2015. (iv) conventional and alternative fuel pro- ations of the program carried out by the con- S. 1098 viders; and sortium of institutions of higher education Be it enacted by the Senate and House of Rep- (v) local transportation, planning, and en- under this section during the fiscal year. resentatives of the United States of America in ergy agencies. (h) ADMINISTRATION.—Not later than 180 Congress assembled, (e) PRIORITY.—In allocating funds for Fed- days after the date of enactment of this Act, SECTION 1. SHORT TITLE. eral highway programs, the Secretary shall the Secretary shall establish such criteria This Act may be cited as the give special consideration and priority to and procedures as are necessary to carry out ‘‘EnergySmart Transport Corridors Act of projects and programs that enable deploy- this section. 2009’’. ment and operation of EnergySmart trans- (i) COORDINATION.—The Secretary shall co- SEC. 2. ENERGYSMART TRANSPORT CORRIDORS port corridors. ordinate with the Secretary of Agriculture PROGRAM. (f) GRANTS.—In carrying out the Program, and the Secretary of Commerce each activ- (a) DEFINITIONS.—In this section: the Secretary may provide grants to States ity carried out under the program under this (1) ADMINISTRATOR.—The term ‘‘Adminis- to assist in the planning, designation, devel- section— trator’’ means the Administrator of the En- opment, and maintenance of EnergySmart (1) to avoid duplication of efforts; and vironmental Protection Agency. transport corridors.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5715 (g) ANNUAL REPORT.—Each fiscal year, the It must be sustainable so that it will When the domestic partners of Fed- Secretary shall submit to the appropriate be there for future generations. eral employees are granted the same committees of Congress a report describing We believe the Patient’s Choice Act benefits and obligations as the spouses activities carried out under the Program will meet all of these requirements. of federal employees, the Federal Gov- during the preceding fiscal year. The bill focuses on 6 key areas: pre- (h) AUTHORIZATION OF APPROPRIATIONS.— ernment will be able to attract from a There is authorized to be appropriated to the venting disease and promoting larger pool of applicants the best pos- Secretary to carry out this section $25,000,000 healthier lifestyles; creating affordable sible employees to carry out the Gov- for each of fiscal years 2010 through 2015. and accessible health insurance op- ernment’s responsibilities to the Amer- SEC. 3. REDUCTION OF ENGINE IDLING. tions; equalizing the tax treatment of ican people. In the coming years, as a Section 756(b)(4)(B) of the Energy Policy health care; establishing transparency large percentage of federal employees Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amend- in health care price and quality; and become eligible for retirement, a new ed by striking ‘‘for fiscal year 2008’’ each ensuring compensation for injured pa- generation of employees will be hired, place it appears in clauses (i) and (ii) and in- tients. and the Federal Government will be serting ‘‘for each of fiscal years 2008 through S. 1099 transforms health care in 2015’’. competing with the private sector for America by strengthening the relation- the most qualified among them. This By Mr. COBURN (for himself, Mr. ship between the patient and the doc- legislation will help put the Federal tor and relying on choice and competi- BURR, Mr. BUNNING, Mr. Government on equal footing to com- tion rather than rationing and restric- CHAMBLISS, Mr. ALEXANDER, pete for those new recruits and then re- tions. In doing so, we can ensure uni- and Mr. INHOFE): tain them. S. 1099. A bill to provide comprehen- versal, affordable health care for all From a human rights perspective, sive solutions for the health care sys- Americans. this legislation is one more step on the tem of the United States, and for other By Mr. LIEBERMAN (for himself long road to bring the gay and lesbian community equality under the law. purposes; to the Committee on Fi- and Ms. COLLINS): nance. S. 1102. A bill to provide benefits to We are not talking about an insig- Mr. BURR. Mr. President, I rise domestic partners of Federal employ- nificant number of people. According today to speak on the pressing issue of ees; to the Committee on Homeland Se- to UCLA’s Williams Institute, over health care in America. Millions of curity and Governmental Affairs. 30,000 federal workers live in com- Americans go without health insurance Mr. LIEBERMAN. Mr. President, I mitted relationships with same-sex each year. Especially during these rise today to speak in favour of the Do- partners who are not Federal employ- tough economic times, many families mestic Partner Benefits and Obliga- ees. are looking to Washington to fix the tions Act, which I am introducing with We often hear—and I have often health care crisis in this country. my colleague and friend on the Home- said—that Government should be run This year, Congress is poised to make land Security and Governmental Af- more like a business. While the purpose significant changes to our health care fairs Committee, Senator SUSAN COL- of Government and business are dif- system. Ultimately, the American peo- LINS. ferent, I believe Government has a lot ple want solutions that work. In that Last year, the Homeland Security to learn from private sector business vein I am pleased to join today with and Governmental Affairs Committee models including in the matter before my colleague, Senator COBURN, to in- held a hearing on this legislation, but us today. The fact is that a majority of troduce, S. 1099, the Patients’ Choice time ran out before we were able to U.S. corporations—including more Act. It will start to build a health care move the measure to the Senate floor. than half of all Fortune 500 compa- system that is responsive to patients’ I also want to thank my former co- nies—already offer benefits to domestic needs and conscious of their budgets. sponsor, Senator Gordon Smith of Or- partners. As we developed the framework of egon, with whom I and more than 20 General Electric, IBM, Eastman the Patients’ Choice Act, we had to other Senators introduced identical Kodak, Dow Chemical, the Chubb Cor- think about what would truly trans- legislation in the 110th Congress. We poration, Lockheed Martin, and Duke form the failing health care system in expect about 20 cosponsors again this Energy are among the major employers America right now. Typically, the year, and I want to express my appre- that have recognized the economic re- problems with our health care system ciation to them for helping us get an ward of providing benefits to domestic relate to cost, quality, and our inabil- early enough start in the 111th Con- partners. Overall, almost 10,000 private- ity to make important lifestyle inter- gress so that we can pass the bill, hope- sector companies of all sizes provide ventions before treatable symptoms be- fully, this year. benefits to domestic partners. The gov- come chronic conditions. With that This legislation makes eminent sense ernments of 13 States, including my thought in mind, Senator COBURN and I for two reasons: It will help the Fed- home State of Connecticut, about 145 set out to reform our health care sys- eral Government attract the best and local jurisdictions across our country, tem so it met the following require- the brightest and it is the fair and and some 300 colleges and universities ments. We believe that any truly trans- right thing to do from a human rights also provide these benefits. formational health care plan must perspective. Surveys show that many private sec- guarantee that every American can get Let me explain. The Domestic Part- tor employers offer these benefits be- affordable coverage. ners Benefits and Obligations Act cause it is the right thing to do. You It must demand more value for our would provide the same employee ben- can bet each one knows that the policy health care dollar instead of imposing efit programs to same-sex domestic makes good business sense; it is good a new tax or passing on a new obliga- partners of Federal employees that are management policy, it is good em- tion to future generations. now provided to the opposite-sex ployee policy, and it is good recruit- It must transform the health care spouses of Federal employees. In other ment and retention policy. system so that we focus on keeping words, same-sex domestic partners— In fact, employers have told analysts people healthy and well instead of only living in a committed relationship and that they extend benefits to domestic treating them when they are sick. unrelated by blood would be eligible to partners to boost recruitment and re- It must make health coverage afford- participate in health benefits, long- tain quality employees—as well as to able for those with pre-existing condi- term care, Family and Medical Leave, be fair. If we want the Government to tions. federal retirement benefits, and all be able to compete for the most quali- It must end the current discrimina- other benefits for which married em- fied employees, we are going to have to tion in the tax code that benefits the ployees and their spouses are eligible. provide the same benefits that job wealthy and corporations but fails the Federal employees and their domestic seekers can find elsewhere. poor and those who can’t get coverage partners would also be subject to the The experts tell us that 19 percent of through their employer. same responsibilities that apply to an employee’s compensation comes in It must ensure that health care is ac- married employees and their spouses, the form of benefits, including benefits cessible when people want it, where such as anti-nepotism rules and finan- for family members. Employees who do people want it. cial disclosure requirements. not get benefits for their families are,

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5716 CONGRESSIONAL RECORD — SENATE May 20, 2009 therefore, not being paid equally. Of S. 1102 (1) OFFICE OF PERSONNEL MANAGEMENT.— course, the supporters of this legisla- Be it enacted by the Senate and House of Rep- Not later than 6 months after the date of en- tion understand that covering domestic resentatives of the United States of America in actment of this Act, the Office of Personnel partners will add some increment to Congress assembled, Management shall promulgate regulations to SECTION 1. SHORT TITLE. implement section 2 (b) and (c). the total cost of providing federal em- (2) OTHER EXECUTIVE BRANCH REGULA- This Act may be cited as the ‘‘Domestic ployee benefits. And we understand TIONS.—Not later than 6 months after the Partnership Benefits and Obligations Act of that we have to be particularly careful date of enactment of this Act, the President 2009’’. about government spending right now or designees of the President shall promul- SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF gate regulations to implement this Act with and perform rigorous cost benefit anal- FEDERAL EMPLOYEES. respect to benefits and obligations adminis- yses of all, not just new, federal ex- (a) IN GENERAL.—An employee who has a penditures. tered by agencies or other entities of the ex- domestic partner and the domestic partner ecutive branch. of the employee shall be entitled to benefits Based on the experience of private (3) OTHER REGULATIONS AND ORDERS.—Not companies and state and local govern- available to, and shall be subject to obliga- later than 6 months after the date of enact- tions imposed upon, a married employee and ments, the Congressional Budget Office ment of this Act, each agency or other enti- the spouse of the employee. ty or official not within the executive branch has estimated that benefits to same- (b) CERTIFICATION OF ELIGIBILITY.—In order sex domestic partners of federal em- that administers a program providing bene- to obtain benefits and assume obligations fits or imposing obligations shall promulgate ployees would increase the cost of under this Act, an employee shall file an affi- regulations or orders to implement this Act those programs by less than one-half of davit of eligibility for benefits and obliga- with respect to the program. one percent. The Office of Personnel tions with the Office of Personnel Manage- (4) PROCEDURE.—Regulations and orders re- Management says the cost of health ment identifying the domestic partner of the quired under this subsection shall be promul- benefits for domestic partners over 10 employee and certifying that the employee gated after notice to interested persons and and the domestic partner of the employee— years would be $670 million. In the an opportunity for comment. (1) are each other’s sole domestic partner (g) DEFINITIONS.—In this Act: name of fairness and raising the appeal and intend to remain so indefinitely; (1) BENEFITS.—The term ‘‘benefits’’ of federal employment, this is afford- (2) have a common residence, and intend to means— able legislation. continue the arrangement; (A) health insurance and enhanced dental Among the many stories I have heard (3) are at least 18 years of age and mentally and vision benefits, as provided under chap- competent to consent to contract; about the impact of this inequality on ters 89, 89A, and 89B of title 5, United States (4) share responsibility for a significant Code; real people, I particularly remember measure of each other’s common welfare and (B) retirement and disability benefits and the words of Michael Guest, who was financial obligations; plans, as provided under— ambassador to Romania in the Bush (5) are not married to or domestic partners (i) chapters 83 and 84 of title 5, United Administration and Dean of the For- with anyone else; States Code; eign Service Institute before he left (6) are same sex domestic partners, and not (ii) chapter 8 of the Foreign Service Act of public service. In his resignation letter, related in a way that, if the 2 were of oppo- 1980 (22 U.S.C. 4041 et seq.); and Mr. Guest made a moving and eloquent site sex, would prohibit legal marriage in the (iii) the Central Intelligence Agency Re- State in which they reside; and tirement Act of 1964 for Certain Employees case for extending benefits to same sex (7) understand that willful falsification of (50 U.S.C. chapter 38); partners. I believe Ambassador Guest information within the affidavit may lead to (C) family, medical, and emergency leave, was the first publicly gay man to be disciplinary action and the recovery of the as provided under— confirmed for an U.S. ambassadorship cost of benefits received related to such fal- (i) subchapters III, IV, and V of chapter 63 from the U.S. When he resigned the sification and may constitute a criminal vio- of title 5, United States Code; Foreign Service in 2007, he said, and I lation. (ii) the Family and Medical Leave Act of quote here from his farewell address to (c) DISSOLUTION OF PARTNERSHIP.— 1993 (29 U.S.C. 2601 et seq.), insofar as that his colleagues ‘‘. . . I have felt com- (1) IN GENERAL.—An employee or domestic Act applies to the Government Account- partner of an employee who obtains benefits ability Office and the Library of Congress; pelled to choose between obligations to under this Act shall file a statement of dis- (iii) section 202 of the Congressional Ac- my partner—who is my family—and solution of the domestic partnership with countability Act of 1995 (2 U.S.C. 1312); and service to my country. That anyone the Office of Personnel Management not (iv) section 412 of title 3, United States should have to make that choice is a later than 30 days after the death of the em- Code; stain on the Secretary’s leadership and ployee or the domestic partner or the date of (D) Federal group life insurance, as pro- a shame for this institution and our dissolution of the domestic partnership. vided under chapter 87 of title 5, United country.’’ (2) DEATH OF EMPLOYEE.—In a case in which States Code; an employee dies, the domestic partner of (E) long-term care insurance, as provided Those are convincing words from a the employee at the time of death shall re- under chapter 90 of title 5, United States talented and loyal former public serv- ceive under this Act such benefits as would Code; ant—who once described the Foreign be received by the widow or widower of an (F) compensation for work injuries, as pro- Service as the career he was ‘‘born for employee. vided under chapter 81 of title 5, United . . . what I was always meant to do.’’ It (3) OTHER DISSOLUTION OF PARTNERSHIP.— States Code; is a great loss to the nation that he felt (A) IN GENERAL.—In a case in which a do- (G) benefits for disability, death, or cap- tivity, as provided under— compelled to leave the Foreign Serv- mestic partnership dissolves by a method other than death of the employee or domes- (i) sections 5569 and 5570 of title 5, United ice—particularly at a time when our tic partner of the employee, any benefits re- States Code; nation so desperately needs talented ceived by the domestic partner as a result of (ii) section 413 of the Foreign Service Act diplomats to help meet the challenges this Act shall terminate. of 1980 (22 U.S.C. 3973); and we face abroad. He may have left public (B) EXCEPTION.—In a case in which a do- (iii) part L of title I of the Omnibus Crime service for many reasons—but one of mestic partnership dissolves by a method Control and Safe Streets Act of 1968 (42 them should not have been that his fed- other than death of the employee or domes- U.S.C. 3796 et seq.), insofar as that part ap- eral employee benefits did not allow tic partner of the employee, the former do- plies to any employee; (H) travel, transportation, and related pay- him to care for the needs of his family mestic partner of the employee shall be entitled to benefits available to, and shall be ments and benefits, as provided under— in an adequate manner. subject to obligations imposed upon, a (i) chapter 57 of title 5, United States Code; The Domestic Partners Benefits and former spouse. (ii) chapter 9 of the Foreign Service Act of Obligations Act makes good economic (d) STEPCHILDREN.—For purposes of afford- 1980 (22 U.S.C. 4081 et seq.); and sense. It is sound policy. And it is the ing benefits under this Act, any natural or (iii) section 1599b of title 10, United States Code; and right thing to do. I urge my colleagues adopted child of a domestic partner of an employee shall be deemed a stepchild of the em- (I) any other benefit similar to a benefit to support this bill. ployee. described under subparagraphs (A) through Mr. President, I ask unanimous con- (e) CONFIDENTIALITY.—Any information (H) provided by or on behalf of the United sent that the text of the bill and a bill submitted to the Office of Personnel Man- States to any employee. summary be printed in the RECORD. agement under subsection (b) shall be used (2) DOMESTIC PARTNER.—The term ‘‘domes- solely for the purpose of certifying an indi- tic partner’’ means an adult unmarried per- There being no objection, the mate- vidual’s eligibility for benefits under sub- son living with another adult unmarried per- rial was ordered to be printed in the section (a). son of the same sex in a committed, intimate RECORD, as follows: (f) REGULATIONS AND ORDERS.— relationship.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5717 (3) EMPLOYEE.—The term ‘‘employee’’— the Commissioner of Reclamation, to ests of these Pueblos. I look forward to (A) means an officer or employee of the develop water infrastructure in the Rio working with my colleagues in the United States or of any department, agency, Grande Basin, and to approve the set- Senate as well as the House of Rep- or other entity of the United States, includ- tlement of the water rights claims of resentatives to enact this legislation as ing the President of the United States, the Vice President of the United States, a Mem- the Pueblos of Nambe, Pojoaque, San soon as possible. ber of Congress, or a Federal judge; and lldefonso, and Tesuque; to the Com- Mr. President, I ask unanimous con- (B) shall not include a member of the uni- mittee on Indian Affairs. sent that the text of the bill be printed formed services. Mr. BINGAMAN. Mr. President, in the RECORD. (4) OBLIGATIONS.—The term ‘‘obligations’’ today Senator UDALL and I are intro- There being no objection, the text of means any duties or responsibilities with reducing a bill that will help end a con- the bill was ordered to be printed in spect to Federal employment that would be tentious dispute over water rights the RECORD, as follows: incurred by a married employee or by the claims in the Rio Pojoaque general S. 1105 spouse of an employee. stream adjudication in New Mexico. (5) UNIFORMED SERVICES.—The term ‘‘uni- Be it enacted by the Senate and House of Rep- formed services’’ has the meaning given This is accomplished by authorizing an resentatives of the United States of America in under section 2101(3) of title 5, United States Indian water rights settlement of the Congress assembled, Code. claims being pursued by the Nambe, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 3. EFFECTIVE DATE. Pojoaque, San Ildefonso, and Tesuque (a) SHORT TITLE.—This Act may be cited as This Act shall— Pueblos in the Rio Pojoaque basin the ‘‘Aamodt Litigation Settlement Act’’. (1) with respect to the provision of benefits north of Santa Fe. (b) TABLE OF CONTENTS.—The table of con- and obligations, take effect 6 months after This general stream adjudication is tents of this Act is as follows: the date of enactment of this Act; and known as the Aamodt case, and I be- Sec. 1. Short title; table of contents. (2) apply to any individual who is employed lieve it is the longest active case in the Sec. 2. Definitions. as an employee on or after the date of enact- Federal court system nationwide. The TITLE I—POJOAQUE BASIN REGIONAL ment of this Act. case began in 1966, and since that time WATER SYSTEM Sec. 101. Authorization of Regional Water DOMESTIC PARTNERSHIP BENEFITS AND has been actively litigated before the System. OBLIGATIONS ACT OF 2009 New Mexico District Court and the Tenth Circuit Court of Appeals. Forty Sec. 102. Operating Agreement. SUMMARY Sec. 103. Acquisition of Pueblo water supply Under the Domestic Partnership Benefits years of litigation has resolved very for the Regional Water System. and Obligations Act of 2009, federal employ- little in the basin. Fortunately, the Sec. 104. Delivery and allocation of Regional ees who have same-sex domestic partners parties to the case took matters into Water System capacity and will be entitled to the same employment their own hands. By engaging directly water. benefits that are available to married federal with each other they have resolved Sec. 105. Aamodt Settlement Pueblos’ Fund. employees and their spouses. Federal em- their differences, something the litiga- Sec. 106. Environmental compliance. ployees and their domestic partners will also tion could not accomplish. The Aamodt Sec. 107. Authorization of appropriations. be subject to the same employment-related Litigation Settlement Act represents TITLE II—POJOAQUE BASIN INDIAN obligations that are imposed on married em- WATER RIGHTS SETTLEMENT ployees and their spouses. an agreement by the parties that will In order to obtain benefits and assume ob- secure water to meet the present and Sec. 201. Settlement Agreement and con- ligations, an employee must file an affidavit future needs of the four Pueblos in- tract approval. of eligibility with the Office of Personnel volved in the litigation; protect the in- Sec. 202. Environmental compliance. Sec. 203. Conditions precedent and enforce- Management (OPM). The employee must cer- terests and rights of longstanding tify that the employee and the employee’s ment date. water users, including century-old irri- Sec. 204. Waivers and releases. same-sex domestic partner have a common gation practices; and ensure that water residence, share responsibility for each oth- Sec. 205. Effect. er’s welfare and financial responsibilities, is available for municipal and domestic SEC. 2. DEFINITIONS. are not related by blood, and are living to- needs for all residents in the Pojoaque In this Act: gether in a committed intimate relationship. basin. Negotiation of this agreement (1) AAMODT CASE.—The term ‘‘Aamodt They must also certify that, as each other’s was a lengthy process. In the end, how- Case’’ means the civil action entitled State sole domestic partner, they intend to remain ever, the parties’ commitment to solv- of New Mexico, ex rel. State Engineer and so indefinitely. If a domestic partnership dis- ing water supply issues in the basin United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, solves, whether by death of the domestic prevailed. partner or otherwise, the employee must file and Pueblo de Tesuque v. R. Lee Aamodt, et Legislation to implement this settle- al., No. 66 CV 6639 MV/LCS (D.N.M.). a statement of dissolution with OPM within ment was introduced in the 110th Con- 30 days. (2) ACRE-FEET.—The term ‘‘acre-feet’’ Employees and their domestic partners gress. Hearings were held in both the means acre-feet of water per year. will have the same benefits as married em- House and Senate and based on the (3) AUTHORITY.—The term ‘‘Authority’’ ployees and their spouses under— submitted testimony a number of means the Pojoaque Basin Regional Water Employee health benefits. changes were made to address concerns Authority described in section 9.5 of the Set- Retirement and disability plans. with the legislation. These changes tlement Agreement or an alternate entity Family, medical, and emergency leave. help standardize the Pueblos’ waivers acceptable to the Pueblos and the County to Group life insurance. operate and maintain the diversion and Long-term care insurance. of claims as part of the settlement; treatment facilities, certain transmission Compensation for work injuries. limit the settlement’s impact on the pipelines, and other facilities of the Regional Death, disability, and similar benefits. Federal budget; and allows for flexi- Water System. Relocation, travel, and related expenses. bility in developing the size and scope (4) CITY.—The term ‘‘City’’ means the city For purposes of these benefits, any natural of the regional water system in re- of Santa Fe, New Mexico. or adopted child of the domestic partner will sponse to local concerns. (5) COST-SHARING AND SYSTEM INTEGRATION be treated as a stepchild of the employee. This settlement is widely supported AGREEMENT.—The term ‘‘Cost-Sharing and The employee and the employee’s domestic System Integration Agreement’’ means the partner will also become subject to the same in the region and it is time to move swiftly to enact this legislation. The agreement to be executed by the United duties and responsibilities with respect to States, the State, the Pueblos, the County, federal employment that apply to a married State of New Mexico deserves recogni- and the City that— employee and the employee’s spouse. These tion for actively pursuing a settlement (A) describes the location, capacity, and will include, for example, anti-nepotism of this matter and committing signifi- management (including the distribution of rules and financial disclosure requirements. cant resources so that the Federal gov- water to customers) of the Regional Water The Act will apply with respect to those ernment does not bear the entire cost System; and federal employees who are employed on the of the settlement. The bill is critical to (B) allocates the costs of the Regional date of enactment or who become employed Water System with respect to— on or after that date. New Mexico’s future since it provides certainty in allocating water in a pe- (i) the construction, operation, maintenance, and repair of the Regional Water Sys- By Mr. BINGAMAN (for himself rennially water-short area of the state. tem; and Mr. UDALL, of New Mexico): It also helps address a long-neglected (ii) rights-of-way for the Regional Water S. 1105. A bill to authorize the Sec- responsibility of the Federal Govern- System; and retary of the Interior, acting through ment to protect the rights and inter- (iii) the acquisition of water rights.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5718 CONGRESSIONAL RECORD — SENATE May 20, 2009

(6) COUNTY.—The term ‘‘County’’ means Pueblo outside the Pojoaque Basin that is lo- (b) FINAL PROJECT DESIGN.—The Secretary Santa Fe County, New Mexico. cated within the exterior boundaries of the shall issue a final project design within 90 (7) COUNTY DISTRIBUTION SYSTEM.—The Pueblo as recognized and confirmed by a pat- days of completion of the environmental term ‘‘County Distribution System’’ means ent issued under the Act of December 22, 1858 compliance described in section 106 for the the portion of the Regional Water System (11 Stat. 374, chapter V); or Regional Water System that— that serves water customers on non-Pueblo (D) within the exterior boundaries of any (1) is consistent with the Engineering Re- land in the Pojoaque Basin. real property located outside the Pojoaque port; and (8) COUNTY WATER UTILITY.—The term Basin set aside for a Pueblo by law, execu- (2) includes a description of any Pueblo ‘‘County Water Utility’’ means the water tive order, or court decree, if the land is Water Facilities. utility organized by the County to— within or contiguous to land held by the (c) ACQUISITION OF LAND; WATER RIGHTS.— (A) receive water distributed by the Au- United States in trust for the Pueblo as of (1) ACQUISITION OF LAND.—Upon request, thority; and January 1, 2005. and in exchange for the funding which shall (B) provide the water received under sub- (17) PUEBLO WATER FACILITY.— be provided in section 107(c), the Pueblos paragraph (A) to customers on non-Pueblo (A) IN GENERAL.—The term ‘‘Pueblo Water shall consent to the grant of such easements land in the Pojoaque Basin. Facility’’ means— and rights-of-way as may be necessary for NGINEERING REPORT.—The term ‘‘Engi- (i) a portion of the Regional Water System (9) E the construction of the Regional Water Sys- neering Report’’ means the report entitled that serves only water customers on Pueblo tem at no cost to the Secretary. To the ex- ‘‘Pojoaque Regional Water System Engineer- land; and tent that the State or County own easements ing Report’’ dated September 2008 and any (ii) portions of a Pueblo water system in or rights-of-way that may be used for con- amendments thereto, including any modi- existence on the date of enactment of this struction of the Regional Water System, the fications which may be required by section Act that serve water customers on non-Pueb- State or County shall provide that land or 101(d)(2). lo land, also in existence on the date of en- interest in land as necessary for construc- (10) FUND.—The term ‘‘Fund’’ means the actment of this Act, or their successors, that tion at no cost to the Secretary. The Sec- Aamodt Settlement Pueblos’ Fund estab- are— retary shall acquire any other land or inter- lished by section 105(a). (I) depicted in the final project design, as est in land that is necessary for the con- (11) OPERATING AGREEMENT.—The term modified by the drawings reflecting the com- ‘‘Operating Agreement’’ means the agree- pleted Regional Water System; and struction of the Regional Water System. ment between the Pueblos and the County (II) described in the Operating Agreement. (2) WATER RIGHTS.—The Secretary shall not condemn water rights for purposes of the Re- executed under section 102(a). (B) INCLUSIONS.—The term ‘‘Pueblo Water gional Water System. (12) OPERATIONS, MAINTENANCE, AND RE- Facility’’ includes— PLACEMENT COSTS.— (i) the barrier dam and infiltration project (d) CONDITIONS FOR CONSTRUCTION.— (A) IN GENERAL.—The term ‘‘operations, on the Rio Pojoaque described in the Engi- (1) IN GENERAL.—The Secretary shall not maintenance, and replacement costs’’ means neering Report; and begin construction of the Regional Water all costs for the operation of the Regional (ii) the Tesuque Pueblo infiltration pond System facilities until the date on which— Water System that are necessary for the described in the Engineering Report. (A) the Secretary executes— safe, efficient, and continued functioning of (18) REGIONAL WATER SYSTEM.— (i) the Settlement Agreement; and the Regional Water System to produce the (A) IN GENERAL.—The term ‘‘Regional (ii) the Cost-Sharing and System Integra- benefits described in the Settlement Agree- Water System’’ means the Regional Water tion Agreement; and ment. System described in section 101(a). (B) the State and the County have entered (B) EXCLUSION.—The term ‘‘operations, (B) EXCLUSIONS.—The term ‘‘Regional into an agreement with the Secretary to maintenance, and replacement costs’’ does Water System’’ does not include the County contribute the non-Federal share of the costs not include construction costs or costs re- or Pueblo water supply delivered through the of the construction in accordance with the lated to construction design and planning. Regional Water System. Cost-Sharing and System Integration Agree- (13) POJOAQUE BASIN.— (19) SAN JUAN-CHAMA PROJECT.—The term ment. (A) IN GENERAL.—The term ‘‘Pojoaque ‘‘San Juan-Chama Project’’ means the (2) MODIFICATIONS TO REGIONAL WATER SYS- Basin’’ means the geographic area limited by Project authorized by section 8 of the Act of TEM.— a surface water divide (which can be drawn June 13, 1962 (76 Stat. 96, 97), and the Act of (A) IN GENERAL.—The State and the Coun- on a topographic map), within which area April 11, 1956 (70 Stat. 105). ty, in agreement with the Pueblos, the City, rainfall and runoff flow into arroyos, drain- (20) SAN JUAN-CHAMA PROJECT ACT.—The and other signatories to the Cost-Sharing ages, and named tributaries that eventually term ‘‘San Juan-Chama Project Act’’ means and System Integration Agreement, may drain to— sections 8 through 18 of the Act of June 13, modify the extent, size, and capacity of the (i) the Rio Pojoaque; or 1962 (76 Stat. 96, 97). County Distribution System as set forth in (ii) the 2 unnamed arroyos immediately (21) SECRETARY.—The term ‘‘Secretary’’ the Cost-Sharing and System Integration south; and means the Secretary of the Interior. Agreement. (iii) 2 arroyos (including the Arroyo (22) SETTLEMENT AGREEMENT.—The term (B) EFFECT.—A modification under sub- Alamo) that are north of the confluence of ‘‘Settlement Agreement’’ means the stipu- paragraph (A)— the Rio Pojoaque and the Rio Grande. lated and binding agreement among the (i) shall not affect implementation of the (B) INCLUSION.—The term ‘‘Pojoaque State, the Pueblos, the United States, the Settlement Agreement so long as the provi- Basin’’ includes the San Ildefonso Eastern County, and the City dated January 19, 2006, sions in section 203 are satisfied; and Reservation recognized by section 8 of Public and signed by all of the government parties (ii) may result in an adjustment of the Law 87–231 (75 Stat. 505). to the Settlement Agreement (other than State and County cost-share allocation as (14) PUEBLO.—The term ‘‘Pueblo’’ means the United States) on May 3, 2006, and as set forth in the Cost-Sharing and System In- each of the pueblos of Nambe, Pojoaque, San amended in conformity with this Act. tegration Agreement. Ildefonso, or Tesuque. (23) STATE.—The term ‘‘State’’ means the (e) APPLICABLE LAW.—The Indian Self-De- (15) PUEBLOS.—The term ‘‘Pueblos’’ means State of New Mexico. termination and Education Assistance Act collectively the Pueblos of Nambe, Pojoaque, TITLE I—POJOAQUE BASIN REGIONAL (25 U.S.C. 450 et seq.) shall not apply to the San Ildefonso, and Tesuque. WATER SYSTEM design and construction of the Regional (16) PUEBLO LAND.—The term ‘‘Pueblo SEC. 101. AUTHORIZATION OF REGIONAL WATER Water System. land’’ means any real property that is— SYSTEM. (f) CONSTRUCTION COSTS.— (A) held by the United States in trust for (a) IN GENERAL.—The Secretary, acting a Pueblo within the Pojoaque Basin; through the Commissioner of Reclamation, (1) PUEBLO WATER FACILITIES.—The costs of (B)(i) owned by a Pueblo within the shall plan, design, and construct a regional constructing the Pueblo Water Facilities, as Pojoaque Basin before the date on which a water system in accordance with the Settle- determined by the final project design and court approves the Settlement Agreement; ment Agreement, to be known as the ‘‘Re- the Engineering Report— or gional Water System’’— (A) shall be at full Federal expense subject (ii) acquired by a Pueblo on or after the (1) to divert and distribute water to the to the amount authorized in section 107(a)(1); date on which a court approves the Settle- Pueblos and to the County Water Utility, in and ment Agreement, if the real property is lo- accordance with the Engineering Report; and (B) shall be nonreimbursable to the United cated— (2) that consists of— States. (I) within the exterior boundaries of the (A) surface water diversion facilities at (2) COUNTY DISTRIBUTION SYSTEM.—The Pueblo, as recognized and conformed by a San Ildefonso Pueblo on the Rio Grande; and costs of constructing the County Distribu- patent issued under the Act of December 22, (B) any treatment, transmission, storage tion System shall be at State and local ex- 1858 (11 Stat. 374, chapter V); or and distribution facilities and wellfields for pense. (II) within the exterior boundaries of any the County Distribution System and Pueblo (g) STATE AND LOCAL CAPITAL OBLIGA- territory set aside for the Pueblo by law, ex- Water Facilities that are necessary to supply TIONS.—The State and local capital obliga- ecutive order, or court decree; 4,000 acre-feet of water within the Pojoaque tions for the Regional Water System de- (C) owned by a Pueblo or held by the Basin, unless modified in accordance with scribed in the Cost-Sharing and System Inte- United States in trust for the benefit of a subsection (d)(2). gration Agreement shall be satisfied on the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5719 payment of the State and local capital obli- wastewater purposes as provided in the Cost- System is in accordance with the Settlement gations described in the Cost-Sharing and Sharing and System Integration Agreement. Agreement; System Integration Agreement. SEC. 102. OPERATING AGREEMENT. (ii) the wells in the Regional Water System (h) CONVEYANCE OF REGIONAL WATER SYS- (a) IN GENERAL.—The Pueblos and the are used in conjunction with the surface TEM FACILITIES.— County shall submit to the Secretary an exe- water supply of the Regional Water System (1) IN GENERAL.—Subject to paragraph (2), cuted Operating Agreement for the Regional to ensure a reliable firm supply of water to on completion of the construction of the Re- Water System that is consistent with this all users of the Regional Water System, con- gional Water System, the Secretary, in ac- Act, the Settlement Agreement, and the sistent with the intent of the Settlement cordance with the Operating Agreement, Cost-Sharing and System Integration Agree- Agreement that surface supplies will be used shall convey to— ment not later than 180 days after the later to the maximum extent feasible; (A) each Pueblo the portion of any Pueblo of— (iii) the respective obligations regarding Water Facility that is located within the (1) the date of completion of environ- delivery, payment, operation, and manage- boundaries of the Pueblo, including any land mental compliance and permitting; or ment are enforceable; and or interest in land located within the bound- (2) the date of issuance of a final project (iv) the County has the right to serve any aries of the Pueblo that is acquired by the design for the Regional Water System under new water users located on non-Pueblo land United States for the construction of the section 101(b). in the Pojoaque Basin; and (B) allow for any aquifer storage and recov- Pueblo Water Facility; (b) APPROVAL.—Not later than 180 days ery projects that are approved by the Office (B) the County the County Distribution after receipt of the operating agreement de- of the New Mexico State Engineer. System, including any land or interest in scribed in subsection (a), the Secretary shall (d) EFFECT.—Nothing in this Act precludes land acquired by the United States for the approve the Operating Agreement upon de- the Operating Agreement from authorizing construction of the County Distribution Sys- termination that the Operating Agreement phased or interim operations if the Regional tem; and is consistent with this Act, the Settlement Water System is constructed in phases. (C) the Authority any portions of the Re- Agreement, and the Cost-Sharing and Sys- SEC. 103. ACQUISITION OF PUEBLO WATER SUP- gional Water System that remain after mak- tem Integration Agreement. PLY FOR THE REGIONAL WATER SYS- ing the conveyances under subparagraphs (A) (c) CONTENTS.—The Operating Agreement TEM. and (B), including any land or interest in shall include— (a) IN GENERAL.—For the purpose of pro- land acquired by the United States for the (1) provisions consistent with the Settle- viding a reliable firm supply of water from construction of the portions of the Regional ment Agreement and the Cost-Sharing and the Regional Water System for the Pueblos Water System. System Integration Agreement and nec- in accordance with the Settlement Agree- (2) CONDITIONS FOR CONVEYANCE.—The Sec- essary to implement the intended benefits of ment, the Secretary, on behalf of the Pueb- retary shall not convey any portion of the the Regional Water System described in los, shall— Regional Water System facilities under para- those documents; (1) acquire water rights to— graph (1) until the date on which— (2) provisions for— (A) 302 acre-feet of Nambe reserved water (A) construction of the Regional Water (A) the distribution of water conveyed described in section 2.6.2 of the Settlement System is complete; and through the Regional Water System, includ- Agreement pursuant to section 107(c)(1)(C); (B) the Operating Agreement is executed in ing a delineation of— and accordance with section 102. (i) distribution lines for the County Dis- (B) 1141 acre-feet from water acquired by (3) SUBSEQUENT CONVEYANCE.—On convey- tribution System; the County for water rights commonly re- ance by the Secretary under paragraph (1), (ii) distribution lines for the Pueblo Water ferred to as ‘‘Top of the World’’ rights in the the Pueblos, the County, and the Authority Facilities; and Aamodt Case; shall not reconvey any portion of the Re- (iii) distribution lines that serve both— (2) make available 1079 acre-feet to the gional Water System conveyed to the Pueb- (I) the County Distribution System; and Pueblos pursuant to a contract entered into los, the County, and the Authority, respec- (II) the Pueblo Water Facilities; among the Pueblos and the Secretary in actively, unless the reconveyance is authorized (B) the allocation of the Regional Water cordance with section 11 of the San Juan- by an Act of Congress enacted after the date System capacity; Chama Project Act, under water rights held of enactment of this Act. (C) the terms of use of unused water capac- by the Secretary; and (4) INTEREST OF THE UNITED STATES.—On ity in the Regional Water System; (3) by application to the State Engineer, conveyance of a portion of the Regional (D) the construction of additional infra- obtain approval to divert the water acquired Water System under paragraph (1), the structure and the acquisition of associated and made available under paragraphs (1) and United States shall have no further right, rights-of-way or easements necessary to en- (2) at the points of diversion for the Regional title, or interest in and to the portion of the able any of the Pueblos or the County to Water System, consistent with the Settle- Regional Water System conveyed. fully use water allocated to the Pueblos or ment Agreement and the Cost-Sharing and (5) ADDITIONAL CONSTRUCTION.—On convey- the County from the Regional Water System, System Integration Agreement. ance of a portion of the Regional Water Sys- including provisions addressing when the (b) FORFEITURE.—The nonuse of the water tem under paragraph (1), the Pueblos, Coun- construction of such additional infrastruc- supply secured by the Secretary for the ty, or the Authority, as applicable, may, at ture requires approval by the Authority; Pueblos under subsection (a) shall in no the expense of the Pueblos, County, or the (E) the allocation and payment of annual event result in forfeiture, abandonment, re- Authority, construct any additional infra- operation, maintenance, and replacement linquishment, or other loss thereof. structure that is necessary to fully use the costs for the Regional Water System, includ- (c) TRUST.—The Pueblo water supply secured under subsection (a) shall be held by water delivered by the Regional Water Sys- ing the portions of the Regional Water Sys- the United States in trust for the Pueblos. tem. tem that are used to treat, transmit, and dis- (d) APPLICABLE LAW.—The water supply (6) LIABILITY.— tribute water to both the Pueblo Water Fa- made available pursuant to subsection (a)(2) (A) IN GENERAL.—Effective on the date of cilities and the County Water Utility; shall be subject to the San Juan-Chama conveyance of any land or facility under this (F) the operation of wellfields located on Project Act, and no preference shall be pro- section, the United States shall not be held Pueblo land; vided to the Pueblos as a result of subsection liable by any court for damages of any kind (G) the transfer of any water rights nec- (c) with regard to the delivery or distribu- arising out of any act, omission, or occur- essary to provide the Pueblo water supply tion of San Juan-Chama Project water or the rence relating to the land and facilities con- described in section 103(a); management or operation of the San Juan- veyed, other than damages caused by acts of (H) the operation of the Regional Water Chama Project. negligence by the United States, or by em- System with respect to the water supply, in- (e) CONTRACT FOR SAN JUAN-CHAMA ployees or agents of the United States, prior cluding the allocation of the water supply in PROJECT WATER SUPPLY.—With respect to to the date of conveyance. accordance with section 3.1.8.4.2 of the Set- the contract for the water supply required by (B) TORT CLAIMS.—Nothing in this section tlement Agreement so that, in the event of a subsection (a)(2), such San Juan-Chama increases the liability of the United States shortage of supply to the Regional Water Project contract shall be pursuant to the fol- beyond the liability provided in chapter 171 System, the supply to each of the Pueblos’ lowing terms: of title 28, United States Code (commonly and to the County’s distribution system (1) WAIVERS.—Notwithstanding the provi- known as the ‘‘Federal Tort Claims Act’’). shall be reduced on a prorata basis, in pro- sions of the San Juan-Chama Project Act, or (7) EFFECT.—Nothing in any transfer of portion to each distribution system’s most any other provision of law— ownership provided or any conveyance there- current annual use; and (A) the Secretary shall waive the entirety to as provided in this section shall extin- (I) dispute resolution; and of the Pueblos’ share of the construction guish the right of any Pueblo, the County, or (3) provisions for operating and maintain- costs for the San Juan-Chama Project, and the Regional Water Authority to the contin- ing the Regional Water System facilities be- pursuant to that waiver, the Pueblos’ share uous use and benefit of each easement or fore and after conveyance under section of all construction costs for the San Juan- right of way for the use, operation, mainte- 101(h), including provisions to— Chama Project, inclusive of both principal nance, repair, and replacement of Pueblo (A) ensure that— and interest, due from 1972 to the execution Water Facilities, the County Distribution (i) the operation of, and the diversion and of the contract required by subsection (a)(2), System or the Regional Water System or for conveyance of water by, the Regional Water shall be nonreimbursable;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5720 CONGRESSIONAL RECORD — SENATE May 20, 2009

(B) the Secretary’s waiver of each Pueblo’s (b) DELIVERY OF REGIONAL WATER SYSTEM al management plan as described in the share of the construction costs for the San WATER.—The Authority shall deliver water American Indian Trust Fund Management Juan-Chama Project will not result in an in- from the Regional Water System— Reform Act of 1994 (25 U.S.C. 4001 et seq.). crease in the pro rata shares of other San (1) to the Pueblos water in a quantity suffi- (2) REQUIREMENTS.—In addition to the re- Juan-Chama Project water contractors, but cient to allow full consumptive use of up to quirements under the American Indian Trust such costs shall be absorbed by the United 2,500 acre-feet per year of water rights by the Fund Management Reform Act of 1994 (25 States Treasury or otherwise appropriated to Pueblos in accordance with— U.S.C. 4001 et seq.), the tribal management the Department of the Interior; and (A) the Settlement Agreement; plan shall require that a Pueblo spend any (C) the costs associated with any water (B) the Operating Agreement; and amounts withdrawn from the Fund in ac- made available from the San Juan-Chama (C) this title; and cordance with the purposes described in sec- Project which were determined nonreimburs- (2) to the County water in a quantity suffi- tion 107(c). able and nonreturnable pursuant to Public cient to allow full consumptive use of up to (3) ENFORCEMENT.—The Secretary may Law No. 88–293, 78 Stat. 171 (March 26, 1964) 1,500 acre-feet per year of water rights by the take judicial or administrative action to en- shall remain nonreimbursable and non- County Water Utility in accordance with— force the provisions of any tribal manage- returnable. (A) the Settlement Agreement; ment plan to ensure that any amounts with- (2) TERMINATION.—The contract shall pro- (B) the Operating Agreement; and drawn from the Fund under an approved trib- vide that it shall terminate only upon the (C) this title. al management plan are used in accordance following conditions— (c) ADDITIONAL USE OF ALLOCATION QUAN- with this title. (A) failure of the United States District TITY AND UNUSED CAPACITY.—The Regional (4) LIABILITY.—If a Pueblo or the Pueblos Court for the District of New Mexico to enter Water System may be used to— exercise the right to withdraw amounts from a final decree for the Aamodt Case by De- (1) provide for use of return flow credits to the Fund, neither the Secretary nor the Sec- cember 15, 2012, or within the time period of allow for full consumptive use of the water retary of the Treasury shall retain any li- any extension of that deadline granted by allocated in the Settlement Agreement to ability for the expenditure or investment of the court; or each of the Pueblos and to the County; and the amounts withdrawn. (B) entry of an order by the United States (2) convey water allocated to one of the (5) EXPENDITURE PLAN.— District Court for the District of New Mexico Pueblos or the County Water Utility for the (A) IN GENERAL.—The Pueblos shall submit voiding the final decree and Settlement benefit of another Pueblo or the County to the Secretary for approval an expenditure Agreement for the Aamodt Case pursuant to Water Utility or allow use of unused capac- plan for any portion of the amounts in the section 10.3 of the Settlement Agreement. ity by each other through the Regional Fund that the Pueblos do not withdraw (f) LIMITATION.—The Secretary shall use Water System in accordance with an inter- under this subsection. the water supply secured under subsection governmental agreement between the Pueb- (B) DESCRIPTION.—The expenditure plan (a) only for the purposes described in the los, or between a Pueblo and County Water shall describe the manner in which, and the Settlement Agreement. Utility, as applicable, if— purposes for which, amounts remaining in (g) FULFILLMENT OF WATER SUPPLY ACQUI- (A) such intergovernmental agreements the Fund will be used. SITION OBLIGATIONS.—Compliance with sub- are consistent with the Operating Agree- (C) APPROVAL.—On receipt of an expendi- sections (a) through (f) shall satisfy any and ment, the Settlement Agreement, and this ture plan under subparagraph (A), the Sec- all obligations of the Secretary to acquire or Act; retary shall approve the plan if the Sec- secure a water supply for the Pueblos pursu- (B) capacity is available without reducing retary determines that the plan is reason- ant to the Settlement Agreement. water delivery to any Pueblo or the County able and consistent with this Act, the Settle- (h) RIGHTS OF PUEBLOS IN SETTLEMENT Water Utility in accordance with the Settle- ment Agreement, and the Cost-Sharing and AGREEMENT UNAFFECTED.—Notwithstanding ment Agreement, unless the County Water System Integration Agreement. the provisions of subsections (a) through (g), Utility or Pueblo contracts for a reduction (D) ANNUAL REPORT.—The Pueblos shall the Pueblos, the County or the Regional in water delivery or Regional Water System submit to the Secretary an annual report Water Authority may acquire any additional capacity; that describes all expenditures from the water rights to ensure all parties to the Set- (C) the Pueblo or County Water Utility Fund during the year covered by the report. tlement Agreement receive the full alloca- contracting for use of the unused capacity or (6) NO PER CAPITA PAYMENTS.—No part of tion of water provided by the Settlement water has the right to use the water under the principal of the Fund, or the interest or Agreement and nothing in this Act amends applicable law; and income accruing on the principal shall be or modifies the quantities of water allocated (D) any agreement for the use of unused distributed to any member of a Pueblo on a to the Pueblos thereunder. capacity or water provides for payment of per capita basis. SEC. 104. DELIVERY AND ALLOCATION OF RE- the operation, maintenance, and replace- (7) AVAILABILITY OF AMOUNTS FROM THE GIONAL WATER SYSTEM CAPACITY ment costs associated with the use of capac- FUND.— AND WATER. ity or water. (A) APPROVAL OF SETTLEMENT AGREE- (a) ALLOCATION OF REGIONAL WATER SYS- SEC. 105. AAMODT SETTLEMENT PUEBLOS’ FUND. MENT.—Amounts made available under sub- TEM CAPACITY.— (a) ESTABLISHMENT OF THE AAMODT SETTLE- paragraphs (A) and (C) of section 107(c)(1) or (1) IN GENERAL.—The Regional Water Sys- MENT PUEBLOS’ FUND.—There is established from other authorized sources shall be avail- tem shall have the capacity to divert from in the Treasury of the United States a fund, able for expenditure or withdrawal only after the Rio Grande a quantity of water sufficient to be known as the ‘‘Aamodt Settlement the date on which the United States District to provide— Pueblos’ Fund,’’ consisting of— Court for the District of New Mexico issues (A) up to 4,000 acre-feet of consumptive use (1) such amounts as are made available to an order approving the Settlement Agree- of water; and the Fund under section 107(c) or other au- ment. (B) the requisite peaking capacity de- thorized sources; and (B) COMPLETION OF CERTAIN PORTIONS OF RE- scribed in— (2) any interest earned from investment of GIONAL WATER SYSTEM.—Amounts made (i) the Engineering Report; and amounts in the Fund under subsection (b). available under section 107(c)(1)(B) or from (ii) the final project design. (b) MANAGEMENT OF THE FUND.—The Sec- other authorized sources shall be available (2) ALLOCATION TO THE PUEBLOS AND COUNTY retary shall manage the Fund, invest for expenditure or withdrawal only after WATER UTILITY.—Of the capacity described in amounts in the Fund, and make amounts those portions of the Regional Water System paragraph (1)— available from the Fund for distribution to described in section 1.5.24 of the Settlement (A) there shall be allocated to the Pueb- the Pueblos in accordance with— Agreement have been declared substantially los— (1) the American Indian Trust Fund Man- complete by the Secretary. (i) sufficient capacity for the conveyance agement Reform Act of 1994 (25 U.S.C. 4001 et (C) FAILURE TO FULFILL CONDITIONS PRECE- of 2,500 acre-feet consumptive use; and seq.); and DENT.—If the conditions precedent in section (ii) the requisite peaking capacity for the (2) this Act. 203 have not been fulfilled by September 15, quantity of water described in clause (i); and (c) INVESTMENT OF THE FUND.—On the date 2017, the United States shall be entitled to (B) there shall be allocated to the County set forth in section 203(a)(1), the Secretary set off any funds expended or withdrawn Water Utility— shall invest amounts in the Fund in accord- from the amounts appropriated pursuant to (i) sufficient capacity for the conveyance ance with— section 107(c), together with any interest ac- of up to 1,500 acre-feet consumptive use; and (1) the Act of April 1, 1880 (25 U.S.C. 161); crued, against any claims asserted by the (ii) the requisite peaking capacity for the (2) the first section of the Act of June 24, Pueblos against the United States relating quantity of water described in clause (i). 1938 (25 U.S.C. 162a); and to the water rights in the Pojoaque Basin. (3) APPLICABLE LAW.—Water shall be allo- (3) the American Indian Trust Fund Man- SEC. 106. ENVIRONMENTAL COMPLIANCE. cated to the Pueblos and the County Water agement Reform Act of 1994 (25 U.S.C. 4001 et (a) IN GENERAL.—In carrying out this title, Utility under this subsection in accordance seq.). the Secretary shall comply with each law of with— (d) TRIBAL MANAGEMENT PLAN.— the Federal Government relating to the pro- (A) this title; (1) IN GENERAL.—A Pueblo may withdraw tection of the environment, including— (B) the Settlement Agreement; and all or part of the Pueblo’s portion of the (1) the National Environmental Policy Act (C) the Operating Agreement. Fund on approval by the Secretary of a trib- of 1969 (42 U.S.C. 4321 et seq.); and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5721

(2) the Endangered Species Act of 1973 (16 Nambe´ for the acquisition of the Nambe´ re- (6) LEASING OR MARKETING OF WATER SUP- U.S.C. 1531 et seq.). served water rights in accordance with sec- PLY.—The water supply provided on behalf of (b) NATIONAL ENVIRONMENTAL POLICY tion 103(a)(1)(A). The amount authorized the Pueblos pursuant to section 103(a)(1) may ACT.—Nothing in this Act affects the out- herein shall be adjusted according to the CPI only be leased or marketed by any of the come of any analysis conducted by the Sec- Urban Index commencing January 1, 2011. Pueblos pursuant to the intergovernmental retary or any other Federal official under The funds provided under this section may agreements described in section 104(c)(2). the National Environmental Policy Act of be used by the Pueblo of Nambe´ only for the (d) AMENDMENTS TO CONTRACTS.—The Sec- 1969 (42 U.S.C. 4321 et seq.). acquisition of land, other real property in- retary shall amend the contracts relating to SEC. 107. AUTHORIZATION OF APPROPRIATIONS. terests, or economic development. the Nambe Falls Dam and Reservoir that are (a) REGIONAL WATER SYSTEM.— (2) OPERATION, MAINTENANCE, AND REPLACE- necessary to use water supplied from the (1) IN GENERAL.—Subject to paragraph (4), MENT COSTS.— Nambe Falls Dam and Reservoir in accord- there is authorized to be appropriated to the (A) IN GENERAL.—Prior to conveyance of ance with the Settlement Agreement. Secretary for the planning, design, and con- the Regional Water System pursuant to sec- SEC. 202. ENVIRONMENTAL COMPLIANCE. struction of the Regional Water System and tion 101, the Secretary shall pay any oper- (a) EFFECT OF EXECUTION OF SETTLEMENT the conduct of environmental compliance ac- ation, maintenance or replacement costs as- AGREEMENT.—The execution of the Settle- tivities under section 106 a total of sociated with the Pueblo Water Facilities or ment Agreement under section 201(b) shall $106,400,000 between fiscal years 2010 and 2022. the Regional Water System up to an amount not constitute a major Federal action under (2) PRIORITY OF FUNDING.—Of the amounts that does not exceed $5,000,000, which is au- the National Environmental Policy Act of authorized under paragraph (1), the Sec- thorized to be appropriated to the Secretary. 1969 (42 U.S.C. 4321 et seq.). retary shall give priority to funding— (B) OBLIGATION OF THE FEDERAL GOVERN- (b) COMPLIANCE WITH ENVIRONMENTAL (A) the construction of the San Ildefonso MENT AFTER COMPLETION.—Except as pro- LAWS.—In carrying out this Act, the Sec- portion of the Regional Water System, con- vided in section 103(a)(4)(B), after construc- retary shall comply with each law of the sisting of— tion of the Regional Water System is com- Federal Government relating to the protec- (i) the surface water diversion, treatment, pleted and the amounts required to be depos- tion of the environment, including— and transmission facilities at San Ildefonso ited in the account have been deposited (1) the National Environmental Policy Act Pueblo; and under this section the Federal Government of 1969 (42 U.S.C. 4321 et seq.); and (ii) the San Ildefonso Pueblo portion of the shall have no obligation to pay for the oper- Pueblo Water Facilities; and (2) the Endangered Species Act of 1973 (16 ation, maintenance, and replacement costs U.S.C. 1531 et seq.). (B) that part of the Regional Water System of the Regional Water System. providing 475 acre-feet to Pojoaque Pueblo SEC. 203. CONDITIONS PRECEDENT AND EN- pursuant to section 2.2 of the Settlement TITLE II—POJOAQUE BASIN INDIAN FORCEMENT DATE. Agreement. WATER RIGHTS SETTLEMENT (a) CONDITIONS PRECEDENT.— (3) ADJUSTMENT.—The amount authorized SEC. 201. SETTLEMENT AGREEMENT AND CON- (1) IN GENERAL.—Upon the fulfillment of under paragraph (1) shall be adjusted annu- TRACT APPROVAL. the conditions precedent described in para- ally to account for increases in construction (a) APPROVAL.—To the extent the Settle- graph (2), the Secretary shall publish in the costs since October 1, 2006, as determined ment Agreement and the Cost-Sharing and Federal Register by September 15, 2017 a using applicable engineering cost indices. System Integration Agreement do not con- statement of finding that the conditions (4) LIMITATIONS.— flict with this Act, the Settlement Agree- have been fulfilled. (A) IN GENERAL.—No amounts shall be ment and the Cost-Sharing and System Inte- (2) REQUIREMENTS.—The conditions prece- made available under paragraph (1) for the gration Agreement (including any amend- dent referred to in paragraph (1) are the con- construction of the Regional Water System ments to the Settlement Agreement and the ditions that— until the date on which the United States Cost-Sharing and System Integration Agree- (A) to the extent that the Settlement District Court for the District of New Mexico ment that are executed to make the Settle- Agreement conflicts with this title, the Set- issues an order approving the Settlement ment Agreement or the Cost-Sharing and tlement Agreement has been revised to con- Agreement. System Integration Agreement consistent form with this title; (B) RECORD OF DECISION.—No amounts with this Act) are authorized, ratified, and (B) the Settlement Agreement, so revised, made available under paragraph (1) shall be confirmed. including waivers and releases pursuant to expended unless the record of decision issued (b) EXECUTION.—To the extent the Settle- section 204, has been executed by the appro- by the Secretary after completion of an envi- ment Agreement and the Cost-Sharing and priate parties and the Secretary; ronmental impact statement provides for a System Integration Agreement do not con- (C) Congress has fully appropriated, or the preferred alternative that is in substantial flict with this Act, the Secretary shall exe- Secretary has provided from other author- compliance with the proposed Regional cute the Settlement Agreement and the ized sources, all funds authorized by section Water System, as defined in the Engineering Cost-Sharing and System Integration Agree- 107, with the exception of subsection (a)(1) of Report. ment (including any amendments that are that section, by December 15, 2016; (b) ACQUISITION OF WATER RIGHTS.—There necessary to make the Settlement Agree- (D) the State has enacted any necessary is authorized to be appropriated to the Sec- ment or the Cost-Sharing and System Inte- legislation and provided any funding that retary funds for the acquisition of the water gration Agreement consistent with this Act). may be required under the Settlement rights under section 103(a)(1)(B)— (c) AUTHORITIES OF THE PUEBLOS.— Agreement; (1) in the amount of $5,400,000.00 if such ac- (1) IN GENERAL.—Each of the Pueblos may (E) a partial final decree that sets forth quisition is completed by December 31, 2010; enter into contracts to lease or exchange the water rights and other rights to water to and water rights or to forbear undertaking new which the Pueblos are entitled under the (2) the amount authorized under paragraph or expanded water uses for water rights rec- Settlement Agreement and this title and (b)(1) shall be adjusted according to the CPI ognized in section 2.1 of the Settlement that substantially conforms to the Settle- Urban Index commencing January 1, 2011. Agreement for use within the Pojoaque ment Agreement has been approved by the (c) AAMODT SETTLEMENT PUEBLOS’ FUND.— Basin in accordance with the other limita- United States District Court for the District (1) IN GENERAL.—There is authorized to be tions of section 2.1.5 of the Settlement of New Mexico; and appropriated to the Fund the following Agreement provided that section 2.1.5 is (F) a final decree that sets forth the water amounts for the period of fiscal years 2010 amended accordingly. rights for all parties to the Aamodt Case and through 2022: (2) EXECUTION.—The Secretary shall not that substantially conforms to the Settle- (A) $15,000,000, which shall be allocated to execute the Settlement Agreement until ment Agreement has been approved by the the Pueblos, in accordance with section 2.7.1 such amendment is accomplished under United States District Court for the District of the Settlement Agreement, for the reha- paragraph (1). of New Mexico by June 15, 2017. bilitation, improvement, operation, mainte- (3) APPROVAL BY SECRETARY.—Consistent (b) EXPIRATION DATE.—If all the conditions nance, and replacement of the agricultural with the Settlement Agreement as amended precedent described in subsection (a)(2) have delivery facilities, waste water systems, and under paragraph (1), the Secretary shall ap- not been fulfilled by September 15, 2017— other water-related infrastructure of the approve or disapprove a lease entered into (1) the Settlement Agreement and this Act plicable Pueblo. The amount authorized under paragraph (1). including waivers described in those docu- herein shall be adjusted according to the CPI (4) PROHIBITION ON PERMANENT ALIEN- ments shall no longer be effective; and Urban Index commencing October 1, 2006. ATION.—No lease or contract under paragraph (2) any funds that have been appropriated (B) $37,500,000, which shall be allocated to (1) shall be for a term exceeding 99 years, nor under this Act but not expended shall imme- an account, to be established not later than shall any such lease or contract provide for diately revert to the general fund of the January 1, 2016, to assist the Pueblos in pay- permanent alienation of any portion of the United States Treasury. ing the Pueblos’ share of the cost of oper- water rights made available to the Pueblos (c) ENFORCEMENT DATE.—The Settlement ating, maintaining, and replacing the Pueblo under the Settlement Agreement. Agreement shall become enforceable as of Water Facilities and the Regional Water (5) APPLICABLE LAW.—Section 2116 of the the date that the United States District System. Revised Statutes (25 U.S.C. 177) shall not Court for the District of New Mexico enters (C) $5,000,000 and any interest thereon, apply to any lease or contract entered into a partial final decree pursuant to subsection which shall be allocated to the Pueblo of under paragraph (1). (a)(2)(E) and an Interim Administrative

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5722 CONGRESSIONAL RECORD — SENATE May 20, 2009 Order consistent with the Settlement Agree- (3) all claims for damages, losses or inju- Stat. 564), and the Act of May 9, 1938 (52 Stat. ment. ries to water rights or claims of interference 291), as authorized by the Pueblo Lands Act (d) EFFECTIVENESS OF WAIVERS.—The waiv- with, diversion or taking of water (including of June 7, 1924 (43 Stat. 636) and the Pueblo ers and releases executed pursuant to section claims for injury to land resulting from such Lands Act of May 31, 1933 (48 Stat. 108) and 204 shall become effective as of the date that damages, losses, injuries, interference with, for breach of Trust relating to funds for the Secretary publishes the notice required diversion, or taking) for land within the water replacement appropriated by said Acts by subsection (a)(1). Pojoaque Basin that accrued at any time up that first accrued before the date of enact- (e) REQUIREMENTS FOR DETERMINATION OF to and including the waiver effectiveness ment of this Act; SUBSTANTIAL COMPLETION OF THE REGIONAL date identified in section 203(d); (4) all claims against the United States, its WATER SYSTEM.— (4) their defenses in the Aamodt Case to agencies, or employees relating to the pend- (1) CRITERIA FOR SUBSTANTIAL COMPLETION the claims previously asserted therein by ing litigation of claims relating to the Pueb- OF REGIONAL WATER SYSTEM.—Subject to the other parties to the Settlement Agreement; los’ water rights in the Aamodt Case; and provisions in section 101(d) concerning the (5) all pending and future inter se chal- (5) all claims against the United States, its extent, size, and capacity of the County Dis- lenges to the quantification and priority of agencies, or employees relating to the nego- tribution System, the Regional Water Sys- water rights of non-Pueblo wells in the tiation, Execution or the adoption of the tem shall be determined to be substantially Pojoaque Basin, except as provided by sec- Settlement Agreement, exhibits thereto, the completed if the infrastructure has been con- tion 2.8 of the Settlement Agreement; Partial Final Decree, the Final Decree, or structed capable of— (6) all pending and future inter se chal- this Act. (A) diverting, treating, transmitting, and lenges against other parties to the Settle- (c) RESERVATION OF RIGHTS AND RETENTION distributing a supply of 2,500 acre-feet of ment Agreement; OF CLAIMS.—Notwithstanding the waivers water to the Pueblos; and (7) all claims for damages, losses, or inju- and releases authorized in this Act, the (B) diverting, treating, and transmitting ries to water rights or claims of interference Pueblos on behalf of themselves and their the quantity of water specified in the Engi- with, diversion or taking of water (including members and the United States acting in its capacity as trustee for the Pueblos retain.— neering Report to the County Distribution claims for injury to land resulting from such (1) all claims for enforcement of the Settle- System. damages, losses, injuries, interference with, ment Agreement, the Cost-Sharing and Sys- (2) CONSULTATION.—On or after June 30, diversion, or taking of water) attributable to tem Integration Agreement, the Final De- 2021, at the request of 1 or more of the Pueb- City of Santa Fe pumping of groundwater cree, including the Partial Final Decree, the los, the Secretary shall consult with the that has effects on the ground and surface San Juan-Chama Project contract between Pueblos and confer with the County and the water supplies of the Pojoaque Basin, pro- the Pueblos and the United States or this State on whether the criteria in paragraph vided that this waiver shall not be effective Act; (1) for substantial completion of the Re- by the Pueblo of Tesuque unless there is a (2) all rights to use and protect water gional Water System have been met or will water resources agreement executed between rights acquired after the date of enactment be met by June 30, 2024. the Pueblo of Tesuque and the City of Santa Fe; of this Act; (3) RIGHT TO VOID FINAL DECREE.—If the (8) all claims for damages, losses, or inju- (3) all rights to use and protect water substantial completion criteria have not rights acquired pursuant to state law to the been met by June 15, 2021, after the consulta- ries to water rights or claims of interference with, diversion or taking of water (including extent not inconsistent with the Partial tion required by paragraph (2), the Pueblos claims for injury to land resulting from such Final Decree, Final Decree, and the Settle- or the United States as trustee for the Pueb- damages, losses, injuries, interference with, ment Agreement; los have until midnight June 30, 2024 to ask diversion, or taking of water) attributable to (4) all claims against persons other than the Decree Court to void the Final Decree County of Santa Fe pumping of groundwater Parties to the Settlement Agreement for pursuant to section 10.3 of the Settlement that has effects on the ground and surface damages, losses or injuries to water rights or Agreement. water supplies of the Pojoaque Basin; and claims of interference with, diversion or tak- (f) VOIDING OF WAIVERS.—If the Court de- (9) all claims for damages, losses, or inju- ing of water (including claims for injury to termines the Final Decree is voided pursuant ries, or for injunctive or other relief, because lands resulting from such damages, losses, to Section 10.3 of the Settlement Agreement, of the condition of, or changes in, the con- injuries, interference with, diversion, or tak- the Settlement Agreement shall no longer be centration of naturally occurring constitu- ing of water) within the Pojoaque Basin aris- effective, the waivers and releases executed ents of ground and surface water in the ing out of activities occurring outside the pursuant to section 204 shall no longer be ef- Pojoaque Basin arising out of the diversion Pojoaque Basin; fective, and any unexpended Federal funds, of water pursuant to water rights recognized (5) all claims relating to activities affect- together with any income earned thereon, by the final decree. ing the quality of water including any claims and title to any property acquired or con- (b) CLAIMS BY THE PUEBLOS AGAINST THE the Pueblos may have under the Comprehen- structed with expended Federal funds, shall UNITED STATES.—The Pueblos, on behalf of sive Environmental Response, Compensa- be returned to the Federal Government un- themselves and their members, are author- tion, and Liability Act of 1980 (42 U.S.C. 9601 less otherwise agreed to by the Pueblos and ized to execute a waiver and release of— et seq.) (including claims for damages to nat- the United States in writing and approved by (1) all claims against the United States, its ural resources), the Safe Drinking Water Act Congress. agencies, or employees, relating to claims (42 U.S.C. 300f et seq.), the Federal Water SEC. 204. WAIVERS AND RELEASES. for water rights in or water of the Pojoaque Pollution Control Act (33 U.S.C. 1251 et seq.), (a) CLAIMS BY THE PUEBLOS AND THE UNITED Basin or for rights to use water in the and the regulations implementing those STATES.—In return for recognition of the Pojoaque Basin that the United States act- laws; Pueblos’ water rights and other benefits, in- ing in its capacity as trustee for the Pueblos (6) all claims against the United States re- cluding waivers and releases by non-Pueblo asserted, or could have asserted, in any pro- lating to damages, losses, or injuries to land parties, as set forth in the Settlement Agree- ceeding, including the Aamodt Case; or natural resources not due to loss of water ment and this Act, the Pueblos, on behalf of (2) all claims against the United States, its or water rights (including hunting, fishing, themselves and their members, and the agencies, or employees relating to damages, gathering or cultural rights); United States acting in its capacity as trust- losses, or injuries to water, water rights, (7) all claims for water rights from water ee for the Pueblos are authorized to execute land, or natural resources due to loss of sources outside the Pojoaque Basin for land a waiver and release of— water or water rights (including damages, outside the Pojoaque Basin owned by a Pueb- (1) all claims for water rights in the losses or injuries to hunting, fishing, gath- lo or held by the United States for the ben- Pojoaque Basin that the Pueblos, or the ering or cultural rights due to loss of water efit of any of the Pueblos; and United States acting in its capacity as trust- or water rights; claims relating to inter- (8) all rights, remedies, privileges, immuni- ee for the Pueblos, asserted, or could have ference with, diversion or taking of water or ties, powers and claims not specifically asserted, in any proceeding, including the water rights; or claims relating to failure to waived and released pursuant to this Act or Aamodt Case, up to and including the waiver protect, acquire, replace, or develop water, the Settlement Agreement. effectiveness date identified in section 203(d), water rights or water infrastructure) within (d) EFFECT OF SECTION.—Nothing in the except to the extent that such rights are rec- the Pojoaque Basin that first accrued at any Settlement Agreement or this Act— ognized in the Settlement Agreement or this time up to and including the waiver effec- (1) affects the ability of the United States Act; tiveness date identified in section 203(d); acting in its sovereign capacity to take ac- (2) all claims for water rights for lands in (3) all claims against the United States, its tions authorized by law, including any laws the Pojoaque Basin and for rights to use agencies, or employees for an accounting of relating to health, safety, or the environ- water in the Pojoaque Basin that the Pueb- funds appropriated by Acts, including the ment, including the Comprehensive Environ- los, or the United States acting in its capac- Act of December 22, 1927 (45 Stat. 2), the Act mental Response, Compensation, and Liabil- ity as trustee for the Pueblos, might be able of March 4, 1929 (45 Stat. 1562), the Act of ity Act of 1980 (42 U.S.C. 9601 et seq.), the to otherwise assert in any proceeding not March 26, 1930 (46 Stat. 90), the Act of Feb- Safe Drinking Water Act (42 U.S.C. 300f et initiated on or before the date of enactment ruary 14, 1931 (46 Stat. 1115), the Act of seq.), the Federal Water Pollution Control of this title, except to the extent that such March 4, 1931 (46 Stat. 1552), the Act of July Act (33 U.S.C. 1251 et seq.), the Solid Waste rights are recognized in the Settlement 1, 1932 (47 Stat. 525), the Act of June 22, 1936 Disposal Act (42 U.S.C. 6901 et seq.), and the Agreement or this Act; (49 Stat. 1757), the Act of August 9, 1937 (50 regulations implementing those laws;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5723 (2) affects the ability of the United States develops between communities and in- judge’s death, the judge must have to take actions acting in its capacity as dividuals, and in a State where the his- been enrolled in JSAS. Otherwise, they trustee for any other Indian tribe or allottee; tory is long and complex, disputes over can no longer participate in FEHB. or water are uniquely complicated. But, (3) confers jurisdiction on any State court Federal judges have only 6 months to— ay. despite the potential for disagree- from the date of their appointment to (A) interpret Federal law regarding health, ment over water tenure, New Mexicans sign up for JSAS and, for a variety of safety, or the environment or determine the are united in a common respect for this reasons, many do not do so. For exam- duties of the United States or other parties resource. From the pueblos and tribes ple, many individuals take substantial pursuant to such Federal law; or of New Mexico, to the historic acequias pay cuts when they leave a law firm to (B) conduct judicial review of Federal and growing communities, water is become a Federal judge, and they are agency action; fundamental to both survival and cul- unable to afford JSAS contributions, (e) TOLLING OF CLAIMS.— tural traditions, and is respected as (1) IN GENERAL.—Each applicable period of which amount to a 2.2 percent of a limitation and time-based equitable defense such. The Aamodt settlement is an ex- judge’s annual salary. Nearly 900 fed- relating to a claim described in this section ample of communities and tribes com- eral judges, representing about 40 per- shall be tolled for the period beginning on ing together to foster compromise cent of the federal judiciary, currently the date of enactment of this Act and ending rather than conflict. The parties in- do not participate in JSAS. However, if on June 30, 2021. volved have worked tirelessly to ensure given the opportunity, the Administra- (2) EFFECT OF SUBPARAGRAPH.—Nothing in that everyone has access to this pre- tive Office of the U.S. Courts estimates this subsection revives any claim or tolls cious and respected resource. between 200 and 300 judges would sign any period of limitation or time-based equi- It has been said that the wars of the table defense that expired before the date of up. enactment of this Act. future will be fought over access to Take, for example, the case of Judge (3) LIMITATION.—Nothing in this section water. In New Mexico, we are setting a Michael Mihm, who is a federal judge precludes the tolling of any period of limita- different precedent—a precedent of re- in the Central District of Illinois, my tions or any time-based equitable defense spect and compromise, one that will home State. Judge Mihm wrote a letter under any other applicable law. help us move into the future with well- and said: SEC. 205. EFFECT. established partnerships and a commit- In 1982, when I came on the bench, the sur- Nothing in this Act or the Settlement ment to conserve and manage this vital vivor’s pension (JSAS) was so bad that al- Agreement affects the land and water rights, resource to the benefit of all. I am hon- most no incoming judge signed up for it. claims, or entitlements to water of any In- ored to join Senator BINGAMAN today in Plus, the percentage of salary involved was dian tribe, pueblo, or community other than introducing this legislation that will very high. So I didn’t sign up for it then. In the Pueblos. bring the Pueblos of Nambe, Pojoaque, the early 90s I was a member of the Judicial Mr. UDALL of New Mexico. Mr. San Ildefonso, and Tesuque and the Branch Committee, and at that time the President, today I join Senator BINGA- surrounding communities one step Committee and the judiciary succeeded in MAN in introducing a bill to complete getting a bill passed that improved the bene- closer to establishing a secure water fits (established a 25% floor) and the percent- the Aamodt water settlement in north- future. ern New Mexico. Introduction of this age of salary paid. There was an open season. bill represents a major milestone in That would have been the time to join. How- By Mr. DURBIN (for himself, Mr. ever, at that time I had four children attend- the resolution of water rights claims GRAHAM, and Mr. HATCH): ing private universities . . . I simply for four tribes along the Rio Grande in S. 1107. A bill to amend title 28, couldn’t afford to bring home a smaller pay- northern New Mexico. Decades of work United States Code, to provide for a check. I have for some time now been very and negotiation have gone into the set- limited 6-month period for Federal interested in ‘buying in’ to the survivor’s tlement, and I am pleased that the judges to opt into the Judicial Sur- pension, that is, pay in everything I would tribes, city, county, and community vivor’ Annuities System and begin con- have paid in if I had joined during the open groups involved were able to come to tributing toward an annuity for their season, plus a penalty amount for waiting until now to join. an agreement that is mutually bene- spouse and dependent children upon ficial to all water users in the Pojoaque their death, and for other purposes; to I also received a letter from U.S. Dis- valley. the Committee on the Judiciary. trict Court Judge Robert Gettleman in The Aamodt settlement resolves the Mr. DURBIN. Mr. President, today I the Northern District of Illinois, who water claims of the Pueblos of Nambe, am introducing a bill, together with said: ‘‘Especially given the cir- Pojoaque, San Ildefonso, and Tesuque, my Republican colleague Senator cumstances of our current economic and addresses the needs of the sur- ORRIN HATCH, that will help the finan- crisis, providing for my family in the rounding communities in Santa Fe cial security of Federal judges and event of a death is of urgent impor- County for water and sanitation sys- their families. It will do so without tance to me. I think I speak for many tems. The settlement is a result of long costing the Federal Government a of those in my circumstance that I am negotiations between the county and penny. happy to make a make-up payment and pueblos, and will result in the develop- Our bill, the Judicial Survivors Pro- contribute a greater share of my in- ment of a mutually beneficial water in- tection Act of 2009, will create an open come to participate in this program.’’ frastructure system. This system will season for active and senior federal The bill that Senator HATCH and I are ensure that the pueblos have access to judges to enroll in the Judicial Sur- introducing would allow Judge Mihm, clean running water into the future, vivors’ Annuities System, JSAS, if Judge Gettleman, and the hundreds of and will allow the surrounding commu- they are not currently enrolled. JSAS other nonparticipating federal judges nities to work with the county and provides an annuity for the surviving around the country to pay a penalty state to connect in to the water sys- spouses and dependent children of a de- and buy into the JSAS program. Such tem. I applaud the efforts and success ceased federal judge. Depending on the judges would be required to pay an en- of these groups in coming to an agree- judge’s length of service, the annuity hanced contribution rate of 2.75 per- ment that both settles disputes and for a surviving spouse can be as high as cent of their salary each year rather benefits each community. 50 percent of the judge’s average an- than the 2.2 percent rate they would New Mexico is a State rich with tra- nual salary, and the annuity for sur- pay if they had enrolled within 6 dition and culture, where water re- viving dependent children can be as months of taking office. sources are scarce and precious. Di- high as 20 percent. As a result, the cost of our bill would verse communities have depended on In addition, our bill would provide an be borne by these new enrollees and the on ground and surface water along important health insurance benefit for not by the Federal Government or by the Rio Grande for centuries. As our the surviving family members of de- previously enrolled judges. The Con- population grows and communities ex- cease Federal judges. For a surviving gressional Budget Office has conducted pand to welcome newcomers, the im- spouse or dependent child to continue an informal review of this bill and de- pact on water resources in New Mexico to receive health insurance coverage termined that the cost of this bill is in- is vivid. With such stress on this vital under the Federal Employees Health significant. Therefore, the bill would but limited commodity, conflict easily Benefit, FEHB, program after the require no Federal funds and have no

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5724 CONGRESSIONAL RECORD — SENATE May 20, 2009 PAYGO implications. The higher ongo- Judicial Survivors’ Annuities System during Congress created the Judicial Sur- ing contribution rates for new enroll- the open enrollment period shall be deemed vivors’ Annuity System in 1956. It ees will offset the value of any poten- thereby to consent and agree to having de- allow Federal judges to devote a por- tial future liabilities that would be in- ducted from his or her salary a sum equal to tion of their salary toward an annuity 2.75 percent of that salary or a sum equal to curred by the JSAS fund, which cur- 3.5 percent of his or her retirement salary, for their spouses and dependent chil- rently has assets of over $500 million. except that the deduction from any retire- dren upon the judges’ death. Enroll- One of the highest priorities of the ment salary— ment in JSAS is also necessary for a federal judiciary in recent years has (1) of a justice or judge of the United judge’s family members to continue re- been the pursuit of a pay raise. Federal States retired from regular active service ceiving health insurance coverage judges have not received a pay raise under section 371(b) or 372(a) of title 28, under the Federal Employees Health from Congress since 1991, other than United States Code; Benefits Program. occasional cost-of living adjustments, (2) of a judge of the United States Court of The catch is that judges must enroll Federal Claims retired under section 178 of and there is a concern that some of title 28, United States Code; or within 6 months of taking judicial of- this Nation’s best and brightest attor- (3) of a judicial official on recall under sec- fice or 6 months of marriage while in neys no longer seek Federal judgeships tion 155(b), 373(c)(4), 375, or 636(h) of title 28, office. Approximately 40 percent of cur- because of the financial sacrifice they United States Code, rent Federal judges did not do so, some and their families would have to make. shall be an amount equal to 2.75 percent of for financial reasons. Many judges who The bill that Senator HATCH and I are retirement salary. had been in private practice, for exam- introducing today would not raise the (b) CONTRIBUTIONS TO BE CREDITED TO JUDI- ple, took a substantial pay cut to enter judicial pay of our federal judges, but CIAL SURVIVORS’ ANNUITIES FUND.—Contribu- public service. The enrollment period it would at least provide a modest ben- tions made under subsection (a) shall be for JSAS was the very time when they efit that might make judicial service credited to the Judicial Survivors’ Annuities and their families were making that fi- Fund. more tenable and more attractive. I nancial adjustment, when maximizing SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERV- hope Congress will take up and pass ICE. current income was the priority. This the Judicial Survivors Protection Act (a) LUMP SUM DEPOSIT.—Any judicial offi- is just one of the scenarios which have of 2009 as soon as possible. cial who files a written notification of his or led judges to decline enrollment in Mr. President, I ask unanimous con- her intention to participate in the Judicial JSAS, and it will become more likely, sent that the text of the bill be printed Survivors’ Annuities System during the open more pronounced, as Congress refuses in the RECORD. enrollment period may make a deposit to give Federal judges a much needed There being no objection, the text of equaling 2.75 percent of salary, plus 3 percent pay raise. the bill was ordered to be printed in annual, compounded interest, for the last 18 months of prior service, to receive the credit Congress may authorize an open-sea- the RECORD, as follows: for prior judicial service required for imme- son period for sitting judges to enroll S. 1107 diate coverage and protection of the offi- but has not done so since 1992, the year Be it enacted by the Senate and House of Rep- cial’s survivors. Any such deposit shall be after Congress last gave Federal judges resentatives of the United States of America in made on or before the closure of the open en- a real salary increase. The legislation Congress assembled, rollment period. we introduce today would provide for SECTION 1. SHORT TITLE. (b) DEPOSITS TO BE CREDITED TO JUDICIAL such a one-time, 6 month period for sit- This Act may be cited as the ‘‘Judicial SURVIVORS’ ANNUITIES FUND.—Deposits made ting Federal judges to enroll in JSAS. Survivors Protection Act of 2009’’. under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. Doing so would not cost the taxpayers SEC. 2. DEFINITIONS. anything because these judges would In this Act: SEC. 6. VOLUNTARY CONTRIBUTIONS TO EN- (1) The term ‘‘judicial official’’ refers to in- LARGE SURVIVORS’ ANNUITY. commit a higher percentage of their cumbent officials defined under section Section 376 of title 28, United States Code, salary than those who enroll during 376(a) of title 28, United States Code. is amended by adding at the end the fol- the ordinary period. (2) The term ‘‘Judicial Survivors’ Annu- lowing: Congress’ refusal to provide appro- ities Fund’’ means the fund established ‘‘(y) For each year of Federal judicial serv- priate judicial compensation limits under section 3 of the Judicial Survivors’ ice completed, judicial officials who are en- judges’ ability to provide for their fam- Annuities Reform Act (28 U.S.C. 376 note; rolled in the Judicial Survivors’ Annuities ilies financial future. Providing this Public Law 94–554; 90 Stat. 2611). System on the date of enactment of the Ju- dicial Survivors Protection Act of 2009 may one-time opportunity for judges to en- (3) The term ‘‘Judicial Survivors’ Annu- roll in JSAS, therefore, is almost the ities System’’ means the program estab- purchase, in 3-month increments, up to an lished under section 376 of title 28, United additional year of service credit, under the least we can do. It will also allow more States Code. terms set forth in this section. In the case of judges to ensure that their family SEC. 3. PERSONS NOT CURRENTLY PARTICI- judicial officials who elect to enroll in the members will continue receiving PATING IN THE JUDICIAL SUR- Judicial Survivors’ Annuities System during health insurance coverage. And since it VIVORS’ ANNUITIES SYSTEM. the statutory open enrollment period au- will not cost the taxpayers anything, I (a) ELECTION OF JUDICIAL SURVIVORS’ ANNU- thorized under the Judicial Survivors Pro- think it is a win-win which I trust will tection Act of 2009, for each year of Federal ITIES SYSTEM COVERAGE.—An eligible judicial receive wide bipartisan support. official may elect to participate in the Judi- judicial service completed, such an official cial Survivors’ Annuities System during the may purchase, in 3-month increments, up to By Mr. REID (for Mr. ROCKE- open enrollment period specified in sub- an additional year of service credit for each section (d). year of Federal judicial service completed, FELLER): (b) MANNER OF MAKING ELECTIONS.—An under the terms set forth in section 4(a) of S. 1110. A bill to amend title XVIII of election under this section shall be made in that Act.’’. the Social Security Act to create a sen- writing, signed by the person making the SEC. 7. EFFECTIVE DATE. sible infrastructure for delivery system election, and received by the Director of the This Act, including the amendment made reform by renaming the Medicare Pay- Administrative Office of the United States by section 6, shall take effect on the date of ment Advisory Commission, making Courts before the end of the open enrollment enactment of this Act. the Commission an executive branch period. Mr. HATCH. Mr. President, I am agency, and providing the Commission (c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first pleased to join my colleague from Illi- new resources and authority to imple- day of the first calendar month following the nois and fellow Judiciary Committee ment Medicare payment policy; to the month in which the election is received by member, Senator DURBIN, in intro- Committee on Finance. the Director. ducing the Judicial Survivors’ Protec- Mr. ROCKEFELLER. Mr. President, I (d) OPEN ENROLLMENT PERIOD DEFINED.— tion Act of 2009. This legislation will rise today to introduce the Medicare The open enrollment period under this sec- provide more Federal judges with an Payment Advisory Commission tion is the 6-month period beginning 30 days opportunity financially to provide for MedPAC Reform Act, legislation to after the date of enactment of this Act. their own families after their death. elevate MedPAC to an executive SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION. Under this legislation, the cost of this branch entity and give it the resources (a) CONTRIBUTION RATE.—Every active judi- opportunity will be borne by the judges and authority to implement Medicare cial official who files a written notification themselves, not by the taxpayers, and I payment policies. It is a fact that the of his or her intention to participate in the hope all my colleagues will support it. quality of U.S. health care is mediocre

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5725 and its costs are unsustainable. None- In addition to extending the terms (3) in subsection (c)— theless, a modern health care delivery and requirements of the Commissioners (A) in paragraph (1)— system is within our reach and some- to be full-time employees of the Com- (i) by striking ‘‘APPOINTMENT.—The Com- thing that we can start to achieve this mission, this legislation also estab- mission’’ and inserting ‘‘APPOINTMENT.— year. Payment reforms, particularly in lishes three new advisory councils to ‘‘(A) IN GENERAL.—The Commission’’; Medicare, are the cornerstone for driv- (ii) in subparagraph (A), as inserted by assist them in their decision-making— clause (i)— ing quality improvement and improv- a Council of Health and Economic Ad- (I) by striking ‘‘17’’ and inserting ‘‘11’’; ing the efficiency of our health care visors, a Consumer Advisory Council, (II) by inserting ‘‘the Secretary and the system. However, Congress must adopt and a Federal Health Advisory Council Administrator of the Centers for Medicare & a mechanism to implement and main- with representatives from the health Medicaid Services, who shall each serve as tain Medicare reimbursement policies care industry. non-voting members of the Commission, that are based on the best evidence and Lastly, MedPAC’s authority to ana- and’’ after ‘‘composed of’’; and driven by the right incentives. This is lyze health services research is also en- (III) by striking ‘‘Comptroller General’’ simply not the case today. hanced in this legislation by providing and inserting ‘‘President, by and with the Currently, Congress has the sole au- them with additional resources and advice and consent of the Senate’’; and (iii) by adding at the end the following new thority to change the cost curve for staff to bolster their current analytical Medicare. Unfortunately, this process subparagraphs: role. Given the limitations of the cur- ‘‘(B) LIMITATION ON NUMBER OF TERMS is riddled with political influence and rent Medicare demonstration process, is slowed by an inadequate structure to SERVED.—An individual may not be ap- this legislation provides new authority research, analyze, test, and implement pointed as a member of the Commission for and resources to MedPAC to design and more than 2 consecutive terms. successful delivery system reforms. evaluate new payment models through ‘‘(C) MEMBERS CURRENTLY APPOINTED.— Given the role of Medicare in deter- Medicare demonstrations. ‘‘(i) IN GENERAL.—Any individual serving as mining market norms among all health a member of the Commission as of the date care payers, both public and private, I strongly feel that establishing MedPAC as an independent executive of enactment of the Medicare Payment Advi- the federal government has an oppor- sory Commission (MedPAC) Reform Act of tunity to realign our nation’s health branch agency—which can only happen 2009 may continue to serve as a member care system to drive quality improve- through an act of Congress—is the type until the earlier of— ment and greater efficiency. of bold step forward that can truly ‘‘(I) the remainder of the term for which The federal government already has a transform our delivery system. Con- the member was appointed; or well-respected, independent entity— gress has proven itself to be inefficient ‘‘(II) April 30, 2010. the Medicare Payment Advisory Com- and inconsistent in making decisions ‘‘(ii) CLARIFICATION REGARDING VACAN- mission, MedPAC—that currently ad- about provider reimbursement under CIES.—Any vacancy in the Commission on or after such date of enactment shall be filled vises Congress on Medicare payment Medicare. If we want serious improvements in our health care delivery sys- as provided in accordance with subparagraph policies. MedPAC, established by the (A).’’; and Balanced Budget Act of 1997 (P.L. 105– tem, then Congress should leave the re- (B) in paragraph (2), by striking subpara- 33), employs a number of mechanisms imbursement rules to the independent graph (D) and inserting the following new to inform Congress on issues affecting health care experts. I urge my col- subparagraph: the Medicare program. Specifically, leagues to join me in support of a pol- ‘‘(D) ADDITIONAL QUALIFICATIONS.—In addi- MedPAC analyzes provider reimburse- icy that truly improves Medicare today tion to the qualifications described in the ment, beneficiary access to care, and and in the future. succeeding provisions of this paragraph, the quality of care; delivers this informa- Mr. President, I ask unanimous con- President shall consider the political balance tion to Congress through regular resent that the text of the bill be printed of the membership of the Commission and the needs of individuals entitled to (or en- in the RECORD. ports and recommendations; engages in rolled for) benefits under part A or enrolled public meetings to discuss policy issues There being no objection, the text of under part B who are entitled to medical as- and formulate its recommendations to the bill was ordered to be printed in sistance under a State plan under title the Congress; and seeks input on Medi- the RECORD, as follows: XIX.’’. care issues in non-public forums S. 1110 (C) in paragraph (3)— through frequent meetings with a wide Be it enacted by the Senate and House of Rep- (i) by amending subparagraph (A) to read variety of parties. resentatives of the United States of America in as follows: Despite MedPAC’s reputation for pro- Congress assembled, ‘‘(A) IN GENERAL.—The terms of members viding thoughtful, evidence-based rec- SECTION 1. SHORT TITLE. of the Commission shall be for 6 years except ommendations to improve Medicare’s This Act may be cited as the ‘‘Medicare that, of the members first appointed— payment policies, MedPAC has no Payment Advisory Commission (MedPAC) ‘‘(i) four shall be appointed for terms of 5 Reform Act of 2009’’. years; power to implement its recommenda- ‘‘(ii) four shall be appointed for terms of 3 SEC. 2. RENAMING AND REFORMING THE MEDI- tions. That power rests solely with years; and Congress. Unfortunately, Members of CARE PAYMENT ADVISORY COMMIS- SION. ‘‘(iii) three shall be appointed for terms of Congress face unyielding pressure from (a) AMENDMENT TO TITLE.— 1 year.’’; and the health care industry to pick and (1) IN GENERAL.—Section 1805 of the Social (ii) in subparagraph (B), in the third sen- choose which MedPAC recommenda- Security Act (42 U.S.C. 1395b–6) is amended— tence, by striking ‘‘A vacancy’’ and inserting tions they consider, despite the evi- (A) in the heading, by striking ‘‘medicare ‘‘Except as provided in paragraph (1)(C), a dence. This routinely leads to the pas- payment advisory commission’’ and insert- vacancy’’; sage of laws that put the special inter- ing ‘‘medicare payment and access commis- (D) by amending paragraph (4) to read as ests of industry over the needs of pa- sion’’; and follows: ‘‘(4) COMPENSATION.—Membership in the tients. (B) in subsection (a), by striking ‘‘Medi- care Payment Advisory Commission’’ and in- Commission shall be a full-time position. A MedPAC has proven, through its ob- member of the Commission shall be entitled jectivity and its open and deliberative serting ‘‘Medicare Payment and Access Com- mission (or ‘MedPAC’)’’. to compensation at the rate payable for level process, that they have the appropriate (2) REFERENCES.—Any reference to the IV of the Executive Schedule under section expertise to change the cost curve for Medicare Payment Advisory Commission 5316 of title 5, United States Code.’’. Medicare and strengthen it for the fu- shall be deemed a reference to the Medicare (E) by amending paragraph (5) to read as ture. The Medicare Payment Advisory Payment and Access Commission. follows: Commission Reform Act of 2009 helps (b) ESTABLISHMENT AS EXECUTIVE AGEN- ‘‘(5) CHAIRMAN; VICE CHAIRMAN.—The Presi- to achieve this goal. Specifically, this CY.—Section 1805 of the Social Security Act dent shall designate a member of the Com- legislation would restructure MedPAC (42 U.S.C. 1395b–6) is amended— mission, at the time of appointment of the as an independent executive branch en- (1) in the heading, by striking ‘‘ADVISORY’’; member by and with the advice and consent (2) in subsection (a)— of the Senate, as Chairman and a member of tity, like the Federal Reserve Board. (A) by striking ‘‘Advisory’’; and the Commission, at the time of appointment This would provide MedPAC the appro- (B) by striking ‘‘agency of Congress’’ and of the member by and with the advice and priate authority to implement its rec- inserting ‘‘independent establishment (as de- consent of the Senate, as Vice Chairman, ex- ommendations for Medicare provider fined in section 104 of title 5, United States cept that in the case where the Chairman or reimbursement policies. Code)’’; the Vice Chairman is not able to be present

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5726 CONGRESSIONAL RECORD — SENATE May 20, 2009 (including in the case of vacancy), a major- the Commission shall submit to Congress a ner, and to the same extent as in the case of ity of the Commission may designate an- report on any payment rates determined any other rule of that House.’’. other member for the period of such ab- under subparagraph (A) during the preceding (e) RESEARCH, INFORMATION ACCESS, AND sence.’’; year, including the performance of the Sec- DEMONSTRATION PROJECTS.—Section 1805(e) (4) in subsection (d), in the matter pre- retary in implementing such payment rates of the Social Security Act (42 U.S.C. 1395b– ceding paragraph (1), by striking ‘‘Subject to by promulgating regulations under subpara- 6(e)) is amended by adding at the end the fol- such review as the Comptroller General graph (B). lowing new paragraphs: deems necessary to assure the efficient ad- ‘‘(10) ROUTINE EVALUATION OF PAYMENT ‘‘(5) AUTHORITY TO INFORM RESEARCH PRIOR- ministration of the Commission, the Com- RATES.—The Commission shall review the ITIES FOR DATA COLLECTION.—The Commis- mission’’ and inserting ‘‘The Commission’’; payment rate for each item and service fur- sion may advise the Secretary (through the (5) by amending subsection (f) to read as nished under this title not less frequently Director of the Agency for Healthcare Re- follows: than every 5 years in order to determine search and Quality and the Director of the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— whether the Commission should make a de- National Institutes of Health) on priorities There are authorized to be appropriated such termination under paragraph (9) to update for health services research, particularly as sums as may be necessary to carry out the such payment rate.’’. such priorities pertain to necessary changes provisions of this section. Sixty percent of (2) GAO STUDY AND ANNUAL REPORT ON DE- and issues regarding payment reforms under such appropriations shall be payable from TERMINATION AND IMPLEMENTATION OF PAY- this title. the Federal Hospital Insurance Trust Fund, MENT RATES.— ‘‘(6) EXPANDED AUTHORITY TO ACCESS FED- ERAL DATA AND REPORTS and 40 percent of such appropriation shall be (A) STUDY.—The Comptroller General of .—In addition to data payable from the Federal Supplementary the United States shall conduct a study on obtained under paragraph (1), the Commis- Medical Insurance Trust Fund.’’; and changes to payment policies under the Medi- sion shall have priority access to all raw (6) by adding at the end the following new care program under title XVIII of the Social data and research conducted or funded by subsection: Security Act as a result of the amendments the Federal government, including data and ‘‘(g) REFERENCES.—Any reference to the made by this subsection, including an anal- research produced by the Centers for Medi- Medicare Payment Advisory Commission or ysis of— care & Medicaid Services, the National Insti- MedPAC shall be deemed a reference to the tutes of Health, and the Agency for (i) any determinations made by the Medi- Medicare Payment and Access Commis- Healthcare Research and Quality. care Payment and Access Commission under sion.’’. ‘‘(7) ELECTRONIC ACCESS.—The National Di- subparagraph (A) of section 1805(b)(9) of such (c) AUTHORITY TO DETERMINE PAYMENT rector for Health Information Technology, in Act, as added by paragraph (1), during the RATES AND ROUTINE EVALUATION OF PAYMENT coordination with the Secretary, the Admin- preceding year; RATES UNDER THE MEDICARE PROGRAM.— istrator of the Centers for Medicare & Med- (ii) any regulations promulgated by the (1) IN GENERAL.—Section 1805(b) of the So- icaid Services, and the Commission, shall es- Secretary of Health and Human Services cial Security Act (42 U.S.C. 1395b–6(b)) is tablish a direct electronic link for raw data, under subparagraph (B) of such section dur- amended— including claims data under this title, to be ing the preceding year; (A) in paragraph (1)(B), by inserting ‘‘and accessed by the Commission for the purposes determine payment rates for items and serv- (iii) the process for— of evaluating and determining recommenda- ices furnished under this title in accordance (I) making such determinations (including tions under this title, in accordance with ap- with paragraph (9)’’ before the semicolon at the evidence to support any such determina- plicable privacy laws and data use agree- the end; and tion); ments. (II) promulgating such regulations (includ- (B) by adding at the end the following new ‘‘(8) ACCESS TO BIANNUAL REPORTS.—Not paragraphs: ing the capacity of the Secretary of Health less frequently than on a biannual basis, the ‘‘(9) AUTHORITY TO DETERMINE PAYMENT and Human Services to promulgate such reg- National Institutes of Health and the Agency RATES UNDER THIS TITLE.— ulations); and for Healthcare Research and Quality shall ‘‘(A) DETERMINATION OF PAYMENT RATES.— (iv) the ability of the Centers for Medicare submit to the Commission a report con- ‘‘(i) IN GENERAL.—Notwithstanding any & Medicaid Services to fulfill its responsibil- taining information on any research con- other provision of law, the Commission shall ities in carrying out such regulations. ducted by the National Institutes of Health determine payment rates for items and serv- (B) REPORT.—Not later than December 31 and the Agency for Healthcare Research and ices furnished under this title. In deter- of each year (beginning with 2012), the Comp- Quality, respectively, which has relevance mining such payment rates, the Commission troller General shall submit to Congress a for the determinations and recommendations shall do so in a manner that is consistent report containing the results of the study being considered by the Commission. Such with the provisions of sections 1801 and 1802. conducted under subparagraph (A), together information shall be provided to the Com- ‘‘(ii) TIMELINE FOR DETERMINATIONS WITH with recommendations for such legislation mission in electronic form. and administrative action as the Secretary RESPECT TO PAYMENT POLICIES FOR PHYSICIANS ‘‘(9) REVISIONS TO PROCESS FOR CONDUCT OF determines appropriate. AND HOSPITALS.—The Commission shall make DEMONSTRATION PROJECTS RELATING TO PAY- a determination under this subparagraph (d) CONGRESSIONAL ACTION.—Section 1805 of MENTS UNDER THIS TITLE.—Effective begin- with respect to payment policies— the Social Security Act (42 U.S.C. 1395b–6), as ning January 1, 2011, the Commission shall ‘‘(I) for physicians (as defined in section amended by subsection (b), is amended— have sole authority to design and evaluate 1861(r)(1)), not later than December 1 of each (1) by redesignating subsections (f) and (g), demonstration projects relating to payments year (beginning with 2012); and respectively, as subsections (g) and (h); and under this title which are authorized by sec- ‘‘(II) for hospitals, not later than March 1 (2) by inserting after subsection (e) the fol- tion 402 of the Social Security Amendments of each year (beginning with 2013). lowing new subsection: of 1967 or under a waiver under section 1115. ‘‘(B) IMPLEMENTATION OF PAYMENT RATES.— ‘‘(f) CONGRESSIONAL ACTION.— The Secretary shall maintain all responsi- ‘‘(i) AUTHORITY OF SECRETARY.—Notwith- ‘‘(1) IN GENERAL.—Notwithstanding any bility for implementing such demonstration standing any other provision of law, the Sec- other provision of law, it shall only be in projects, including for implementing the retary shall promulgate regulations to im- order in the Senate or the House of Rep- process through which providers are reim- plement any payment rates determined by resentatives to consider any measure that bursed for items and services furnished under the Commission under subparagraph (A). would overrule a determination of the Com- the demonstration projects. Nothing in this ‘‘(ii) PAYMENT RATES AND REGULATIONS CUR- mission with respect to payments for items paragraph shall affect the authority of the RENTLY IN EFFECT.—Any payment rate for and services furnished under this title if 3⁄5 of Secretary with respect to demonstration items and services furnished under this title the Members, duly chosen and sworn, of the projects under this title not relating to such as of the date of enactment of the Medicare Senate or the House of Representatives agree payments.’’. Payment Advisory Commission (MedPAC) to such consideration. (f) ADDITIONAL RESOURCES TO CARRY OUT Reform Act of 2009 or regulation promul- ‘‘(2) RULES OF THE SENATE AND HOUSE OF DUTIES.— gated by the Secretary relating to such pay- REPRESENTATIVES.—This subsection is en- (1) IN GENERAL.—Section 1805(d) of the So- ments prior to such date of enactment shall acted by Congress— cial Security Act (42 U.S.C. 1395b–6(d)) is remain in effect until the Secretary promul- ‘‘(A) as an exercise of the rulemaking amended— gates regulations under clause (ii) to imple- power of the Senate and House of Represent- (A) in paragraph (1), by inserting ‘‘(includ- ment a payment rate determined by the atives, respectively, and is deemed to be part ing an attorney)’’ after ‘‘such other per- Commission with respect to the item or serv- of the rules of each House, respectively, but sonnel’’; and ice. applicable only with respect to the procedure (B) in paragraph (5), by striking ‘‘and’’ at ‘‘(C) LIMITATION ON JUDICIAL REVIEW.—Any to be followed in that House in the case of a the end; determination of the Commission relating to measure described in paragraph (1), and it (C) in paragraph (6), by striking the period payment rates for items and services fur- supersedes other rules only to the extent at the end and inserting ‘‘; and’’; and nished under this title shall be a final agency that it is inconsistent with such rules; and (D) by adding at the end the following new action of the Commission and shall not be ‘‘(B) with full recognition of the constitu- paragraph: subject to judicial review. tional right of either House to change the ‘‘(7) establish a public affairs office.’’. ‘‘(D) ANNUAL REPORT.—Not later than rules (so far as they relate to the procedure (2) OFFICE OF THE OMBUDSMAN.—Section March 15 of each year (beginning with 2012), of that House) at any time, in the same man- 1805(e) of the Social Security Act (42 U.S.C.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5727 1395b–6(e)), as amended by subsection (e), is acknowledged experts in health care and eco- Workload project; to the Committee on amended by adding at the end the following nomics selected by the Commission. Finance. new paragraph: ‘‘(II) INITIAL INCLUSION OF FORMER MEMBERS Mr. ROCKEFELLER. Mr. President, I ‘‘(10) OFFICE OF THE OMBUDSMAN.— OF MEDICARE PAYMENT ADVISORY COMMIS- rise today to introduce the Special Dis- ‘‘(A) IN GENERAL.—The Commission shall SION.—The members initially selected for the ability Workload Liability Resolution establish an office of the ombudsman to han- council of health and economic advisers dle complaints regarding the implementa- under subclause (I) shall include those indi- Act, legislation that will resolve Medi- tion of regulations under subsection viduals who were members of the Medicare care’s longstanding liability to state (a)(9)(B). Payment Advisory Commission as of the day Medicaid programs for individuals who ‘‘(B) DUTIES.—The office of the ombudsman before the date of enactment of the Medicare were covered by Medicaid when they shall— Payment Advisory Commission (MedPAC) should have been covered by Medicare. ‘‘(i) act as a liaison between the Commis- Reform Act of 2009. For the past several decades, hun- sion and any entity or individual affected by ‘‘(B) CONSUMER ADVISORY COUNCIL.— dreds of thousands of disabled people the implementation of such a regulation; and ‘‘(i) IN GENERAL.—There is established a have had their health care paid for by ‘‘(ii) ensure that the Commission has es- consumer advisory council to advise the Commission on the impact of payment poli- Medicaid; however, their health care tablished safeguards— was actually the responsibility of ‘‘(I) to encourage such entities and individ- cies under this title on consumers. uals to submit complaints to the office of the ‘‘(ii) MEMBERSHIP.— Medicare. Therefore, states have been ombudsman; and ‘‘(I) NUMBER AND APPOINTMENT.—The con- left financially responsible for individ- ‘‘(II) to protect the confidentiality of any sumer advisory council shall be composed of uals whose care should have been paid entity or individual who submits such a com- 10 consumer representatives appointed by for entirely by the Federal Govern- plaint.’’. the Comptroller General of the United ment. Both the Centers for Medicare (g) USE OF FUNDING.—Section 1805(g) of the States, 1 from among each of the 10 regions and Medicaid Services, CMS, and the Social Security Act (42 U.S.C. 1395b–6(g)), as established by the Secretary as of the date of enactment of the Medicare Payment Advi- Social Security Administration, SSA, amended by subsection (b) and redesignated acknowledge Medicare’s responsibility by subsection (d), is amended by adding at sory Commission (MedPAC) Reform Act of the end the following new sentence: ‘‘Out of 2009. for these beneficiaries. The Social Se- amounts appropriated under the preceding ‘‘(II) QUALIFICATIONS.—The membership of curity Administration is in the process sentence, the Commission may use not more the council shall represent the interests of of correcting the cash insurance pay- than $500,000,000 each fiscal year to test new consumers and particular communities. ments that were due to disabled indi- methods of reimbursement under this title.’’. ‘‘(iii) DUTIES.—The consumer advisory viduals. However, CMS has not acted to (h) MACPAC TECHNICAL AMENDMENTS.— council shall, subject to the call of the Com- establish a means of satisfying Medi- Section 1900(b) of the Social Security Act (42 mission, meet not less frequently than 2 times each year in the District of Columbia. care’s liability. U.S.C. 1396) is amended— This is unacceptable. Nearly every (1) in paragraph (1)(D), by striking ‘‘June ‘‘(iv) OPEN MEETINGS.—Meetings of the con- 1’’ and inserting ‘‘June 15’’; and sumer advisory council shall be open to the state is struggling to balance its budg- (2) by adding at the end the following: public. et in the midst of this terrible eco- ‘‘(10) CONSULTATION WITH MEDPAC.— ‘‘(v) ELECTION OF OFFICERS.—Members of nomic crisis, and it is estimated that MACPAC shall regularly consult with the the consumer advisory council shall elect the Medicare program owes the states Medicare Payment and Access Commission their own officers. an estimated $4 billion. This figure (in this paragraph referred to as ‘MedPAC’) ‘‘(C) FEDERAL HEALTH ADVISORY COUNCIL.— continues to grow as the SSA corrects established under section 1805 in carrying ‘‘(i) IN GENERAL.—There is established a additional cases. When it is determined Federal health advisory council to consult out its duties under this section.’’. that a state owes the Federal Govern- (i) LOBBYING COOLING-OFF PERIOD FOR with and provide advice to the Commission MEMBERS OF THE MEDICARE PAYMENT ADVI- on all matters within the jurisdiction of the ment money for Medicaid expenses, SORY COMMISSION.—Section 207(c) of title 18, Commission. states have only 60 days to pay this United States Code, is amended by inserting ‘‘(ii) MEMBERSHIP.—The Federal health ad- debt. Yet, now that the situation is re- at the end the following: visory council shall be composed of 10 rep- versed, the Federal Government has ‘‘(3) MEMBERS OF THE MEDICARE PAYMENT resentatives from the health care industry not even established a timeline with ADVISORY COMMISSION.— appointed by the Comptroller General of the which to pay its debt to the States. ‘‘(A) IN GENERAL.—Paragraph (1) shall United States, 1 from among each of the 10 The legislation I am introducing regions established by the Secretary as of apply to a member of the Medicare Payment today, the Special Disability Workload Advisory Commission who was appointed to the date of enactment of the Medicare Pay- such Commission as of the day before the ment Advisory Commission (MedPAC) Re- Liability Resolution Act, would pro- date of enactment of the Medicare Payment form Act of 2009. vide $4 billion in Federal funding to Advisory Commission (MedPAC) Reform Act ‘‘(iii) TERMS.— settle this debt to the States. It re- of 2009. ‘‘(I) IN GENERAL.—The terms of members of quires the Social Security Administra- ‘‘(B) AGENCIES AND CONGRESS.—For pur- the Federal health advisory council shall be tion and CMS to develop an accurate poses of paragraph (1), the agency in which for 1 year. payment methodology to reimburse the individual described in subparagraph (A) ‘‘(II) LIMITATION ON NUMBER OF TERMS states within 6 months of the bill’s en- SERVED.—An individual may not be ap- served shall be considered to be the Medicare actment. Resolving this Federal debt Payment and Access Commission established pointed as a member of the Federal health under section 1805 of the Social Security Act, advisory council for more than 3 terms. would inject critical funds into State the Department of Health and Human Serv- ‘‘(iv) DUTIES.—The Federal health advisory and local economies and help maintain ices, and the relevant committees of juris- council shall, subject to the call of the Com- state jobs. diction of Congress.’’. mission, meet not less frequently than 2 This bill is based on language suc- SEC. 3. ESTABLISHMENT OF COUNCIL OF times each year in the District of Columbia. cessfully included in the Senate-passed HEALTH AND ECONOMIC ADVISERS, ‘‘(v) OPEN MEETINGS.—Meetings of the Fed- American Recovery and Reinvestment CONSUMER ADVISORY COUNCIL, eral health advisory council shall be open to Act, but it was dropped in conference. AND FEDERAL HEALTH ADVISORY the public. COUNCIL. It is my hope that my colleagues will ‘‘(vi) ELECTION OF OFFICERS.—Members of Section 1805(b) of the Social Security Act the Federal health advisory council shall once again support this important leg- (42 U.S.C. 1395b–6(b)), as amended by section elect their own officers. islation. 2(c), is amended by adding at the end the fol- ‘‘(D) LIMITATION ON FUNDING.—Out of Mr. President, I ask unanimous con- lowing new paragraph: amounts appropriated under subsection (g), sent that the text of the bill be printed ‘‘(11) COUNCIL OF HEALTH AND ECONOMIC AD- the Commission may use not more than in the RECORD. VISERS, CONSUMER ADVISORY COUNCIL, AND $300,000 each fiscal year to carry out this There being no objection, the text of FEDERAL HEALTH ADVISORY COUNCIL.— paragraph.’’. the bill was ordered to be printed in ‘‘(A) COUNCIL OF HEALTH AND ECONOMIC AD- the RECORD, as follows: VISERS.— By Mr. REID (for Mr. ROCKE- ‘‘(i) IN GENERAL.—The Commission shall es- S. 1111 FELLER): Be it enacted by the Senate and House of Rep- tablish a council of health and economic ad- S. 1111. A bill to require the Sec- visers to advise the Commission on its devel- resentatives of the United States of America in opment, analyses, and implementation of retary of Health and Human Services Congress assembled, payment policies under this title. to enter into agreements with States SECTION 1. SHORT TITLE. ‘‘(ii) MEMBERSHIP.— to resolve outstanding claims for reim- This Act may be cited as the ‘‘Special Dis- ‘‘(I) IN GENERAL.—The council of health bursement under the Medicare program ability Workload Liability Resolution Act of and economic advisers shall be composed of relating to the Special Disability 2009’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5728 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 2. PAYMENT OF MEDICARE LIABILITY TO gible to receive a payment under this section City, AR, in 2007 that resulted in four STATES AS A RESULT OF THE SPE- while such an action is pending or if such an fatalities. The driver was reportedly CIAL DISABILITY WORKLOAD action is resolved in favor of the State. PROJECT. under the influence of amphetamines, (d) DEFINITIONS.—In this section: (a) IN GENERAL.—The Secretary, in con- one of the substances tested for under (1) COMMISSIONER.—The term ‘‘Commis- sultation with the Commissioner, shall work sioner’’ means the Commissioner of Social Federal Motor Carrier Safety Adminis- with each State to reach an agreement, not Security. tration, FMCSA, testing regulations. later than 6 months after the date of enact- (2) MEDICAID PROGRAM.—The term ‘‘Med- The driver of this commercial vehicle ment of this Act, on the amount of a pay- icaid program’’ means the program of med- has been sentenced to jail and four ment for the State related to the Medicare ical assistance established under title XIX of program liability as a result of the Special lives were lost as a result of the acci- the Social Security Act (42 U.S.C. 1396a et Disability Workload project, subject to the dent. seq.) and includes medical assistance pro- requirements of subsection (c). vided under any waiver of that program ap- Some other similar accidents involv- (b) PAYMENTS.— proved under section 1115 or 1915 of such Act ing truck drivers that have occurred in (1) DEADLINE FOR MAKING PAYMENTS.—Not (42 U.S.C. 1315, 1396n) or otherwise. later than 30 days after reaching an agree- recent years include: in October 2008, (3) MEDICARE PROGRAM.—The term ‘‘Medi- ment with a State under subsection (a), the Kane County, IL, a truck driver rear- care program’’ means the program estab- Secretary shall pay the State, from the ended a passenger vehicle killing a lished under title XVIII of the Social Secu- amounts appropriated under paragraph (2), woman. The truck driver was indicted rity Act (42 U.S.C. 1395 et seq.). the payment agreed to for the State. for reckless homicide and driving (4) SECRETARY.—The term ‘‘Secretary’’ (2) APPROPRIATION.—Out of any money in means the Secretary of Health and Human under the influence of narcotics. the Treasury not otherwise appropriated, Services. there is appropriated $4,000,000,000 for fiscal In January 2008, in Franklin County, (5) SDW CASE.—The term ‘‘SDW case’’ year 2010 for making payments to States AL, a truck driver was arrested for means a case in the Special Disability Work- under paragraph (1). being under the influence of drugs or load project involving an individual deter- (3) LIMITATIONS.—In no case may the ag- alcohol after crossing the center line mined by the Commissioner to have been eli- gregate amount of payments made by the gible for benefits under title II of the Social and killing a woman in a head-on acci- Secretary to States under paragraph (1) ex- Security Act (42 U.S.C. 401 et seq.) for a pe- dent. ceed $4,000,000,000. (c) REQUIREMENTS.—The requirements of riod during which such benefits were not pro- In July 2007, in Little Rock, AR, a this subsection are the following: vided to the individual and who was, during truck driver killed a family of five in a (1) FEDERAL DATA USED TO DETERMINE all or part of such period, enrolled in a State crash. The driver admitted smoking Medicaid program. AMOUNT OF PAYMENTS.—The amount of the crack cocaine a few hours before the (6) SPECIAL DISABILITY WORKLOAD payment under subsection (a) for each State crash. is determined on the basis of the most recent PROJECT.—The term ‘‘Special Disability Federal data available, including the use of Workload project’’ means the project de- In May 2007, Centre County, PA, a proxies and reasonable estimates as nec- scribed in the 2008 Annual Report of the truck driver ran over a car killing a essary, for determining expeditiously the Board of Trustees of the Federal Old-Age and woman. The driver faces charges in- amount of the payment that shall be made Survivors Insurance and Federal Disability cluding homicide by vehicle while driv- to each State that enters into an agreement Insurance Trust Funds, H.R. Doc. No. 110-104, ing under the influence of suspected 110th Cong. (2008). under this section. The payment method- methamphetamines. ology shall consider the following factors: (7) STATE.—The term ‘‘State’’ means each (A) The number of SDW cases found to of the 50 States and the District of Columbia. While drug abuse among the at least have been eligible for benefits under the 3.4 million truck drivers in the indus- Medicare program and the month of the ini- By Mr. PRYOR (for himself, Ms. try is estimated by FMCSA to only tial Medicare program eligibility for such SNOWE, Mr. NELSON, of Ne- represent 2 to 5 percent of the entire cases. braska, and Mr. WICKER): truck driving workforce, that still rep- (B) The applicable non-Federal share of ex- S. 1113. A bill to amend title 49, resents roughly 68,000 truck drivers penditures made by a State under the Med- United States Code, to direct the Sec- that have a drug or alcohol abuse prob- icaid program during the time period for retary of Transportation to establish lem. That is a high and unacceptable SDW cases. and maintain a national clearinghouse risk that needs to be addressed in a se- (C) Such other factors as the Secretary and for records related to alcohol and con- rious fashion. Our goal is to prevent ac- the Commissioner, in consultation with the trolled substances testing of commer- States, determine appropriate. cidents of this nature, and I would like cial motor vehicle operators, and for (2) CONDITIONS FOR PAYMENTS.—A State to briefly explain how we intend to do other purposes; to the Committee on shall not receive a payment under this sec- so. tion unless the State— Commerce, Science, and Transpor- (A) waives the right to file a civil action tation. Our bill will establish within the (or to be a party to any action) in any Fed- Mr. PRYOR. Mr. President, I rise FMCSA a national drug and alcohol eral or State court in which the relief sought today to introduce legislation with database and clearinghouse listing includes a payment from the United States Senators SNOWE, NELSON of Nebraska, positive alcohol and drug test results to the State related to the Medicare liability and WICKER. The legislation that we or test refusals by commercial truck under title XVIII of the Social Security Act are introducing today is aptly named and bus drivers. The bill will expand (42 U.S.C. 1395 et seq.) as a result of the Spe- The Safe Roads Act of 2009, as it will go current drug and alcohol testing regu- cial Disability Workload project; and lations to require Medical Review Offi- (B) releases the United States from any a long way toward improving the safe- further claims for reimbursement of State ty of our Nation’s roads by closing cers, MROs, and other FMCSA-ap- expenditures as a result of the Special Dis- loopholes that have allowed commer- proved agents conducting already-re- ability Workload project (other than reim- cial truck and bus drivers to use and quired testing to report positive test bursements being made under agreements in abuse drugs and continue to drive with- results and test refusals to the FMCSA effect on the date of enactment of this Act as out receiving required treatment nec- drug and alcohol clearinghouse. Em- a result of such project, including payments essary to return to duty. The bill is de- ployers seeking new employees would made pursuant to agreements entered into signed to save lives by preventing un- then be required to not only follow the under section 1616 of the Social Security Act laws already in place for testing pro- or section 211(1)(1)(A) of Public Law 93–66). necessary deaths on our Nation’s roads. (3) NO INDIVIDUAL STATE CLAIMS DATA RE- Nearly every day Americans can open spective employees, but they would QUIRED.—No State shall be required to sub- their newspapers to learn about a also be required to examine the pro- mit individual claims evidencing payment death caused by drivers under the in- spective employees’ record in the under the Medicaid program as a condition fluence of drugs and alcohol. Some- FMCSA clearinghouse to determine if for receiving a payment under this section. times, these drivers are behind the the prospective employee has recently (4) INELIGIBLE STATES.—No State that is a wheel of an 18-wheeler or a commercial failed or refused to take a drug and al- party to a civil action in any Federal or bus, which due to their size and weight cohol test. If the prospective employee State court in which the relief sought in- bring a destructive force on any road. has a positive test result or test refusal cludes a payment from the United States to the State related to the Medicare liability On May 8th of this year, the Arkansas in the clearinghouse, an employer under title XVIII of the Social Security Act Democrat Gazette reported about a would not be allowed to hire the pro- (42 U.S.C. 1395 et seq.) as a result of the Spe- commercial bus driver involved in an spective employee unless it can be cial Disability Workload project shall be eli- accident on Interstate 40 near Forrest proven that he or she has not violated

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5729 the requirements of the testing pro- By Mr. DURBIN (for himself and physician through the medical home is gram, or that he or she has fully com- Mr. BURR): associated with earlier and more accu- pleted a return-to-duty program as re- S. 1114. A bill to establish a dem- rate diagnoses, fewer emergency room quired by the testing program. onstration project to provide for pa- visits, fewer hospitalizations, lower There are major loopholes that exist tient-centered medical homes to im- costs, better care, and increased pa- today in the current drug and alcohol prove the effectiveness and efficiency tient satisfaction. Many studies con- testing regime. Drivers have a tend- in providing medical assistance under clude that having both health insur- ency to ‘‘job-hop’’ after failing drug the Medicaid program and child health ance and a medical home leads to im- and alcohol tests, moving from one assistance under the State Children’s proved overall health for the entire company to another without reporting Health Insurance Program; to the Com- population, which brings down the cost past drug and alcohol test failures. mittee on Finance. of care and reduces health care dispari- Some States have since closed this Mr. DURBIN. Mr. President, I rise to ties. loophole by establishing clearing- introduce legislation with Senator The bill that Senator BURR and I in- houses similar to our proposal, but not BURR to help States improve quality troduce today would make it easier for all States have these laws, and they do and reduce the costs of health care for other States to implement a medical not do anything to prevent drivers Medicaid and CHIP enrollees. The Med- home model, much like Illinois and with past drug and alcohol test failures ical Homes Act would create a pilot North Carolina have. Congress passed a from moving State-to-State to seek project in Medicaid and the State Chil- medical home demonstration project and gain employment. Our legislation dren’s Health Insurance Program to en- for Medicare last year. The Medical would go to considerable lengths in courage hospitals and health clinics to Homes Act of 2009 would do this for closing both of these well-known and create a medical home for the low-in- Medicaid and SCHIP beneficiaries by well-reported loopholes. Our bill would come people they serve. making Federal funding available for a also provide extensive privacy protec- Those of us who have a medical home demonstration project in 8 States to tion for individuals whose data is col- take it for granted. We see the same provide care through patient-centered lected at the clearinghouse or accessed doctor, in the same setting, for ex- medical homes. from the clearinghouse. The bill would tended periods of time. Our medical The approach we propose requires a provide individuals with the means to history is in one place, and even if we per-member, per-month care manage- challenge records in the clearinghouse are seeing specialists or different doc- ment fee to help pay for participating and rights of actions against those who tors in the same practice, there is con- doctors and provides initial start-up misuse information contained in the tinuity in decisions about our health funding for participating states. The clearinghouse or accessed from the care. start-up funds are used for the pur- clearinghouse. But many people do not have this chase of health information tech- The Government Accountability Of- luxury. Think about people who move nology, primary care case managers, fice, GAO, and the FMCSA have ac- from place to place whose home lives and other uses appropriate for the de- knowledged these loopholes. Both have are less than stable, who do not have livery of patient-centered care. published reports describing a national health insurance, whose medical care is This is a critical time in our country clearinghouse as a feasible, cost-effec- sporadic. For these members of our We have a President who wants health tive measure to address this problem community, each visit to a clinic or an care reform. We have a Congress ready and improve highway safety. In addi- emergency room means starting over to act. We have an historic level of co- tion, a clearinghouse is something that again. operation among stakeholders. Unlike Congress has examined since imple- Everyone should have access to a the last time, there is substantial menting drug and alcohol testing re- medical home, but it requires some agreement this time among insurers, quirements in 1995. In 1999, Congress re- changes in behavior and expectations employers, consumers and lawmakers quired the FMCSA to evaluate the via- and, perhaps most importantly, it re- on the need for change and the broad bility of a national clearinghouse data- quires a commitment by local pro- outlines of reform. Change will only base for positive test results and test viders to work together. The medical happen if everyone—doctors, patients, refusals, and in 2004 the results of their home model makes sense for improving insurance companies, everyone—work study supported a need for such a sys- health care for everyone. And it is a with each other, not against each tem and revealed the safety benefits model of care that makes sense for other. The specifics of the reform pack- that would come from it. As recently stretching our limited Federal health age still have to be worked out—and as last year, the GAO released a report care dollars. that will be difficult. But there is to Congress titled ‘Motor Carrier Safe- States like Illinois and North Caro- broad agreement that we must do a ty: Improvements to Drug Testing Pro- lina are already seeing progress with better job of delivering health care, not grams Could Better Identify Illegal implementing the medical home model. just treatment for illness. Drug Users and Keep Them off the Illinois Health Connect is a new pro- If patients, provider, payers, and the Road’ that recommended the establish- gram at the Illinois Department of government continue to work together ment of a national database and clear- Healthcare and Family Services that to create a system that values the pa- inghouse of drivers who have tested uses the medical home model to deliver tient more than payments and the positive or refused to test. There is a primary and preventive care for chil- health outcome of the patient more clear need to close these well-known dren and adults covered through the than the number of patients seen, we loopholes, and I believe our bill goes a All Kids program. This emphasis on co- can really change the way primary long way in that direction. ordinated and ongoing care is leading care is provided. I urge my colleagues It is my hope that Congress will sup- to better health outcomes, and it is to support the Medical Homes Act of port this legislation and move forward saving money. 2009 and help stabilize health care de- quickly to enact this legislation. I be- Community Care of North Carolina livery for low-income Americans. lieve it is an imperative step to en- launched a medical home model in 1998, Mr. President, I ask unanimous con- hance drug and alcohol testing require- through nine physician-led networks. sent that the text of the bill be printed ments and improve pre-employment North Carolina started by creating in the RECORD. background reviews to reduce the num- medical homes for 250,000 Medicaid en- There being no objection, the text of ber of accidents and needless deaths re- rollees. Today, it is a state-wide pro- the bill was ordered to be printed in sulting from drivers that are under the gram that has saved the State at least the RECORD, as follows: influence of these types of substances. $60 million in Medicaid costs in 2003 S. 1114 I want to thank Senators SNOWE, and $120 million in 2004. Be it enacted by the Senate and House of Rep- NELSON of Nebraska, and WICKER for Cost savings is not the only benefit. resentatives of the United States of America in their hard work, leadership and sup- Several studies show that the medical Congress assembled, port on this very important safety home approach improves quality of SECTION 1. SHORT TITLE. issue, and I urge the rest of my col- care. Early analyses are finding that This Act may be cited as the ‘‘Medical leagues to support its swift passage. having regular access to a particular Homes Act of 2009’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5730 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 2. FINDINGS. primary care provider and the major medical guidelines to the identified needs of indi- Congress finds the following: specialties and ancillary services in the re- vidual beneficiaries over time and with the (1) Medical homes provide patient-centered gion. intensity needed by such beneficiaries; care, leading to better health outcomes and (2) HEALTH CENTER.—The term ‘‘health cen- (II) assists in the early identification of greater patient satisfaction. A growing body ter’’ has the meaning given that term in sec- health care needs; of research supports the need to involve pation 330(a) of the Public Health Service Act (III) provides ongoing primary care; tients and their families in their own health (42 U.S.C. 254b(a)). (IV) coordinates with a broad range of care decisions, to better inform them of their (3) MEDICAID.—The term ‘‘Medicaid’’ means other specialty, ancillary, and related serv- treatment options, and to improve their ac- the program for medical assistance estab- ices; and cess to information. lished under title XIX of the Social Security (V) provides health care services and con- (2) Medical homes help patients better Act (42 U.S.C. 1396 et seq.). sultations in a culturally and linguistically manage chronic diseases and maintain basic (4) MEDICAL MANAGEMENT COMMITTEE.—The appropriate manner, as well as at a time and preventive care, resulting in better health term ‘‘medical management committee’’ location that is convenient to the patient. outcomes than those who lack medical means a group of practitioners that— (iv) PROVIDING ONGOING ASSISTANCE AND EN- homes. An investigation of the Chronic Care (A) provides services in the community in COURAGEMENT IN PATIENT SELF-MANAGE- Model discovered that the medical home re- which the practice or health center is lo- MENT.—Whether the practice or health cen- duced the risk of cardiovascular disease in cated; ter— diabetes patients, helped congestive heart (B) reviews evidence-based practice guide- (I) collaborates with targeted beneficiaries failure patients become more knowledgeable lines; who receive care through the practice or and stay on recommended therapy, and in- (C) selects targeted disease and care proc- health center to pursue their goals for opti- creased the likelihood that asthma and dia- esses that address health conditions in the mal achievable health; betes patients would receive appropriate community (as identified in the National or (II) assesses patient-specific barriers; and therapy. State health assessment or as outlined in (III) conducts activities to support patient (3) Medical homes also reduce disparities ‘‘Healthy People 2010’’, or any subsequent self-management. in access to care. A survey conducted by the similar report (as determined by the Sec- (v) RESOURCES TO MANAGE CARE.—Whether Commonwealth Fund found that 74 percent retary)); the practice or health center has in place the of adults with a medical home have reliable (D) defines programs to target disease and resources and processes necessary to achieve access to the care they need, compared with care processes; improvements in the management and co- only 52 percent of adults with a regular pro- (E) establishes standards and measures for ordination of care for targeted beneficiaries vider that is not a medical home and 38 per- patient-centered medical homes, taking into who receive care through the practice or cent of adults without any regular source of account nationally-developed standards and health center. care or provider. measures; and (vi) MONITORING PERFORMANCE.—Whether (4) Medical homes reduce racial and ethnic (F) makes the determination described in the practice or health center— differences in access to medical care. Three- subparagraph (A)(iii) of paragraph (5), taking (I) monitors its clinical process and per- fourths of Caucasians, African Americans, into account the considerations under sub- formance (including process and outcome and Hispanics with medical homes report paragraph (B) of such paragraph. measures) in meeting the applicable stand- getting care when they need it. (5) PATIENT-CENTERED MEDICAL HOME.— ards under paragraph (4)(E); and (5) Medical homes reduce duplicative (A) IN GENERAL.—The term ‘‘patient-cen- (II) provides information in a form and health services and inappropriate emergency tered medical home’’ means a physician-di- manner specified by the steering committee room use. In 1998, North Carolina launched rected practice or a health center that— and medical management committee with the Community Care of North Carolina (i) incorporates the attributes of the care respect to such process and performance. (CCNC) program, which employs the medical management model described in paragraph (6) PERSONAL PRIMARY CARE PROVIDER.— home concept. Presently, CCNC has devel- (1); The term ‘‘personal primary care provider’’ oped 14 regional networks that include all of (ii) voluntarily participates in an inde- means— the Federally qualified health centers in the pendent evaluation process whereby primary (A) a physician, nurse practitioner, or State and cover 740,000 recipients. An anal- care providers submit information to the other qualified health care provider (as de- ysis conducted by Mercer Human Resources medical management committee of the rel- termined by the Secretary), who— Consulting Group found that CCNC resulted evant network; (i) practices in a patient-centered medical in $244,000,000 in savings to the Medicaid pro- (iii) the medical management committee home; and gram in 2004, with similar results in 2005 and determines has the capability to achieve im- (ii) has been trained to provide first con- 2006. provements in the management and coordi- tact, continuous, and comprehensive care for (6) Health information technology is a cru- nation of care for targeted beneficiaries (as the whole person, not limited to a specific cial foundation for medical homes. While defined by statewide quality improvement disease condition or organ system, including many doctors’ offices use electronic health standards and outcomes); and care for all types of health conditions (such records for billing or other administrative (iv) meets the requirements imposed on a as acute care, chronic care, and preventive functions, few practices utilize health infor- covered entity for purposes of applying part services); or mation technology systematically to meas- C of title XI of the Social Security Act (42 (B) a health center that— ure and improve the quality of care they pro- U.S.C. 1320d et seq.) and all regulatory provi- (i) is a patient-centered medical home; and vide. For example, electronic health records sions promulgated thereunder, including reg- (ii) has providers on staff that have re- can generate reports to ensure that all pa- ulations (relating to privacy) adopted pursu- ceived the training described in subpara- tients with chronic conditions receive rec- ant to the authority of the Secretary under graph (A)(ii). ommended tests and are on target to meet section 264(c) of the Health Insurance Port- (7) PRIMARY CARE CASE MANAGEMENT SERV- their treatment goals. Computerized order- ability and Accountability Act of 1996 (42 ICES; PRIMARY CARE CASE MANAGER.—The ing systems, particularly with decision-sup- U.S.C. 1320d–2 note). terms ‘‘primary care case management serv- port tools, can prevent medical and medica- (B) CONSIDERATIONS.—In making the deter- ices’’ and ‘‘primary care case manager’’ have tion errors, while e-mail and interactive mination under subparagraph (A)(iii), the the meaning given those terms in section Internet websites can facilitate communica- medical management committee shall con- 1905(t) of the Social Security Act (42 U.S.C. tion between patients and providers and im- sider the following: 1396d(t)). prove patient education. (i) ACCESS AND COMMUNICATION WITH PA- (8) PROJECT.—The term ‘‘project’’ means SEC. 3. MEDICAID AND CHIP DEMONSTRATION TIENTS.—Whether the practice or health cen- the demonstration project established under PROJECT TO SUPPORT PATIENT- ter applies both standards for access to care this section. CENTERED PRIMARY CARE. for, and standards for communication with, (9) CHIP.—The term ‘‘CHIP’’ means the (a) DEFINITIONS.—In this section: targeted beneficiaries who receive care State Children’s Health Insurance Program (1) CARE MANAGEMENT MODEL.—The term through the practice or health center. established under title XXI of the Social Se- ‘‘care management model’’ means a model (ii) MANAGING PATIENT INFORMATION AND curity Act (42 U.S.C. 1396aa et seq.). that— USING INFORMATION MANAGEMENT TO SUPPORT (10) SECRETARY.—The term ‘‘Secretary’’ (A) uses health information technology PATIENT CARE.—Whether the practice or means the Secretary of Health and Human and other innovations such as the chronic health center has readily accessible, clini- Services. care model, to improve the management and cally useful information on such bene- (11) STEERING COMMITTEE.—The term coordination of care provided to patients; ficiaries that enables the practice or health ‘‘steering committee’’ means a local man- (B) is centered on the relationship between center to provide comprehensive and system- agement group comprised of collaborating a patient and their personal primary care atic treatment. local health care practitioners or a local not- provider; (iii) MANAGING AND COORDINATING CARE AC- for-profit network of health care practi- (C) seeks guidance from— CORDING TO INDIVIDUAL NEEDS.—Whether the tioners— (i) a steering committee; and practice or health center— (A) that implements State-level initia- (ii) a medical management committee; and (I) maintains continuous relationships tives; (D) has established, where practicable, ef- with such beneficiaries by implementing evi- (B) that develops local improvement initia- fective referral relationships between the dence-based guidelines and applying such tives;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5731 (C) whose mission is to— is conducted if the Secretary determines (III) A network of physician practices and (i) investigate questions related to commu- such funds are necessary to ensure continued health centers that have volunteered to par- nity-based practice; and participation in the project by the State. ticipate as patient-centered medical homes (ii) improve the quality of primary care; Grant funds awarded under this clause shall to provide high-quality care, focusing on pre- and be used by a participating State to assist in ventive care, at the appropriate time and (D) whose membership— making the payments described in paragraph place and in a cost-effective manner. (i) represents the health care delivery sys- (B). To the extent a State uses such grant (IV) Hospitals and local public health de- tem of the community it serves; and funds for such purpose, no matching pay- partments that will work in cooperation (ii) includes physicians (with an emphasis ment may be made to the State for the pay- with the network of patient-centered med- on primary care physicians) and at least 1 ments made with such funds under section ical homes to coordinate and provide health representative from each part of the collabo- 1903(a) or 2105(a) of the Social Security Act care. rative or network (such as a representative (42 U.S.C. 1396b(a); 1397ee(a)). (V) Primary care case managers to assist from a health center, a representative from (B) ADDITIONAL PAYMENTS TO PERSONAL PRI- with care coordination. the health department, a representative MARY CARE PROVIDERS AND STEERING COMMIT- (VI) Health information technology to fa- from social services, and a representative TEES.— cilitate the provision and coordination of from each public and private hospital in the (i) PAYMENTS TO PERSONAL PRIMARY CARE health care by network participants. collaborative or the network). PROVIDERS.— (ii) MULTIPLE LOCATIONS IN THE STATE.—In (12) TARGETED BENEFICIARY.— (I) IN GENERAL.—Subject to subsection the case where a State operates a patient- (A) IN GENERAL.—The term ‘‘targeted bene- (d)(6)(B), a State participating in the project centered medical home program in 2 or more ficiary’’ means an individual who is eligible shall pay a personal primary care provider areas in the State, the program in each of for benefits under a State plan under Med- not less than $2.50 per month per targeted those areas shall include the elements de- icaid or a State child health plan under beneficiary assigned to the personal primary scribed in clause (i). CHIP. care provider, regardless of whether the pro- (B) OPTIONAL ELEMENTS.—Such program (B) PARTICIPATION IN PATIENT-CENTERED vider saw the targeted beneficiary that may include a non-profit organization that— MEDICAL HOME.—Individuals who are eligible month. (i) includes a steering committee and a for benefits under Medicaid or CHIP in a (II) FEDERAL MATCHING PAYMENT.—Subject State that has been selected to participate in medical management committee; and to subparagraph (A)(ii), amounts paid to a (ii) manages the payments to steering com- the project shall receive care through a pa- personal primary care provider under sub- tient-centered medical home when available. mittees described in subsection (c)(3)(B)(ii). clause (I) shall be considered medical assist- (3) GOALS.—Such program shall be de- (C) ENSURING CHOICE.—In the case of such ance or child health assistance for purposes an individual who receives care through a signed— of section 1903(a) or 2105(a), respectively, of (A) to increase— patient-centered medical home, the indi- the Social Security Act (42 U.S.C. 1396b(a); vidual shall receive guidance from their per- (i) cost efficiencies of health care delivery; 1397ee(a)). (ii) access to appropriate health care serv- sonal primary care provider on appropriate (III) PATIENT POPULATION.—In determining referrals to other health care professionals ices, especially wellness and prevention care, the amount of payment to a personal pri- at times convenient for patients; in the context of shared decision-making. mary care provider per month with respect (b) ESTABLISHMENT.—The Secretary shall (iii) patient satisfaction; to targeted beneficiaries under this clause, a establish a demonstration project under (iv) communication among primary care State participating in the project shall take Medicaid and CHIP for the implementation providers, hospitals, and other health care into account the care needs of such targeted of a patient-centered medical home program providers; beneficiaries. that meets the requirements of subsection (v) school attendance; and (ii) PAYMENTS TO STEERING COMMITTEES.— (d) to improve the effectiveness and effi- (vi) the quality of health care services (as (I) IN GENERAL.—Subject to subsection ciency in providing medical assistance under determined by the relevant steering com- (d)(6)(B), a State participating in the project Medicaid and CHIP to an estimated 500,000 to mittee and medical management committee, shall pay a steering committee not less than 1,000,000 targeted beneficiaries. taking into account nationally developed $2.50 per targeted beneficiary per month. (c) PROJECT DESIGN.— standards and measures); and (II) FEDERAL MATCHING PAYMENT.—Subject (1) DURATION.—The project shall be con- (B) to decrease— to subparagraph (A)(ii), amounts paid to a ducted for a 3-year period, beginning not (i) inappropriate emergency room utiliza- later than [October 1, 2011]. steering committee under subclause (I) shall be considered medical assistance or child tion, which can be accomplished through ini- (2) SITES.— tiatives, such as expanded hours of care (A) IN GENERAL.—The project shall be con- health assistance for purposes of section 1903(a) or 2105(a), respectively, of the Social throughout the program network; ducted in 8 States— (ii) avoidable hospitalizations; and (i) four of which already provide medical Security Act (42 U.S.C. 1396b(a); 1397ee(a)). (III) USE OF FUNDS.—Amounts paid to a (iii) duplication of health care services pro- assistance under Medicaid for primary care vided. case management services as of the date of steering committee under subclause (I) shall (4) PAYMENT.—Under the program, pay- enactment of this Act; and be used (in accordance with any applicable Medicaid requirements) to purchase health ment shall be provided to personal primary (ii) four of which do not provide such med- care providers and steering committees (in ical assistance. information technology, pay primary care accordance with subsection (c)(3)(B)). (B) APPLICATION.—A State seeking to par- case managers, support network initiatives, (5) NOTIFICATION.—The State shall notify ticipate in the project shall submit an appli- and for such other uses as the steering com- individuals enrolled in Medicaid or CHIP cation to the Secretary at such time, in such mittee determines appropriate. about— manner, and containing such information as (4) TECHNICAL ASSISTANCE.—The Secretary (A) the patient-centered medical home pro- the Secretary may require. shall make available technical assistance to gram; (C) SELECTION.—In selecting States to par- States, physician practices, and health cen- (B) the providers participating in such pro- ticipate in the project, the Secretary shall ters participating in the project during the gram; and ensure that urban, rural, and underserved duration of the project. (C) the benefits of such program. areas are served by the project. (5) BEST PRACTICES INFORMATION.—The Sec- (6) TREATMENT OF STATES WITH A MANAGED (3) GRANTS AND PAYMENTS.— retary shall collect and make available to CARE CONTRACT.— (A) DEVELOPMENT GRANTS.— States participating in the project informa- (A) IN GENERAL.—In the case where a State (i) FIRST YEAR DEVELOPMENT GRANTS.—The tion on best practices for patient-centered Secretary shall award development grants to medical homes. contracts with a private entity to manage parts of the State Medicaid program, the States participating in the project during (d) PATIENT-CENTERED MEDICAL HOME PRO- State shall— the first year the project is conducted. GRAM.— (i) ensure that the private entity follows Grants awarded under this clause shall be (1) IN GENERAL.—For purposes of this sec- used by a participating State to— tion, a patient-centered medical home pro- the care management model; and (I) assist with the development of steering gram meets the requirements of this sub- (ii) establish a medical management com- committees, medical management commit- section if, under such program, targeted mittee and a steering committee in the com- tees, and local networks of health care pro- beneficiaries have access to a personal pri- munity. viders; and mary care provider in a patient-centered (B) ADJUSTMENT OF PAYMENT AMOUNTS.— (II) facilitate coordination with local com- medical home as their source of first con- The State may adjust the amount of pay- munities to be better prepared and posi- tact, comprehensive, and coordinated care ments made under (c)(3)(B), taking into con- tioned to understand and meet the needs of for the whole person. sideration the management role carried out by the private entity described in subpara- the communities served by patient-centered (2) ELEMENTS.— graph (A) and the cost effectiveness provided medical homes. (A) MANDATORY ELEMENTS.— by such entity in certain areas, such as (ii) SECOND YEAR FUNDING.—The Secretary (i) IN GENERAL.—Such program shall in- shall award additional grant funds to States clude the following elements: health information technology. that received a development grant under (I) A steering committee. (e) EVALUATION AND PROJECT REPORT.— clause (i) during the second year the project (II) A medical management committee. (1) IN GENERAL.—

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5732 CONGRESSIONAL RECORD — SENATE May 20, 2009

(A) EVALUATION.—The Secretary, in con- posed by Mr. REID to the bill H.R. 2346, supra; tended to be proposed by him to the bill H.R. sultation with appropriate health care pro- which was ordered to lie on the table. 2346, supra; which was ordered to lie on the fessional associations, shall evaluate the SA 1152. Mrs. FEINSTEIN submitted an table. project in order to determine the effective- amendment intended to be proposed by her SA 1173. Mr. CORKER (for himself, Mr. ness of patient-centered medical homes in to the bill H.R. 2346, supra; which was or- GRAHAM, Mr. LIEBERMAN, Mr. LUGAR, Mr. terms of quality improvement, patient and dered to lie on the table. ISAKSON, Ms. COLLINS, and Mr. BENNETT) sub- provider satisfaction, and the improvement SA 1153. Mrs. MURRAY submitted an mitted an amendment intended to be proof health outcomes. amendment intended to be proposed by her posed by him to the bill H.R. 2346, supra. (B) PROJECT REPORT.—Not later than 12 to the bill H.R. 2346, supra; which was or- SA 1174. Mrs. HUTCHISON submitted an months after completion of the project, the dered to lie on the table. amendment intended to be proposed by her Secretary shall submit to Congress a report SA 1154. Mr. WEBB submitted an amend- to the bill H.R. 2346, supra; which was or- on the project containing the results of the ment intended to be proposed by him to the dered to lie on the table. evaluation conducted under subparagraph bill H.R. 2346, supra; which was ordered to lie SA 1175. Mrs. HUTCHISON submitted an (A). Such report shall include— on the table. amendment intended to be proposed by her (i) an assessment of the differences, if any, SA 1155. Mr. NELSON, of Florida (for him- to the bill H.R. 2346, supra; which was or- between the quality of the care provided self and Ms. LANDRIEU) submitted an amend- dered to lie on the table. through the patient-centered medical home ment intended to be proposed by him to the SA 1176. Mrs. HUTCHISON submitted an program conducted under the project in the bill H.R. 2346, supra; which was ordered to lie amendment intended to be proposed by her States that provided medical assistance for on the table. to the bill H.R. 2346, supra; which was or- SA 1156. Mr. LIEBERMAN (for himself, Mr. primary care case management services and dered to lie on the table. GRAHAM, Mr. BEGICH, Mr. THUNE, Mr. BURRIS, SA 1177. Ms. LANDRIEU (for herself and those that did not; Mr. BENNETT, and Mr. CORNYN) submitted an Mr. HARKIN) submitted an amendment in- (ii) an assessment of quality improvements amendment intended to be proposed by him tended to be proposed by her to the bill H.R. and clinical outcomes as a result of such pro- to the bill H.R. 2346, supra. 2346, supra; which was ordered to lie on the gram; SA 1157. Mr. LIEBERMAN (for himself and table. (iii) estimates of cost savings resulting Mr. GRAHAM) submitted an amendment in- SA 1178. Mr. CARDIN submitted an amend- from such program; and tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the (iv) recommendations for such legislation 2346, supra. bill H.R. 2346, supra; which was ordered to lie and administrative action as the Secretary SA 1158. Mrs. HUTCHISON (for herself and on the table. determines to be appropriate. Mrs. FEINSTEIN) submitted an amendment in- SA 1179. Mr. KAUFMAN (for himself, Mr. (2) SENSE OF THE SENATE.—It is the sense of tended to be proposed by her to the bill H.R. LUGAR, and Mr. REED) submitted an amend- the Senate that titles XIX and XXI of the 2346, supra; which was ordered to lie on the ment intended to be proposed by him to the Social Security Act (42 U.S.C. 1396 et seq.; table. bill H.R. 2346, supra. 1397aa et seq.) should be amended, based on SA 1159. Mr. McCAIN (for himself, Mr. SA 1180. Ms. LANDRIEU submitted an the results of the evaluation and report LUGAR, and Mr. LIEBERMAN) submitted an amendment intended to be proposed by her under paragraph (1), to establish a patient- amendment intended to be proposed by him to the bill H.R. 2346, supra; which was or- centered medical home program under such to the bill H.R. 2346, supra; which was ordered to lie on the table. titles on a permanent basis. dered to lie on the table. SA 1181. Mrs. LINCOLN (for herself and Mr. (f) WAIVER.— SA 1160. Mr. HARKIN submitted an amend- PRYOR) submitted an amendment intended to (1) IN GENERAL.—Subject to paragraph (2), ment intended to be proposed by him to the be proposed by her to the bill H.R. 2346, the Secretary shall waive compliance with bill H.R. 2346, supra; which was ordered to lie supra. such requirements of titles XI, XIX, and XXI on the table. SA 1182. Mr. MENENDEZ submitted an of the Social Security Act (42 U.S.C. 1301 et SA 1161. Mr. BROWN submitted an amend- amendment intended to be proposed by him seq.; 1396 et seq.; 1397aa et seq.) to the extent ment intended to be proposed by him to the to the bill H.R. 2346, supra; which was or- and for the period the Secretary finds nec- bill H.R. 2346, supra. dered to lie on the table. essary to conduct the project. SA 1162. Mr. GREGG submitted an amend- SA 1183. Ms. LANDRIEU (for herself and (2) LIMITATION.—In no case shall the Sec- ment intended to be proposed by him to the Mr. VITTER) submitted an amendment in- retary waive compliance with the require- bill H.R. 2346, supra; which was ordered to lie tended to be proposed by her to the bill H.R. ments of subsections (a)(10)(A), (a)(15), and on the table. 2346, supra; which was ordered to lie on the (bb) of section 1902 of the Social Security Act SA 1163. Mr. GREGG submitted an amend- table. (42 U.S.C. 1396a) under paragraph (1), to the ment intended to be proposed by him to the SA 1184. Mr. BINGAMAN submitted an extent that such requirements require the bill H.R. 2346, supra; which was ordered to lie amendment intended to be proposed by him provision of and reimbursement for services on the table. to the bill H.R. 2346, supra; which was or- described in section 1905(a)(2)(C) of such Act SA 1164. Mr. ISAKSON (for himself, Mr. dered to lie on the table. (42 U.S.C. 1396d(a)(2)(C)). CHAMBLISS, Mr. DODD, and Mr. LIEBERMAN) SA 1185. Mr. MERKLEY (for himself and f submitted an amendment intended to be pro- Mr. WHITEHOUSE) submitted an amendment posed by him to the bill H.R. 2346, supra. intended to be proposed by him to the bill AMENDMENTS SUBMITTED AND SA 1165. Mrs. GILLIBRAND submitted an H.R. 2346, supra. PROPOSED amendment intended to be proposed by her SA 1186. Mr. BURR submitted an amend- to the bill H.R. 2346, supra; which was or- ment intended to be proposed by him to the SA 1145. Mr. KYL submitted an amend- dered to lie on the table. bill H.R. 2346, supra; which was ordered to lie ment intended to be proposed by him to the SA 1166. Mr. LAUTENBERG (for himself on the table. bill H.R. 2346, making supplemental appro- and Ms. SNOWE) submitted an amendment in- SA 1187. Mr. WYDEN (for himself, Ms. priations for the fiscal year ending Sep- tended to be proposed by him to the bill H.R. KLOBUCHAR, Mr. GRASSLEY, Mr. ROBERTS, and tember 30, 2009, and for other purposes; which 2346, supra; which was ordered to lie on the Mr. SHELBY) submitted an amendment in- was ordered to lie on the table. SA 1146. Mr. KYL submitted an amend- table. tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the SA 1167. Mr. BENNET (for himself, Mr. 2346, supra; which was ordered to lie on the bill H.R. 2346, supra; which was ordered to lie CASEY, and Mr. JOHANNS) submitted an table. on the table . amendment intended to be proposed by him SA 1188. Mr. MCCAIN (for himself, Mr. SA 1147. Mr. KYL (for himself and Mr. to the bill H.R. 2346, supra. LIEBERMAN, Mr. LUGAR, and Mr. BROWNBACK) LIEBERMAN) submitted an amendment in- SA 1168. Mr. LEAHY submitted an amend- submitted an amendment intended to be pro- tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the posed by him to the bill H.R. 2346, supra. 2346, supra. bill H.R. 2346, supra; which was ordered to lie SA 1189. Mrs. HUTCHISON (for herself, Mr. SA 1148. Mr. KYL (for himself, Mr. VITTER, on the table. BROWN, Mrs. MCCASKILL, Mr. MENENDEZ, Ms. and Mr. SESSIONS) submitted an amendment SA 1169. Mr. LEAHY (for himself, Mr. MIKULSKI, Mr. COCHRAN, Mr. BOND, and Mr. intended to be proposed by him to the bill BROWN, and Mr. CASEY) submitted an amend- LAUTENBERG) submitted an amendment in- H.R. 2346, supra; which was ordered to lie on ment intended to be proposed by him to the tended to be proposed by her to the bill H.R. the table. bill H.R. 2346, supra; which was ordered to lie 2346, supra. SA 1149. Mr. GRAHAM (for himself and Mr. on the table. SA 1190. Mr. REID (for Mr. KENNEDY (for LIEBERMAN) submitted an amendment in- SA 1170. Mr. LEAHY submitted an amend- himself and Mr. CARDIN)) submitted an tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the amendment intended to be proposed by Mr. 2346, supra; which was ordered to lie on the bill H.R. 2346, supra; which was ordered to lie REID to the bill H.R. 2346, supra; which was table. on the table. ordered to lie on the table. SA 1150. Mr. REID (for Mr. KENNEDY) sub- SA 1171. Mr. LEAHY submitted an amend- SA 1191. Mr. LEAHY (for himself and Mr. mitted an amendment intended to be pro- ment intended to be proposed by him to the KERRY) submitted an amendment intended posed by Mr. REID to the bill H.R. 2346, supra; bill H.R. 2346, supra; which was ordered to lie to be proposed by him to the bill H.R. 2346, which was ordered to lie on the table. on the table. supra. SA 1151. Mr. REID (for Mr. KENNEDY) sub- SA 1172. Mr. VITTER (for himself and Ms. SA 1192. Mr. COBURN (for himself and Mr. mitted an amendment intended to be pro- LANDRIEU) submitted an amendment in- DEMINT) submitted an amendment intended

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5733 to be proposed by him to the bill H.R. 2346, At the appropriate place, insert the fol- SA 1148. Mr. KYL (for himself, Mr. supra; which was ordered to lie on the table. lowing: VITTER, and Mr. SESSIONS) submitted SA 1193. Mr. COBURN submitted an SEC. ll. (a) REPORT ON INTERNATIONAL FI- an amendment intended to be proposed amendment intended to be proposed by him NANCIAL INSTITUTION LOANS TO THE ISLAMIC by him to the bill H.R. 2346, making to the bill H.R. 2346, supra; which was or- REPUBLIC OF IRAN.—Not later than 90 days dered to lie on the table. supplemental appropriations for the after the date of the enactment of this Act, fiscal year ending September 30, 2009, SA 1194. Mr. COBURN submitted an and every 90 days thereafter, the Secretary amendment intended to be proposed by him of the Treasury shall submit to the Com- and for other purposes; which was or- to the bill H.R. 2346, supra; which was or- mittee on Foreign Relations of the Senate dered to lie on the table; as follows: dered to lie on the table. and the Committee on Financial Services of On page 31, between lines 3 and 4, insert SA 1195. Mr. CORNYN submitted an the House of Representatives, and post on the following: amendment intended to be proposed by him the website of the Department of the Treas- SEC. 315. Congress makes the following to the bill H.R. 2346, supra; which was or- ury, a report— findings: dered to lie on the table. (1) assessing the compliance of each United (1) Congress is grateful for the service and SA 1196. Ms. STABENOW submitted an States Executive Director of an inter- leadership of the members of the bipartisan amendment intended to be proposed by her national financial institution with the re- Congressional Commission on the Strategic to the bill H.R. 2346, supra; which was or- quirement under section 1621(a) of the Inter- Posture of the United States, who, pursuant dered to lie on the table. national Financial Institutions Act (22 to section 1062 of the National Defense Au- SA 1197. Mr. LEVIN submitted an amend- U.S.C. 262p–4q(a)) that the Director oppose thorization Act for Fiscal Year 2008 (Public ment intended to be proposed by him to the any loan or other use of funds by the institu- Law 110–181; 122 Stat. 319), spent more than a bill H.R. 2346, supra; which was ordered to lie tion for the Islamic Republic of Iran; year examining the Nation’s strategic pos- on the table. (2) assessing the progress made by each ture in all of its aspects: deterrence strategy, SA 1198. Mr. LUGAR (for himself and Mr. such Director in opposing such loans and arms control initiatives, and nonprolifera- LEAHY) submitted an amendment intended to other uses of funds; tion strategies. be proposed by him to the bill H.R. 2346, (3) assessing the compliance of the United (2) The Commission, comprised of some of supra; which was ordered to lie on the table. States Executive Directors of the Inter- this country’s most preeminent scholars and SA 1199. Mr. DURBIN proposed an amend- national Development Association and the technical experts in the subject matter, ment to amendment SA 1136 proposed by Mr. International Bank for Reconstruction and found a bipartisan consensus on these issues MCCONNELL to the bill H.R. 2346, supra. Development with the requirement under in its Final Report made public on May 6, SA 1200. Mr. REID (for Mrs. HUTCHISON) such section 1621(a) with respect to the de- 2009. proposed an amendment to the bill S. 614, to velopment of a new World Bank country as- (3) Congress appreciates the service of award a Congressional Gold Medal to the sistance strategy for the Islamic Republic of former Secretary of Defense William Perry, Women Airforce Service Pilots (‘‘WASP’’). Iran; and former Secretary of Defense and Secretary of SA 1201. Mr. REID proposed an amendment (4) describing the efforts of the Secretary Energy James Schlesinger, former Senator to amendment SA 1167 submitted by Mr. to halt the disbursement of any such loan or John Glenn, former Congressman Lee Ham- BENNET (for himself, Mr. CASEY, and Mr. other use of funds from such an institution ilton, Ambassador James Woolsey, Doctors JOHANNS) to the bill H.R. 2346, making sup- for the Islamic Republic of Iran that has al- John Foster, Fred Ikle, Keith Payne, Morton plemental appropriations for the fiscal year ready been approved by the institution. Halperin, Ellen Williams, Bruce Tarter, and ending September 30, 2009, and for other pur- Harry Cartland, and the United States Insti- (b) SUNSET.—Subsection (a) shall termi- poses. nate on the day on which the President cer- tute of Peace. f tifies to Congress that the Islamic Republic (4) Congress values the work of the Com- mission and pledges to work with President TEXT OF AMENDMENTS of Iran has halted all uranium enrichment activities. Barack Obama to address the findings and SA 1145. Mr. KYL submitted an implement the recommendations of the Com- mission. amendment intended to be proposed by SA 1147. Mr. KYL (for himself and him to the bill H.R. 2346, making sup- Mr. LIEBERMAN) submitted an amend- SA 1149. Mr. GRAHAM (for himself plemental appropriations for the fiscal ment intended to be proposed by him and Mr. LIEBERMAN) submitted an year ending September 30, 2009, and for to the bill H.R. 2346, making supple- amendment intended to be proposed by other purposes; which was ordered to mental appropriations for the fiscal him to the bill H.R. 2346, making sup- lie on the table; as follows: year ending September 30, 2009, and for plemental appropriations for the fiscal On page 97, between lines 11 and 12, insert other purposes; as follows: year ending September 30, 2009, and for the following: At the end of title IV, add the following: other purposes; which was ordered to REPORT ON DAMAGE TO PROJECTS AND lie on the table; as follows: PROHIBITION ON USE OF FUNDS FOR THE STRA- PROGRAMS IN GAZA CAUSED BY HAMAS TEGIC PETROLEUM RESERVE FOR PERSONS At the appropriate place, insert the fol- SEC. 1121. (a) Not later than 45 days after THAT HAVE ENGAGED IN CERTAIN ACTIVITIES lowing: the date of the enactment of this Act, the WITH RESPECT TO THE ISLAMIC REPUBLIC OF SEC. l. RELEASE OR TRANSFER OF COVERED IN- Secretary of State shall submit a report to DIVIDUALS. IRAN the Committee detailing assessed damages (a) COVERED INDIVIDUAL DEFINED.—In this to United States Government-funded SEC. 410. None of the funds made available section, the term ‘‘covered individual’’ projects and programs in Gaza caused when by this title or any other appropriations Act means any individual who— Hamas broke the ceasefire with Israel from for the Strategic Petroleum Reserve may be (1) has ever been determined by a Combat- December 2008 to January 2009. made available to any person that has, dur- ant Status Review Tribunal to be an enemy (b) The report required under subsection ing the 3-year period ending on the date of combatant (pursuant to the definition em- (a) shall include— the enactment of this Act— ployed by that tribunal) or is awaiting the (1) an estimate of the amounts expended on (1) sold refined petroleum products valued determination of such a tribunal; such programs and projects and the esti- at $1,000,000 or more to the Islamic Republic (2) is in the custody of the United States at mated costs for repair or rehabilitation; of Iran; Guantanamo Bay, Cuba on or after the date (2) a description of the assessed damages to (2) engaged in an activity valued at of enactment of this Act; and United Nations facilities in Gaza caused dur- $1,000,000 or more that could contribute to (3) is not a citizen of the United States or ing such period and, to the extent known, enhancing the ability of Iran to import re- an alien admitted for permanent residence in the party responsible for such damage; and fined petroleum products, including— the United States. (3) a determination whether such projects (A) providing ships or shipping services to (b) COVERED INDIVIDUALS ORDERED RE- or programs were being used by Hamas for deliver refined petroleum products to the Is- LEASED.— any activity by the organization, including lamic Republic of Iran; (1) IN GENERAL.—No court shall order the launching rockets, sheltering Hamas terror- (B) underwriting or otherwise providing in- release of a covered individual into the ists, and storing ammunition and other ma- surance or reinsurance for such an activity; United States. teriel. or (2) VISAS AND IMMIGRATION.—The Secretary (C) financing or brokering such an activ- of State may not issue any visa, and the Sec- SA 1146. Mr. KYL submitted an ity; or retary of Homeland Security may not admit amendment intended to be proposed by (3) sold, leased, or otherwise provided to or provide any type of status, to a covered him to the bill H.R. 2346, making sup- the Islamic Republic of Iran any goods, serv- individual that permits the covered indi- ices, or technology valued at $1,000,000 or plemental appropriations for the fiscal vidual to enter into, or be admitted to, the more that could contribute to the mainte- United States. year ending September 30, 2009, and for nance or expansion of the capacity of the Is- (c) TRANSFER.— other purposes; which was ordered to lamic Republic of Iran to produce refined pe- (1) IN GENERAL.—If a covered individual is lie on the table; as follows: troleum products. no longer held by the United States as an

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5734 CONGRESSIONAL RECORD — SENATE May 20, 2009 enemy combatant, the covered individual supplemental appropriations for the ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC shall be released into the custody of the Sec- fiscal year ending September 30, 2009, COUNCIL.—The North Pacific Council may retary of Homeland Security, who shall and for other purposes; which was or- recommend for approval by the Secretary transfer the individual to the covered indi- dered to lie on the table; as follows: such conservation and management meas- vidual’s country of nationality or to another ures, including size limits and measures to country. On page 39, after line 23, add the following: control fishing capacity, in accordance with (2) HOUSING.—An individual in the custody AMENDMENT TO ENERGY POLICY ACT OF 1992 the Magnuson-Stevens Act as it considers of the Secretary of Homeland Security pur- SEC. 410. Section 106(a)(2)(C) of the Energy necessary to ensure that this subsection does suant to paragraph (1) shall be housed sepa- Policy Act of 1992 (12 U.S.C. 1701z-16(a)(2)(C)) not diminish the effectiveness of fishery rately from aliens detained as enemy com- is amended— management plans of the Bering Sea and batants by the Department of Defense in a (1) in clause (i), by striking ‘‘section Aleutian Islands Management Area or the manner consistent with the safety and secu- 203(b)(2)(A)) of the National Housing Act (12 Gulf of Alaska. rity of United States personnel. U.S.C. 1709(b)(2)(A)’’ and inserting ‘‘section ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF (3) TRANSFER.—Transfers made pursuant to 203(b)(2)(A)(i)) of the National Housing Act CERTAIN VESSELS.— paragraph (1) shall be carried out as expedi- (12 U.S.C. 1709(b)(2)(A)(i))’’; and ‘‘(A) IN GENERAL.—Notwithstanding the re- tiously as possible and in a manner that is (2) in clause (ii), by striking ‘‘section quirements of subsections (b)(2), (c)(1), and consistent with— 203(b)(2)(B)’’ and inserting ‘‘section (c)(2) of section 12113 of title 46, United (A) the policy set out in section 2242 of the 203(b)(2)(A)(ii)’’. States Code, a vessel that is eligible under Foreign Relations Authorization Act, Fiscal subsection (a), (b), (c), (d), or (e) (other than Years 1998 and 1999 (8 U.S.C. 1231 note); and SA 1153. Mrs. MURRAY submitted an paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant (B) the national security interests of the amendment intended to be proposed by United States. to section 203(g) or 213(g) may be replaced her to the bill H.R. 2346, making sup- with a replacement vessel under paragraph plemental appropriations for the fiscal SA 1150. Mr. REID (for Mr. KENNEDY) (1) if the vessel that is replaced is validly submitted an amendment intended to year ending September 30, 2009, and for documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the re- be proposed by Mr. REID to the bill other purposes; which was ordered to lie on the table; as follows: placement vessel is documented with a fish- H.R. 2346, making supplemental appro- ery endorsement under section 12113 of title At the appropriate place, insert the fol- priations for the fiscal year ending 46, United States Code. lowing: September 30, 2009, and for other pur- ‘‘(B) APPLICABILITY.—A replacement vessel poses; which was ordered to lie on the SEC. ll. VESSEL SIZE LIMITS FOR FISHERY EN- under subparagraph (A) and its owner and DORSEMENTS. table; as follows: mortgagee are subject to the same limita- (a) LENGTH, TONNAGE, AND HORSEPOWER.— tions under section 203(g) or 213(g) that are At the end of title III, insert the following: Section 12113(d)(2) of title 46, United States applicable to the vessel that has been re- SEC. 315. (a)(1) The amount appropriated or Code, is amended— placed and its owner and mortgagee. otherwise made available by this title under (1) in subparagraph (A)— ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER the heading ‘‘RESEARCH, DEVELOPMENT, TEST (A) in clause (i), by adding ‘‘and’’ at the VESSELS.— AND EVALUATION, DEFENSE-WIDE’’ is hereby end; ‘‘(A) IN GENERAL.—A replacement for a cov- increased by $32,000,000. (B) in clause (ii) by striking ‘‘and’’ at the ered vessel described in subparagraph (B) is (2) Of the amount appropriated or other- end; and prohibited from harvesting fish in any fish- wise made available by this title under the (C) by striking clause (iii); ery (except for the Pacific whiting fishery) heading ‘‘RESEARCH, DEVELOPMENT, TEST AND (2) in subparagraph (B), by striking the pe- managed under the authority of any regional EVALUATION, DEFENSE-WIDE’’, as increased by riod at the end and inserting ‘‘; or’’; and fishery management council (other than the paragraph (1), $32,000,000 shall be available (3) by adding at the end the following: North Pacific Council) established under sec- for an MQ–9 with an integrated DB–110 pod- ‘‘(C) the vessel is either a rebuilt vessel or tion 302(a) of the Magnuson-Stevens Act. ded reconnaissance system. a replacement vessel under section 208(g) of ‘‘(B) COVERED VESSELS.—A covered vessel (b) The amount appropriated or otherwise the American Fisheries Act (title II of divi- referred to in subparagraph (A) is— made available by this title under the head- sion C of Public Law 105–277; 112 Stat. 2681– ‘‘(i) a vessel eligible under subsection (a), ing ‘‘AIRCRAFT PROCUREMENT, AIR FORCE’’ is 627) and is eligible for a fishery endorsement (b), or (c) that is replaced under paragraph hereby reduced by $32,000,000. under this section.’’. (1); or (b) CONFORMING AMENDMENTS.— ‘‘(ii) a vessel eligible under subsection (a), SA 1151. Mr. REID (for Mr. KENNEDY) (1) VESSEL REBUILDING AND REPLACEMENT.— (b), or (c) that is rebuilt to increase its reg- submitted an amendment intended to Subsection (g) of section 208 of the American istered length, gross tonnage, or shaft horse- be proposed by Mr. REID to the bill Fisheries Act (title II of division C of Public power. H.R. 2346, making supplemental appro- Law 105–277; 112 Stat. 2681–627) is amended to ‘‘(5) LIMITATION ON FISHERY ENDORSE- priations for the fiscal year ending read as follows: MENTS.—Any vessel that is replaced under September 30, 2009, and for other pur- ‘‘(g) VESSEL REBUILDING AND REPLACE- this subsection shall thereafter not be eligi- poses; which was ordered to lie on the MENT.— ble for a fishery endorsement under section ‘‘(1) IN GENERAL.— 12113 of title 46, United States Code, unless table; as follows: ‘‘(A) REBUILD OR REPLACE.—Notwith- that vessel is also a replacement vessel de- On page 31, between lines 3 and 4, insert standing any limitation to the contrary on scribed in paragraph (1). the following: replacing, rebuilding, or lengthening vessels ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith- SEC. 315. (a) Of the amounts appropriated or transferring permits or licenses to a re- standing paragraph (1), the Secretary shall or otherwise made available by title III of placement vessel contained in sections 679.2 prohibit from participation in the groundfish the Department of Defense Appropriations and 679.4 of title 50, Code of Federal Regula- fisheries of the Gulf of Alaska any vessel Act, 2009 (division C of Public Law 110–329) tions, as in effect on the date of enactment that is rebuilt or replaced under this sub- under the heading ‘‘RESEARCH, DEVELOP- of this subsection and except as provided in section and that exceeds the maximum MENT, TEST AND EVALUATION, ARMY’’ for the paragraph (4), the owner of a vessel eligible length overall specified on the license that Landmine Warfare and Barrier (PE 0603619A) under subsection (a), (b), (c), (d), or (e) (other authorizes fishing for groundfish pursuant to that remain available for obligation as of the than paragraph (21)), in order to improve ves- the license limitation program under part date of the enactment of this Act, $10,000,000 sel safety and operational efficiencies (in- 679 of title 50, Code of Federal Regulations, shall be transferred to ‘‘RESEARCH, DEVELOP- cluding fuel efficiency), may rebuild or re- as in effect on the date of enactment of this MENT, TEST AND EVALUATION, DEFENSE-WIDE’’ place that vessel (including fuel efficiency) subsection. and made available for Combating Terrorism with a vessel documented with a fishery en- ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth- Technical Support (PE 0603122D8Z). dorsement under section 12113 of title 46, ing in this section shall be construed to di- (b) Amounts transferred to ‘‘RESEARCH, DE- United States Code. minish or otherwise affect the authority of VELOPMENT, TEST AND EVALUATION, DEFENSE- ‘‘(B) SAME REQUIREMENTS.—The rebuilt or the Pacific Council to recommend to the WIDE’’ under subsection (a) shall be merged replacement vessel shall be eligible in the Secretary conservation and management with amounts under such heading, and shall same manner and subject to the same re- measures to protect fisheries under its juris- be made available for the purposes set forth strictions and limitations under such sub- diction (including the Pacific whiting fish- in such subsection, and subject to the same section as the vessel being rebuilt or re- ery) and participants in such fisheries from conditions and limitations, as amounts ap- placed. adverse impacts caused by this Act.’’. propriated or otherwise made available ‘‘(C) TRANSFER OF PERMITS AND LICENSES.— (2) EXEMPTION OF CERTAIN VESSELS.—Sec- under such heading for such purposes. Each fishing permit and license held by the tion 203(g) of the American Fisheries Act owner of a vessel or vessels to be rebuilt or (title II of division C of Public Law 105–277; SA 1152. Mrs. FEINSTEIN submitted replaced under subparagraph (A) shall be 112 Stat. 2681–620) is amended— an amendment intended to be proposed transferred to the rebuilt or replacement (A) by inserting ‘‘and’’ after ‘‘(United by her to the bill H.R. 2346, making vessel. States official number 651041)’’;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5735 (B) by striking ‘‘, NORTHERN TRAVELER LIMITATIONS ON PAKISTAN ASSISTANCE SA 1156. Mr. LIEBERMAN (for him- (United States official number 635986), and SEC. 1121. (a) None of the funds appro- self, Mr. GRAHAM, Mr. BEGICH, Mr. NORTHERN VOYAGER (United States offi- priated or otherwise made available by this THUNE, Mr. BURRIS, Mr. BENNETT, and cial number 637398) (or a replacement vessel Act may be obligated or expended to provide for the NORTHERN VOYAGER that com- Mr. CORNYN) submitted an amendment assistance to Pakistan unless the President intended to be proposed by him to the plies with paragraphs (2), (5), and (6) of sec- first certifies to the appropriate congres- tion 208(g) of this Act)’’; and sional committees that all measures have bill H.R. 2346, making supplemental ap- (C) by striking ‘‘, in the case of the been and will be taken to ensure that none of propriations for the fiscal year ending NORTHERN’’ and all that follows through such obligated or expended funds are used— September 30, 2009, and for other pur- ‘‘PHOENIX,’’. (1) to support, expand, or in any way assist poses; as follows: (3) FISHERY COOPERATIVE EXIT PROVISIONS.— in the development or deployment of the nu- At the end of title III, add the following: Section 210(b) of the American Fisheries Act clear weapons program of the Government of SEC. 315. (a) INCREASE IN FISCAL YEAR 2009 (title II of division C of Public Law 105–277; Pakistan; or AUTHORIZED END STRENGTH FOR ARMY ACTIVE 112 Stat. 2681–629) is amended— (2) to support programs or purposes for DUTY PERSONNEL.—Paragraph (1) of section (A) by moving the matter beginning with which such funds have not been specifically 401 of the Duncan Hunter National Defense ‘‘the Secretary shall’’ in paragraph (1) 2 ems appropriated by this Act. Authorization Act for Fiscal Year 2009 (Pub- to the right; and (b)(1) Not later than 90 days after the date lic Law 110–417; 122 Stat. 4428) is amended to (B) by adding at the end the following: of the enactment of this Act, and every 90 read as follows: ‘‘(7) FISHERY COOPERATIVE EXIT PROVI- days thereafter, the President shall submit ‘‘(1) The Army, 547,400.’’. SIONS.— to the appropriate congressional committees (b) INCREASE IN PERMANENT ACTIVE DUTY ‘‘(A) FISHING ALLOWANCE DETERMINATION.— a report— END STRENGTH MINIMUM LEVEL FOR ARMY For purposes of determining the aggregate (A) certifying whether or not any funds ap- PERSONNEL.—Paragraph (1) of section 691 of percentage of directed fishing allowances propriated or otherwise made available by title 10, United States Code, is amended to under paragraph (1), when a catcher vessel is this Act and obligated or expended during read as follows: removed from the directed pollock fishery, the reporting period to provide assistance to the fishery allowance for pollock for the ves- ‘‘(1) For the Army, 547,400.’’. Pakistan were used for the purposes de- (c) FUNDING.— sel being removed— scribed in paragraphs (1) and (2) of sub- (1) MILITARY PERSONNEL, ARMY.—The ‘‘(i) shall be based on the catch history de- section (a); and termination for the vessel made pursuant to amount appropriated by this title under the (B) describing the measures taken during section 679.62 of title 50, Code of Federal Reg- heading ‘‘MILITARY PERSONNEL, ARMY’’ is such reporting period to ensure that no obli- ulations, as in effect on the date of enact- hereby increased by $200,000,000, with the gated or expended funds were used for such ment of this paragraph; and amount of such increase to be available for purposes. ‘‘(ii) shall be assigned, for all purposes purposes of costs of personnel in connection (2) Each report submitted under paragraph with personnel of the Army on active duty in under this title, in the manner specified by (1) shall be submitted in unclassified form, the owner of the vessel being removed to any excess of 547,400 personnel of the Army. but may include a classified annex. (2) OPERATION AND MAINTENANCE, ARMY.— other catcher vessel or among other catcher (c) In this section, the term ‘‘appropriate vessels participating in the fishery coopera- The amount appropriated by this title under congressional committees’’ means— the heading ‘‘OPERATION AND MAINTENANCE, tive if such vessel or vessels remain in the (1) the Committees on Armed Services, fishery cooperative for at least one year ARMY’’ is hereby increased by $200,000,000, Foreign Relations, and Appropriations of the with the amount of such increase to be avail- after the date on which the vessel being re- Senate; and moved leaves the directed pollock fishery. able for purposes of costs of operation and (2) the Committees on Armed Services, maintenance in connection with personnel of ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE- Foreign Affairs, and Appropriations of the the Army on active duty in excess of 547,400 MENT.—Except as provided in subparagraph House of Representatives. (C), a vessel that is removed pursuant to this personnel of the Army. (3) LIMITATION ON AVAILABILITY.—Amounts paragraph shall be permanently ineligible SA 1155. Mr. NELSON of Florida (for for a fishery endorsement, and any claim (in- appropriated by paragraphs (1) and (2) shall himself and Ms. LANDRIEU) submitted be available only for the purposes specified cluding relating to catch history) associated an amendment intended to be proposed with such vessel that could qualify any in such paragraph. owner of such vessel for any permit to par- by him to the bill H.R. 2346, making (4) EMERGENCY REQUIREMENT.—For pur- ticipate in any fishery within the exclusive supplemental appropriations for the poses of Senate enforcement, the amounts economic zone of the United States shall be fiscal year ending September 30, 2009, appropriated by paragraphs (1) and (2) are extinguished, unless such removed vessel is and for other purposes; which was or- designated as an emergency requirement and thereafter designated to replace a vessel to dered to lie on the table; as follows: necessary to meet emergency needs pursuant be removed pursuant to this paragraph. to section 403 of S. Con Res. 13 (111th Con- On page 44, between lines 14 and 15, insert gress), the concurrent resolution on the ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC- the following: budget for fiscal year 2010. TION.—Nothing in this paragraph shall be CONSUMER PRODUCT SAFETY COMMISSION construed— ‘‘(i) to make the vessels AJ (United States For an additional amount for the Con- SA 1157. Mr. LIEBERMAN (for him- official number 905625), DONA MARTITA sumer Product Safety Commission, self and Mr. GRAHAM) submitted an (United States official number 651751), NOR- $2,000,000, to remain available until ex- amendment intended to be proposed by DIC EXPLORER (United States official num- pended, to investigate the public health and him to the bill S. 2346, making supple- ber 678234), and PROVIDIAN (United States environmental impacts of drywall products mental appropriations for the fiscal official number 1062183) ineligible for a fish- imported from the People’s Republic of China: Provided, That of the funds provided year ending September 30, 2009, and for ery endorsement or any permit necessary to other purposes; as follows: participate in any fishery under the author- under this heading, not less than $1,500,000 At the appropriate place, insert the fol- ity of the New England Fishery Management shall be expended to analyze such drywall lowing: Council or the Mid-Atlantic Fishery Manage- products: Provided further, That of the funds ment Council established, respectively, provided under this heading, not less than SEC. lll. DETAINEE PHOTOGRAPHIC RECORDS under subparagraphs (A) and (B) of section $105,000 shall be expended to carry out a cam- PROTECTION. 302(a)(1) of the Magnuson-Stevens Act; or paign to educate the general public about (a) SHORT TITLE.—This section may be ‘‘(ii) to allow the vessels referred to in the public health and environmental impacts cited as the ‘‘Detainee Photographic Records clause (i) to participate in any fishery under of defective drywall products: Provided fur- Protection Act of 2009’’. the authority of the Councils referred to in ther, That the Commission shall, not later (b) DEFINITIONS.—In this section: clause (i) in any manner that is not con- than 60 days after the date of the enactment (1) COVERED RECORD.—The term ‘‘covered sistent with the fishery management plan of this Act, submit to the Committee on Ap- record’’ means any record— for the fishery developed by the Councils propriations of the Senate and the Com- (A) that is a photograph relating to the under section 303 of the Magnuson-Stevens mittee on Appropriations of the House of treatment of individuals engaged, captured, Act.’’. Representatives a report specifying the find- or detained after September 11, 2001, by the ings of the investigation required under this Armed Forces of the United States in oper- SA 1154. Mr. WEBB submitted an heading and outlining the progress made in ations outside of the United States; and amendment intended to be proposed by that investigation: Provided further, That for (B) for which a certification by the Sec- him to the bill H.R. 2346, making sup- purposes of Senate enforcement, the amount retary of Defense under subsection (c) is in under this heading is designated as an emer- effect. plemental appropriations for the fiscal gency requirement and necessary to meet (2) PHOTOGRAPH.—The term ‘‘photograph’’ year ending September 30, 2009, and for emergency needs pursuant to section 403 of encompasses all photographic images, other purposes; which was ordered to S. Con. Res. 13 (111th Congress), the concur- whether originals or copies, including still lie on the table; as follows: rent resolution on the budget for fiscal year photographs, negatives, digital images, At the end of title XI, insert the following: 2010. films, video tapes, and motion pictures.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5736 CONGRESSIONAL RECORD — SENATE May 20, 2009 (c) CERTIFICATION.— increase to be available for assistance for him to the bill H.R. 2346, making sup- (1) IN GENERAL.—For any photograph de- Georgia. plemental appropriations for the fiscal scribed under subsection (b)(1)(A), the Sec- (b) SOURCE OF FUNDS.—The amount of the year ending September 30, 2009, and for retary of Defense shall submit a certifi- increase in subsection (a) shall be derived from amounts appropriated or otherwise other purposes; which was ordered to cation, in classified form to the extent ap- lie on the table; as follows: propriate, to the President, if the Secretary made available by this title, other than of Defense, in consultation with the Chair- amounts under the heading ‘‘Europe, Eurasia On page 97, line 11, insert after the period: man of the Joint Chiefs of Staff, determines and Central Asia’’ and available for assist- CONTINGENCIES that the disclosure of that photograph would ance for Georgia. SEC. ll. During fiscal years 2009 and 2010, endanger— the President may use up to $100,000,000 (A) citizens of the United States; or SA 1160. Mr. HARKIN submitted an under the authority of section 451 of the For- (B) members of the Armed Forces or em- amendment intended to be proposed by eign Assistance Act of 1961, notwithstanding ployees of the United States Government de- him to the bill H.R. 2346, making sup- the funding ceiling in section 451(a): Pro- ployed outside the United States. plemental appropriations for the fiscal vided, That when relying on the authority of (2) CERTIFICATION EXPIRATION.—A certifi- year ending September 30, 2009, and for section 451 of the Foreign Assistance Act cation submitted under paragraph (1) and a other purposes; which was ordered to during such fiscal years, the Millennium renewal of a certification submitted under lie on the table; as follows: Challenge Act of 2003 (22 U.S.C. 7701 et seq) shall be deemed a provision of the Foreign paragraph (2) shall expire 5 years after the On page 106, between lines 14 and 15, insert date on which the certification or renewal, Assistance Act of 1961 for the purpose of pro- the following: viding for unanticipated contingenies. as the case may be, is submitted to the SEC. 1303. (a) EFFORTS TO REDUCE THE President. WORST FORMS OF CHILD LABOR.—The Sec- SA 1164. Mr. ISAKSON (for himself, (3) CERTIFICATION RENEWAL.—The Sec- retary of the Treasury shall instruct the Mr. CHAMBLISS, Mr. DODD, and Mr. retary of Defense may submit to the Presi- United States Executive Director of the dent— International Monetary Fund to promote LIEBERMAN) submitted an amendment (A) a renewal of a certification in accord- policies and practices to reduce the worst intended to be proposed by him to the ance with paragraph (1) at any time; and forms of child labor (as defined in section bill H.R. 2346, making supplemental ap- (B) more than 1 renewal of a certification. 507(6) of the Trade Act of 1974 (19 U.S.C. propriations for the fiscal year ending (d) NONDISCLOSURE OF DETAINEE 2467(6))) through education and other means, September 30, 2009, and for other pur- RECORDS.—A covered record shall not be sub- such as promoting the need for members of poses; as follows: ject to— the Fund to develop and implement national At the end of title V, insert the following: (1) disclosure under section 552 of title 5, action plans to combat the worst forms of United States Code (commonly referred to as child labor. SEC. 504. CREDIT FOR CERTAIN HOME PUR- CHASES. the Freedom of Information Act); or (b) REPORT.—Not later than one year after (a) ELIMINATION OF FIRST-TIME HOMEBUYER (2) disclosure under any proceeding under the date of the enactment of this Act, the REQUIREMENT.— Secretary of the Treasury shall submit to that section. (1) IN GENERAL.—Subsection (a) of section FFECTIVE DATE.—This section shall the Committee on Foreign Relations and the (e) E 36 of the Internal Revenue Code of 1986 is Committee on Appropriations of the Senate take effect on the date of enactment of this amended by striking ‘‘who is a first-time Act and apply to any photograph created be- and the Committee on Financial Services and the Committee on Appropriations of the homebuyer of a principal residence’’ and in- fore, on, or after that date that is a covered serting ‘‘who purchases a principal resi- record. House of Representatives a report describing the efforts of the International Monetary dence’’. (2) CONFORMING AMENDMENTS.— SA 1158. Mrs. HUTCHISON (for her- Fund to reduce the worst forms of child labor. (A) Subsection (c) of section 36 of such self and Mrs. FEINSTEIN) submitted an Code is amended by striking paragraph (1) amendment intended to be proposed by SA 1161. Mr. BROWN submitted an and by redesignating paragraphs (2), (3), (4), her to the bill S. 2346, making supple- amendment intended to be proposed by and (5) as paragraphs (1), (2), (3), and (4), respectively. mental appropriations for the fiscal him to the bill H.R. 2346, making sup- year ending September 30, 2009, and for (B) Section 36 of such Code is amended by plemental appropriations for the fiscal striking ‘‘FIRST-TIME HOMEBUYER CRED- other purposes; which was ordered to year ending September 30, 2009, and for lie on the table; as follows: IT’’ in the heading and inserting ‘‘HOME other purposes; as follows: PURCHASE CREDIT’’. At the appropriate place, insert the fol- On page 106, between lines 14 and 15, insert (C) The table of sections for subpart C of lowing: the following: part IV of subchapter A of chapter 1 of such SEC. ll. EXTENSION OF FEDERAL REIMBURSE- SEC. 1303. (a) EXEMPTION OF CERTAIN GOV- Code is amended by striking the item relat- MENT OF EMERGENCY HEALTH ERNMENT SPENDING FROM INTERNATIONAL ing to section 36 and inserting the following SERVICES FURNISHED TO UNDOCU- MONETARY FUND RESTRICTIONS.—The Sec- new item: MENTED ALIENS. retary of the Treasury shall instruct the (a) IN GENERAL.—Section 1011(a)(1) of the ‘‘Sec. 36. Home purchase credit.’’. Medicare Prescription Drug, Improvement, United States Executive Director of the (D) Subparagraph (W) of section 26(b)(2) of International Monetary Fund to oppose any and Modernization Act of 2003 (42 U.S.C. such Code is amended by striking ‘‘home- loan, project, agreement, memorandum, in- 1395dd note) is amended by striking ‘‘2008’’ buyer credit’’ and inserting ‘‘home purchase strument, plan, or other program of the and inserting ‘‘2009’’. credit’’. Fund that does not exempt spending on (b) EMERGENCY DESIGNATION.—For purposes (b) ELIMINATION OF RECAPTURE EXCEPT FOR of Senate enforcement, the amount made health care, education, food aid, and other HOMES SOLD WITHIN 3 YEARS.—Subsection (f) available for fiscal year 2009 under section critical safety net programs by the govern- of section 36 of the Internal Revenue Code of ments of heavily indebted poor countries 1011(a)(1) of the Medicare Prescription Drug, 1986 is amended to read as follows: from national budget caps or restraints, hir- Improvement, and Modernization Act of 2003 ‘‘(f) RECAPTURE OF CREDIT IN THE CASE OF ing or wage bill ceilings, or other limits on (42 U.S.C. 1395dd note), as amended by this CERTAIN DISPOSITIONS.— government spending sought by the Fund. section, is designated as an emergency re- ‘‘(1) IN GENERAL.—In the event that a tax- (b) CONFORMING REPEAL.—Section 7030 of payer— quirement and necessary to meet emergency the Omnibus Appropriations Act, 2009 (Pub- needs pursuant to section 403 of S. Con Res. ‘‘(A) disposes of the principal residence lic Law 111–8; 123 Stat. 874) is amended by with respect to which a credit was allowed 13 (111th Congress), the concurrent resolu- striking subsection (c) and redesignating tion on the budget for fiscal year 2010. under subsection (a), or subsection (d) as subsection (c). ‘‘(B) fails to occupy such residence as the taxpayer’s principal residence, SA 1159. Mr. MCCAIN (for himself, SA 1162. Mr. GREGG submitted an Mr. LUGAR, and Mr. LIEBERMAN)) sub- amendment intended to be proposed by at any time within 36 months after the date mitted an amendment intended to be on which the taxpayer purchased such resi- him to the bill H.R. 2346, making sup- dence, then the tax imposed by this chapter proposed by him to the bill S. 2346, plemental appropriations for the fiscal making supplemental appropriations for the taxable year during which such dis- year ending September 30, 2009, and for position occurred or in which the taxpayer for the fiscal year ending September 30, other purposes; which was ordered to failed to occupy the residence as a principal 2009, and for other purposes; which was lie on the table; as follows: residence shall be increased by the amount ordered to lie on the table; as follows: On page 107, line 1, strike ‘‘section’’ and in- of such credit. At the end of title XI, add the following: sert ‘‘title’’ ‘‘(2) EXCEPTIONS.— SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- On page 107, line 5, strike ‘‘Ways and ‘‘(A) DEATH OF TAXPAYER.—Paragraph (1) SISTANCE FOR GEORGIA.—The amount appro- Means’’ and insert ‘‘Financial Services’’ shall not apply to any taxable year ending priated by this title under the heading ‘‘Eu- after the date of the taxpayer’s death. rope, Eurasia and Central Asia’’ is hereby in- SA 1163. Mr. GREGG submitted an ‘‘(B) INVOLUNTARY CONVERSION.—Paragraph creased by $42,500,000, with the amount of the amendment intended to be proposed by (1) shall not apply in the case of a residence

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5737

which is compulsorily or involuntarily con- for International Development should en- (b) SPECIAL SUPPLEMENTAL NUTRITION PRO- verted (within the meaning of section hance United States reconstruction efforts GRAM FOR WOMEN, INFANTS, AND CHILDREN.— 1033(a)) if the taxpayer acquires a new prin- in Afghanistan by— Section 17(d)(2) of the Child Nutrition Act of cipal residence within the 2-year period be- (1) identifying lessons learned from pre- 1966 (42 U.S.C. 1786(d)(2)) is amended— ginning on the date of the disposition or ces- vious United States reconstruction efforts, (1) by redesignating subparagraph (C) as sation referred to in such paragraph. Para- including in democracy and governance, pub- subparagraph (D); and graph (1) shall apply to such new principal lic administration, agriculture and rural de- (2) by inserting after subparagraph (B) the residence during the remainder of the 36- velopment, energy, justice and law enforce- following: month period described in such paragraph as ment, health care, and basic, vocational and ‘‘(C) COMBAT PAY.—For the purpose of de- if such new principal residence were the con- higher education, and developing new ap- termining income eligibility under this sec- verted residence. proaches in these areas which emphasize cation, a State agency shall exclude from in- ‘‘(C) TRANSFERS BETWEEN SPOUSES OR INCI- pacity building and support of Afghan enti- come any additional payment under chapter DENT TO DIVORCE.—In the case of a transfer of ties and institutions at the provincial and 5 of title 37, United States Code, or otherwise a residence to which section 1041(a) applies— sub-provincial levels; designated by the Secretary to be appro- ‘‘(i) paragraph (1) shall not apply to such (2) requiring civilian Provincial Recon- priate for exclusion under this subparagraph, transfer, and struction Team (PRT) leaders to have reg- that is received by or from a member of the ‘‘(ii) in the case of taxable years ending ular consultations with appropriate local United States Armed Forces deployed to a after such transfer, paragraph (1) shall apply counterparts in their respective provinces designated combat zone, if the additional to the transferee in the same manner as if and ensuring that PRT reconstruction and pay— such transferee were the transferor (and development activities support local needs in ‘‘(i) is the result of deployment to or serv- shall not apply to the transferor). a sustainable manner; and ice in a combat zone; and ‘‘(D) RELOCATION OF MEMBERS OF THE (3) directing the PRTs, as appropriate and ‘‘(ii) was not received immediately prior to ARMED FORCES.—Paragraph (1) shall not with due regard to the safety of United serving in a combat zone.’’. apply in the case of a member of the Armed States personnel, to provide a mechanism for Forces of the United States on active duty local people to lodge complaints regarding SA 1168. Mr. LEAHY submitted an who moves pursuant to a military order and corruption or other misconduct by Afghan or amendment intended to be proposed by incident to a permanent change of station. foreign officials when such complaints can- him to the bill H.R. 2346, making sup- ‘‘(3) JOINT RETURNS.—In the case of a credit not be safely and adequately lodged with plemental appropriations for the fiscal allowed under subsection (a) with respect to local law enforcement officials. year ending September 30, 2009, and for a joint return, half of such credit shall be other purposes; which was ordered to treated as having been allowed to each indi- SA 1166. Mr. LAUTENBERG (for him- vidual filing such return for purposes of this self and Ms. SNOWE) submitted an lie on the table; as follows: subsection. amendment intended to be proposed by In section 1108(a), strike ‘‘and prosecute’’ ‘‘(4) RETURN REQUIREMENT.—If the tax im- him to the bill H.R. 2346, making sup- and insert ‘‘, prosecute, and punish’’. posed by this chapter for the taxable year is plemental appropriations for the fiscal SA 1169. Mr. LEAHY (for himself, Mr. increased under this subsection, the tax- year ending September 30, 2009, and for BROWN, and Mr. CASEY) submitted an payer shall, notwithstanding section 6012, be other purposes; which was ordered to required to file a return with respect to the amendment intended to be proposed by taxes imposed under this subtitle.’’. lie on the table; as follows: him to the bill H.R. 2346, making sup- (c) EXPANSION OF APPLICATION PERIOD.— At the appropriate place, insert the fol- plemental appropriations for the fiscal lowing: Subsection (h) of section 36 of the Internal year ending September 30, 2009, and for SEC. ll. TECHNICAL CORRECTION TO STATE Revenue Code of 1986 is amended by striking other purposes; as follows: ‘‘December 1, 2009’’ and inserting ‘‘June 1, MARITIME ACADEMIES STUDENT IN- 2010’’. CENTIVE PROGRAM. At the end of title XI, add the following: (d) ELECTION TO TREAT PURCHASE IN PRIOR Section 51509(b) of title 46, United States SRI LANKA Code, is amended— YEAR.—Subsection (g) of section 36 of the In- SEC. 1121. (a) The Secretary of the Treas- ternal Revenue Code of 1986 is amended by (1) by striking ‘‘and be paid before the ury shall instruct the United States Execu- striking ‘‘December 1, 2009’’ and inserting start of each academic year, as prescribed by tive Directors of the international financial ‘‘June 1, 2010’’. the Secretary,’’; and institutions (as defined in section 1701(c)(2) (e) ELIMINATION OF INCOME LIMITATION.— (2) by striking ‘‘academy.’’ and inserting of the International Financial Institutions Subsection (b) of section 36 of the Internal ‘‘academy, as prescribed by the Secretary.’’. Act (22 U.S.C. 262r(c)(2))) to vote against any Revenue Code of 1986 is amended to read as SA 1167. Mr. BENNET (for himself, loan, agreement, or other financial support follows: for Sri Lanka, except for basic human needs, ‘‘(b) DOLLAR LIMITATION.— Mr. CASEY, and Mr. JOHANNS) sub- unless the Secretary of State certifies to the ‘‘(1) IN GENERAL.—Except as otherwise pro- mitted an amendment intended to be Committees on Appropriations that the Gov- vided in this subsection, the credit allowed proposed by him to the bill H.R. 2346, ernment of Sri Lanka is respecting the under subsection (a) shall not exceed $8,000. making supplemental appropriations rights of internally displaced persons, ac- ‘‘(2) MARRIED INDIVIDUALS FILING SEPA- for the fiscal year ending September 30, counting for persons detained in the conflict, RATELY.—In the case of a married individual 2009, and for other purposes; as follows: providing access to affected areas and popu- filing a separate return, paragraph (1) shall On page 4, between lines 2 and 3, insert the lations by humanitarian organizations and be applied by substituting ‘$4,000’ for ‘$8,000’. following: the media, and implementing policies to pro- ‘‘(3) OTHER INDIVIDUALS.—If two or more in- mote reconciliation and justice, including dividuals who are not married purchase a SEC. 103. MILITARY FAMILY NUTRITION PROTEC- TION. devolution of power to local bodies as pro- principal residence, the amount of the credit (a) CHILD NUTRITION PROGRAMS.—Section vided for in the Constitution of Sri Lanka. allowed under subsection (a) shall be allo- 9(b) of the Richard B. Russell National (b) The requirement under subsection (a) cated among such individuals in such man- School Lunch Act (42 U.S.C. 1758(b)) is shall not apply to balance of payments sup- ner as the Secretary may prescribe, except amended by adding at the end the following: port to the Central Bank of Sri Lanka if the that the total amount of the credits allowed ‘‘(14) COMBAT PAY.— Secretary of the Treasury certifies to the to all such individuals shall not exceed ‘‘(A) DEFINITION OF COMBAT PAY.—In this Committees on Appropriations that such $8,000.’’. paragraph, the term ‘combat pay’ means any payments are necessary to prevent signifi- (f) EFFECTIVE DATE.—The amendments additional payment under chapter 5 of title cant and imminent hardship among the gen- made by this section shall apply to resi- 37, United States Code, or otherwise des- eral population of Sri Lanka. dences purchased on or after the date of the ignated by the Secretary to be appropriate (c) Not later than 90 days after the date of enactment of this Act. for exclusion under this paragraph, that is the enactment of this Act, the Secretary of received by or from a member of the United State shall submit a report to the Commit- SA 1165. Mrs. GILLIBRAND sub- States Armed Forces deployed to a des- tees on Appropriations detailing incidents mitted an amendment intended to be ignated combat zone, if the additional pay— during the conflict in Sri Lanka that may proposed by her to the bill H.R. 2346, ‘‘(i) is the result of deployment to or serv- constitute violations of international hu- making supplemental appropriations ice in a combat zone; and manitarian law or crimes against humanity, for the fiscal year ending September 30, ‘‘(ii) was not received immediately prior to and, to the extent practicable, identifying the parties responsible. 2009, and for other purposes; which was serving in a combat zone. ordered to lie on the table; as follows: ‘‘(B) EXCLUSION.—Combat pay shall not be Mr. LEAHY submitted an considered to be income for the purpose of SA 1170. At the end of title XI, insert the following: determining the eligibility for free or re- amendment intended to be proposed by CIVILIAN ASSISTANCE IN AFGHANISTAN duced price meals of a child who is a member him to the bill H.R. 2346, making sup- SEC. 1121. The Secretary of State and the of the household of a member of the United plemental appropriations for the fiscal Administrator of the United States Agency States Armed Forces.’’. year ending September 30, 2009, and for

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5738 CONGRESSIONAL RECORD — SENATE May 20, 2009 other purposes; which was ordered to SEC. 1302. The Bretton Woods Agreements was approved by such Board on October 22, lie on the table; as follows: Act (22 U.S.C. 286 et seq.) is amended by add- 1997: Provided, That not more than one year ing at the end the following: after the acceptance of such amendments to On page 102, line 9, strike ‘‘In’’ and every- the Fund’s Articles of Agreement, the Sec- thing thereafter through the end of line 14 on ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE retary of the Treasury shall submit a report page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE FUND. to the Committee on Foreign Relations and lowing: ‘‘The United States Governor of the Fund In order to carry out the purposes of a one- the Committee on Banking, Housing, and may agree to and accept the amendments to time decision of the Executive Directors of Urban Affairs of the Senate and the Com- the Articles of Agreement of the Fund as the International Monetary Fund (the Fund) mittee on Financial Services of the House of proposed in the resolutions numbered 63–2 to expand the resources of the New Arrange- Representatives analyzing Special Drawing and 63–3 of the Board of Governors of the ments to Borrow, established pursuant to the Rights, to include a discussion of how those Fund which were approved by such Board on decision of January 27, 1997 referred to in countries that significantly use or acquire April 28, 2008 and May 5, 2008, respectively.’’ paragraph (1) above, and to make other Special Drawing Rights in accordance with amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. Article XIX, Section 2(c), use or acquire Borrow to achieve an expanded and more ‘‘(a) IN GENERAL.—The United States Gov- them; the extent to which countries experi- flexible New Arrangements to Borrow as con- ernor of the Fund may consent to an in- encing balance of payment difficulties ex- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in change or use their Special Drawing Rights ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special to acquire reserve currencies; and the man- Secretary of the Treasury is authorized to Drawing Rights. ner in which those reserve currencies are ac- instruct the United States Executive Direc- (b) SUBJECT TO APPROPRIATIONS.—The au- quired when utilizing Special Drawing tor to consent to such amendments notwith- thority provided by subsection (a) shall be Rights.’’ effective only to such extent or in such standing subsection (d) of this section, and Mr. LEAHY submitted an to make loans, in an amount not to exceed amounts as are provided in advance in appro- SA 1171. the dollar equivalent of 75,000,000,000 Special priations Acts.’’ amendment intended to be proposed by Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT him to the bill H.R. 2346, making sup- previously authorized under this section and OF THE FUND’S GOLD. plemental appropriations for the fiscal limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- year ending September 30, 2009, and for advance in appropriations Acts, except that thorized to instruct the United States Exec- other purposes; which was ordered to prior to activation, the Secretary of the utive Director of the Fund to vote to approve lie on the table; as follows: Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the Fund’s gold acquired since the second On page 101, line 5, strike ‘‘section 17(a)(ii) supplementary resources are needed to fore- and (b)(ii)’’ and insert ‘‘section 17(a)(2) and stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- ment, only if such sales are consistent with (b)(2)’’. international monetary system and whether On page 105, beginning on line 25, strike the guidelines agreed to by the Executive the Fund has fully explored other means of ‘‘the chairman’’ and all that follows through Board of the Fund described in the Report of funding, to the Fund under article VII, sec- ‘‘thereof,’’ on page 106, line 5, and insert ‘‘the the Managing Director to the International tion 1(i), of the Articles of Agreement of the Committee on Foreign Relations and the Monetary and Financial Committee on a Fund: Provided, That prior to instructing Committee on Banking, Housing, and Urban New Income and Expenditure Framework for the United States Executive Director to pro- Affairs of the Senate and the Committee on the International Monetary Fund (April 9, vide consent to such amendments, the Sec- Financial Services of the House of Rep- 2008) to prevent disruption to the world gold retary of the Treasury shall consult with the resentatives’’. Committee on Foreign Relations and the market: Provided, That at least 30 days prior Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult SA 1172. Mr. VITTER (for himself Affairs of the Senate and the Committee on with the Committee on Foreign Relations and Ms. LANDRIEU) submitted an Financial Services of the House of Rep- and the Committee on Banking, Housing, resentatives on the amendments to be made and Urban Affairs of the Senate and the amendment intended to be proposed by to the New Arrangements to Borrow, includ- Committee on Financial Services of the him to the bill H.R. 2346, making sup- ing guidelines and criteria governing the use House of Representatives regarding the use plemental appropriations for the fiscal of its resources; the countries that have of proceeds from the sale of such gold: Pro- year ending September 30, 2009, and for made commitments to contribute to the New vided further, That the Secretary of the other purposes; which was ordered to Arrangements to Borrow and the amount of Treasury shall seek to ensure that: lie on the table; as follows: (1) the Fund will provide support to low-in- such commitments; and the steps taken by At the end of title IV, add the following: the United States to expand the number of come countries that are eligible for the Pov- SEC. 4ll. LAKE PONTCHARTRAIN, LOUISIANA. countries so the United States share of the erty Reduction and Growth Facility or other (a) AUTHORITY OF SECRETARY OF THE expanded New Arrangements to Borrow is low-income lending from the Fund by mak- ARMY.—The project authorized by section 204 representative of its share as of the date of ing available Fund resources of not less than of Flood Control Act of 1965 (Public Law 89– enactment of this act: Provided further, $4 billion; 298; 79 Stat. 1077) and modified by section That any loan under the authority granted (2) such Fund resources referenced above 7012(a)(2) of the Water Resources Develop- in this subsection shall be made with due re- will be used to leverage additional support ment Act of 2007 (Public Law 110–114; 121 gard to the present and prospective balance by a significant multiple to provide loans Stat. 1279), is further modified to authorize of payments and reserve position of the with substantial concessionality and debt the Secretary of the Army to construct a United States.’’ and service payment relief and or grants, as ap- pumping station that shall be specifically (2) in subsection (b) propriate to a country’s circumstances; designed to evacuate storm water from the (A) by inserting ‘‘(1)’’ before ‘‘For the pur- (3) support provided through forgiveness of area known as Hoey’s Basin, as— pose of’; interest on concessional loans will be pro- (B) by inserting ‘‘subsection (a)(1) of’’ after vided for not less than two years; and (1) generally described in the report enti- ‘‘pursuant to’’; and (4) the support provided to low-income tled ‘‘U.S. Army Corps of Engineers Indi- (C) by adding at the end the following: countries occurs within six years, a substan- vidual Environmental Report #5; Permanent ‘‘(2) For the purpose of making loans to the tial amount of which shall occur within the Protection System for the Outfall Canals International Monetary Fund pursuant to initial two years. Project on 17th Street, Orleans Avenue, and subsection (a)(2) of this section, there is (b) In addition to agreeing to and accepting London Avenue Canals’’; and hereby authorized to be appropriated not to the amendments referred to in section 64 of (2) more specifically described under the exceed the dollar equivalent of 75,000,000,000 this act relating to the use of proceeds from ‘‘Pump to the Mississippi River’’ option con- Special Drawing Rights, in addition to any the sale of such gold, the United States Gov- tained in the report described in paragraph amounts previously authorized under this ernor is authorized, consistent with sub- (1). section, except that prior to activation the section (a), to take such actions as may be (b) AUTHORIZED COST.—The total cost of Secretary of the Treasury shall report to necessary, including those referred to in sec- the project authorized under subsection (a) Congress on whether supplementary re- tion 5(e) of this act, to also use such proceeds shall be $205,000,000. (c) FEDERAL SHARE.—The Federal share of sources are needed to forestall or cope with for the purpose of assisting low-income coun- the cost of the project authorized under sub- an impairment of the international mone- tries.’’ section (a) shall be 100 percent of the total tary system and whether the Fund has fully ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE cost of the project. explored other means of funding, to remain ARTICLES OF AGREEMENT OF THE available until expended to meet calls by the FUND. Mr. CORKER (for himself Fund. Any payments made to the United ‘‘The United States Governor of the Fund SA 1173. States by the Fund as a repayment on ac- may agree to and accept the amendment to and Mr. GRAHAM, Mr. LIEBERMAN, Mr. count of the principal of a loan made under the Articles of Agreement of the Fund as LUGAR, Mr. ISAKSON, Ms. COLLINS, and this section shall continue to be available for proposed in the resolution numbered 54–4 of Mr. BENNETT) submitted an amend- loans to the Fund.’’. the Board of Governors of the Fund which ment intended to be proposed by him

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5739 to the bill H.R. 2346, making supple- SA 1175. Mrs. HUTCHISON submitted grants awarded using amounts made avail- mental appropriations for the fiscal an amendment intended to be proposed able under this paragraph may be used to re- year ending September 30, 2009, and for by her to the bill H.R. 2346, making develop housing properties damaged or de- other purposes; as follows: supplemental appropriations for the stroyed during the period beginning on Janu- ary 1, 2004, and ending on December 31, 2008, On page 97, between lines 11 and 12, insert fiscal year ending September 30, 2009, by a major disaster (as defined in section 102 the following: and for other purposes; which was or- of the Robert T. Stafford Disaster Relief and AFGHANISTAN AND PAKISTAN POLICY dered to lie on the table; as follows: Emergency Assistance Act (42 U.S.C. 5122)):’’ On page 39, strike lines 6 through 23 and in- after ‘‘demolished or vacant properties as SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN sert the following: housing:’’. AND PAKISTAN.—Not later than 30 days after (Public Law 111–8; 123 Stat. 619) is amended— the date of the enactment of this Act, the (1) in the ninth proviso— SA 1178. Mr. CARDIN submitted an President, based on information gathered (A) by striking ‘‘or (d)’’ and inserting and coordinated by the National Security amendment intended to be proposed by ‘‘(d)’’; and Council, shall develop and submit to the ap- him to the bill H.R. 2346, making sup- (B) by striking ‘‘the guarantee’’ and insert- propriate committees of Congress the fol- plemental appropriations for the fiscal ing ‘‘the guarantee; (e) contracts, leases or lowing: year ending September 30, 2009, and for other agreements entered into prior to May (1) A clear statement of the objectives of 1, 2009 for front-end nuclear fuel cycle other purposes; which was ordered to United States policy with respect to Afghan- projects, where such project licenses tech- lie on the table; as follows: istan and Pakistan. nology from the Department of Energy, and At the appropriate place, insert the fol- (2) Metrics to be utilized to assess progress pays royalties to the federal government for lowing: toward achieving the objectives developed such license and the amount of such royal- under paragraph (1). PRESCRIPTION OF ANTIDEPRESSANTS FOR ties will exceed the amount of federal spend- TROOPS SERVING IN IRAQ AND AFGHANISTAN (b) REPORTS.— ing, if any, under such contracts, leases or (1) IN GENERAL.—Not later than March 30, SEC. ll. (a) Not later than December 31, agreements; or (f) grants or cooperative 2009, the Secretary of Defense shall submit 2010 and every 90 days thereafter, the Presi- agreements, to the extent that obligations of dent, on the basis of information gathered to Congress a report on the numbers and per- such grants or cooperative agreements have centages of troops that have served or are and coordinated by the National Security been recorded in accordance with section Council and in consultation with Coalition serving in Iraq and Afghanistan who have 1501(a)(5) of title 31, United States Code, on been prescribed antidepressants, including partners as appropriate, shall submit to the or before May 1, 2009’’; and appropriate committees of Congress a report psychotropic drugs such as Selective Sero- (2) in the tenth proviso, by striking ‘‘Pro- tonin Reuptake Inhibitors (SSRIs). setting forth the following: vided further,’’ and inserting ‘‘Provided fur- (A) A description and assessment of the (b)(1) The Institute of Medicine shall con- ther, That the Secretary of Energy may use duct a study on the potential relationship progress of United States Government ef- unobligated funds from undersubscribed forts, including those of the Department of between the increased number of suicides technologies supported under the Title 17 In- and attempted suicides by members of the Defense, the Department of State, the novative Technology Loan Guarantee Pro- United States Agency for International De- Armed Forces and the increased number of gram for oversubscribed technologies, as de- antidepressants, other psychotropics, and velopment, and the Department of Justice, termined by the Secretary, in a manner that, in achieving the objectives for Afghanistan other behavior modifying prescription medi- to the maximum extent practicable, is tech- cations being prescribed, including any com- and Pakistan developed under subsection nology-neutral: Provided further,’’. (a)(1). bination or interactions of such prescrip- (B) Any modification of the metrics devel- tions. The Department of Defense shall im- SA 1176. Mrs. HUTCHISON submitted mediately make available to the Institute of oped under subsection (a)(2) in light of cir- an amendment intended to be proposed cumstances in Afghanistan or Pakistan, to- Medicine all data necessary to complete the gether with a justification for such modifica- by her to the bill H.R. 2346, making study. tion. supplemental appropriations for the (2) Not later than one year after the date of (C) Recommendations for the additional fiscal year ending September 30, 2009, the enactment of this Act, the Institute of resources or authorities, if any, required to and for other purposes; which was or- Medicine shall submit to Congress a report achieve such objectives for Afghanistan and dered to lie on the table; as follows: on the findings of the study conducted pursuant to paragraph (1). Pakistan. On page 49, between lines 12 and 13, insert (2) FORM.—Each report under this sub- the following: section may be submitted in classified or un- SA 1179. Mr. KAUFMAN (for himself, SEC. 607. DISASTER ASSISTANCE DIRECT LOAN Mr. LUGAR, and Mr. REED) submitted classified form. Any report submitted in PROGRAM ACCOUNT. classified form shall include an unclassified Title VI of division A of the American Re- an amendment intended to be proposed annex or summary of the matters contained covery and Reinvestment Act of 2009 (Public by him to the bill H.R. 2346, making in the report. Law 111–5; 123 Stat. 164) is amended under supplemental appropriations for the (3) APPROPRIATE COMMITTEES OF CONGRESS the heading ‘‘DISASTER ASSISTANCE DIRECT fiscal year ending September 30, 2009, DEFINED.—In this subsection, the term ‘‘ap- LOAN PROGRAM ACCOUNT’’ under the heading and for other purposes; as follows: propriate committees of Congress’’ means— ‘‘FEDERAL EMERGENCY MANAGEMENT AGEN- (A) the Committees on Armed Services, On page 71, between lines 13 and 14, insert CY’’— Appropriations, Foreign Relations, Home- the following: (1) by inserting ‘‘or can otherwise dem- (g) TRAINING IN CIVILIAN-MILITARY COORDI- land Security and Governmental Affairs, and onstrate’’ after ‘‘suffered’’; and the Judiciary and the Select Committee on NATION.—The Secretary of State, in con- (2) by inserting ‘‘in fiscal year 2008, 2009, or sultation with the Secretary of Defense, Intelligence of the Senate; and 2010’’ after ‘‘revenues’’. (B) the Committees on Armed Services, shall seek to ensure that civilian personnel assigned to serve in Afghanistan receive ci- Appropriations, Foreign Affairs, Homeland SA 1177. Ms. LANDRIEU (for herself Security, and the Judiciary and the Perma- vilian-military coordination training that and Mr. HARKIN) submitted an amend- nent Select Committee on Intelligence of the focuses on counterinsurgency and stability House of Representatives. ment intended to be proposed by her to operations, and shall submit a report to the the bill H.R. 2346, making supplemental Committees on Appropriations and Foreign appropriations for the fiscal year end- Relations of the Senate and the Committees SA 1174. Mrs. HUTCHISON submitted on Appropriations and Foreign Affairs of the an amendment intended to be proposed ing September 30, 2009, and for other purposes; which was ordered to lie on House of Representatives not later than 90 by her to the bill H.R. 2346, making days after the date of the enactment of this supplemental appropriations for the the table; as follows: Act detailing how such training addresses fiscal year ending September 30, 2009, At the end of title XII, insert the fol- current and future civilian-military coordi- and for other purposes; which was or- lowing: nation requirements. dered to lie on the table; as follows: SEC. lll. INTENT OF CONGRESS. Title XII of division A of the American Re- SA 1180. Ms. LANDRIEU submitted On page 49, between lines 12 and 13, insert covery and Reinvestment Act of 2009 (Public an amendment intended to be proposed the following: Law 111–5; 123 Stat. 218) is amended under by her to the bill H.R. 2346, making SEC. 607. REIMBURSEMENT FOR MAJOR DIS- the heading ‘‘COMMUNITY DEVELOPMENT supplemental appropriations for the ASTER. FUND’’ under the heading ‘‘COMMUNITY PLAN- fiscal year ending September 30, 2009, For purposes of reimbursement relating to NING AND DEVELOPMENT’’ under the heading disaster declaration DR-1791 (issued Sep- ‘‘DEPARTMENT OF HOUSING AND URBAN and for other purposes; which was or- tember 13, 2008), the Statewide per capita DEVELOPMENT’’ by inserting ‘‘Provided fur- dered to lie on the table; as follows: qualifying threshold for calendar year 2008 of ther, That, in addition to the eligible uses of On page 49, between lines 12 and 13, insert $122.00 is deemed to have been met. funds under section 2301(c)(3)(E) of the Act, the following:

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5740 CONGRESSIONAL RECORD — SENATE May 20, 2009 SEC. 607. COASTAL HIGH HAZARD AREAS. ‘‘(III) the uniform accessibility of safe and purposes; which was ordered to lie on (a) DEFINITIONS.—In this section— affordable housing programs administered or the table; as follows: (1) the term ‘‘coastal high hazard area’’ has subject to review by the Department of At the end of title IV, add the following: the meaning given that term in section 9.4 of Housing and Urban Development, including— SEC. 4ll. LAKE PONTCHARTRAIN, LOUISIANA. title 44, Code of Federal Regulations, or any ‘‘(aa) the issuance of exempt facility bonds (a) DEFINITIONS.—In this section: successor thereto; and for qualified residential rental property as (1) PROJECT.—The term ‘‘project’’ means (2) the term ‘‘major disaster’’ has the set forth in section 142(d) of such Code; the project for permanent pumps and canal meaning given that term in section 102 of the ‘‘(bb) the issuance of low income housing modifications authorized by section 204 of Robert T. Stafford Disaster Relief and Emer- tax credits as set forth in section 42 of such Flood Control Act of 1965 (Public Law 89–298; gency Assistance Act (42 U.S.C. 5122). Code, to facilitate the uniform accessibility 79 Stat. 1077) and modified by section (b) AUTHORIZATION.—For an activity in a of provisions of the American Recovery and 7012(a)(2) of the Water Resources Develop- coastal high hazard area that is otherwise an Reinvestment Act of 2009; and ment Act of 2007 (Public Law 110–114; 121 eligible use of assistance under section 404, ‘‘(cc) the issuance of bonds and obligations Stat. 1279). section 406, or section 408 of the Robert T. issued under that Act, to facilitate economic (2) PROJECT REPORT.—The term ‘‘project re- Stafford Disaster Relief and Emergency As- development, higher education, and improve- port’’ means the report— sistance Act (42 U.S.C. 5170c, 5172, and 5174) ments to infrastructure, and the issuance of (A) submitted by the Secretary to Con- as a result of damage caused by Hurricane bonds and obligations issued under any progress; Katrina, Rita, Gustav, or Ike, notwith- vision of law to further the same; and (B) dated August 30, 2007; and standing 9.11(d)(1) of title 44, Code of Federal ‘‘(ii) to facilitate interstate commerce gen- (C) provided in response to the require- Regulations, and subject to all other require- erally, including consumer loans, in the case ments described in section 4303 of the U.S. ments under part 9 of title 44, Code of Fed- of any person or governmental entity (other Troop Readiness, Veterans’ Care, Katrina eral Regulations— than a depository institution subject to sub- Recovery, and Iraq Accountability Appro- (1) the activity shall be an eligible use of paragraph (A) and paragraph (2)).’’. priations Act, 2007 (Public Law 110–28; 121 assistance under such section; and (b) EFFECTIVE PERIOD.—The amendments Stat. 154) as the basis for complying with the (2) any new construction or substantial im- made by subsection (a) shall apply with re- requirements of— provements to structures under such an ac- spect to contracts consummated during the (i) the project; and tivity involving critical actions shall not be period beginning on the date of enactment of (ii) modifications to the 17th Street, Orle- required to elevate to the 500-year flood- this Act and ending on December 31, 2010. ans Avenue and London Avenue canals in plain, if it would be impracticable. and near the city of New Orleans carried out (c) ADMINISTRATIVE PROCEDURES.—Not- SA 1182. Mr. MENENDEZ submitted under the project. withstanding chapter 5 of title 5, United an amendment intended to be proposed (3) SECRETARY.—The term ‘‘Secretary’’ States Code (commonly known as the ‘‘Ad- by him to the bill H.R. 2346, making means the Secretary of the Army. ministrative Procedure Act’’), the Adminis- supplemental appropriations for the (b) DUTIES OF SECRETARY.— trator of the Federal Emergency Manage- fiscal year ending September 30, 2009, (1) SUSPENSION OF ACTIVITY.—Effective on ment Agency shall not be required to pro- and for other purposes; which was or- the date of enactment of this Act, the Sec- mulgate, modify, or amend any regulation to dered to lie on the table; as follows: retary shall cease the implementation of op- carry out subsection (b). tion 1, as described in the project report. At the end of title XI, insert the following: (d) APPLICABILITY.—This section shall (2) STUDY; REPORT.— apply to any assistance under the Robert T. ORGANIZATION OF AMERICAN STATES (A) STUDY.—As soon as practicable after Stafford Disaster Relief and Emergency As- SEC. 1121. It is the sense of Congress that— the date of enactment of this Act, the Sec- sistance Act (42 U.S.C. 5121 et seq.) relating (1) the United States supports the Charter retary shall conduct a study under which the to a major disaster— of the Organization of American States and Secretary shall carry out— (1) declared on or after August 28, 2005; and the principles enshrined in the Inter-Amer- (i) an analysis of the residual risks associ- (2) relating to Hurricane Katrina, Rita, ican Democratic Charter of the Organization ated with options 1, 2, and 2a, as described in Gustav, or Ike. of American States; and the project report; and (2) Congress continues to support the Orga- (ii) an independent peer review of the effec- SA 1181. Mrs. LINCOLN (for herself nization of American States as it operates in tiveness of concept designs and preliminary and Mr. PRYOR) submitted an amend- a manner consistent with the Charter of the cost estimates associated with each option. ment intended to be proposed by her to Organization of American States, and, in (B) REPORTS.—Not later than 30 days after particular, consistent with Articles 1, 3, and the date of enactment of this Act, the Sec- the bill H.R. 2346, making supplemental 7 of the Inter-American Democratic Charter, retary shall submit to the Committee on Ap- appropriations for the fiscal year end- as adopted by all the participating member propriations of the Senate and the Com- ing September 30, 2009, and for other countries of the Organization of American mittee on Appropriations of the House of purposes; as follows: States, which state— Representatives a report that— At the appropriate place, insert the fol- (A) in Article 1, that the peoples of the (i) contains the results of the study con- lowing: Americas have a right to democracy and ducted under subparagraph (A); and SEC. ll. EXTENSION OF LIMITATIONS. their governments have an obligation to pro- (ii) identifies the option contained in the mote and defend it, and that democracy is project report that— (a) IN GENERAL.—Section 44(f)(1) of the (I) is more technically advantageous; Federal Deposit Insurance Act (12 U.S.C. essential for the social, political, and eco- (II) is more effective from an operational 1831u(f)(1)) is amended— nomic development of the peoples of the prospective in providing greater reliability (1) by redesignating subparagraphs (A) and Americas; and reducing the risk of flooding to the New (B) as clauses (i) and (ii), respectively, and (B) in Article 3, that essential elements of Orleans area over the long-term; and moving the margins 2 ems to the right; representative democracy include, inter alia, (III) if implemented, would— (2) by striking ‘‘evidence of debt by any in- respect for human rights and fundamental (aa) increase the overall drainage capacity sured’’ and inserting the following: ‘‘evi- freedoms, access to and the exercise of power of the region; dence of debt by— in accordance with the rule of law, the hold- (bb) reduce local flooding to the greatest ‘‘(A) any insured’’; and ing of periodic, free, and fair elections based extent practicable; and (3) by striking the period at the end and in- on secret balloting and universal suffrage as (cc) provide the greatest system flexibility. serting the following: ‘‘; and an expression of the sovereignty of the peo- (3) IMPLEMENTATION.—Effective on the date ‘‘(B) any nondepository institution oper- ple, the pluralistic system of political par- on which the Secretary submits the report ating in such State, shall be equal to not ties and organizations, and the separation of under paragraph (2)(B), the Secretary shall more than the greater of the State’s max- powers and independence of the branches of resume the implementation of the project in imum lawful annual percentage rate or 17 government; and accordance with the option selected by the percent— (C) in Article 7, that democracy is indis- Secretary under the report. ‘‘(i) to facilitate the uniform implementa- pensable for the effective exercise of funda- tion of federally mandated or federally es- mental freedoms and human rights in their universality, indivisibility, and interdepend- SA 1184. Mr. BINGAMAN submitted tablished programs and financings related an amendment intended to be proposed thereto, including— ence, embodied in the respective constitu- ‘‘(I) uniform accessibility of student loans, tions of states and in inter-American and by him to the bill H.R. 2346, making including the issuance of qualified student international human rights instruments. supplemental appropriations for the fiscal year ending September 30, 2009, loan bonds as set forth in section 144(b) of SA 1183. Ms. LANDRIEU (for herself the Internal Revenue Code of 1986; and for other purposes; which was or- and Mr. VITTER) submitted an amend- ‘‘(II) the uniform accessibility of mortgage dered to lie on the table; as follows: ment intended to be proposed by her to loans, including the issuance of qualified On page 106, between lines 14 and 15, insert mortgage bonds and qualified veterans’ the bill H.R. 2346, making supplemental the following: mortgage bonds as set forth in section 143 of appropriations for the fiscal year end- SEC. 1303. (a) INTERPRETATION OF AUTHOR- such Code; ing September 30, 2009, and for other ITY OF THE INTERNATIONAL MONETARY FUND

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5741

TO PROVIDE CERTAIN ASSISTANCE TO LOW-IN- SEC. ll. (a) SPECIFICATION OF THE FIRST this section are in addition to any other pay, COME COUNTRIES.—The Secretary of the TEE PROGRAM AS SUPPORTABLE YOUTH ORGA- absence, or leave provided by law. Treasury shall instruct the United States NIZATION.—Section 1058(a) of the National (g) DEFINITIONS.—In this section: Governor of the International Monetary Defense Authorization Act for Fiscal Year (1) The term ‘‘Post-Deployment/Mobiliza- Fund and the United States Executive Direc- 2006 (Public Law 109–163; 119 Stat. 3442; 5 tion Respite Absence program’’ means the tor of the Fund to obtain promptly an offi- U.S.C. 301 note) is amended— program of a military department to provide cial interpretation by the Fund with respect (1) in paragraph (16), by striking ‘‘and’’ at days of administrative absence not charge- to the authority of the Fund to provide sup- the end; able against available leave to certain de- port to low-income countries (as defined by (2) by redesignating paragraph (17) as para- ployed or mobilized members of the Armed the Fund) in the form of grants or other fi- graph (18); and Forces in order to assist such members in re- nancial assistance that does not create debt (3) by inserting after paragraph (16) the fol- integrating into civilian life after deploy- for those countries. lowing new paragraph (17): ment or mobilization. (b) AMENDMENT TO ARTICLES OF AGREEMENT ‘‘(17) The First Tee program.’’. (2) The term ‘‘Secretary concerned’’ has TO AUTHORIZE CERTAIN ASSISTANCE TO LOW- (b) EFFECTIVE DATE.—The amendments the meaning given that term in section 101(5) INCOME COUNTRIES.—If the International made by subsection (a) shall take effect on of title 37, United States Code. Monetary Fund concludes in the interpreta- October 1, 2009, and shall apply with respect (h) TERMINATION.— tion obtained pursuant to subsection (a) that to fiscal years beginning on or after that (1) IN GENERAL.—The authority to provide the Fund does not have the authority to pro- date. benefits under this section shall expire on vide grants or other financial assistance de- the date that is one year after the date of the scribed in that subsection, the United States SA 1187. Mr. WYDEN (for himself, enactment of this Act. Governor of the International Monetary Ms. KLOBUCHAR, Mr. GRASSLEY, Mr. (2) CONSTRUCTION.—Expiration under this Fund and the United States Executive Direc- subsection of the authority to provide bene- tor of the Fund shall promptly propose and ROBERTS, and Mr. SHELBY) submitted an amendment intended to be proposed fits under this section shall not affect the support an amendment to the Articles of utilization of any day of administrative ab- Agreement of the Fund to explicitly author- by him to the bill H.R. 2346, making sence provided a member of the Armed ize the Fund to provide such grants or other supplemental appropriations for the Forces under subsection (b)(2), or the pay- financial assistance. fiscal year ending September 30, 2009, ment of any payment authorized a member (c) AUTHORIZATION TO ACCEPT AMEND- and for other purposes; which was or- or former member of the Armed Forces MENT.—Notwithstanding any other provision under subsection (b), before the expiration of of law, the President may agree to and ac- dered to lie on the table; as follows: the authority in this section. cept on behalf of the United States an At the end of title III, add the following: amendment proposed under subsection (b) to SEC. 315. (a) BENEFITS UNDER POST-DEPLOY- Mr. MCCAIN (for himself, the Articles of Agreement of the Inter- MENT/MOBILIZATION RESPITE ABSENCE PRO- SA 1188. national Monetary Fund to explicitly au- GRAM FOR CERTAIN PERIODS BEFORE IMPLE- Mr. LIEBERMAN, Mr. LUGAR, and Mr. thorize the Fund to provide grants or other MENTATION OF PROGRAM.—Under regulations BROWNBACK) submitted an amendment financial assistance to low-income countries prescribed by the Secretary of Defense, the intended to be proposed by him to the that does not create debt for those countries. Secretary concerned shall provide any mem- bill H.R. 2346, making supplemental ap- ber or former member of the Armed Forces propriations for the fiscal year ending SA 1185. Mr. MERKLEY (for himself with the benefits specified in subsection (b) September 30, 2009, and for other pur- if the member or former member would, on and Mr. WHITEHOUSE) submitted an poses; as follows: amendment intended to be proposed by any day during the period beginning on Jan- At the end of title XI, add the following: him to the bill H.R. 2346, making sup- uary 19, 2007, and ending on the date of the implementation of the Post-Deployment/Mo- SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- plemental appropriations for the fiscal bilization Respite Absence (PDMRA) pro- SISTANCE FOR GEORGIA.—The amount appro- year ending September 30, 2009, and for gram by the Secretary concerned, have priated by this title under the heading ‘‘Eu- other purposes; as follows: qualified for a day of administrative absence rope, Eurasia and Central Asia’’ is hereby in- At the appropriate place in title III, insert under the Post-Deployment/Mobilization creased by $42,500,000, with the amount of the the following: Respite Absence program had the program increase to be available for assistance for SENSE OF SENATE ON USE OF FUNDS FOR been in effect during such period. Georgia. OPERATIONS IN IRAQ (b) BENEFITS.—The benefits specified in (b) SOURCE OF FUNDS.— (1) IN GENERAL.—The amount of the in- SEC. 315. It is the sense of the Senate that this subsection are the following: crease in subsection (a) shall be derived from funds appropriated or otherwise made avail- (1) In the case of an individual who is a amounts appropriated or otherwise made able to the Department of Defense by this former member of the Armed Forces at the available by this title, other than amounts title for operations in Iraq should be utilized time of the provision of benefits under this under the heading ‘‘Europe, Eurasia and Cen- for those operations in a manner consistent section, payment of an amount not to exceed tral Asia’’ and available for assistance for with the United States–Iraq Status of Forces $200 for each day the individual would have Georgia. Agreement, including specifically that— qualified for a day of administrative absence (2) ADMINISTRATION.—Not later than 30 (1) the United States combat mission in as described in subsection (a) during the pe- days after the date of the enactment of this Iraq will end by August 31, 2010; riod specified in that subsection. Act, the Director of the Office of Manage- (2) any transitional force of the United (2) In the case of an individual who is a ment and Budget shall— States remaining in Iraq after August 31, member of the Armed Forces at the time of (A) administer the reduction required pur- 2010, will have a mission consisting of— the provision of benefits under this section, suant to paragraph (1); and (A) training, equipping, and advising Iraqi either one day of administrative absence or (B) submit to the Committee on Appropria- Security Forces as long as they remain non- payment of an amount not to exceed $200, as tions of the Senate and the Committee of the sectarian; selected by the Secretary concerned, for House of Representatives a report specifying (B) conducting targeted counter-terrorism each day the individual would have qualified the account and the amount of each reduc- missions; and for a day of administrative absence as de- tion made pursuant to the reduction re- (C) protecting the ongoing civilian and scribed in subsection (a) during the period quired pursuant to paragraph (1). military efforts of the United States within specified in that subsection. (c) EXCLUSION OF CERTAIN FORMER MEM- Iraq; and Mrs. HUTCHISON (for her- (3) through continuing redeployments of BERS.—A former member of the Armed SA 1189. the transitional force of the United States Forces is not eligible under this section for self, Mr. BROWN, Mrs. MCCASKILL, Mr. remaining in Iraq after August 31, 2010, all the benefits specified in subsection (b)(1) if MENENDEZ, Ms. MIKULSKI, Mr. COCHRAN, United States troops present in Iraq under the former member was discharged or re- Mr. BOND, and Mr. LAUTENBERG) sub- the United States–Iraq Status of Forces leased from the Armed Forces under other mitted an amendment intended to be Agreement will be redeployed from Iraq by than honorable conditions. proposed by her to the bill H.R. 2346, December 31, 2011. (d) MAXIMUM NUMBER OF DAYS OF BENEFITS making supplemental appropriations PROVIDABLE.—The number of days of benefits for the fiscal year ending September 30, SA 1186. Mr. BURR submitted an providable to a member or former member of amendment intended to be proposed by the Armed Forces under this section may 2009, and for other purposes; as follows: him to the bill H.R. 2346, making sup- not exceed 40 days of benefits. At the appropriate place, insert the fol- plemental appropriations for the fiscal (e) FORM OF PAYMENT.—The paid benefits lowing new section providable under subsection (b) may be paid No funds shall be expended from the Treas- year ending September 30, 2009, and for in a lump sum or installments, at the elec- ury to an auto manufacturer which has noti- other purposes; which was ordered to tion of the Secretary concerned. fied a dealership that it will be terminated lie on the table; as follows: (f) CONSTRUCTION WITH OTHER PAY AND without providing at least 60 days for that At the appropriate place, insert the fol- LEAVE.—The benefits provided a member or dealership to wind down its operations and lowing: former member of the Armed Forces under sell its inventory.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5742 CONGRESSIONAL RECORD — SENATE May 20, 2009 SA 1190. Mr. REID (for Mr. KENNEDY the present and prospective balance of pay- by a significant multiple to provide loans (for himself and Mr. CARDIN)) sub- ments and reserve position of the United with substantial concessionality and debt mitted an amendment intended to be States.’’ service payment relief and/or grants, as ap- proposed by Mr. Reid to the bill H.R. and propriate to a country’s circumstances; (2) in subsection (b) (3) support provided through forgiveness of 2346, making supplemental appropria- (A) by inserting ‘‘(1)’’ before ‘‘For the pur- interest on concessional loans will be pro- tions for the fiscal year ending Sep- pose of’; vided for not less than two years; and tember 30, 2009, and for other purposes; (B) by inserting ‘‘subsection (a)(1) of’’ after (4) the support provided to low-income which was ordered to lie on the table; ‘‘pursuant to’’; and countries occurs within six years, a substan- as follows: (C) by adding at the end the following: tial amount of which shall occur within the ‘‘(2) For the purpose of making loans to the initial two years. On page 52, line 11, insert ‘‘and for urgent International Monetary Fund pursuant to (b) In addition to agreeing to and accepting and unmet resettlement needs of a refugee or subsection (a)(2) of this section, there is the amendments referred to in section 64 of individual provided status pursuant to sec- hereby authorized to be appropriated not to this act relating to the use of proceeds from tion 1059 of the National Defense Authoriza- exceed the dollar equivalent of 75,000,000,000 the sale of such gold, the United States Gov- tion Act for Fiscal Year 2006 (Public Law 109- Special Drawing Rights, in addition to any ernor is authorized, consistent with sub- 163; 8 U.S.C. 1101 note), section 1244 of the amounts previously authorized under this section (a), to take such actions as may be Refugee Crisis in Iraq Act of 2007 (subtitle C section, except that prior to activation the necessary, including those referred to in sec- of title XII of division A of Public Law 110– Secretary of the Treasury shall report to tion 5(e) of this act, to also use such proceeds 181; 122 Stat. 396), or section 602 of the Af- Congress on whether supplementary re- for the purpose of assisting low-income coun- ghan Allies Protection Act of 2009 (title VI of sources are needed to forestall or cope with tries.’’ division F of Public Law 111–8; 123 Stat. an impairment of the international mone- ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE 807),’’ after ‘‘of 2008,’’. tary system and whether the Fund has fully ARTICLES OF AGREEMENT OF THE explored other means of funding, to remain FUND. ‘‘The United States Governor of the Fund SA 1191. Mr. LEAHY (for himself and available until expended to meet calls by the may agree to and accept the amendment to Mr. KERRY) submitted an amendment Fund. Any payments made to the United the Articles of Agreement of the Fund as intended to be proposed by him to the States by the Fund as a repayment on ac- proposed in the resolution numbered 54–4 of count of the principal of a loan made under bill H.R. 2346, making supplemental ap- the Board of Governors of the Fund which this section shall continue to be available for propriations for the fiscal year ending was approved by such Board on October 22, loans to the Fund.’’. September 30, 2009, and for other pur- 1997: Provided, That not more than one year poses; as follows: SEC.. 1302. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by add- after the acceptance of such amendments to the Fund’s Articles of Agreement, the Sec- On page 102, line 9, strike ‘‘In’’ and every- ing at the end the following: thing thereafter through the end of line 14 on retary of the Treasury shall submit a report ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE to the Committee on Foreign Relations and page 106, and insert in lieu thereof the fol- ARTICLES OF AGREEMENT OF THE lowing: FUND. the Committee on Banking, Housing, and In order to carry out the purposes of a one- ‘‘The United States Governor of the Fund Urban Affairs of the Senate and the Com- time decision of the Executive Directors of may agree to and accept the amendments to mittee on Financial Services of the House of the International Monetary Fund (the Fund) the Articles of Agreement of the Fund as Representatives analyzing Special Drawing to expand the resources of the New Arrange- proposed in the resolutions numbered 63–2 Rights, to include a discussion of how those ments to Borrow, established pursuant to the and 63–3 of the Board of Governors of the countries that significantly use or acquire decision of January 27, 1997 referred to in Fund which were approved by such Board on Special Drawing Rights in accordance with paragraph (1) above, and to make other April 28, 2008 and May 5, 2008, respectively. Article XIX, Section 2(c), use or acquire them; the extent to which countries experi- amendments to the New Arrangements to ‘‘SEC. 65. QUOTA INCREASE. encing balance of payment difficulties ex- Borrow to achieve an expanded and more ‘‘(a) IN GENERAL—The United States Gov- change or use their Special Drawing Rights flexible New Arrangements to Borrow as con- ernor of I the Fund may consent to an in- to acquire reserve currencies; and the man- templated by paragraph 17 of the G–20 Lead- crease in the quota of the United States in ner in which those reserve currencies are ac- ers’ Statement of April 2, 2009 in London, the the Fund equivalent to 4,973,100,000 Special quired when utilizing Special Drawing Secretary of the Treasury is authorized to Drawing Rights. Rights.’’ instruct the United States Executive Direc- ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- tor to consent to such amendments notwith- thority provided by subsection (a) shall be SA 1192. Mr. COBURN (for himself standing subsection (d) of this section, and effective only to such extent or in such and Mr. DEMINT) submitted an amend- to make loans, in an amount not to exceed amounts as are provided in advance in appro- the dollar equivalent of 75,000,000,000 Special priations Acts.’’ ment intended to be proposed by him Drawing Rights, in addition to any amounts ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT to the bill H.R. 2346, making supple- previously authorized under this section and OF THE FUND’S GOLD. mental appropriations for the fiscal limited to such amounts as are provided in ‘‘(a) The Secretary of the Treasury is au- year ending September 30, 2009, and for advance in appropriations Acts, except that thorized to instruct the United States Exec- other purposes; which was ordered to prior to activation, the Secretary of the utive Director of the Fund to vote to approve lie on the table; as follows: Treasury shall report to Congress on whether the sale of up to 12,965,649 ounces of the Strike section 1113. supplementary resources are needed to fore- Fund’s gold acquired since the second stall or cope with an impairment of the Amendment to the Fund’s Articles of Agree- SA 1193. Mr. COBURN submitted an international monetary system and whether ment, only if such sales are consistent with amendment intended to be proposed by the Fund has fully explored other means of the guidelines agreed to by the Executive him to the bill H.R. 2346, making sup- funding, to the Fund under article VII, sec- Board of the Fund described in the Report of tion 1(i), of the Articles of Agreement of the the Managing Director to the International plemental appropriations for the fiscal Fund: Provided, That prior to instructing Monetary and Financial Committee on a year ending September 30, 2009, and for the United States Executive Director to pro- New Income and Expenditure Framework for other purposes; which was ordered to vide consent to such amendments, the Sec- the International Monetary Fund (April 9, lie on the table; as follows: retary of the Treasury shall consult with the 2008) to prevent disruption to the world gold On page 32, strike lines 6 through 16 and in- Committee on Foreign Relations and the market: Provided, That at least 30 days prior sert the following: Committee on Banking, Housing, and Urban to any such vote, the Secretary shall consult as authorized by law, $315,290,000, to remain Affairs of the Senate and the Committee on with the Committee on Foreign Relations available until expended: Provided, That the Financial Services of the House of Rep- and the Committee on Banking, Housing, Secretary of the Army is directed to use the resentatives on the amendments to be made and Urban Affairs of the Senate and the funds appropriated under this heading to to the New Arrangements to Borrow, includ- Committee on Financial Services of the support emergency operations, to repair eli- ing guidelines and criteria governing the use House of Representatives regarding the use gible projects nationwide, and for other ac- of its resources; the countries that have of proceeds from the sale of such gold: Pro- tivities in response to natural disasters: Pro- made commitments to contribute to the New vided further, That the Secretary of the vided further, That this work shall be car- Arrangements to Borrow and the amount of Treasury shall seek to ensure that: such commitments; and the steps taken by (1) the Fund will provide support to low-in- SA 1194. Mr. COBURN submitted an the United States to expand the number of come countries that are eligible for the Pov- amendment intended to be proposed by countries so the United States share of the erty Reduction and Growth Facility or other him to the bill H.R. 2346, making sup- expanded New Arrangements to Borrow is low-income lending from the Fund by mak- representative of its share as of the date of ing available Fund resources of not less than plemental appropriations for the fiscal enactment of this act: Provided further, That $4 billion; year ending September 30, 2009, and for any loan under the authority granted in this (2) such Fund resources referenced above other purposes; which was ordered to subsection shall be made with due regard to will be used to leverage additional support lie on the table; as follows:

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5743

In the matter under the heading ‘‘FLOOD At the end of title III, add the following: (3) An assessment of lessons learned from CONTROL AND COASTAL EMERGENCIES’’ under SEC. 315. (a) REPORTS REQUIRED.—Not later previous releases and transfers of individuals the heading ‘‘CORPS OF ENGINEERS–CIVIL’’ than 60 days after the date of the enactment who returned to terrorist activities for re- under the heading ‘‘DEPARTMENT OF THE of this Act and every 90 days thereafter, the ducing the risk that detainees released or ARMY’’ under the heading ‘‘DEPARTMENT OF President shall submit to the members and transferred from Naval Station Guantanamo DEFENSE–CIVIL’’ of title IV, strike ‘‘Provided committees of Congress specified in sub- Bay will return to terrorist activities after further, That this work shall be carried out section (b) a report on the prisoner popu- their release or transfer. at full Federal expense’’ and insert ‘‘Provided lation at the detention facility at Naval Sta- (e) FORM.—Each report submitted under further, That the Federal share of the cost of tion Guantanamo Bay, Cuba. subsection (a), or parts thereof, may be sub- the projects under this heading shall be not (b) SPECIFIED MEMBERS AND COMMITTEES OF mitted in classified form. more than 65 percent’’. CONGRESS.—The members and committees of (f) LIMITATION ON RELEASE OR TRANSFER.— Congress specified in this subsection are the No detainee detained at the detention facil- SA 1195. Mr. CORNYN submitted an following: ity at Naval Station Guantanamo Bay, Cuba, amendment intended to be proposed by (1) The majority leader and minority lead- as of the date of the enactment of this Act him to the bill H.R. 2346, making super of the Senate. may be released or transferred to another plemental appropriations for the fiscal (2) The Chairman and Ranking Member on country until the President— year ending September 30, 2009, and for the Committee on Armed Services of the (1) submits to Congress the first report re- other purposes; which was ordered to Senate. quired by subsection (a); or lie on the table; as follows: (3) The Chairman and Vice Chairman of the (2) certifies to the members and commit- Select Committee on Intelligence of the Sen- tees of Congress specified in subsection (b) At the appropriate place, insert the fol- that such action poses no threat to the mem- lowing: ate. bers of the United States Armed Forces. SEC.l. None of the funds provided in this (4) The Speaker of the House of Represent- act may be used by the Department of Jus- atives. tice to prosecute or otherwise sanction any (5) The minority leader of the House of SA 1198. Mr. LUGAR (for himself and individual who provided input into the legal Representatives. Mr. LEAHY) submitted an amendment opinions by the Office of Legal Counsel of (6) The Chairman and Ranking Member on intended to be proposed by him to the the Department of Justice analyzing the le- the Committee on Armed Services of the bill H.R. 2346, making supplemental ap- gality of the enhanced interrogation pro- House of Representatives. propriations for the fiscal year ending gram, nor any person who relied on good (7) The Chairman and Vice Chairman of the September 30, 2009, and for other pur- Permanent Select Committee on Intelligence faith on those opinions, nor any member of poses; which was ordered to lie on the Congress who was briefed on the enhanced of the House of Representatives interrogation program and did not object to (c) MATTERS TO BE INCLUDED.—Each report table; as follows: the program going forward. submitted under subsection (a) shall include At the appropriate place, insert the fol- the following: lowing: SA 1196. Ms. STABENOW submitted (1) The name and country of origin of each SEC. ll. (a) DISCLOSURE OF INTERNATIONAL an amendment intended to be proposed detainee at the detention facility at Naval MONETARY FUND DOCUMENTS.—The Secretary by her to the bill H.R. 2346, making Station Guantanamo Bay, Cuba, as of the of the Treasury shall instruct the United supplemental appropriations for the date of such report. States Executive Director of the Inter- national Monetary Fund to promote stand- fiscal year ending September 30, 2009, (2) A current summary of the evidence, intelligence, and information used to justify ard public disclosure of documents of the and for other purposes; which was or- the detention of each detainee listed under Fund presented to the Executive Board of dered to lie on the table; as follows: paragraph (1) at Naval Station Guantanamo the Fund and summaries of the minutes of At the appropriate place, insert the fol- Bay. meetings of the Board, as recommended by lowing: (3) A current accounting of all the meas- the Independent Evaluation Office of the DEPARTMENT OF LABOR ures taken to transfer each detainee listed Fund, not later than 2 years after the date of EMPLOYMENT AND TRAINING ADMINISTRATION under paragraph (1) to the individual’s coun- the meeting at which the document was presented or the minutes were taken (as the TRAINING AND EMPLOYMENT SERVICES try of citizenship or another country. (4) A current description of the number of case may be), unless the Executive Board— For an additional amount for ‘‘Training individuals released or transferred from de- (1) determines that it is appropriate to and Employment Services’’ for grants to tention at Naval Station Guantanamo Bay delay disclosure; and States for dislocated worker employment who are confirmed or suspected of returning (2) posts the reason for the delay on the and training activities under the Workforce to terrorist activities after release or trans- website of the Fund. Investment Act of 1998, $210,833,000, which fer from Naval Station Guantanamo Bay. (b) TRANSPARENCY AND ACCOUNTABILITY OF shall be available for the period of July 1, (5) An assessment of any efforts by al LOANS, AGREEMENTS, AND OTHER PROGRAMS 2009 through June 30, 2010: Provided, That Qaeda to recruit detainees released from de- OF THE INTERNATIONAL MONETARY FUND.— such funds shall be allotted only to those tention at Naval Station Guantanamo Bay. The Secretary of the Treasury shall instruct States that have received a total allotment (6) For each detainee listed under para- the United States Executive Director of the amount, not including any allotment graph (1), a threat assessment that in- International Monetary Fund to promote— amount provided under the American Recov- cludes— (1) transparency and accountability in the ery and Reinvestment Act of 2009, for dis- (A) an assessment of the likelihood that policymaking and budgetary procedures of located worker employment and training ac- such detainee may return to terrorist activ- governments of members of the Fund; tivities under the Workforce Investment Act ity after release or transfer from Naval Sta- (2) the participation of citizens and non- of 1998 (referred to under this heading as the tion Guantanamo Bay; governmental organizations in the economic ‘‘total allotment amount’’) for program year (B) an evaluation of the status of any reha- policy choices of those governments; and 2009 that is less than the total allotment bilitation program in such detainee’s coun- (3) the adoption by those governments of amount received by such States for program try of origin, or in the country such detainee loans, agreements, or other programs of the year 2008: Provided further, That the amount is anticipated to be transferred to; and Fund through a parliamentary process or an- of the allotment of such funds to a State (C) an assessment of the risk posed to the other participatory and transparent process, shall be equal to the amount of the dif- American people by the release or transfer of as appropriate. ference between the total allotment amount such detainee from Naval Station Guanta- for program year 2008 and the total allot- namo Bay. SA 1199. Mr. DURBIN proposed an ment amount for program year 2009 for such State: Provided further, That for purposes of (d) ADDITIONAL MATTERS TO BE INCLUDED amendment to amendment SA 1136 pro- Senate enforcement, such funds are des- IN INITIAL REPORT.—The first report sub- posed by Mr. MCCONNELL to the bill ignated as an emergency requirement and mitted under subsection (a) shall also in- H.R. 2346, making supplemental appro- necessary to meet emergency needs pursuant clude the following: priations for the fiscal year ending to section 403 of S. Con. Res. 13 (111th Con- (1) A description of the process that was September 30, 2009, and for other pur- previously used for screening the detainees gress), the concurrent resolution on the poses; as follows: budget for fiscal year 2010. described by subsection (c)(4) prior to their release or transfer from detention at Naval On page 3, strike lines 1–4, and insert the SA 1197. Mr. LEVIN submitted an Station Guantanamo Bay, Cuba. following: amendment intended to be proposed by (2) An assessment of the adequacy of that (2) A current summary of the evidence, intelligence, and information used to justify him to the bill H.R. 2346, making sup- screening process for reducing the risk that detainees previously released or transferred the detention of each detainee listed under plemental appropriations for the fiscal from Naval Station Guantanamo Bay would paragraph (1) at Guantanamo Bay. year ending September 30, 2009, and for return to terrorist activities after release or other purposes; which was ordered to transfer from Naval Station Guantanamo SA 1200. Mr. REID (for Mrs. lie on the table; as follows: Bay. HUTCHISON) proposed an amendment to

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5744 CONGRESSIONAL RECORD — SENATE May 20, 2009 the bill S. 614, to award a Congres- mittee on Foreign Relations be author- thorized to meet during the session of sional Gold Medal to the Women ized to meet during the session of the the Senate to conduct a hearing enti- Airforce Service Pilots (‘‘WASP’’); as Senate on Wednesday, May 20, 2009, at tled ‘‘Criminal Prosecution as a Deter- follows: 9 a.m. rent to Health Care Fraud’’ on Wednes- On page 3, line 11, strike ‘‘Army Air Force’’ The PRESIDING OFFICER. Without day, May 20, 2009, at 2:30 p.m., in room and insert ‘‘Army Air Forces’’ On page 3, line objection, it is so ordered. SD–226 of the Dirksen Senate office 13, strike ‘‘Air Force’’ and insert ‘‘Air COMMITTEE ON FOREIGN RELATIONS building. Forces’’ On page 3, line 17, strike ‘‘Army Air Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without Force’’ and insert ‘‘Army Air Forces’’ On unanimous consent that the Com- objection, it is so ordered. page 4, line 2, strike ‘‘Force’’ and insert SUBCOMMITTEE ON STRATEGIC FORCES ‘‘Forces’’ mittee on Foreign Relations be authorized to meet during the session of the Mr. INOUYE. Mr. President, I ask SA 1201. Mr. REID proposed an Senate on Wednesday, May 20, 2009, at unanimous consent that the Sub- amendment to amendment SA 1167 sub- 11 a.m. committee on Strategic Forces of the mitted by Mr. BENNET (for himself, Mr. The PRESIDING OFFICER. Without Committee on Armed Services be authorized to meet during the session of CASEY, and Mr. JOHANNS) to the bill objection, it is so ordered. the Senate on Wednesday, May 20, 2009, H.R. 2346, making supplemental appro- COMMITTEE ON FOREIGN RELATIONS priations for the fiscal year ending at 2 p.m. Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without September 30, 2009, and for other pur- unanimous consent that the Com- objection, it is so ordered. poses; as follows: mittee on Foreign Relations be author- SPECIAL COMMITTEE ON AGING At the end of the amendment, add the fol- ized to meet during the session of the Mr. INOUYE. Mr. President, I ask lowing: This section shall become effective 3 Senate on Wednesday, May 20, 2009, at days after enactment unanimous consent that the Special 1:30 p.m., to hold a hearing entitled Committee on Aging be authorized to f ‘‘Foreign Policy Priorities in the Presi- meet during the session of the Senate NOTICE OF HEARING dent’s FY10 International Affairs Budg- on Wednesday, May 20, 2009, from 2 et.’’ COMMITTEE ON INDIAN AFFAIRS p.m.–4 p.m. in Russell 432 for the pur- The PRESIDING OFFICER. Without pose of conducting a hearing. Mr. DORGAN. Mr. President, I would objection, it is so ordered. like to announce that the Committee The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. on Indian Affairs will meet on Thurs- AND PENSIONS day, May 21, 2009 at 2:15 p.m. in room SUBCOMMITTEE ON IMMIGRATION, REFUGEES, Mr. INOUYE. Mr. President, I ask AND BORDER SECURITY 628 of the Dirksen Senate Office Build- unanimous consent that the Com- Mr. INOUYE. Mr. President, I ask ing to conduct an oversight hearing to mittee on Health, Education, Labor, unanimous consent that the Senate examine Executive Branch authority and Pensions be authorized to meet Committee on the Judiciary, Sub- to acquire trust lands for Indian during the session of the Senate on committee on Immigration, Refugees Tribes. Wednesday, May 20, 2009, at 2:30 p.m. in and Border Security, be authorized to Those wishing additional information room 430 of the Dirksen Senate office meet during the session of the Senate, may contact the Indian Affairs Com- building. to conduct a hearing entitled ‘‘Secur- mittee at 202–224–2251. The PRESIDING OFFICER. Without ing the Borders and America’s Points f objection, it is so ordered. of Entry, What Remains to Be Done’’ AUTHORITY FOR COMMITTEES TO COMMITTEE ON HOMELAND SECURITY AND on Wednesday, May 20, 2009, at 10 a.m., MEET GOVERNMENTAL AFFAIRS in room SD–226 of the Dirksen Senate Mr. INOUYE. Mr. President, I ask office building. COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without AFFAIRS unanimous consent that the Com- objection, it is so ordered. Mr. INOUYE. Mr. President, I ask mittee on Homeland Security and Gov- unanimous consent that the Com- ernmental Affairs be authorized to f mittee on Banking, Housing, and meet during the session of the Senate PRIVILEGES OF THE FLOOR on Wednesday, May 20, 2009, at 9:30 a.m. Urban Affairs be authorized to meet Mr. INOUYE. Mr. President, I ask during the session of the Senate on The PRESIDING OFFICER. Without objection, it is so ordered. unanimous consent that Mr. Robert May 20, 2009, at 9:30 a.m., to conduct a Berschinski, a detailee with the De- AD HOC SUBCOMMITTEE ON DISASTER RECOVERY hearing entitled ‘‘Oversight of the fense Appropriations Subcommittee, be Troubled Asset Relief Program.’’ Mr. INOUYE. Mr. President, I ask granted floor privileges during the con- The PRESIDING OFFICER. Without unanimous consent that the Ad Hoc sideration of this measure. objection, it is so ordered. Subcommittee on Disaster Recovery of The PRESIDING OFFICER. Without COMMITTEE ON COMMERCE, SCIENCE, AND the Committee on Homeland Security objection, it is so ordered. TRANSPORTATION and Governmental Affairs be author- Mr. LIEBERMAN. Mr. President, I Mr. INOUYE. Mr. President, I ask ized to meet during the session of the ask unanimous consent that MAJ unanimous consent that the Com- Senate on Wednesday, May 20 2009, at Brian Forrest, who is with me from the mittee on Commerce, Science, and 2:30 p.m. to conduct a hearing entitled, Army for a year, be given floor privi- Transportation be authorized to meet ‘‘The Role of the Community Develop- leges during the proceedings on the during the session of the Senate on ment Block Grant Program in Disaster supplemental appropriations bill. Wednesday, May 20, 2009, in Russell 253, Recovery.’’ The PRESIDING OFFICER. Without at 2 p.m. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. f objection, it is so ordered. PERSONNEL SUBCOMMITTEE HELPING FAMILIES SAVE THEIR COMMITTEE ON FINANCE Mr. INOUYE. Mr. President, I ask HOMES ACT Mr. INOUYE. Mr. President, I ask unanimous consent that the Personnel unanimous consent that the Com- Subcommittee of the Committee on On Tuesday, May 19, 2009, the Senate mittee on Finance be authorized to Armed Services be authorized to meet passed S. 896, as amended, as follows: meet during the session of the Senate during the session of the Senate on S. 896 on Wednesday, May 20, 2009, at 10 a.m., Wednesday, May 20, 2009, at 2:30 p.m. Be it enacted by the Senate and House of Rep- in room 215 of the Dirksen Senate of- The PRESIDING OFFICER. Without resentatives of the United States of America in Congress assembled, fice building. objection, it is so ordered. DIVISION A—PREVENTING MORTGAGE The PRESIDING OFFICER. Without SUBCOMMITTEE ON CRIME AND DRUGS FORECLOSURES objection, it is so ordered. Mr. INOUYE. Mr. President, I ask SECTION 1. SHORT TITLE; TABLE OF CONTENTS. COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Senate (a) SHORT TITLE.—This division may be Mr. INOUYE. Mr. President, I ask Committee on the Judiciary, Sub- cited as the ‘‘Helping Families Save Their unanimous consent that the Com- committee on Crime and Drugs, be au- Homes Act of 2009’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5745

(b) TABLE OF CONTENTS.—The table of con- Sec. 703. Effect of foreclosure on section 8 the mortgagee is required to undertake contents of this division is the following: tenancies. cerning repayment by the mortgagor of the Sec. 1. Short title; table of contents. Sec. 704. Sunset. amount owed to the Secretary; TITLE I—PREVENTION OF MORTGAGE TITLE VIII—COMPTROLLER GENERAL ‘‘(G) the Secretary may authorize pay- FORECLOSURES ADDITIONAL AUDIT AUTHORITIES ments to the mortgagee on behalf of the bor- Sec. 101. Guaranteed rural housing loans. Sec. 801. Comptroller General additional rower, under such terms and conditions as Sec. 102. Modification of housing loans guar- audit authorities. are defined by the Secretary, based on suc- anteed by the Department of TITLE I—PREVENTION OF MORTGAGE cessful performance under the terms of the Veterans Affairs. FORECLOSURES mortgage modification, which shall be used to reduce the principal obligation under the Sec. 103. Additional funding for HUD pro- SEC. 101. GUARANTEED RURAL HOUSING modified mortgage; and grams to assist individuals to LOANS. better withstand the current ‘‘(H) the Secretary may authorize the UARANTEED RURAL HOUSING LOANS.— mortgage crisis. (a) G modification of mortgages with terms ex- Sec. 104. Mortgage modification data col- Section 502(h) of the Housing Act of 1949 (42 tended up to 40 years from the date of modi- U.S.C. 1472(h)) is amended— lecting and reporting. fication. (1) by redesignating paragraphs (13) and Sec. 105. Neighborhood Stabilization Pro- ‘‘(15) ASSIGNMENT.— (14) as paragraphs (16) and (17), respectively; gram Refinements. ‘‘(A) PROGRAM AUTHORITY.—The Secretary and may establish a program for assignment to TITLE II—FORECLOSURE MITIGATION (2) by inserting after paragraph (12) the fol- AND CREDIT AVAILABILITY lowing new paragraphs: the Secretary, upon request of the mortgagee, of a mortgage on a 1- to 4-family resi- Sec. 201. Servicer safe harbor for mortgage ‘‘(13) LOSS MITIGATION.—Upon default or loan modifications. imminent default of any mortgage guaran- dence guaranteed under this chapter. Sec. 202. Changes to HOPE for Homeowners teed under this subsection, mortgagees shall ‘‘(B) PROGRAM REQUIREMENTS.— Program. engage in loss mitigation actions for the pur- ‘‘(i) IN GENERAL.—The Secretary may en- Sec. 203. Requirements for FHA-approved pose of providing an alternative to fore- courage loan modifications for eligible delin- mortgagees. closure (including actions such as special quent mortgages or mortgages facing immi- Sec. 204. Enhancement of liquidity and sta- forbearance, loan modification, pre-fore- nent default, as defined by the Secretary, bility of insured depository in- closure sale, deed in lieu of foreclosure, as through the payment of the guaranty and as- stitutions to ensure avail- required, support for borrower housing coun- signment of the mortgage to the Secretary ability of credit and reduction seling, subordinate lien resolution, and bor- and the subsequent modification of the of foreclosures. rower relocation), as provided for by the Sec- terms of the mortgage according to a loan Sec. 205. Application of GSE conforming retary. modification approved under this section. loan limit to mortgages as- ‘‘(14) PAYMENT OF PARTIAL CLAIMS AND ‘‘(ii) ACCEPTANCE OF ASSIGNMENT.—The sisted with TARP funds. MORTGAGE MODIFICATIONS.—The Secretary Secretary may accept assignment of a mort- Sec. 206. Mortgages on certain homes on may authorize the modification of mortgage under a program under this subsection leased land. gages, and establish a program for payment only if— Sec. 207. Sense of Congress regarding mort- of a partial claim to a mortgagee that agrees ‘‘(I) the mortgage is in default or facing gage revenue bond purchases. to apply the claim amount to payment of a imminent default; TITLE III—MORTGAGE FRAUD TASK mortgage on a 1- to 4-family residence, for ‘‘(II) the mortgagee has modified the mort- FORCE mortgages that are in default or face immi- gage or qualified the mortgage for modifica- Sec. 301. Sense of the Congress on establish- nent default, as defined by the Secretary. tion sufficient to cure the default and pro- ment of a Nationwide Mortgage Any payment under such program directed vide for mortgage payments the mortgagor Fraud Task Force. to the mortgagee shall be made at the sole is reasonably able to pay, at interest rates TITLE IV—FORECLOSURE MORATORIUM discretion of the Secretary and on terms and not exceeding current market interest rates; PROVISIONS conditions acceptable to the Secretary, ex- and cept that— Sec. 401. Sense of the Congress on fore- ‘‘(III) the Secretary arranges for servicing ‘‘(A) the amount of the partial claim pay- of the assigned mortgage by a mortgagee closures. ment shall be in an amount determined by (which may include the assigning mort- Sec. 402. Public-Private Investment Pro- the Secretary, and shall not exceed an gagee) through procedures that the Sec- gram; Additional Appropria- amount equivalent to 30 percent of the un- retary has determined to be in the best in- tions for the Special Inspector paid principal balance of the mortgage and General for the Troubled Asset terests of the appropriate guaranty fund. any costs that are approved by the Sec- Relief Program. ‘‘(C) PAYMENT OF GUARANTY.—Under the retary; Sec. 403. Removal of requirement to liq- program under this paragraph, the Secretary ‘‘(B) the amount of the partial claim pay- uidate warrants under the ment shall be applied first to any out- may pay the guaranty for a mortgage, in the TARP. standing indebtedness on the mortgage, in- amount determined in accordance with para- Sec. 404. Notification of sale or transfer of cluding any arrearage, but may also include graph (2), without reduction for any amounts mortgage loans. principal reduction; modified, but only upon the assignment, TITLE V—FARM LOAN RESTRUCTURING ‘‘(C) the mortgagor shall agree to repay transfer, and delivery to the Secretary of all Sec. 501. Congressional Oversight Panel spe- the amount of the partial claim to the Sec- rights, interest, claims, evidence, and cial report. retary upon terms and conditions acceptable records with respect to the mortgage, as defined by the Secretary. TITLE VI—ENHANCED OVERSIGHT OF to the Secretary; ‘‘(D) DISPOSITION.—After modification of a THE TROUBLED ASSET RELIEF PRO- ‘‘(D) expenses related to a partial claim or mortgage pursuant to this paragraph, and as- GRAM modification are not to be charged to the borrower; signment of the mortgage, the Secretary Sec. 601. Enhanced oversight of the Troubled ‘‘(E) the Secretary may authorize com- may provide guarantees under this sub- Asset Relief Program. pensation to the mortgagee for lost income section for the mortgage. The Secretary may TITLE VII—PROTECTING TENANTS AT on monthly mortgage payments due to inter- subsequently— FORECLOSURE ACT est rate reduction; ‘‘(i) re-assign the mortgage to the mort- Sec. 701. Short title. ‘‘(F) the Secretary may reimburse the gagee under terms and conditions as are Sec. 702. Effect of foreclosure on preexisting mortgagee from the appropriate guaranty agreed to by the mortgagee and the Sec- tenancy. fund in connection with any activities that retary;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5746 CONGRESSIONAL RECORD — SENATE May 20, 2009 ‘‘(ii) act as a Government National Mort- SEC. 103. ADDITIONAL FUNDING FOR HUD PRO- (1) A copy of the data collection instru- gage Association issuer, or contract with an GRAMS TO ASSIST INDIVIDUALS TO ment currently used by the Office of the entity for such purpose, in order to pool the BETTER WITHSTAND THE CURRENT Comptroller of the Currency and the Office MORTGAGE CRISIS. mortgage into a Government National Mort- of Thrift Supervision to collect data on loan (a) ADDITIONAL APPROPRIATIONS FOR AD- gage Association security; or modifications. VERTISING TO INCREASE PUBLIC AWARENESS ‘‘(iii) re-sell the mortgage in accordance (2) The total number of mortgage modifica- OF MORTGAGE SCAMS AND COUNSELING ASSIST- with any program that has been established tions resulting in each of the following: ANCE.—In addition to any amounts that may (A) Additions of delinquent payments and for purchase by the Federal Government of be appropriated for each of the fiscal years mortgages insured under this title, and the fees to loan balances. 2010 and 2011 for such purpose, there is au- (B) Interest rate reductions and freezes. Secretary may coordinate standards for in- thorized to be appropriated to the Secretary terest rate reductions available for loan (C) Term extensions. of Housing and Urban Development, to re- (D) Reductions of principal. modification with interest rates established main available until expended, $10,000,000 for for such purchase. (E) Deferrals of principal. each of the fiscal years 2010 and 2011 for pur- (F) Combinations of modifications de- ‘‘(E) LOAN SERVICING.—In carrying out the poses of providing additional resources to be scribed in subparagraph (A), (B), (C), (D), or program under this subsection, the Sec- used for advertising to raise awareness of (E). retary may require the existing servicer of a mortgage fraud and to support HUD pro- (3) The total number of mortgage modifica- mortgage assigned to the Secretary under grams and approved counseling agencies, tions in which the total monthly principal the program to continue servicing the mort- provided that such amounts are used to ad- and interest payment resulted in the fol- gage as an agent of the Secretary during the vertise in the 100 metropolitan statistical lowing: period that the Secretary acquires and holds areas with the highest rate of home fore- (A) An increase. the mortgage for the purpose of modifying closures, and provided, further that up to (B) Remained the same. the terms of the mortgage. If the mortgage $5,000,000 of such amounts are used for adver- (C) Decreased less than 10 percent. is resold pursuant to subparagraph (D)(iii), tisements designed to reach and inform (D) Decreased between 10 percent and 20 the Secretary may provide for the existing broad segments of the community. percent. servicer to continue to service the mortgage (b) ADDITIONAL APPROPRIATIONS FOR THE (E) Decreased 20 percent or more. or may engage another entity to service the HOUSING COUNSELING ASSISTANCE PROGRAM.— (4) The total number of loans that have mortgage.’’. In addition to any amounts that may be ap- been modified and then entered into default, propriated for each of the fiscal years 2010 where the loan modification resulted in— (b) TECHNICAL AMENDMENTS.—Subsection and 2011 for such purpose, there is authorized (h) of section 502 of the Housing Act of 1949 (A) higher monthly payments by the home- to be appropriated to the Secretary of Hous- owner; (42 U.S.C. 1472(h)) is amended— ing and Urban Development, to remain avail- (B) equivalent monthly payments by the (1) in paragraph (5)(A), by striking ‘‘(as de- able until expended, $50,000,000 for each of homeowner; fined in paragraph (13)’’ and inserting ‘‘(as the fiscal years 2010 and 2011 to carry out the (C) lower monthly payments by the home- defined in paragraph (17)’’; and Housing Counseling Assistance Program es- owner of up to 10 percent; (2) in paragraph (18)(E)(as so redesignated tablished within the Department of Housing (D) lower monthly payments by the home- by subsection (a)(2)), by— and Urban Development, provided that such owner of between 10 percent to 20 percent; or (A) striking ‘‘paragraphs (3), (6), (7)(A), (8), amounts are used to fund HUD-certified (E) lower monthly payments by the home- and (10)’’ and inserting ‘‘paragraphs (3), (6), housing-counseling agencies located in the owner of more than 20 percent. (7)(A), (8), (10), (13), and (14)’’; and 100 metropolitan statistical areas with the (b) DATA COLLECTION.— (B) striking ‘‘paragraphs (2) through (13)’’ highest rate of home foreclosures for the (1) REQUIRED.— and inserting ‘‘paragraphs (2) through (15)’’. purpose of assisting homeowners with inquiries regarding mortgage-modification assist- (A) IN GENERAL.—Not later than 60 days (c) PROCEDURE.— ance and mortgage scams. after the date of the enactment of this Act, (1) IN GENERAL.—The promulgation of regu- (c) ADDITIONAL APPROPRIATIONS FOR PER- the Comptroller of the Currency and the Di- lations necessitated and the administration SONNEL AT THE OFFICE OF FAIR HOUSING AND rector of the Office of Thrift Supervision, actions required by the amendments made EQUAL OPPORTUNITY.—In addition to any shall issue mortgage modification data col- by this section shall be made without regard amounts that may be appropriated for each lection and reporting requirements to insti- to— of the fiscal years 2010 and 2011 for such pur- tutions covered under the reporting require- (A) the notice and comment provisions of pose, there is authorized to be appropriated ment of the mortgage metrics program of section 553 of title 5, United States Code; to the Secretary of Housing and Urban De- the Comptroller or the Director. (B) the Statement of Policy of the Sec- velopment, to remain available until ex- (B) INCLUSIVENESS OF COLLECTIONS.—The retary of Agriculture effective July 24, 1971 pended, $5,000,000 for each of the fiscal years requirements under subparagraph (A) shall (36 Fed. Reg. 13804), relating to notices of 2010 and 2011 for purposes of hiring additional provide for the collection of all mortgage proposed rulemaking and public participa- personnel at the Office of Fair Housing and modification data needed by the Comptroller tion in rulemaking; and Equal Opportunity within the Department of of the Currency and the Director of the Of- (C) chapter 35 of title 44, United States Housing and Urban Development, provided fice of Thrift Supervision to fulfill the re- Code (commonly known as the ‘‘Paperwork that such amounts are used to hire personnel porting requirements under subsection (a). Reduction Act’’). at the local branches of such Office located (2) REPORT.—The Comptroller of the Cur- (2) CONGRESSIONAL REVIEW OF AGENCY RULE- in the 100 metropolitan statistical areas with rency shall report all requirements established under paragraph (1) to each com- MAKING.—In carrying out this section, and the highest rate of home foreclosures. mittee receiving the report required under the amendments made by this section, the SEC. 104. MORTGAGE MODIFICATION DATA COL- subsection (a). Secretary shall use the authority provided LECTING AND REPORTING. under section 808 of title 5, United States (a) REPORTING REQUIREMENTS.—Not later SEC. 105. NEIGHBORHOOD STABILIZATION PRO- Code. than 120 days after the date of the enactment GRAM REFINEMENTS. of this Act, and quarterly thereafter, the (a) IN GENERAL.—Section 2301(c) of the SEC. 102. MODIFICATION OF HOUSING LOANS Comptroller of the Currency and the Direc- GUARANTEED BY THE DEPARTMENT Foreclosure Prevention Act of 2008 (42 U.S.C. OF VETERANS AFFAIRS. tor of the Office of Thrift Supervision, shall 5301 note) is amended— jointly submit a report to the Committee on (1) by redesignating paragraph (3) as para- (a) MATURITY OF HOUSING LOANS.—Section Banking, Housing, and Urban Affairs of the graph (4); and 3703(d)(1) of title 38, United States Code, is Senate, the Committee on Financial Serv- (2) by inserting after paragraph (2) the fol- amended by inserting ‘‘at the time of origi- ices of the House of Representatives on the lowing new paragraph: nation’’ after ‘‘loan’’. volume of mortgage modifications reported ‘‘(3) EXCEPTION FOR CERTAIN STATES.—Each to the Office of the Comptroller of the Cur- State that has received the minimum alloca- (b) IMPLEMENTATION.—The Secretary of rency and the Office of Thrift Supervision, tion of amounts pursuant to the requirement Veterans Affairs may implement the amend- under the mortgage metrics program of each under section 2302 may, to the extent such ments made by this section through notice, such Office, during the previous quarter, in- State has fulfilled the requirements of para- procedure notice, or administrative notice. cluding the following: graph (2), distribute any remaining amounts

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5747

to areas with homeowners at risk of fore- ‘‘(c) STANDARD INDUSTRY PRACTICE.—The (j), (l), (n), (s)(3), and (v) and inserting ‘‘Sec- closure or in foreclosure without regard to qualified loss mitigation plan guidelines retary’’; the percentage of home foreclosures in such issued by the Secretary of the Treasury (3) in subsection (e)— areas.’’. under the Emergency Economic Stabiliza- (A) by striking paragraph (1) and inserting (b) RETROACTIVE EFFECTIVE DATE.—The tion Act of 2008 shall constitute standard in- the following: amendment made by subsection (a) shall dustry practice for purposes of all Federal ‘‘(1) BORROWER CERTIFICATION.— take effect as if enacted on the date of enact- and State laws. ‘‘(A) NO INTENTIONAL DEFAULT OR FALSE IN- ment of the Foreclosure Prevention Act of ‘‘(d) SCOPE OF SAFE HARBOR.—Any person, FORMATION.—The mortgagor shall provide a 2008 (Public Law 110–289). including a trustee, issuer, and loan origi- certification to the Secretary that the mort- TITLE II—FORECLOSURE MITIGATION nator, shall not be liable for monetary dam- gagor has not intentionally defaulted on the AND CREDIT AVAILABILITY ages or be subject to an injunction, stay, or existing mortgage or mortgages or any other other equitable relief, based solely upon the SEC. 201. SERVICER SAFE HARBOR FOR MORT- substantial debt within the last 5 years and GAGE LOAN MODIFICATIONS. cooperation of such person with a servicer has not knowingly, or willfully and with ac- when such cooperation is necessary for the (a) CONGRESSIONAL FINDINGS.—Congress tual knowledge, furnished material informa- finds the following: servicer to implement a qualified loss miti- tion known to be false for the purpose of ob- (1) Increasing numbers of mortgage fore- gation plan that meets the requirements of taining the eligible mortgage to be insured subsection (a). closures are not only depriving many Ameri- and has not been convicted under Federal or ‘‘(e) REPORTING.—Each servicer that en- State law for fraud during the 10-year period cans of their homes, but are also desta- gages in qualified loss mitigation plans bilizing property values and negatively af- ending upon the insurance of the mortgage under this section shall regularly report to under this section. fecting State and local economies as well as the Secretary of the Treasury the extent, the national economy. ‘‘(B) LIABILITY FOR REPAYMENT.—The mort- scope, and results of the servicer’s modifica- gagor shall agree in writing that the mort- (2) In order to reduce the number of fore- tion activities. The Secretary of the Treas- closures and to stabilize property values, gagor shall be liable to repay to the Sec- ury shall prescribe regulations or guidance retary any direct financial benefit achieved local economies, and the national economy, specifying the form, content, and timing of from the reduction of indebtedness on the ex- servicers must be given— such reports. isting mortgage or mortgages on the resi- (A) authorization to— ‘‘(f) DEFINITIONS.—As used in this section— (i) modify mortgage loans and engage in ‘‘(1) the term ‘qualified loss mitigation dence refinanced under this section derived other loss mitigation activities consistent plan’ means— from misrepresentations made by the mort- with applicable guidelines issued by the Sec- ‘‘(A) a residential loan modification, work- gagor in the certifications and documenta- retary of the Treasury or his designee under out, or other loss mitigation plan, including tion required under this paragraph, subject the Emergency Economic Stabilization Act to the extent that the Secretary of the to the discretion of the Secretary. URRENT BORROWER DEBT-TO-INCOME of 2008; and Treasury determines appropriate, a loan ‘‘(C) C RATIO.—As of the date of application for a (ii) refinance mortgage loans under the sale, real property disposition, trial modi- commitment to insure or insurance under Hope for Homeowners program; and fication, pre-foreclosure sale, and deed in this section, the mortgagor shall have had, (B) a safe harbor to enable such servicers lieu of foreclosure, that is described or au- or thereafter is likely to have, due to the to exercise these authorities. thorized in guidelines issued by the Sec- terms of the mortgage being reset, a ratio of (b) SAFE HARBOR.—Section 129A of the retary of the Treasury or his designee under mortgage debt to income, taking into con- Truth in Lending Act (15 U.S.C. 1639a) is the Emergency Economic Stabilization Act sideration all existing mortgages of that amended to read as follows: of 2008; and mortgagor at such time, greater than 31 per- ‘‘SEC. 129. DUTY OF SERVICERS OF RESIDENTIAL ‘‘(B) a refinancing of a mortgage under the cent (or such higher amount as the Sec- MORTGAGES. Hope for Homeowners program; retary determines appropriate).’’; ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘(2) the term ‘servicer’ means the person (B) in paragraph (4)— other provision of law, whenever a servicer responsible for the servicing for others of (i) in subparagraph (A), by striking ‘‘, sub- of residential mortgages agrees to enter into residential mortgage loans (including of a ject to standards established by the Board a qualified loss mitigation plan with respect pool of residential mortgage loans); and under subparagraph (B),’’; and to 1 or more residential mortgages origi- ‘‘(3) the term ‘securitization vehicle’ (ii) in subparagraph (B)(i), by striking nated before the date of enactment of the means a trust, special purpose entity, or ‘‘shall’’ and inserting ‘‘may’’; and Helping Families Save Their Homes Act of other legal structure that is used to facili- (C) in paragraph (7), by striking ‘‘; and pro- 2009, including mortgages held in a tate the issuing of securities, participation vided that’’ and all that follows through securitization or other investment vehicle— certificates, or similar instruments backed ‘‘new second lien’’; ‘‘(1) to the extent that the servicer owes a by or referring to a pool of assets that in- (D) in paragraph (9)— duty to investors or other parties to maxi- cludes residential mortgages (or instruments (i) by striking ‘‘by procuring (A) an income mize the net present value of such mort- that are related to residential mortgages tax return transcript of the income tax re- gages, the duty shall be construed to apply such as credit-linked notes). to all such investors and parties, and not to ‘‘(g) RULE OF CONSTRUCTION.—No provision turn of the mortgagor, or (B)’’ and inserting any individual party or group of parties; and of subsection (b) or (d) shall be construed as ‘‘in accordance with procedures and stand- ‘‘(2) the servicer shall be deemed to have affecting the liability of any servicer or per- ards that the Secretary shall establish (pro- satisfied the duty set forth in paragraph (1) son as described in subsection (d) for actual vided that such procedures and standards are if, before December 31, 2012, the servicer im- fraud in the origination or servicing of a consistent with section 203(b) to the max- plements a qualified loss mitigation plan loan or in the implementation of a qualified imum extent possible) which may include re- that meets the following criteria: loss mitigation plan, or for the violation of a quiring the mortgagee to procure’’; and ‘‘(A) Default on the payment of such mort- State or Federal law, including laws regu- (ii) by striking ‘‘and by any other method, gage has occurred, is imminent, or is reason- lating the origination of mortgage loans, in accordance with procedures and standards ably foreseeable, as such terms are defined commonly referred to as predatory lending that the Board shall establish’’; by guidelines issued by the Secretary of the laws.’’. (E) in paragraph (10)— Treasury or his designee under the Emer- SEC. 202. CHANGES TO HOPE FOR HOMEOWNERS (i) by striking ‘‘The mortgagor shall not’’ gency Economic Stabilization Act of 2008. PROGRAM. and inserting the following: ‘‘(B) The mortgagor occupies the property (a) PROGRAM CHANGES.—Section 257 of the ‘‘(A) PROHIBITION.—The mortgagor shall securing the mortgage as his or her principal National Housing Act (12 U.S.C. 1715z–23) is not’’; and residence. amended— (ii) by adding at the end the following: ‘‘(C) The servicer reasonably determined, (1) in subsection (c)— ‘‘(B) DUTY OF MORTGAGEE.—The duty of the consistent with the guidelines issued by the (A) in the heading for paragraph (1), by mortgagee to ensure that the mortgagor is Secretary of the Treasury or his designee, striking ‘‘THE BOARD’’ and inserting ‘‘SEC- in compliance with the prohibition under that the application of such qualified loss RETARY’’; subparagraph (A) shall be satisfied if the mitigation plan to a mortgage or class of (B) in paragraph (1), by striking ‘‘Board’’ mortgagee makes a good faith effort to de- mortgages will likely provide an anticipated inserting ‘‘Secretary, after consultation with termine that the mortgagor has not been recovery on the outstanding principal mort- the Board,’’; convicted under Federal or State law for gage debt that will exceed the anticipated (C) in paragraph (1)(A), by inserting ‘‘con- fraud during the period described in subpara- recovery through foreclosures. sistent with section 203(b) to the maximum graph (A).’’; ‘‘(b) NO LIABILITY.—A servicer that is extent possible’’ before the semicolon; and (F) in paragraph (11), by inserting before deemed to be acting in the best interests of (D) by adding after paragraph (2) the fol- the period at the end the following: ‘‘, except all investors or other parties under this sec- lowing: that the Secretary may provide exceptions tion shall not be liable to any party who is ‘‘(3) DUTIES OF BOARD.—The Board shall ad- to such latter requirement (relating to owed a duty under subsection (a)(1), and vise the Secretary regarding the establish- present ownership interest) for any mort- shall not be subject to any injunction, stay, ment and implementation of the HOPE for gagor who has inherited a property’’; and or other equitable relief to such party, based Homeowners Program.’’; (G) by adding at the end: solely upon the implementation by the (2) by striking ‘‘Board’’ each place such ‘‘(12) BAN ON MILLIONAIRES.—The mort- servicer of a qualified loss mitigation plan. term appears in subsections (e), (h)(1), (h)(3), gagor shall not have a net worth, as of the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5748 CONGRESSIONAL RECORD — SENATE May 20, 2009

date the mortgagor first applies for a mort- ‘‘(y) AUCTIONS.—The Secretary, with the ‘‘(D) engaged in business practices that do gage to be insured under the Program under concurrence of the Board, shall, if feasible, not conform to generally accepted practices this section, that exceeds $1,000,000.’’; establish a structure and organize proce- of prudent mortgagees or that demonstrate (4) in subsection (h)(2), by striking ‘‘The dures for an auction to refinance eligible irresponsibility; Board shall prohibit the Secretary from pay- mortgages on a wholesale or bulk basis.’’. ‘‘(E) convicted of, or who has pled guilty or ing’’ and inserting ‘‘The Secretary shall not (b) REDUCING TARP FUNDS TO OFFSET nolo contendre to, a felony related to par- pay’’; and COSTS OF PROGRAM CHANGES.—Paragraph (3) ticipation in the real estate or mortgage (5) in subsection (i)— of section 115(a) of the Emergency Economic loan industry— (A) by redesignating paragraphs (1) and (2) Stabilization Act of 2008 (12 U.S.C. 5225) is ‘‘(i) during the 7-year period preceding the as subparagraphs (A) and (B), respectively, amended by inserting ‘‘, as such amount is date of the application for licensing and reg- and adjusting the margins accordingly; reduced by $1,244,000,000,’’ after istration; or (B) in the matter preceding subparagraph ‘‘$700,000,000,000’’. ‘‘(ii) at any time preceding such date of ap- (c) TECHNICAL CORRECTION.—The second (A), as redesignated by this paragraph, by plication, if such felony involved an act of section 257 of the National Housing Act striking ‘‘For each’’ and inserting the fol- fraud, dishonesty, or a breach of trust, or (Public Law 110–289; 122 Stat. 2839; 12 U.S.C. lowing: money laundering; 1715z–24) is amended by striking the section ‘‘(1) PREMIUMS.—For each’’; ‘‘(F) in violation of provisions of the heading and inserting the following: (C) in subparagraph (A), as redesignated by S.A.F.E. Mortgage Licensing Act of 2008 (12 ‘‘SEC. 258. PILOT PROGRAM FOR AUTOMATED this paragraph, by striking ‘‘equal to 3 per- U.S.C. 5101 et seq.) or any applicable provi- cent’’ and inserting ‘‘not more than 3 per- PROCESS FOR BORROWERS WITH- OUT SUFFICIENT CREDIT HISTORY.’’. sion of State law; or cent’’; and SEC. 203. REQUIREMENTS FOR FHA-APPROVED ‘‘(G) in violation of any other requirement (D) in subparagraph (B), as redesignated by MORTGAGEES. as established by the Secretary. this paragraph, by striking ‘‘equal to 1.5 per- (a) MORTGAGEE REVIEW BOARD.— ‘‘(3) RULEMAKING AND IMPLEMENTATION.— cent’’ and inserting ‘‘not more than 1.5 per- (1) IN GENERAL.—Section 202(c)(2) of the Na- The Secretary shall conduct a rulemaking to cent’’; tional Housing Act (12 U.S.C. 1708(c)) is carry out this subsection. The Secretary (E) by adding at the end the following: amended— shall implement this subsection not later ‘‘(2) CONSIDERATIONS.—In setting the pre- (A) in subparagraph (E), by inserting than the expiration of the 60-day period be- mium under this subsection, the Secretary ‘‘and’’ after the semicolon; ginning upon the date of the enactment of shall consider— (B) in subparagraph (F), by striking ‘‘; this subsection by notice, mortgagee letter, ‘‘(A) the financial integrity of the HOPE and’’ and inserting ‘‘or their designees.’’; and or interim final regulations, which shall for Homeowners Program; and (C) by striking subparagraph (G). take effect upon issuance.’’; and ‘‘(B) the purposes of the HOPE for Home- (2) PROHIBITION AGAINST LIMITATIONS ON (3) by adding at the end the following new owners Program described in subsection MORTGAGEE REVIEW BOARD’S POWER TO TAKE subsection: (b).’’; ACTION AGAINST MORTGAGEES.—Section 202(c) (6) in subsection (k)— of the National Housing Act (12 U.S.C. ‘‘(h) USE OF NAME.—The Secretary shall, (A) by striking the subsection heading and 1708(c)) is amended by adding at the end the by regulation, require each mortgagee ap- inserting ‘‘EXIT FEE’’; following new paragraph: proved by the Secretary for participation in (B) in paragraph (1), in the matter pre- ‘‘(9) PROHIBITION AGAINST LIMITATIONS ON the FHA mortgage insurance programs of ceding subparagraph (A), by striking ‘‘such MORTGAGEE REVIEW BOARD’S POWER TO TAKE the Secretary— sale or refinancing’’ and inserting ‘‘the mort- ACTION AGAINST MORTGAGEES.—No State or ‘‘(1) to use the business name of the mortgage being insured under this section’’; and local law, and no Federal law (except a Fed- gagee that is registered with the Secretary (C) in paragraph (2), by striking ‘‘and the eral law enacted expressly in limitation of in connection with such approval in all ad- mortgagor’’ and all that follows through the this subsection after the effective date of vertisements and promotional materials, as end and inserting ‘‘may, upon any sale or this sentence), shall preclude or limit the ex- such terms are defined by the Secretary, re- disposition of the property to which the ercise by the Board of its power to take any lating to the business of such mortgagee in mortgage relates, be entitled to up to 50 per- action authorized under paragraphs (3) and such mortgage insurance programs; and cent of appreciation, up to the appraised (6) of this subsection against any mort- ‘‘(2) to maintain copies of all such adver- value of the home at the time when the gagee.’’. tisements and promotional materials, in mortgage being refinanced under this section (b) LIMITATIONS ON PARTICIPATION AND such form and for such period as the Sec- was originally made. The Secretary may MORTGAGEE APPROVAL AND USE OF NAME.— retary requires.’’. share any amounts received under this para- Section 202 of the National Housing Act (12 graph with or assign the rights of any U.S.C. 1708) is amended— (c) PAYMENT FOR LOSS MITIGATION.—Sec- amounts due to the Secretary to the holder (1) by redesignating subsections (d), (e), tion 204(a)(2) of the National Housing Act (12 of the existing senior mortgage on the eligi- and (f) as subsections (e), (f), and (g), respec- U.S.C. 1710(a)(2)) is amended— ble mortgage, the holder of any existing sub- tively; (1) by inserting ‘‘or faces imminent de- ordinate mortgage on the eligible mortgage, (2) by inserting after subsection (c) the fol- fault, as defined by the Secretary’’ after ‘‘de- or both.’’; lowing new subsection: fault’’; (7) in the heading for subsection (n), by ‘‘(d) LIMITATIONS ON PARTICIPATION IN (2) by inserting ‘‘support for borrower striking ‘‘THE BOARD’’ and inserting ‘‘SEC- ORIGINATION AND MORTGAGEE APPROVAL.— housing counseling, partial claims, borrower RETARY’’; ‘‘(1) REQUIREMENT.—Any person or entity incentives, preforeclosure sale,’’ after ‘‘loan (8) in subsection (p), by striking ‘‘Under that is not approved by the Secretary to modification,’’; and the direction of the Board, the’’ and insert- serve as a mortgagee, as such term is defined (3) by striking ‘‘204(a)(1)(A)’’ and inserting ing ‘‘The’’; in subsection (c)(7), shall not participate in ‘‘subsection (a)(1)(A) or section 230(c)’’. the origination of an FHA-insured loan ex- (9) in subsection (s)— (d) PAYMENT OF FHA MORTGAGE INSURANCE (A) in the first sentence of paragraph (2), cept as authorized by the Secretary. BENEFITS.— by striking ‘‘Board of Directors of’’ and in- ‘‘(2) ELIGIBILITY FOR APPROVAL.—In order (1) ADDITIONAL LOSS MITIGATION ACTIONS.— serting ‘‘Advisory Board for’’; and to be eligible for approval by the Secretary, Section 230(a) of the National Housing Act (B) in paragraph (3)(A)(ii), by striking an applicant mortgagee shall not be, and (12 U.S.C. 1715u(a)) is amended— ‘‘subsection (e)(1)(B) and such other’’ and in- shall not have any officer, partner, director, (A) by inserting ‘‘or imminent default, as serting ‘‘such’’; principal, manager, supervisor, loan proc- defined by the Secretary’’ after ‘‘default’’; (10) in subsection (v), by inserting after the essor, loan underwriter, or loan originator of (B) by striking ‘‘loss’’ and inserting period at the end the following: ‘‘The Sec- the applicant mortgagee who is— ‘‘loan’’; retary shall conform documents, forms, and ‘‘(A) currently suspended, debarred, under (C) by inserting ‘‘preforeclosure sale, sup- procedures for mortgages insured under this a limited denial of participation (LDP), or port for borrower housing counseling, subor- section to those in place for mortgages in- otherwise restricted under part 25 of title 24 dinate lien resolution, borrower incentives,’’ sured under section 203(b) to the maximum of the Code of Federal Regulations, 2 Code of after ‘‘loan modification,’’; extent possible consistent with the require- Federal Regulations, part 180 as imple- (D) by inserting ‘‘as required,’’ after ‘‘deeds ments of this section.’’; and mented by part 2424, or any successor regula- in lieu of foreclosure,’’; and (11) by adding at the end the following new tions to such parts, or under similar provi- (E) by inserting ‘‘or section 230(c),’’ before subsections: sions of any other Federal agency; ‘‘as provided’’. ‘‘(x) PAYMENTS TO SERVICERS AND ORIGINA- ‘‘(B) under indictment for, or has been con- (2) AMENDMENT TO PARTIAL CLAIM AUTHOR- TORS.—The Secretary may establish a pay- victed of, an offense that reflects adversely ment to the— upon the applicant’s integrity, competence ITY.—Section 230(b) of the National Housing ‘‘(1) servicer of the existing senior mort- or fitness to meet the responsibilities of an Act (12 U.S.C. 1715u(b)) is amended to read as gage or existing subordinate mortgage for approved mortgagee; follows: every loan insured under the HOPE for ‘‘(C) subject to unresolved findings con- ‘‘(b) PAYMENT OF PARTIAL CLAIM.— Homeowners Program; and tained in a Department of Housing and ‘‘(1) ESTABLISHMENT OF PROGRAM.—The ‘‘(2) originator of each new loan insured Urban Development or other governmental Secretary may establish a program for pay- under the HOPE for Homeowners Program. audit, investigation, or review; ment of a partial claim to a mortgagee that

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5749 agrees to apply the claim amount to pay- upon the assignment, transfer, and delivery or any implementing regulation, handbook, ment of a mortgage on a 1- to 4-family resi- to the Secretary of all rights, interest, or mortgagee letter that is issued under this dence that is in default or faces imminent claims, evidence, and records with respect to Act.’’; and default, as defined by the Secretary. the mortgage specified in clauses (i) through (iii) by inserting after subparagraph (J) the ‘‘(2) PAYMENTS AND EXCEPTIONS.—Any pay- (iv) of section 204(a)(1)(A). following: ment of a partial claim under the program ‘‘(C) DISPOSITION.—After modification of a ‘‘(K) Violation of section 202(d) of this Act established in paragraph (1) to a mortgagee mortgage pursuant to this paragraph, the (12 U.S.C. 1708(d)). shall be made in the sole discretion of the Secretary may provide insurance under this ‘‘(L) Use of ‘Federal Housing Administra- Secretary and on terms and conditions ac- title for the mortgage. The Secretary may tion’, ‘Department of Housing and Urban De- ceptable to the Secretary, except that— subsequently— velopment’, ‘Government National Mortgage ‘‘(A) the amount of the payment shall be in ‘‘(i) re-assign the mortgage to the mort- Association’, ‘Ginnie Mae’, the acronyms an amount determined by the Secretary, not gagee under terms and conditions as are ‘HUD’, ‘FHA’, or ‘GNMA’, or any official seal to exceed an amount equivalent to 30 percent agreed to by the mortgagee and the Sec- or logo of the Department of Housing and of the unpaid principal balance of the mort- retary; Urban Development, except as authorized by gage and any costs that are approved by the ‘‘(ii) act as a Government National Mort- the Secretary.’’; Secretary; gage Association issuer, or contract with an (B) in paragraph (2)— ‘‘(B) the amount of the partial claim pay- entity for such purpose, in order to pool the (i) in subparagraph (B), by striking ‘‘or’’ at ment shall first be applied to any arrearage mortgage into a Government National Mort- the end; on the mortgage, and may also be applied to gage Association security; or (ii) in subparagraph (C), by striking the pe- achieve principal reduction; ‘‘(iii) re-sell the mortgage in accordance riod at the end and inserting ‘‘; or’’; and ‘‘(C) the mortgagor shall agree to repay with any program that has been established (iii) by adding at the end the following new the amount of the insurance claim to the for purchase by the Federal Government of subparagraph: Secretary upon terms and conditions accept- mortgages insured under this title, and the ‘‘(D) causing or participating in any of the able to the Secretary; Secretary may coordinate standards for in- violations set forth in paragraph (1) of this ‘‘(D) the Secretary may permit compensa- terest rate reductions available for loan subsection.’’; and tion to the mortgagee for lost income on modification with interest rates established (C) by amending paragraph (3) to read as monthly payments, due to a reduction in the for such purchase. follows: interest rate charged on the mortgage; ‘‘(D) LOAN SERVICING.—In carrying out this ‘‘(3) PROHIBITION AGAINST MISLEADING USE ‘‘(E) expenses related to the partial claim paragraph, the Secretary may require the ex- OF FEDERAL ENTITY DESIGNATION.—The Sec- or modification may not be charged to the isting servicer of a mortgage assigned to the retary may impose a civil money penalty, as borrower; Secretary to continue servicing the mort- adjusted from time to time, under subsection ‘‘(F) loans may be modified to extend the gage as an agent of the Secretary during the (a) for any use of ‘Federal Housing Adminis- term of the mortgage to a maximum of 40 period that the Secretary acquires and holds tration’, ‘Department of Housing and Urban years from the date of the modification; and the mortgage for the purpose of modifying Development’, ‘Government National Mort- ‘‘(G) the Secretary may permit incentive the terms of the mortgage, provided that the gage Association’, ‘Ginnie Mae’, the acro- payments to the mortgagee, on the bor- Secretary compensates the existing servicer nyms ‘HUD’, ‘FHA’, or ‘GNMA’, or any offi- rower’s behalf, based on successful perform- appropriately, as such compensation is de- cial seal or logo of the Department of Hous- ance of a modified mortgage, which shall be termined by the Secretary consistent, to the ing and Urban Development, by any person, used to reduce the amount of principal in- maximum extent possible, with section party, company, firm, partnership, or busi- debtedness. 203(b). If the mortgage is resold pursuant to ness, including sellers of real estate, closing ‘‘(3) PAYMENTS IN CONNECTION WITH CERTAIN subparagraph (C)(iii), the Secretary may pro- agents, title companies, real estate agents, ACTIVITIES.—The Secretary may pay the vide for the existing servicer to continue to mortgage brokers, appraisers, loan cor- mortgagee, from the appropriate insurance service the mortgage or may engage another respondents, and dealers, except as author- fund, in connection with any activities that entity to service the mortgage.’’. ized by the Secretary.’’; and the mortgagee is required to undertake con- MPLEMENTATION.—The Secretary of cerning repayment by the mortgagor of the (4) I (2) in subsection (g), by striking ‘‘The amount owed to the Secretary.’’. Housing and Urban Development may imple- term’’ and all that follows through the end ment the amendments made by this sub- of the sentence and inserting ‘‘For purposes (3) ASSIGNMENT.—Section 230(c) of the Na- tional Housing Act (12 U.S.C. 1715u(c)) is section through notice or mortgagee letter. of this section, a person acts knowingly amended— (e) CHANGE OF STATUS.—The National when a person has actual knowledge of acts (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; Housing Act is amended by striking section or should have known of the acts.’’. (g) EXPANDED REVIEW OF FHA MORTGAGEE (B) by redesignating paragraphs (1), (2), 532 (12 U.S.C. 1735f–10) and inserting the fol- APPLICANTS AND NEWLY APPROVED MORTGA- and (3) as subparagraphs (A), (B), and (C), re- lowing new section: GEES.—Not later than the expiration of the 3- spectively; ‘‘SEC. 532. CHANGE OF MORTGAGEE STATUS. month period beginning upon the date of the (C) in paragraph (1)(B) (as so redesig- ‘‘(a) NOTIFICATION.—Upon the occurrence of enactment of this Act, the Secretary of nated)— any action described in subsection (b), an ap- Housing and Urban Development shall— (i) by redesignating subparagraphs (A), (B), proved mortgagee shall immediately submit (1) expand the existing process for review- and (C) as clauses (i), (ii), and (iii), respec- to the Secretary, in writing, notification of ing new applicants for approval for partici- tively; such occurrence. pation in the mortgage insurance programs (ii) in the matter preceding clause (i) (as so ‘‘(b) ACTIONS.—The actions described in of the Secretary for mortgages on 1- to 4- redesignated), by striking ‘‘under a program this subsection are as follows: family residences for the purpose of identi- under this subsection’’ and inserting ‘‘under ‘‘(1) The debarment, suspension or a Lim- fying applicants who represent a high risk to this paragraph’’; and ited Denial of Participation (LDP), or appli- the Mutual Mortgage Insurance Fund; and (iii) in clause (i) (as so redesignated), by in- cation of other sanctions, other exclusions, (2) implement procedures that, for mortga- serting ‘‘or facing imminent default, as defines, or penalties applied to the mortgagee gees approved during the 12-month period fined by the Secretary’’ after ‘‘default’’; or to any officer, partner, director, principal, ending upon such date of enactment— (D) in paragraph (1)(C) (as so redesignated), manager, supervisor, loan processor, loan un- (A) expand the number of mortgages origi- by striking ‘‘under a program under this sub- derwriter, or loan originator of the mort- nated by such mortgagees that are reviewed section’’ and inserting ‘‘under this para- gagee pursuant to applicable provisions of for compliance with applicable laws, regula- graph’’; and State or Federal law. tions, and policies; and (E) by adding at the end the following: ‘‘(2) The revocation of a State-issued mort- (B) include a process for random reviews of ‘‘(2) ASSIGNMENT AND LOAN MODIFICATION.— gage loan originator license issued pursuant such mortgagees and a process for reviews ‘‘(A) AUTHORITY.—The Secretary may en- to the S.A.F.E. Mortgage Licensing Act of that is based on volume of mortgages origi- courage loan modifications for eligible delin- 2008 (12 U.S.C. 5101 et seq.) or any other simi- nated by such mortgagees. quent mortgages or mortgages facing immi- lar declaration of ineligibility pursuant to nent default, as defined by the Secretary, State law.’’. SEC. 204. ENHANCEMENT OF LIQUIDITY AND STA- BILITY OF INSURED DEPOSITORY IN- through the payment of insurance benefits (f) CIVIL MONEY PENALTIES.—Section 536 of STITUTIONS TO ENSURE AVAIL- and assignment of the mortgage to the Sec- the National Housing Act (12 U.S.C. 1735f–14) ABILITY OF CREDIT AND REDUC- retary and the subsequent modification of is amended— TION OF FORECLOSURES. the terms of the mortgage according to a (1) in subsection (b)— (a) TEMPORARY INCREASE IN DEPOSIT INSUR- loan modification approved by the mort- (A) in paragraph (1)— ANCE EXTENDED.—Section 136 of the Emer- gagee. (i) in the matter preceding subparagraph gency Economic Stabilization Act of 2008 (12 ‘‘(B) PAYMENT OF BENEFITS AND ASSIGN- (A), by inserting ‘‘or any of its owners, offi- U.S.C. 5241) is amended— MENT.—In carrying out this paragraph, the cers, or directors’’ after ‘‘mortgagee or lend- (1) in subsection (a)— Secretary may pay insurance benefits for a er’’; (A) in paragraph (1), by striking ‘‘Decem- mortgage, in the amount determined in ac- (ii) in subparagraph (H), by striking ‘‘title ber 31, 2009’’ and inserting ‘‘December 31, cordance with section 204(a)(5), without re- I’’ and all that follows through ‘‘under this 2013’’; duction for any amounts modified, but only Act.’’ and inserting ‘‘title I or II of this Act, (B) by striking paragraph (2);

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5750 CONGRESSIONAL RECORD — SENATE May 20, 2009

(C) by redesignating paragraph (3) as para- (3) TEMPORARY INCREASES OF BORROWING subparagraph (C) without any determination graph (2); and AUTHORITY FOR NCUA.—Section 203(d) of the under sub-clause (I) having been made, (D) in paragraph (2), as so redesignated, by Federal Credit Union Act (12 U.S.C. 1783(d)) the Board shall establish and implement a striking ‘‘December 31, 2009’’ and inserting is amended by adding at the end the fol- restoration plan within 90 days that meets ‘‘December 31, 2013’’; and lowing: the requirements of clause (ii) and such (2) in subsection (b)— ‘‘(4) TEMPORARY INCREASES AUTHORIZED.— other conditions as the Board determines to (A) in paragraph (1), by striking ‘‘Decem- ‘‘(A) RECOMMENDATIONS FOR INCREASE.— be appropriate. ber 31, 2009’’ and inserting ‘‘December 31, During the period beginning on the date of ‘‘(ii) REQUIREMENTS OF RESTORATION 2013’’; enactment of this paragraph and ending on PLAN.—A restoration plan meets the require- (B) by striking paragraph (2); December 31, 2010, if, upon the written rec- ments of this clause if the plan provides that (C) by redesignating paragraph (3) as para- ommendation of the Board (upon a vote of the equity ratio of the Fund will meet or ex- graph (2); and not less than two-thirds of the members of ceed the minimum amount specified in sub- (D) in paragraph (2), as so redesignated, by the Board) and the Board of Governors of the paragraph (C) before the end of the 8-year pe- striking ‘‘December 31, 2009’’ and inserting Federal Reserve System (upon a vote of not riod beginning upon the implementation of ‘‘December 31, 2013’’; and less than two-thirds of the members of such the plan (or such longer period as the Board (b) EXTENSION OF RESTORATION PLAN PE- Board), the Secretary of the Treasury (in may determine to be necessary due to ex- RIOD.—Section 7(b)(3)(E)(ii) of the Federal consultation with the President) determines traordinary circumstances). Deposit Insurance Act (12 U.S.C. that additional amounts above the ‘‘(iii) TRANSPARENCY.—Not more than 30 1817(b)(3)(E)(ii)) is amended by striking ‘‘5- $6,000,000,000 amount specified in paragraph days after the Board establishes and imple- year period’’ and inserting ‘‘8-year period’’. (1) are necessary, such amount shall be in- ments a restoration plan under clause (i), the (c) FDIC AND NCUA BORROWING AUTHOR- creased to the amount so determined to be Board shall publish in the Federal Register a ITY.— necessary, not to exceed $30,000,000,000. detailed analysis of the factors considered (1) FDIC.—Section 14(a) of the Federal De- ‘‘(B) REPORT REQUIRED.—If the borrowing and the basis for the actions taken with re- posit Insurance Act (12 U.S.C. 1824(a)) is authority of the Board is increased above gard to the plan.’’. amended— $6,000,000,000 pursuant to subparagraph (A), (f) TEMPORARY CORPORATE CREDIT UNION (A) by striking ‘‘$30,000,000,000’’ and insert- STABILIZATION FUND.— ing ‘‘$100,000,000,000’’; the Board shall promptly submit a report to (1) ESTABLISHMENT OF STABILIZATION (B) by striking ‘‘The Corporation is au- the Committee on Banking, Housing, and FUND.—Title II of the Federal Credit Union thorized’’ and inserting the following: Urban Affairs of the Senate and the Com- mittee on Financial Services of the House of Act (12 U.S.C. 1781 et seq.) is amended by ‘‘(1) IN GENERAL.—The Corporation is au- adding at the end the following new section: thorized’’; Representatives describing the reasons and need for the additional borrowing authority ‘‘SEC. 217. TEMPORARY CORPORATE CREDIT (C) by striking ‘‘There are hereby’’ and in- UNION STABILIZATION FUND. serting the following: and its intended uses.’’. ‘‘(a) ESTABLISHMENT OF STABILIZATION ‘‘(2) FUNDING.—There are hereby’’; and (d) EXPANDING SYSTEMIC RISK SPECIAL AS- FUND.—There is hereby created in the Treas- (D) by adding at the end the following: SESSMENTS.—Section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act (12 U.S.C. ury of the United States a fund to be known ‘‘(3) TEMPORARY INCREASES AUTHORIZED.— as the ‘Temporary Corporate Credit Union 1823(c)(4)(G)(ii)) is amended to read as fol- ‘‘(A) RECOMMENDATIONS FOR INCREASE.— Stabilization Fund.’ The Board will admin- lows: During the period beginning on the date of ister the Stabilization Fund as prescribed by ‘‘(ii) REPAYMENT OF LOSS.— enactment of this paragraph and ending on section 209. ‘‘(I) IN GENERAL.—The Corporation shall re- December 31, 2010, if, upon the written rec- ‘‘(b) EXPENDITURES FROM STABILIZATION ommendation of the Board of Directors cover the loss to the Deposit Insurance Fund FUND.—Money in the Stabilization Fund (upon a vote of not less than two-thirds of arising from any action taken or assistance shall be available upon requisition by the the members of the Board of Directors) and provided with respect to an insured deposi- Board, without fiscal year limitation, for the Board of Governors of the Federal Re- tory institution under clause (i) from 1 or making payments for the purposes described serve System (upon a vote of not less than more special assessments on insured deposi- in section 203(a), subject to the following ad- two-thirds of the members of such Board), tory institutions, depository institution ditional limitations: the Secretary of the Treasury (in consulta- holding companies (with the concurrence of ‘‘(1) All payments other than administration with the President) determines that ad- the Secretary of the Treasury with respect tive payments shall be connected to the con- ditional amounts above the $100,000,000,000 to holding companies), or both, as the Cor- servatorship, liquidation, or threatened con- amount specified in paragraph (1) are nec- poration determines to be appropriate. servatorship or liquidation, of a corporate essary, such amount shall be increased to ‘‘(II) TREATMENT OF DEPOSITORY INSTITU- credit union. the amount so determined to be necessary, TION HOLDING COMPANIES.—For purposes of ‘‘(2) Prior to authorizing each payment the not to exceed $500,000,000,000. this clause, sections 7(c)(2) and 18(h) shall Board shall— ‘‘(B) REPORT REQUIRED.—If the borrowing apply to depository institution holding com- ‘‘(A) certify that, absent the existence of authority of the Corporation is increased panies as if they were insured depository in- the Stabilization Fund, the Board would above $100,000,000,000 pursuant to subpara- stitutions. have made the identical payment out of the graph (A), the Corporation shall promptly ‘‘(III) REGULATIONS.—The Corporation shall National Credit Union Share Insurance Fund submit a report to the Committee on Bank- prescribe such regulations as it deems nec- (Insurance Fund); and ing, Housing, and Urban Affairs of the Sen- essary to implement this clause. In pre- ‘‘(B) report each such certification to the ate and the Committee on Financial Services scribing such regulations, defining terms, Committee on Banking, Housing, and Urban of the House of Representatives describing and setting the appropriate assessment rate Affairs of the Senate and the Committee on the reasons and need for the additional bor- or rates, the Corporation shall establish Financial Services of the House of Rep- rowing authority and its intended uses. rates sufficient to cover the losses incurred resentatives. ‘‘(C) RESTRICTION ON USAGE.—The Corpora- as a result of the actions of the Corporation ‘‘(c) AUTHORITY TO BORROW.— tion may not borrow pursuant to subpara- under clause (i) and shall consider: the types ‘‘(1) IN GENERAL.—The Stabilization Fund graph (A) to fund obligations of the Corpora- of entities that benefit from any action is authorized to borrow from the Secretary tion incurred as a part of a program estab- taken or assistance provided under this sub- of the Treasury from time-to-time as deemed lished by the Secretary of the Treasury pur- paragraph; economic conditions, the effects necessary by the Board. The maximum out- suant to the Emergency Economic Stabiliza- on the industry, and such other factors as standing amount of all borrowings from the tion Act of 2008 to purchase or guarantee as- the Corporation deems appropriate and rel- Treasury by the Stabilization Fund and the sets.’’. evant to the action taken or the assistance National Credit Union Share Insurance (2) NCUA.—Section 203(d)(1) of the Federal provided. Any funds so collected that exceed Fund, combined, is limited to the amount Credit Union Act (12 U.S.C. 1783(d)(1)) is actual losses shall be placed in the Deposit provided for in section 203(d)(1), including amended to read as follows: Insurance Fund.’’. any authorized increases in that amount. ‘‘(1) If, in the judgment of the Board, a (e) ESTABLISHMENT OF A NATIONAL CREDIT ‘‘(2) REPAYMENT OF ADVANCES.— loan to the insurance fund, or to the sta- UNION SHARE INSURANCE FUND RESTORATION ‘‘(A) IN GENERAL.—The advances made bilization fund described in section 217 of PLAN PERIOD.—Section 202(c)(2) of the Fed- under this section shall be repaid by the Sta- this title, is required at any time for pur- eral Credit Union Act (12 U.S.C. 1782(c)(2)) is bilization Fund, and interest on such ad- poses of this subchapter, the Secretary of the amended by adding at the end the following vance shall be paid, to the General fund of Treasury shall make the loan, but loans new subparagraph: the Treasury. under this paragraph shall not exceed in the ‘‘(D) FUND RESTORATION PLANS.— ‘‘(B) VARIABLE RATE OF INTEREST.—The aggregate $6,000,000,000 outstanding at any ‘‘(i) IN GENERAL.—Whenever— Secretary of the Treasury shall make the one time. Except as otherwise provided in ‘‘(I) the Board projects that the equity first rate determination at the time of the this subsection, section 217, and in sub- ratio of the Fund will, within 6 months of first advance under this section and shall section (e) of this section, each loan under such determination, fall below the minimum reset the rate again for all advances on each this paragraph shall be made on such terms amount specified in subparagraph (C); or anniversary of the first advance. The inter- as may be fixed by agreement between the ‘‘(II) the equity ratio of the Fund actually est rate shall be equal to the average market Board and the Secretary of the Treasury.’’. falls below the minimum amount specified in yield on outstanding marketable obligations

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5751 of the United States with remaining periods the Board shall distribute any funds, prop- ecutorial agencies in such entities, to orga- to maturity equal to 12 months. erty, or other assets remaining in the Sta- nize initiatives to address mortgage fraud, ‘‘(3) REPAYMENT SCHEDULE.—The Stabiliza- bilization Fund to the Insurance Fund and including initiatives to enforce State mort- tion Fund shall repay the advances on a shall close the Stabilization Fund. If the gage fraud laws and other related Federal first-in, first-out basis, with interest on the Board extends the final repayment date as and State laws; amount repaid, at times and dates deter- permitted under subsection (c)(3), the man- (2) provide training to Federal, State, and mined by the Board at its discretion. All ad- datory date for closing the Stabilization local law enforcement and prosecutorial vances shall be repaid not later than the Fund shall be extended by the same number agencies with respect to mortgage fraud, in- date of the seventh anniversary of the first of days.’’. cluding related Federal and State laws; advance to the Stabilization Fund, unless (2) CONFORMING AMENDMENT.—Section (3) collect and disseminate data with re- the Board extends this final repayment date. 202(c)(3)(A) of the Federal Credit Union Act spect to mortgage fraud, including Federal, The Board shall obtain the concurrence of (12 U.S.C. 1782(c)(3)(A)) is amended by insert- State, and local data relating to mortgage the Secretary of the Treasury on any pro- ing ‘‘, subject to the requirements of section fraud investigations and prosecutions; and posed extension, including the terms and 217(e),’’ after ‘‘The Board shall’’. (4) perform other functions determined by conditions of the extended repayment. SEC. 205. APPLICATION OF GSE CONFORMING the Attorney General to enhance the detec- ‘‘(d) ASSESSMENT TO REPAY ADVANCES.—At LOAN LIMIT TO MORTGAGES AS- tion of, prevention of, and response to mort- least 90 days prior to each repayment de- SISTED WITH TARP FUNDS. gage fraud in the United States. scribed in subsection (c)(3), the Board shall In making any assistance available to pre- (d) OPTIONAL FUNCTIONS.—If the Depart- set the amount of the upcoming repayment vent and mitigate foreclosures on residential ment of Justice establishes the Task Force and determine if the Stabilization Fund will properties, including any assistance for referred to in subsection (a), it is the sense of have sufficient funds to make the repay- mortgage modifications, using any amounts the Congress that the Task Force should— ment. If the Stabilization Fund might not made available to the Secretary of the (1) initiate and coordinate Federal mort- have sufficient funds to make the repay- Treasury under title I of the Emergency Eco- gage fraud investigations and, through the ment, the Board shall assess each federally nomic Stabilization Act of 2008, the Sec- coordinating entities described under sub- insured credit union a special premium due retary shall provide that the limitation on section (c), State and local mortgage fraud and payable within 60 days in an aggregate the maximum original principal obligation investigations; amount calculated to ensure the Stabiliza- of a mortgage that may be modified, refi- (2) establish a toll-free hotline for— tion Fund is able to make the repayment. nanced, made, guaranteed, insured, or other- (A) reporting mortgage fraud; The premium charge for each credit union wise assisted, using such amounts shall not (B) providing the public with access to in- shall be stated as a percentage of its insured be less than the dollar amount limitation on formation and resources with respect to shares as represented on the credit union’s the maximum original principal obligation mortgage fraud; and previous call report. The percentage shall be of a mortgage that may be purchased by the (C) directing reports of mortgage fraud to identical for each credit union. Any credit Federal Home Loan Mortgage Corporation the appropriate Federal, State, and local law union that fails to make timely payment of that is in effect, at the time that the mort- enforcement and prosecutorial agency, in- the special premium is subject to the proce- gage is modified, refinanced, made, guaran- cluding to the appropriate branch of the dures and penalties described under sub- teed, insured, or otherwise assisted using Task Force established under subsection (d); sections (d), (e), and (f) of section 202. such amounts, for the area in which the (3) create a database with respect to sus- ‘‘(e) DISTRIBUTIONS FROM INSURANCE property involved in the transaction is lo- pensions and revocations of mortgage indus- FUND.—At the end of any calendar year in cated. try licenses and certifications to facilitate which the Stabilization Fund has an out- the sharing of such information by States; standing advance from the Treasury, the In- SEC. 206. MORTGAGES ON CERTAIN HOMES ON LEASED LAND. (4) make recommendations with respect to surance Fund is prohibited from making the Section 255(b)(4) of the National Housing the need for and resources available to pro- distribution to insured credit unions de- Act (12 U.S.C. 1715z–20(b)(4)) is amended by vide the equipment and training necessary scribed in section 202(c)(3). In lieu of the dis- striking subparagraph (B) and inserting: for the Task Force to combat mortgage tribution described in that section, the In- ‘‘(B) under a lease that has a term that fraud; and surance Fund shall make a distribution to ends no earlier than the minimum number of (5) propose legislation to Federal, State, the Stabilization Fund of the maximum years, as specified by the Secretary, beyond and local legislative bodies with respect to amount possible that does not reduce the In- the actuarial life expectancy of the mort- the elimination and prevention of mortgage surance Fund’s equity ratio below the nor- gagor or comortgagor, whichever is the later fraud, including measures to address mort- mal operating level and does not reduce the date.’’. gage loan procedures and property appraiser Insurance Fund’s available assets ratio practices that provide opportunities for below 1.0 percent. SEC. 207. SENSE OF CONGRESS REGARDING MORTGAGE REVENUE BOND PUR- mortgage fraud. ‘‘(f) INVESTMENT OF STABILIZATION FUND CHASES. ASSETS.—The Board may request the Sec- TITLE IV—FORECLOSURE MORATORIUM It is the sense of the Congress that the retary of the Treasury to invest such portion PROVISIONS Secretary of the Treasury should use of the Stabilization Fund as is not, in the SEC. 401. SENSE OF THE CONGRESS ON FORE- amounts made available in this Act to pur- Board’s judgment, required to meet the cur- CLOSURES. chase mortgage revenue bonds for single- rent needs of the Stabilization Fund. Such (a) IN GENERAL.—It is the sense of the Con- family housing issued through State housing investments shall be made by the Secretary gress that mortgage holders, institutions, finance agencies and through units of local of the Treasury in public debt securities, and mortgage servicers should not initiate a government and agencies thereof. with maturities suitable to the needs of the foreclosure proceeding or a foreclosure sale Stabilization Fund, as determined by the TITLE III—MORTGAGE FRAUD TASK on any homeowner until the foreclosure Board, and bearing interest at a rate deter- FORCE mitigation provisions, like the Hope for mined by the Secretary of the Treasury, tak- SEC. 301. SENSE OF CONGRESS ON ESTABLISH- Homeowners program, as required under ing into consideration current market yields MENT OF A NATIONWIDE MORTGAGE title II, and the President’s ‘‘Homeowner Af- on outstanding marketable obligations of FRAUD TASK FORCE. fordability and Stability Plan’’ have been the United States of comparable maturity. (a) IN GENERAL.—It is the sense of the Con- implemented and determined to be oper- ‘‘(g) REPORTS.—The Board shall submit an gress that the Department of Justice estab- ational by the Secretary of Housing and annual report to Congress on the financial lish a Nationwide Mortgage Fraud Task Urban Development and the Secretary of the condition and the results of the operation of Force (hereinafter referred to in this section Treasury. the Stabilization Fund. The report is due to as the ‘‘Task Force’’) to address mortgage (b) SCOPE OF MORATORIUM.—The fore- Congress within 30 days after each anniver- fraud in the United States. closure moratorium referred to in subsection sary of the first advance made under sub- (b) SUPPORT.—If the Department of Justice (a) should apply only for first mortgages se- section (c)(1). Because the Fund will use ad- establishes the Task Force referred to in cured by the owner’s principal dwelling. vances from the Treasury to meet corporate subsection (a), it is the sense of the Congress (c) FHA-REGULATED LOAN MODIFICATION stabilization costs with full repayment of that the Attorney General should provide AGREEMENTS.—If a mortgage holder, institu- borrowings to Treasury at the Board’s dis- the Task Force with the appropriate staff, tion, or mortgage servicer to which sub- cretion not due until 7 years from the initial administrative support, and other resources section (a) applies reaches a loan modifica- advance, to the extent operating expenses of necessary to carry out the duties of the Task tion agreement with a homeowner under the the Fund exceed income, the financial condi- Force. auspices of the Federal Housing Administra- tion of the Fund may reflect a deficit. With (c) MANDATORY FUNCTIONS.—If the Depart- tion before any plan referred to in such sub- planned and required future repayments, the ment of Justice establishes the Task Force section takes effect, subsection (a) shall Board shall resolve all deficits prior to ter- referred to in subsection (a), it is the sense of cease to apply to such institution as of the mination of the Fund. the Congress that the Attorney General effective date of the loan modification agree- ‘‘(h) CLOSING OF STABILIZATION FUND.— should— ment. Within 90 days following the seventh anni- (1) establish coordinating entities, and so- (d) DUTY OF CONSUMER TO MAINTAIN PROP- versary of the initial Stabilization Fund ad- licit the voluntary participation of Federal, ERTY.—Any homeowner for whose benefit vance, or earlier at the Board’s discretion, State, and local law enforcement and pros- any foreclosure proceeding or sale is barred

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5752 CONGRESSIONAL RECORD — SENATE May 20, 2009

under subsection (a) from being instituted, BACKED SECURITIES LOAN FACILITY.—The Sec- SEC. 404. NOTIFICATION OF SALE OR TRANSFER continued, or consummated with respect to retary shall consult with the Special Inspec- OF MORTGAGE LOANS. any homeowner mortgage should not, with tor General and shall issue regulations gov- (a) IN GENERAL.—Section 131 of the Truth respect to any property securing such mort- erning the interaction of the Public-Private in Lending Act (15 U.S.C. 1641) is amended by gage, destroy, damage, or impair such prop- Investment Program, the Term-Asset adding at the end the following: erty, allow the property to deteriorate, or Backed Securities Loan Facility, and other ‘‘(g) NOTICE OF NEW CREDITOR.— commit waste on the property. similar public-private investment programs. ‘‘(1) IN GENERAL.—In addition to other dis- (e) DUTY OF CONSUMER TO RESPOND TO REA- Such regulations shall address concerns re- closures required by this title, not later than SONABLE INQUIRIES.—Any homeowner for garding the potential for excessive leverage 30 days after the date on which a mortgage whose benefit any foreclosure proceeding or that could result from interactions between loan is sold or otherwise transferred or as- sale is barred under subsection (a) from such programs. signed to a third party, the creditor that is being instituted, continued, or consummated (3) REPORT.—Not later than 60 days after the new owner or assignee of the debt shall with respect to any homeowner mortgage the date of the establishment of a program notify the borrower in writing of such trans- should respond to reasonable inquiries from described in paragraph (1), the Special In- fer, including— a creditor or servicer during the period dur- spector General shall submit a report to Con- ‘‘(A) the identity, address, telephone num- ing which such foreclosure proceeding or sale gress on the implementation of this section. ber of the new creditor; is barred. (c) ADDITIONAL APPROPRIATIONS FOR THE ‘‘(B) the date of transfer; SEC. 402. PUBLIC-PRIVATE INVESTMENT PRO- SPECIAL INSPECTOR GENERAL.— ‘‘(C) how to reach an agent or party having GRAM; ADDITIONAL APPROPRIA- (1) IN GENERAL.—Of amounts made avail- authority to act on behalf of the new cred- TIONS FOR THE SPECIAL INSPEC- able under section 115(a) of the Emergency itor; TOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM. Economic Stabilization Act of 2008 (Public ‘‘(D) the location of the place where trans- Law 110–343), $15,000,000 shall be made avail- (a) SHORT TITLE.—This section may be fer of ownership of the debt is recorded; and cited as the ‘‘Public-Private Investment Pro- able to the Special Inspector General, which ‘‘(E) any other relevant information re- gram Improvement and Oversight Act of shall be in addition to amounts otherwise garding the new creditor. 2009’’. made available to the Special Inspector Gen- ‘‘(2) DEFINITION.—As used in this sub- (b) PUBLIC-PRIVATE INVESTMENT PRO- eral. section, the term ‘mortgage loan’ means any GRAM.— (2) PRIORITIES.—In utilizing funds made consumer credit transaction that is secured (1) IN GENERAL.—Any program established available under this section, the Special In- by the principal dwelling of a consumer.’’. by the Federal Government to create a pub- spector General shall prioritize the perform- (b) PRIVATE RIGHT OF ACTION.—Section lic-private investment fund shall— ance of audits or investigations of recipients 130(a) of the Truth in Lending Act (15 U.S.C. (A) in consultation with the Special In- of non-recourse Federal loans made under 1640(a)) is amended by inserting ‘‘subsection spector General of the Trouble Asset Relief any program that is funded in whole or in (f) or (g) of section 131,’’ after ‘‘section 125,’’. Program (in this section referred to as the part by funds appropriated under the Emer- TITLE V—FARM LOAN RESTRUCTURING ‘‘Special Inspector General’’), impose strict gency Economic Stabilization Act of 2008, to the extent that such priority is consistent SEC. 501. CONGRESSIONAL OVERSIGHT PANEL conflict of interest rules on managers of pub- SPECIAL REPORT. lic-private investment funds to ensure that with other aspects of the mission of the Spe- Section 125(b) of the Emergency Economic securities bought by the funds are purchased cial Inspector General. Such audits or inves- Stabilization Act of 2008 (12 U.S.C. 5233(b)) is in arms-length transactions, that fiduciary tigations shall determine the existence of amended by adding at the end the following: any collusion between the loan recipient and duties to public and private investors in the ‘‘(3) SPECIAL REPORT ON FARM LOAN RE- the seller or originator of the asset used as fund are not violated, and that there is full STRUCTURING.—Not later than 60 days after disclosure of relevant facts and financial in- loan collateral, or any other conflict of in- the date of enactment of this paragraph, the terests (which conflict of interest rules shall terest that may have led the loan recipient Oversight Panel shall submit a special report be implemented by the manager of a public- to deliberately overstate the value of the on farm loan restructuring that— private investment fund prior to such fund asset used as loan collateral. ‘‘(A) analyzes the state of the commercial (d) RULE OF CONSTRUCTION.—Notwith- receiving Federal Government financing); farm credit markets and the use of loan re- (B) require each public-private investment standing any other provision of law, nothing in this section shall be construed to apply to structuring as an alternative to foreclosure fund to make a quarterly report to the Sec- by recipients of financial assistance under retary of the Treasury (in this section re- any activity of the Federal Deposit Insur- ance Corporation in connection with insured the Troubled Asset Relief Program; and ferred to as the ‘‘Secretary’’) that discloses ‘‘(B) includes an examination of and rec- the 10 largest positions of such fund (which depository institutions, as described in section 13(c)(2)(B) of the Federal Deposit Insur- ommendation on the different methods for reports shall be publicly disclosed at such farm loan restructuring that could be used time as the Secretary of the Treasury deter- ance Act. (e) DEFINITION.—In this section, the term as part of a foreclosure mitigation program mines that such disclosure will not harm the for farm loans made by recipients of finan- ongoing business operations of the fund); ‘‘public-private investment fund’’ means a ficial assistance under the Troubled Asset Re- (C) allow the Special Inspector General ac- nancial vehicle that is— lief Program, including any programs for di- cess to all books and records of a public-pri- (1) established by the Federal Government rect loan restructuring or modification car- vate investment fund, including all records to purchase pools of loans, securities, or as- ried out by the Farm Service Agency of the of financial transactions in machine read- sets from a financial institution described in Department of Agriculture, the farm credit able form, and the confidentiality of all such section 101(a)(1) of the Emergency Economic system, and the Making Home Affordable information shall be maintained by the Spe- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); Program of the Department of the Treas- cial Inspector General; and ury.’’. (D) require each manager of a public-pri- (2) funded by a combination of cash or eq- vate investment fund to retain all books, uity from private investors and funds pro- TITLE VI—ENHANCED OVERSIGHT OF THE documents, and records relating to such pub- vided by the Secretary of the Treasury or TROUBLED ASSET RELIEF PROGRAM lic-private investment fund, including elec- funds appropriated under the Emergency SEC. 601. ENHANCED OVERSIGHT OF THE TROU- tronic messages; Economic Stabilization Act of 2008. BLED ASSET RELIEF PROGRAM. (E) require each manager of a public-pri- (f) OFFSET OF COSTS OF PROGRAM Section 116 of the Emergency Economic vate investment fund to acknowledge, in CHANGES.—Notwithstanding the amendment Stabilization Act of 2008 (12 U.S.C. 5226) is writing, a fiduciary duty to both the public made by section 202(b) of this Act, paragraph amended— and private investors in such fund; (3) of section 115(a) of the Emergency Eco- (1) in subsection (a)(1)(A)— (F) require each manager of a public-pri- nomic Stabilization Act of 2008 (12 U.S.C. (A) in clause (iii), by striking ‘‘and’’ at the vate investment fund to develop a robust 5225) is amended by inserting ‘‘, as such end; ethics policy that includes methods to en- amount is reduced by $1,259,000,000,’’ after (B) in clause (iv), by striking the period at ‘‘$700,000,000,000’’. sure compliance with such policy; the end and inserting ‘‘; and’’; and (g) REGULATIONS.—The Secretary of the (G) require strict investor screening proce- Treasury may prescribe such regulations or (C) by adding at the end the following: dures for public-private investment funds; other guidance as may be necessary or ap- ‘‘(v) public accountability for the exercise and propriate to define terms or carry out the of such authority, including with respect to (H) require each manager of a public-pri- authorities or purposes of this section. actions taken by those entities participating vate fund to identify for the Secretary, on a in programs established under this Act.’’; SEC. 403. REMOVAL OF REQUIREMENT TO LIQ- periodic basis, each investor that, individ- UIDATE WARRANTS UNDER THE and ually or together with affiliates, directly or TARP. (2) in subsection (a)(2)— indirectly, holds equity interests equal to at Section 111(g) of the Emergency Economic (A) by redesignating subparagraph (C) as least 10 percent of the equity interest of the Stabilization Act of 2008 (12 U.S.C. 5221(g)) is subparagraph (F); and fund including if such interests are held in a amended by striking ‘‘shall liquidate war- (B) by striking subparagraphs (A) and (B) vehicle formed for the purpose of directly or rants associated with such assistance at the and inserting the following: indirectly investing in the fund. current market price’’ and inserting ‘‘, at ‘‘(A) DEFINITION.—In this paragraph, the (2) INTERACTION BETWEEN PUBLIC-PRIVATE the market price, may liquidate warrants as- term ‘governmental unit’ has the meaning INVESTMENT FUNDS AND THE TERM-ASSET sociated with such assistance’’. given under section 101(27) of title 11, United

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5753 States Code, and does not include any in- (2) the rights of any bona fide tenant, as of TITLE VIII—COMPTROLLER GENERAL sured depository institution as defined under the date of such notice of foreclosure— ADDITIONAL AUDIT AUTHORITIES section 3 of the Federal Deposit Insurance (A) under any bona fide lease entered into Act (12 U.S.C. 8113). before the notice of foreclosure to occupy the SEC. 801. COMPTROLLER GENERAL ADDITIONAL AUDIT AUTHORITIES. ‘‘(B) GAO PRESENCE.—The Secretary shall premises until the end of the remaining term provide the Comptroller General with appro- of the lease, except that a successor in inter- (a) BOARD OF GOVERNORS OF THE FEDERAL priate space and facilities in the Department est may terminate a lease effective on the RESERVE SYSTEM.—Section 714 of title 31, of the Treasury as necessary to facilitate date of sale of the unit to a purchaser who United States Code, is amended— oversight of the TARP until the termination will occupy the unit as a primary residence, (1) in subsection (a), by striking ‘‘Federal date established in section 5230 of this title. subject to the receipt by the tenant of the 90 Reserve Board,’’ and inserting ‘‘Board of ‘‘(C) ACCESS TO RECORDS.— day notice under paragraph (1); or Governors of the Federal Reserve System (in ‘‘(i) IN GENERAL.—Notwithstanding any (B) without a lease or with a lease ter- this section referred to as the ‘Board’),’’; and other provision of law, and for purposes of minable at will under State law, subject to (2) in subsection (b)— reviewing the performance of the TARP, the the receipt by the tenant of the 90 day notice (A) in the matter preceding paragraph (1), Comptroller General shall have access, upon under subsection (1), by striking ‘‘Federal Reserve Board,’’ and in- request, to any information, data, schedules, except that nothing under this section shall serting ‘‘Board’’; and books, accounts, financial records, reports, affect the requirements for termination of (B) in paragraph (4), by striking ‘‘of Gov- files, electronic communications, or other any Federal- or State-subsidized tenancy or ernors’’. papers, things, or property belonging to or in of any State or local law that provides (b) CONFIDENTIAL INFORMATION.—Section use by the TARP, any entity established by longer time periods or other additional pro- 714(c) of title 31, United States Code, is the Secretary under this Act, any entity tections for tenants. amended by striking paragraph (3) and in- that is established by a Federal reserve bank serting the following: (b) BONA FIDE LEASE OR TENANCY.—For and receives funding from the TARP, or any ‘‘(3) Except as provided under paragraph purposes of this section, a lease or tenancy entity (other than a governmental unit) par- (4), an officer or employee of the Govern- shall be considered bona fide only if— ticipating in a program established under ment Accountability Office may not disclose (1) the mortgagor or the child, spouse, or the authority of this Act, and to the officers, to any person outside the Government Ac- parent of the mortgagor under the contract employees, directors, independent public accountability Office information obtained in is not the tenant; countants, financial advisors and any and all audits or examinations conducted under sub- (2) the lease or tenancy was the result of other agents and representatives thereof, at section (e) and maintained as confidential by an arms-length transaction; and such time as the Comptroller General may the Board or the Federal reserve banks. (3) the lease or tenancy requires the re- request. ‘‘(4) This subsection shall not— ceipt of rent that is not substantially less ‘‘(ii) VERIFICATION.—The Comptroller Gen- ‘‘(A) authorize an officer or employee of an than fair market rent for the property or the eral shall be afforded full facilities for agency to withhold information from any unit’s rent is reduced or subsidized due to a verifying transactions with the balances or committee or subcommittee of jurisdiction Federal, State, or local subsidy. securities held by, among others, deposi- of Congress, or any member of such com- tories, fiscal agents, and custodians. (c) DEFINITION.—For purposes of this sec- mittee or subcommittee; or ‘‘(iii) COPIES.—The Comptroller General tion, the term ‘‘federally-related mortgage ‘‘(B) limit any disclosure by the Govern- may make and retain copies of such books, loan’’ has the same meaning as in section 3 ment Accountability Office to any com- accounts, and other records as the Comp- of the Real Estate Settlement Procedures mittee or subcommittee of jurisdiction of troller General determines appropriate. Act of 1974 (12 U.S.C. 2602). Congress, or any member of such committee ‘‘(D) AGREEMENT BY ENTITIES.—Each con- or subcommittee.’’. tract, term sheet, or other agreement be- SEC. 703. EFFECT OF FORECLOSURE ON SECTION tween the Secretary or the TARP (or any 8 TENANCIES. (c) ACCESS TO RECORDS.—Section 714(d) of TARP vehicle, officer, director, employee, title 31, United States Code, is amended— Section 8(o)(7) of the United States Hous- independent public accountant, financial ad- (1) in paragraph (1), by inserting ‘‘The visor, or other TARP agent or representa- ing Act of 1937 (42 U.S.C. 1437f(o)(7)) is Comptroller General shall have access to the tive) and an entity (other than a govern- amended— officers, employees, contractors, and other mental unit) participating in a program es- (1) by inserting before the semicolon in agents and representatives of an agency and tablished under this Act shall provide for ac- subparagraph (C) the following: ‘‘and in the any entity established by an agency at any cess by the Comptroller General in accord- case of an owner who is an immediate suc- reasonable time as the Comptroller General ance with this section. cessor in interest pursuant to foreclosure may request. The Comptroller General may ‘‘(E) RESTRICTION ON PUBLIC DISCLOSURE.— during the term of the lease vacating the make and retain copies of such books, ac- ‘‘(i) IN GENERAL.—The Comptroller General property prior to sale shall not constitute counts, and other records as the Comptroller may not publicly disclose proprietary or other good cause, except that the owner may General determines appropriate.’’ after the trade secret information obtained under this terminate the tenancy effective on the date first sentence; section. of transfer of the unit to the owner if the (2) in paragraph (2), by inserting ‘‘, copies ‘‘(ii) EXCEPTION FOR CONGRESSIONAL COM- owner— of any record,’’ after ‘‘records’’; and MITTEES.—This subparagraph does not limit ‘‘(i) will occupy the unit as a primary resi- (3) by adding at the end the following: disclosures to congressional committees or dence; and ‘‘(3)(A) For purposes of conducting audits members thereof having jurisdiction over a ‘‘(ii) has provided the tenant a notice to and examinations under subsection (e), the private or public entity referred to under vacate at least 90 days before the effective Comptroller General shall have access, upon subparagraph (C). date of such notice.’’; and request, to any information, data, schedules, ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in (2) by inserting at the end of subparagraph books, accounts, financial records, reports, this section shall be construed to alter or (F) the following: ‘‘In the case of any fore- files, electronic communications, or other amend the prohibitions against the disclo- closure on any federally-related mortgage papers, things or property belonging to or in sure of trade secrets or other information loan (as that term is defined in section 3 of use by— prohibited by section 1905 of title 18, United the Real Estate Settlement Procedures Act ‘‘(i) any entity established by any action States Code, section 714(c) of title 31, United of 1974 (12 U.S.C. 2602)) or on any residential taken by the Board described under sub- States Code, or other applicable provisions real property in which a recipient of assist- section (e); of law.’’. ance under this subsection resides, the im- ‘‘(ii) any entity receiving assistance from TITLE VII—PROTECTING TENANTS AT mediate successor in interest in such prop- any action taken by the Board described FORECLOSURE ACT erty pursuant to the foreclosure shall as- under subsection (e), to the extent that the sume such interest subject to the lease be- SEC. 701. SHORT TITLE. access and request relates to that assistance; This title may be cited as the ‘‘Protecting tween the prior owner and the tenant and to and Tenants at Foreclosure Act of 2009’’. the housing assistance payments contract ‘‘(iii) the officers, directors, employees, between the prior owner and the public hous- SEC. 702. EFFECT OF FORECLOSURE ON PRE- independent public accountants, financial EXISTING TENANCY. ing agency for the occupied unit, except that advisors and any and all representatives of (a) IN GENERAL.—In the case of any fore- this provision and the provisions related to any entity described under clause (i) or (ii); closure on a federally-related mortgage loan foreclosure in subparagraph (C) shall not to the extent that the access and request re- or on any dwelling or residential real prop- shall not affect any State or local law that lates to that assistance; erty after the date of enactment of this title, provides longer time periods or other addi- ‘‘(B) The Comptroller General shall have any immediate successor in interest in such tional protections for tenants.’’. access as provided under subparagraph (A) at such time as the Comptroller General may property pursuant to the foreclosure shall SEC. 704. SUNSET. assume such interest subject to— request. (1) the provision, by such successor in in- This title, and any amendments made by ‘‘(C) Each contract, term sheet, or other terest of a notice to vacate to any bona fide this title are repealed, and the requirements agreement between the Board or any Federal tenant at least 90 days before the effective under this title shall terminate, on Decem- reserve bank (or any entity established by date of such notice; and ber 31, 2012. the Board or any Federal reserve bank) and

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5754 CONGRESSIONAL RECORD — SENATE May 20, 2009 an entity receiving assistance from any ac- (1) to consolidate the separate homeless as- ‘‘(B) have experienced persistent insta- tion taken by the Board described under sub- sistance programs carried out under title IV bility as measured by frequent moves over section (e) shall provide for access by the of the McKinney-Vento Homeless Assistance such period, and Comptroller General in accordance with this Act (consisting of the supportive housing ‘‘(C) can be expected to continue in such paragraph.’’. program and related innovative programs, status for an extended period of time because (d) AUDITS OF CERTAIN ACTIONS OF THE the safe havens program, the section 8 assist- of chronic disabilities, chronic physical BOARD OF GOVERNORS OF THE FEDERAL RE- ance program for single-room occupancy health or mental health conditions, sub- SERVE SYSTEM.—Section 714 of title 31, dwellings, and the shelter plus care program) stance addiction, histories of domestic vio- United States Code, is amended by adding at into a single program with specific eligible lence or childhood abuse, the presence of a the end the following: activities; child or youth with a disability, or multiple ‘‘(e) Notwithstanding subsection (b), the (2) to codify in Federal law the continuum barriers to employment. Comptroller General may conduct audits, in- of care planning process as a required and in- ‘‘(b) DOMESTIC VIOLENCE AND OTHER DAN- cluding onsite examinations when the Comp- tegral local function necessary to generate GEROUS OR LIFE-THREATENING CONDITIONS.— troller General determines such audits and the local strategies for ending homelessness; Notwithstanding any other provision of this examinations are appropriate, of any action and section, the Secretary shall consider to be taken by the Board under the third undesig- (3) to establish a Federal goal of ensuring homeless any individual or family who is nated paragraph of section 13 of the Federal that individuals and families who become fleeing, or is attempting to flee, domestic vi- Reserve Act (12 U.S.C. 343); with respect to a homeless return to permanent housing with- olence, dating violence, sexual assault, single and specific partnership or corpora- in 30 days. stalking, or other dangerous or life-threat- tion.’’. SEC. 1003. DEFINITION OF HOMELESSNESS. ening conditions in the individual’s or family’s current housing situation, including DIVISION B—HOMELESSNESS REFORM (a) IN GENERAL.—Section 103 of the McKin- where the health and safety of children are ney-Vento Homeless Assistance Act (42 SEC. 1001. SHORT TITLE; TABLE OF CONTENTS. jeopardized, and who have no other residence U.S.C. 11302) is amended— (a) SHORT TITLE.—This division may be and lack the resources or support networks (1) by redesignating subsections (b) and (c) cited as the ‘‘Homeless Emergency Assist- to obtain other permanent housing.’’. as subsections (c) and (d); and ance and Rapid Transition to Housing Act of (b) REGULATIONS.—Not later than the expi- 2009’’. (2) by striking subsection (a) and inserting ration of the 6-month period beginning upon (b) TABLE OF CONTENTS.—The table of con- the following: the date of the enactment of this division, tents for this division is as follows: ‘‘(a) IN GENERAL.—For purposes of this Act, the Secretary of Housing and Urban Develop- the terms ‘homeless’, ‘homeless individual’, DIVISION B—HOMELESSNESS REFORM ment shall issue regulations that provide and ‘homeless person’ means— Sec. 1001. Short title; table of contents. sufficient guidance to recipients of funds ‘‘(1) an individual or family who lacks a under title IV of the McKinney-Vento Home- Sec. 1002. Findings and purposes. fixed, regular, and adequate nighttime resi- Sec. 1003. Definition of homelessness. less Assistance Act to allow uniform and dence; consistent implementation of the require- Sec. 1004. United States Interagency Council ‘‘(2) an individual or family with a primary on Homelessness. ments of section 103 of such Act, as amended nighttime residence that is a public or pri- by subsection (a) of this section. This sub- TITLE I—HOUSING ASSISTANCE vate place not designed for or ordinarily used section shall take effect on the date of the GENERAL PROVISIONS as a regular sleeping accommodation for enactment of this division. Sec. 1101. Definitions. human beings, including a car, park, aban- (c) CLARIFICATION OF EFFECT ON OTHER Sec. 1102. Community homeless assistance doned building, bus or train station, airport, LAWS.—This section and the amendments planning boards. or camping ground; made by this section to section 103 of the Sec. 1103. General provisions. ‘‘(3) an individual or family living in a su- McKinney-Vento Homeless Assistance Act Sec. 1104. Protection of personally identi- pervised publicly or privately operated shel- (42 U.S.C. 11302) may not be construed to af- fying information by victim ter designated to provide temporary living fect, alter, limit, annul, or supersede any service providers. arrangements (including hotels and motels other provision of Federal law providing a Sec. 1105. Authorization of appropriations. paid for by Federal, State, or local govern- definition of ‘‘homeless’’, ‘‘homeless indi- TITLE II—EMERGENCY SOLUTIONS ment programs for low-income individuals or vidual’’, or ‘‘homeless person’’ for purposes GRANTS PROGRAM by charitable organizations, congregate shel- other than such Act, except to the extent ters, and transitional housing); that such provision refers to such section 103 Sec. 1201. Grant assistance. ‘‘(4) an individual who resided in a shelter or the definition provided in such section 103. Sec. 1202. Eligible activities. or place not meant for human habitation and Sec. 1203. Participation in Homeless Man- SEC. 1004. UNITED STATES INTERAGENCY COUN- who is exiting an institution where he or she CIL ON HOMELESSNESS. agement Information System. temporarily resided; (a) IN GENERAL.—Title II of the McKinney- Sec. 1204. Administrative provision. ‘‘(5) an individual or family who— Vento Homeless Assistance Act (42 U.S.C. Sec. 1205. GAO study of administrative fees. ‘‘(A) will imminently lose their housing, 11311 et seq.) is amended— TITLE III—CONTINUUM OF CARE including housing they own, rent, or live in (1) in section 201 (42 U.S.C. 11311), by insert- PROGRAM without paying rent, are sharing with others, ing before the period at the end the following Sec. 1301. Continuum of care. and rooms in hotels or motels not paid for by ‘‘whose mission shall be to coordinate the Sec. 1302. Eligible activities. Federal, State, or local government pro- Federal response to homelessness and to cre- Sec. 1303. High performing communities. grams for low-income individuals or by char- ate a national partnership at every level of Sec. 1304. Program requirements. itable organizations, as evidenced by— government and with the private sector to Sec. 1305. Selection criteria, allocation ‘‘(i) a court order resulting from an evic- reduce and end homelessness in the nation amounts, and funding. tion action that notifies the individual or while maximizing the effectiveness of the Sec. 1306. Research. family that they must leave within 14 days; Federal Government in contributing to the TITLE IV—RURAL HOUSING STABILITY ‘‘(ii) the individual or family having a pri- end of homelessness’’; ASSISTANCE PROGRAM mary nighttime residence that is a room in (2) in section 202 (42 U.S.C. 11312)— Sec. 1401. Rural housing stability assistance. a hotel or motel and where they lack the re- (A) in subsection (a)— Sec. 1402. GAO study of homelessness and sources necessary to reside there for more (i) by redesignating paragraph (16) as para- homeless assistance in rural than 14 days; or graph (22); and areas. ‘‘(iii) credible evidence indicating that the (ii) by inserting after paragraph (15) the owner or renter of the housing will not allow following: TITLE V—REPEALS AND CONFORMING the individual or family to stay for more ‘‘(16) The Commissioner of Social Security, AMENDMENTS than 14 days, and any oral statement from an or the designee of the Commissioner. Sec. 1501. Repeals. individual or family seeking homeless assist- ‘‘(17) The Attorney General of the United Sec. 1502. Conforming amendments. ance that is found to be credible shall be con- States, or the designee of the Attorney Gen- Sec. 1503. Effective date. sidered credible evidence for purposes of this eral. Sec. 1504. Regulations. clause; ‘‘(18) The Director of the Office of Manage- Sec. 1505. Amendment to table of contents. ‘‘(B) has no subsequent residence identi- ment and Budget, or the designee of the Di- 4SEC. 1002. FINDINGS AND PURPOSES. fied; and rector. (a) FINDINGS.—The Congress finds that— ‘‘(C) lacks the resources or support net- ‘‘(19) The Director of the Office of Faith- (1) a lack of affordable housing and limited works needed to obtain other permanent Based and Community Initiatives, or the scale of housing assistance programs are the housing; and designee of the Director. primary causes of homelessness; and ‘‘(6) unaccompanied youth and homeless ‘‘(20) The Director of USA FreedomCorps, (2) homelessness affects all types of com- families with children and youth defined as or the designee of the Director.’’; munities in the United States, including homeless under other Federal statutes who— (B) in subsection (c), by striking ‘‘annu- rural, urban, and suburban areas. ‘‘(A) have experienced a long term period ally’’ and inserting ‘‘four times each year, (b) PURPOSES.—The purposes of this divi- without living independently in permanent and the rotation of the positions of Chair- sion are— housing, person and Vice Chairperson required under

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5755 subsection (b) shall occur at the first meet- any Federal program to assist homeless indi- to an individual or family, that the indi- ing of each year’’; and viduals or families, local and State govern- vidual or family— (C) by adding at the end the following: ments, academic researchers who specialize ‘‘(A) has income below 30 percent of me- ‘‘(e) ADMINISTRATION.—The Executive Di- in homelessness, nonprofit housing and serv- dian income for the geographic area; rector of the Council shall report to the ice providers that receive funding under any ‘‘(B) has insufficient resources imme- Chairman of the Council.’’; Federal program to assist homeless individ- diately available to attain housing stability; (3) in section 203(a) (42 U.S.C. 11313(a))— uals or families, organizations advocating on and (A) by redesignating paragraphs (1), (2), (3), behalf of such nonprofit providers and home- ‘‘(C)(i) has moved frequently because of (4), (5), (6), and (7) as paragraphs (2), (3), (4), less persons receiving housing or services economic reasons; (5), (9), (10), and (11), respectively; under any such Federal program, and home- ‘‘(ii) is living in the home of another be- (B) by inserting before paragraph (2), as so less persons receiving housing or services cause of economic hardship; redesignated by subparagraph (A), the fol- under any such Federal program, at which ‘‘(iii) has been notified that their right to lowing: meeting such representatives shall discuss occupy their current housing or living situa- ‘‘(1) not later than 12 months after the date all issues relevant to whether the definitions tion will be terminated; of the enactment of the Homeless Emergency of ‘homeless’ under paragraphs (1) through ‘‘(iv) lives in a hotel or motel; Assistance and Rapid Transition to Housing (4) of section 103(a) of the McKinney-Vento ‘‘(v) lives in severely overcrowded housing; Act of 2009, develop, make available for pub- Homeless Assistance Act, as amended by sec- ‘‘(vi) is exiting an institution; or lic comment, and submit to the President tion 1003 of the Homeless Emergency Assist- ‘‘(vii) otherwise lives in housing that has and to Congress a National Strategic Plan to ance and Rapid Transition to Housing Act of characteristics associated with instability End Homelessness, and shall update such 2009, should be modified by the Congress, in- plan annually;’’; and an increased risk of homelessness. cluding whether there is a compelling need Such term includes all families with children (C) in paragraph (5), as redesignated by for a uniform definition of homelessness subparagraph (A), by striking ‘‘at least 2, but and youth defined as homeless under other under Federal law, the extent to which the Federal statutes. in no case more than 5’’ and inserting ‘‘not differences in such definitions create bar- less than 5, but in no case more than 10’’; ‘‘(2) CHRONICALLY HOMELESS.— riers for individuals to accessing services ‘‘(A) IN GENERAL.—The term ‘chronically (D) by inserting after paragraph (5), as so and to collaboration between agencies, and redesignated by subparagraph (A), the fol- homeless’ means, with respect to an indi- the relative availability, and barriers to ac- lowing: vidual or family, that the individual or fam- cess by persons defined as homeless, of main- ‘‘(6) encourage the creation of State Inter- ily— stream programs identified by the Govern- agency Councils on Homelessness and the ‘‘(i) is homeless and lives or resides in a ment Accountability Office in the two re- formulation of jurisdictional 10-year plans to place not meant for human habitation, a safe ports identified in paragraph (7) of this sub- end homelessness at State, city, and county haven, or in an emergency shelter; section; and shall submit transcripts of such levels; ‘‘(ii) has been homeless and living or resid- meeting, and any majority and dissenting ‘‘(7) annually obtain from Federal agencies ing in a place not meant for human habi- recommendations from such meetings, to their identification of consumer-oriented entation, a safe haven, or in an emergency each committee of the House of Representa- titlement and other resources for which per- shelter continuously for at least 1 year or on sons experiencing homelessness may be eligi- tives and the Senate having jurisdiction over at least 4 separate occasions in the last 3 ble and the agencies’ identification of im- any Federal program to assist homeless indi- years; and provements to ensure access; develop mecha- viduals or families not later than the expira- ‘‘(iii) has an adult head of household (or a nisms to ensure access by persons experi- tion of the 60-day period beginning upon con- minor head of household if no adult is encing homelessness to all Federal, State, clusion of such meeting.’’. present in the household) with a diagnosable and local programs for which the persons are (4) in section 203(b)(1) (42 U.S.C. 11313(b))— substance use disorder, serious mental ill- eligible, and to verify collaboration among (A) by striking ‘‘Federal’’ and inserting ness, developmental disability (as defined in entities within a community that receive ‘‘national’’; section 102 of the Developmental Disabilities Federal funding under programs targeted for (B) by striking ‘‘; and’’ and inserting ‘‘and Assistance and Bill of Rights Act of 2000 (42 persons experiencing homelessness, and pay for expenses of attendance at meetings U.S.C. 15002)), post traumatic stress disorder, other programs for which persons experi- which are concerned with the functions or cognitive impairments resulting from a encing homelessness are eligible, including activities for which the appropriation is brain injury, or chronic physical illness or mainstream programs identified by the Gov- made;’’; disability, including the co-occurrence of 2 ernment Accountability Office in the reports (5) in section 205(d) (42 U.S.C. 11315(d)), by or more of those conditions. entitled ‘Homelessness: Coordination and striking ‘‘property.’’ and inserting ‘‘prop- ‘‘(B) RULE OF CONSTRUCTION.—A person who Evaluation of Programs Are Essential’, erty, both real and personal, public and pri- currently lives or resides in an institutional issued February 26, 1999, and ‘Homelessness: vate, without fiscal year limitation, for the care facility, including a jail, substance Barriers to Using Mainstream Programs’, purpose of aiding or facilitating the work of abuse or mental health treatment facility, issued July 6, 2000; the Council.’’; and hospital or other similar facility, and has re- ‘‘(8) conduct research and evaluation re- (6) by striking section 208 (42 U.S.C. 11318) sided there for fewer than 90 days shall be lated to its functions as defined in this sec- and inserting the following: considered chronically homeless if such per- tion; ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. son met all of the requirements described in ‘‘(9) develop joint Federal agency and other ‘‘There are authorized to be appropriated subparagraph (A) prior to entering that facil- initiatives to fulfill the goals of the agen- to carry out this title $3,000,000 for fiscal ity. cy;’’; year 2010 and such sums as may be necessary ‘‘(3) COLLABORATIVE APPLICANT.—The term (E) in paragraph (10), as so redesignated by for fiscal years 2011. Any amounts appro- ‘collaborative applicant’ means an entity subparagraph (A), by striking ‘‘and’’ at the priated to carry out this title shall remain that— end; available until expended.’’. ‘‘(A) carries out the duties specified in sec- (F) in paragraph (11), as so redesignated by (b) EFFECTIVE DATE.—The amendments tion 402; subparagraph (A), by striking the period at made by subsection (a) shall take effect on, ‘‘(B) serves as the applicant for project the end and inserting a semicolon; and shall apply beginning on, the date of the sponsors who jointly submit a single applica- (G) by adding at the end the following new enactment of this division. tion for a grant under subtitle C in accord- paragraphs: TITLE I—HOUSING ASSISTANCE GENERAL ance with a collaborative process; and ‘‘(12) develop constructive alternatives to PROVISIONS ‘‘(C) if the entity is a legal entity and is criminalizing homelessness and laws and SEC. 1101. DEFINITIONS. awarded such grant, receives such grant di- policies that prohibit sleeping, feeding, sit- Subtitle A of title IV of the McKinney- rectly from the Secretary. ting, resting, or lying in public spaces when Vento Homeless Assistance Act (42 U.S.C. ‘‘(4) COLLABORATIVE APPLICATION.—The there are no suitable alternatives, result in 11361 et seq.) is amended— term ‘collaborative application’ means an the destruction of a homeless person’s prop- (1) by striking the subtitle heading and in- application for a grant under subtitle C erty without due process, or are selectively serting the following: that— enforced against homeless persons; and ‘‘(A) satisfies section 422; and ‘‘(13) not later than the expiration of the 6- ‘‘Subtitle A—General Provisions’’; ‘‘(B) is submitted to the Secretary by a month period beginning upon completion of (2) by redesignating sections 401 and 402 (42 collaborative applicant. the study requested in a letter to the Acting U.S.C. 11361, 11362) as sections 403 and 406, re- ‘‘(5) CONSOLIDATED PLAN.—The term ‘Con- Comptroller General from the Chair and spectively; and solidated Plan’ means a comprehensive hous- Ranking Member of the House Financial (3) by inserting before section 403 (as so re- ing affordability strategy and community Services Committee and several other mem- designated by paragraph (2) of this section) development plan required in part 91 of title bers regarding various definitions of home- the following new section: 24, Code of Federal Regulations. lessness in Federal statutes, convene a meet- ‘‘SEC. 401. DEFINITIONS. ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible ing of representatives of all Federal agencies ‘‘For purposes of this title: entity’ means, with respect to a subtitle, a and committees of the House of Representa- ‘‘(1) AT RISK OF HOMELESSNESS.—The term public entity, a private entity, or an entity tives and the Senate having jurisdiction over ‘at risk of homelessness’ means, with respect that is a combination of public and private

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5756 CONGRESSIONAL RECORD — SENATE May 20, 2009

entities, that is eligible to directly receive ‘‘(15) PERMANENT HOUSING.—The term ‘per- grant under subtitle C to the Secretary, and, grant amounts under such subtitle. manent housing’ means community-based if awarded such grant, receives such grant ‘‘(7) FAMILIES WITH CHILDREN AND YOUTH DE- housing without a designated length of stay, directly from the Secretary. FINED AS HOMELESS UNDER OTHER FEDERAL and includes both permanent supportive ‘‘(25) SPONSOR-BASED.—The term ‘sponsor- STATUTES.—The term ‘families with children housing and permanent housing without sup- based’ means, with respect to rental assist- and youth defined as homeless under other portive services. ance, that the assistance is provided pursu- Federal statutes’ means any children or ‘‘(16) PERSONALLY IDENTIFYING INFORMA- ant to a contract that— youth that are defined as ‘homeless’ under TION.—The term ‘personally identifying in- ‘‘(A) is between— any Federal statute other than this subtitle, formation’ means individually identifying ‘‘(i) the recipient or a project sponsor; and but are not defined as homeless under sec- information for or about an individual, in- ‘‘(ii) an independent entity that— tion 103, and shall also include the parent, cluding information likely to disclose the lo- ‘‘(I) is a private organization; and parents, or guardian of such children or cation of a victim of domestic violence, dat- ‘‘(II) owns or leases dwelling units; and youth under subtitle B of title VII this Act ing violence, sexual assault, or stalking, in- ‘‘(B) provides that rental assistance pay- (42 U.S.C. 11431 et seq.). cluding— ments shall be made to the independent enti- ‘‘(8) GEOGRAPHIC AREA.—The term ‘geo- ‘‘(A) a first and last name; ty and that eligible persons shall occupy graphic area’ means a State, metropolitan ‘‘(B) a home or other physical address; such assisted units. city, urban county, town, village, or other ‘‘(C) contact information (including a post- ‘‘(26) STATE.—Except as used in subtitle B, nonentitlement area, or a combination or al, e-mail or Internet protocol address, or the term ‘State’ means each of the several telephone or facsimile number); States, the District of Columbia, the Com- consortia of such, in the United States, as ‘‘(D) a social security number; and monwealth of Puerto Rico, the United States described in section 106 of the Housing and ‘‘(E) any other information, including date Virgin Islands, Guam, American Samoa, the Community Development Act of 1974 (42 of birth, racial or ethnic background, or reli- Commonwealth of the Northern Mariana Is- U.S.C. 5306). gious affiliation, that, in combination with lands, the Trust Territory of the Pacific Is- ‘‘(9) HOMELESS INDIVIDUAL WITH A DIS- any other non-personally identifying infor- lands, and any other territory or possession ABILITY.— mation, would serve to identify any indi- of the United States. ‘‘(A) IN GENERAL.—The term ‘homeless in- vidual. ‘‘(27) SUPPORTIVE SERVICES.—The term dividual with a disability’ means an indi- ‘‘(17) PRIVATE NONPROFIT ORGANIZATION.— ‘supportive services’ means services that ad- vidual who is homeless, as defined in section The term ‘private nonprofit organization’ dress the special needs of people served by a 103, and has a disability that— means an organization— project, including— ‘‘(i)(I) is expected to be long-continuing or ‘‘(A) no part of the net earnings of which ‘‘(A) the establishment and operation of a of indefinite duration; inures to the benefit of any member, found- child care services program for families ex- ‘‘(II) substantially impedes the individual’s er, contributor, or individual; periencing homelessness; ability to live independently; ‘‘(B) that has a voluntary board; ‘‘(B) the establishment and operation of an ‘‘(III) could be improved by the provision of ‘‘(C) that has an accounting system, or has employment assistance program, including more suitable housing conditions; and designated a fiscal agent in accordance with providing job training; ‘‘(IV) is a physical, mental, or emotional requirements established by the Secretary; ‘‘(C) the provision of outpatient health impairment, including an impairment caused and services, food, and case management; by alcohol or drug abuse, post traumatic ‘‘(D) that practices nondiscrimination in ‘‘(D) the provision of assistance in obtain- stress disorder, or brain injury; the provision of assistance. ing permanent housing, employment coun- ‘‘(ii) is a developmental disability, as de- ‘‘(18) PROJECT.—The term ‘project’ means, seling, and nutritional counseling; fined in section 102 of the Developmental with respect to activities carried out under ‘‘(E) the provision of outreach services, ad- Disabilities Assistance and Bill of Rights Act subtitle C, eligible activities described in vocacy, life skills training, and housing of 2000 (42 U.S.C. 15002); or section 423(a), undertaken pursuant to a spe- search and counseling services; ‘‘(iii) is the disease of acquired immuno- cific endeavor, such as serving a particular ‘‘(F) the provision of mental health serv- deficiency syndrome or any condition arising population or providing a particular re- ices, trauma counseling, and victim services; from the etiologic agency for acquired im- source. ‘‘(G) the provision of assistance in obtain- munodeficiency syndrome. ‘‘(19) PROJECT-BASED.—The term ‘project- ing other Federal, State, and local assistance ‘‘(B) RULE.—Nothing in clause (iii) of sub- based’ means, with respect to rental assist- available for residents of supportive housing paragraph (A) shall be construed to limit eli- ance, that the assistance is provided pursu- (including mental health benefits, employ- gibility under clause (i) or (ii) of subpara- ant to a contract that— ment counseling, and medical assistance, but graph (A). ‘‘(A) is between— not including major medical equipment); ‘‘(10) LEGAL ENTITY.—The term ‘legal enti- ‘‘(i) the recipient or a project sponsor; and ‘‘(H) the provision of legal services for pur- ty’ means— ‘‘(ii) an owner of a structure that exists as poses including requesting reconsiderations ‘‘(A) an entity described in section 501(c)(3) of the date the contract is entered into; and and appeals of veterans and public benefit of the Internal Revenue Code of 1986 (26 ‘‘(B) provides that rental assistance pay- claim denials and resolving outstanding war- U.S.C. 501(c)(3)) and exempt from tax under ments shall be made to the owner and that rants that interfere with an individual’s abil- section 501(a) of such Code; the units in the structure shall be occupied ity to obtain and retain housing; ‘‘(B) an instrumentality of State or local by eligible persons for not less than the term ‘‘(I) the provision of— government; or of the contract. ‘‘(i) transportation services that facilitate ‘‘(C) a consortium of instrumentalities of ‘‘(20) PROJECT SPONSOR.—The term ‘project an individual’s ability to obtain and main- State or local governments that has con- sponsor’ means, with respect to proposed eli- tain employment; and stituted itself as an entity. gible activities, the organization directly re- ‘‘(ii) health care; and ‘‘(11) METROPOLITAN CITY; URBAN COUNTY; sponsible for carrying out the proposed eligi- ‘‘(J) other supportive services necessary to NONENTITLEMENT AREA.—The terms ‘metro- ble activities. obtain and maintain housing. politan city’, ‘urban county’, and ‘non- ‘‘(21) RECIPIENT.—Except as used in sub- ‘‘(28) TENANT-BASED.—The term ‘tenant- entitlement area’ have the meanings given title B, the term ‘recipient’ means an eligi- based’ means, with respect to rental assist- such terms in section 102(a) of the Housing ble entity who— ance, assistance that— and Community Development Act of 1974 (42 ‘‘(A) submits an application for a grant ‘‘(A) allows an eligible person to select a U.S.C. 5302(a)). under section 422 that is approved by the housing unit in which such person will live ‘‘(12) NEW.—The term ‘new’ means, with re- Secretary; using rental assistance provided under sub- spect to housing, that no assistance has been ‘‘(B) receives the grant directly from the title C, except that if necessary to assure provided under this title for the housing. Secretary to support approved projects de- that the provision of supportive services to a ‘‘(13) OPERATING COSTS.—The term ‘oper- scribed in the application; and person participating in a program is feasible, ating costs’ means expenses incurred by a ‘‘(C)(i) serves as a project sponsor for the a recipient or project sponsor may require project sponsor operating transitional hous- projects; or that the person live— ing or permanent housing under this title ‘‘(ii) awards the funds to project sponsors ‘‘(i) in a particular structure or unit for with respect to— to carry out the projects. not more than the first year of the participa- ‘‘(A) the administration, maintenance, re- ‘‘(22) SECRETARY.—The term ‘Secretary’ tion; pair, and security of such housing; means the Secretary of Housing and Urban ‘‘(ii) within a particular geographic area ‘‘(B) utilities, fuel, furnishings, and equip- Development. for the full period of the participation, or the ment for such housing; or ‘‘(23) SERIOUS MENTAL ILLNESS.—The term period remaining after the period referred to ‘‘(C) coordination of services as needed to ‘serious mental illness’ means a severe and in subparagraph (A); and ensure long-term housing stability. persistent mental illness or emotional im- ‘‘(B) provides that a person may receive ‘‘(14) OUTPATIENT HEALTH SERVICES.—The pairment that seriously limits a person’s such assistance and move to another struc- term ‘outpatient health services’ means out- ability to live independently. ture, unit, or geographic area if the person patient health care services, mental health ‘‘(24) SOLO APPLICANT.—The term ‘solo ap- has complied with all other obligations of services, and outpatient substance abuse plicant’ means an entity that is an eligible the program and has moved out of the as- services. entity, directly submits an application for a sisted dwelling unit in order to protect the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5757 health or safety of an individual who is or ‘‘(B) receive and distribute grant funds funding agency for a geographic area under has been the victim of domestic violence, awarded under subtitle C; and paragraph (1) shall— dating violence, sexual assault, or stalking, ‘‘(C) perform other administrative duties. ‘‘(A) require each project sponsor who is and who reasonably believed he or she was ‘‘(2) RETENTION OF DUTIES.—Any collabo- funded by a grant received under subtitle C imminently threatened by harm from fur- rative applicant that designates an agent to establish such fiscal control and fund ac- ther violence if he or she remained in the as- pursuant to paragraph (1) shall regardless of counting procedures as may be necessary to sisted dwelling unit. such designation retain all of its duties and assure the proper disbursal of, and account- ‘‘(29) TRANSITIONAL HOUSING.—The term responsibilities under this title. ing for, Federal funds awarded to the project ‘transitional housing’ means housing the ‘‘(f) DUTIES.—A collaborative applicant sponsor under subtitle C in order to ensure purpose of which is to facilitate the move- shall— that all financial transactions carried out ment of individuals and families experi- ‘‘(1) design a collaborative process for the under subtitle C are conducted, and records encing homelessness to permanent housing development of an application under subtitle maintained, in accordance with generally ac- within 24 months or such longer period as C, and for evaluating the outcomes of cepted accounting principles; and the Secretary determines necessary. projects for which funds are awarded under ‘‘(B) arrange for an annual survey, audit, ‘‘(30) UNIFIED FUNDING AGENCY.—The term subtitle B, in such a manner as to provide in- or evaluation of the financial records of each ‘unified funding agency’ means a collabo- formation necessary for the Secretary— project carried out by a project sponsor fund- rative applicant that performs the duties de- ‘‘(A) to determine compliance with— ed by a grant received under subtitle C. scribed in section 402(g). ‘‘(i) the program requirements under sec- ‘‘(h) CONFLICT OF INTEREST.—No board ‘‘(31) UNDERSERVED POPULATIONS.—The tion 426; and member of a collaborative applicant may term ‘underserved populations’ includes pop- ‘‘(ii) the selection criteria described under participate in decisions of the collaborative ulations underserved because of geographic section 427; and applicant concerning the award of a grant, or location, underserved racial and ethnic popu- ‘‘(B) to establish priorities for funding provision of other financial benefits, to such lations, populations underserved because of projects in the geographic area involved; member or the organization that such mem- special needs (such as language barriers, dis- ‘‘(2) participate in the Consolidated Plan ber represents.’’. for the geographic area served by the col- abilities, alienage status, or age), and any SEC. 1103. GENERAL PROVISIONS. laborative applicant; and other population determined to be under- Subtitle A of the McKinney-Vento Home- served by the Secretary, as appropriate. ‘‘(3) ensure operation of, and consistent participation by, project sponsors in a com- less Assistance Act (42 U.S.C. 11361 et seq.) is ‘‘(32) VICTIM SERVICE PROVIDER.—The term munity-wide homeless management informa- amended by inserting after section 403 (as so ‘victim service provider’ means a private tion system (in this subsection referred to as redesignated by section 1101(2) of this divi- nonprofit organization whose primary mis- ‘HMIS’) that— sion) the following new sections: sion is to provide services to victims of do- ‘‘(A) collects unduplicated counts of indi- ‘‘SEC. 404. PREVENTING INVOLUNTARY FAMILY mestic violence, dating violence, sexual as- viduals and families experiencing homeless- SEPARATION. sault, or stalking. Such term includes rape ness; ‘‘(a) IN GENERAL.—After the expiration of crisis centers, battered women’s shelters, do- ‘‘(B) analyzes patterns of use of assistance the 2-year period that begins upon the date mestic violence transitional housing pro- provided under subtitles B and C for the geo- of the enactment of the Homeless Emergency grams, and other programs. graphic area involved; Assistance and Rapid Transition to Housing ‘‘(33) VICTIM SERVICES.—The term ‘victim ‘‘(C) provides information to project spon- Act of 2009, and except as provided in sub- services’ means services that assist domestic sors and applicants for needs analyses and section (b), any project sponsor receiving violence, dating violence, sexual assault, or funding priorities; and funds under this title to provide emergency stalking victims, including services offered ‘‘(D) is developed in accordance with stand- shelter, transitional housing, or permanent by rape crisis centers and domestic violence ards established by the Secretary, including housing to families with children under age shelters, and other organizations, with a doc- standards that provide for— 18 shall not deny admission to any family umented history of effective work con- ‘‘(i) encryption of data collected for pur- based on the age of any child under age 18. cerning domestic violence, dating violence, poses of HMIS; ‘‘(b) EXCEPTION.—Notwithstanding the re- sexual assault, or stalking.’’. ‘‘(ii) documentation, including keeping an quirement under subsection (a), project SEC. 1102. COMMUNITY HOMELESS ASSISTANCE accurate accounting, proper usage, and dis- sponsors of transitional housing receiving PLANNING BOARDS. closure, of HMIS data; funds under this title may target transi- Subtitle A of title IV of the McKinney- ‘‘(iii) access to HMIS data by staff, con- tional housing resources to families with Vento Homeless Assistance Act (42 U.S.C. tractors, law enforcement, and academic re- children of a specific age only if the project 11361 et seq.) is amended by inserting after searchers; sponsor— section 401 (as added by section 1101(3) of this ‘‘(iv) rights of persons receiving services ‘‘(1) operates a transitional housing pro- division) the following new section: under this title; gram that has a primary purpose of imple- ‘‘SEC. 402. COLLABORATIVE APPLICANTS. ‘‘(v) criminal and civil penalties for unlaw- menting an evidence-based practice that re- ‘‘(a) ESTABLISHMENT AND DESIGNATION.—A ful disclosure of data; and quires that housing units be targeted to fam- collaborative applicant shall be established ‘‘(vi) such other standards as may be deter- ilies with children in a specific age group; for a geographic area by the relevant parties mined necessary by the Secretary. and in that geographic area to— ‘‘(g) UNIFIED FUNDING.— ‘‘(2) provides such assurances, as the Sec- ‘‘(1) submit an application for amounts ‘‘(1) IN GENERAL.—In addition to the duties retary shall require, that an equivalent ap- under this subtitle; and described in subsection (f), a collaborative propriate alternative living arrangement for ‘‘(2) perform the duties specified in sub- applicant shall receive from the Secretary the whole family or household unit has been section (f) and, if applicable, subsection (g). and distribute to other project sponsors in secured. ‘‘(b) NO REQUIREMENT TO BEALEGAL ENTI- the applicable geographic area funds for ‘‘SEC. 405. TECHNICAL ASSISTANCE. TY.—An entity may be established to serve projects to be carried out by such other ‘‘(a) IN GENERAL.—The Secretary shall as a collaborative applicant under this sec- project sponsors, if— make available technical assistance to pri- tion without being a legal entity. ‘‘(A) the collaborative applicant— vate nonprofit organizations and other non- ‘‘(c) REMEDIAL ACTION.—If the Secretary ‘‘(i) applies to undertake such collection governmental entities, States, metropolitan finds that a collaborative applicant for a ge- and distribution responsibilities in an appli- cities, urban counties, and counties that are ographic area does not meet the require- cation submitted under this subtitle; and not urban counties, to implement effective ments of this section, or if there is no col- ‘‘(ii) is selected to perform such respon- planning processes for preventing and ending laborative applicant for a geographic area, sibilities by the Secretary; or homelessness, to improve their capacity to the Secretary may take remedial action to ‘‘(B) the Secretary designates the collabo- prepare collaborative applications, to pre- ensure fair distribution of grant amounts rative applicant as the unified funding agen- vent the separation of families in emergency under subtitle C to eligible entities within cy in the geographic area, after— shelter or other housing programs, and to that area. Such measures may include desig- ‘‘(i) a finding by the Secretary that the ap- adopt and provide best practices in housing nating another body as a collaborative appli- plicant— and services for persons experiencing home- cant, or permitting other eligible entities to ‘‘(I) has the capacity to perform such re- less. apply directly for grants. sponsibilities; and ‘‘(b) RESERVATION.—The Secretary shall re- ‘‘(d) CONSTRUCTION.—Nothing in this sec- ‘‘(II) would serve the purposes of this Act serve not more than 1 percent of the funds tion shall be construed to displace conflict of as they apply to the geographic area; and made available for any fiscal year for car- interest or government fair practices laws, ‘‘(ii) the Secretary provides the collabo- rying out subtitles B and C, to provide tech- or their equivalent, that govern applicants rative applicant with the technical assist- nical assistance under subsection (a).’’. for grant amounts under subtitles B and C. ance necessary to perform such responsibil- SEC. 1104. PROTECTION OF PERSONALLY IDENTI- ‘‘(e) APPOINTMENT OF AGENT.— ities as such assistance is agreed to by the FYING INFORMATION BY VICTIM ‘‘(1) IN GENERAL.—Subject to paragraph (2), collaborative applicant. SERVICE PROVIDERS. a collaborative applicant may designate an ‘‘(2) REQUIRED ACTIONS BY A UNIFIED FUND- Subtitle A of the McKinney-Vento Home- agent to— ING AGENCY.—A collaborative applicant that less Assistance Act (42 U.S.C. 11361 et seq.), ‘‘(A) apply for a grant under section 422(c); is either selected or designated as a unified as amended by the preceding provisions of

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5758 CONGRESSIONAL RECORD — SENATE May 20, 2009 this title, is further amended by adding at inserting ‘‘amounts appropriated under sec- amended by striking ‘‘5 percent’’ and insert- the end the following new section: tion 408 and made available to carry out this ing ‘‘7.5 percent’’. ‘‘SEC. 407. PROTECTION OF PERSONALLY IDENTI- subtitle for any’’. SEC. 1205. GAO STUDY OF ADMINISTRATIVE FEES. FYING INFORMATION BY VICTIM SEC. 1202. ELIGIBLE ACTIVITIES. Not later than the expiration of the 12- SERVICE PROVIDERS. The McKinney-Vento Homeless Assistance month period beginning on the date of the ‘‘In the course of awarding grants or imple- Act is amended by striking section 415 (42 enactment of this division, the Comptroller menting programs under this title, the Sec- U.S.C. 11374), as so redesignated by section General of the United States shall— retary shall instruct any victim service pro- 1201(3) of this division, and inserting the fol- (1) conduct a study to examine the appro- vider that is a recipient or subgrantee not to lowing new section: priate administrative costs for admin- disclose for purposes of the Homeless Man- ‘‘SEC. 415. ELIGIBLE ACTIVITIES. istering the program authorized under sub- agement Information System any personally ‘‘(a) IN GENERAL.—Assistance provided title B of title IV of the McKinney-Vento identifying information about any client. under section 412 may be used for the fol- Homeless Assistance Act (42 U.S.C. 11371 et The Secretary may, after public notice and lowing activities: seq.); and comment, require or ask such recipients and ‘‘(1) The renovation, major rehabilitation, (2) submit to Congress a report on the find- subgrantees to disclose for purposes of the or conversion of buildings to be used as ings of the study required under paragraph Homeless Management Information System emergency shelters. (1). non-personally identifying information that ‘‘(2) The provision of essential services re- TITLE III—CONTINUUM OF CARE has been de-identified, encrypted, or other- lated to emergency shelter or street out- PROGRAM wise encoded. Nothing in this section shall reach, including services concerned with em- be construed to supersede any provision of ployment, health, education, family support SEC. 1301. CONTINUUM OF CARE. any Federal, State, or local law that pro- services for homeless youth, substance abuse The McKinney-Vento Homeless Assistance vides greater protection than this subsection services, victim services, or mental health Act is amended— for victims of domestic violence, dating vio- services, if— (1) by striking the subtitle heading for sub- lence, sexual assault, or stalking.’’. ‘‘(A) such essential services have not been title C of title IV (42 U.S.C. 11381 et seq.) and SEC. 1105. AUTHORIZATION OF APPROPRIATIONS. provided by the local government during any inserting the following: Subtitle A of the McKinney-Vento Home- part of the immediately preceding 12-month ‘‘Subtitle C—Continuum of Care Program’’; less Assistance Act (42 U.S.C. 11361 et seq.), period or the Secretary determines that the and as amended by the preceding provisions of local government is in a severe financial def- (2) by striking sections 421 and 422 (42 this title, is further amended by adding at icit; or U.S.C. 11381 and 11382) and inserting the fol- the end the following new section: ‘‘(B) the use of assistance under this sub- lowing new sections: ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. title would complement the provision of ‘‘SEC. 421. PURPOSES. ‘‘There are authorized to be appropriated those essential services. ‘‘The purposes of this subtitle are— to carry out this title $2,200,000,000 for fiscal ‘‘(3) Maintenance, operation, insurance, ‘‘(1) to promote community-wide commit- year 2010 and such sums as may be necessary provision of utilities, and provision of fur- ment to the goal of ending homelessness; for fiscal year 2011.’’. nishings related to emergency shelter. ‘‘(2) to provide funding for efforts by non- ‘‘(4) Provision of rental assistance to pro- TITLE II—EMERGENCY SOLUTIONS profit providers and State and local govern- vide short-term or medium-term housing to GRANTS PROGRAM ments to quickly rehouse homeless individ- homeless individuals or families or individuals and families while minimizing the trau- SEC. 1201. GRANT ASSISTANCE. uals or families at risk of homelessness. Subtitle B of title IV of the McKinney- ma and dislocation caused to individuals, Such rental assistance may include tenant- families, and communities by homelessness; Vento Homeless Assistance Act (42 U.S.C. based or project-based rental assistance. 11371 et seq.) is amended— ‘‘(3) to promote access to, and effective uti- ‘‘(5) Housing relocation or stabilization lization of, mainstream programs described (1) by striking the subtitle heading and in- services for homeless individuals or families serting the following: in section 203(a)(7) and programs funded with or individuals or families at risk of home- State or local resources; and ‘‘Subtitle B—Emergency Solutions Grants lessness, including housing search, medi- ‘‘(4) to optimize self-sufficiency among in- Program’’; ation or outreach to property owners, legal dividuals and families experiencing home- (2) by striking section 417 (42 U.S.C. 11377); services, credit repair, providing security or lessness. utility deposits, utility payments, rental as- (3) by redesignating sections 413 through ‘‘SEC. 422. CONTINUUM OF CARE APPLICATIONS 416 (42 U.S.C. 11373–6) as sections 414 through sistance for a final month at a location, as- AND GRANTS. sistance with moving costs, or other activi- 417, respectively; and ‘‘(a) PROJECTS.—The Secretary shall award (4) by striking section 412 (42 U.S.C. 11372) ties that are effective at— grants, on a competitive basis, and using the and inserting the following: ‘‘(A) stabilizing individuals and families in selection criteria described in section 427, to ‘‘SEC. 412. GRANT ASSISTANCE. their current housing; or carry out eligible activities under this sub- ‘‘The Secretary shall make grants to ‘‘(B) quickly moving such individuals and title for projects that meet the program re- States and local governments (and to private families to other permanent housing. quirements under section 426, either by di- ‘‘(b) MAXIMUM ALLOCATION FOR EMERGENCY nonprofit organizations providing assistance rectly awarding funds to project sponsors or SHELTER ACTIVITIES.—A grantee of assist- to persons experiencing homelessness or at ance provided under section 412 for any fiscal by awarding funds to unified funding agen- risk of homelessness, in the case of grants year may not use an amount of such assist- cies. made with reallocated amounts) for the pur- ance for activities described in paragraphs ‘‘(b) NOTIFICATION OF FUNDING AVAIL- pose of carrying out activities described in (1) through (3) of subsection (a) that exceeds ABILITY.—The Secretary shall release a noti- section 415. the greater of— fication of funding availability for grants ‘‘SEC. 413. AMOUNT AND ALLOCATION OF ASSIST- ‘‘(1) 60 percent of the aggregate amount of awarded under this subtitle for a fiscal year ANCE. such assistance provided for the grantee for not later than 3 months after the date of the ‘‘(a) IN GENERAL.—Of the amount made such fiscal year; or enactment of the appropriate Act making available to carry out this subtitle and sub- ‘‘(2) the amount expended by such grantee appropriations for the Department of Hous- title C for a fiscal year, the Secretary shall for such activities during fiscal year most re- ing and Urban Development for such fiscal allocate nationally 20 percent of such cently completed before the effective date year. amount for activities described in section under section 1503 of the Homeless Emer- ‘‘(c) APPLICATIONS.— 415. The Secretary shall be required to cer- gency Assistance and Rapid Transition to ‘‘(1) SUBMISSION TO THE SECRETARY.—To be tify that such allocation will not adversely Housing Act of 2009.’’. eligible to receive a grant under subsection affect the renewal of existing projects under (a), a project sponsor or unified funding SEC. 1203. PARTICIPATION IN HOMELESS MAN- this subtitle and subtitle C for those individ- AGEMENT INFORMATION SYSTEM. agency in a geographic area shall submit an uals or families who are homeless. Section 416 of the McKinney-Vento Home- application to the Secretary at such time ‘‘(b) ALLOCATION.—An entity that receives less Assistance Act (42 U.S.C. 11375), as so re- and in such manner as the Secretary may re- a grant under section 412, and serves an area designated by section 1201(3) of this division, quire, and containing such information as that includes 1 or more geographic areas (or is amended by adding at the end the fol- the Secretary determines necessary— portions of such areas) served by collabo- lowing new subsection: ‘‘(A) to determine compliance with the pro- rative applicants that submit applications ‘‘(f) PARTICIPATION IN HMIS.—The Sec- gram requirements and selection criteria under subtitle C, shall allocate the funds retary shall ensure that recipients of funds under this subtitle; and made available through the grant to carry under this subtitle ensure the consistent par- ‘‘(B) to establish priorities for funding out activities described in section 415, in ticipation by emergency shelters and home- projects in the geographic area. consultation with the collaborative appli- lessness prevention and rehousing programs ‘‘(2) ANNOUNCEMENT OF AWARDS.— cants.’’; and in any applicable community-wide homeless ‘‘(A) IN GENERAL.—Except as provided in (5) in section 414(b) (42 U.S.C. 11373(b)), as management information system.’’. subparagraph (B), the Secretary shall an- so redesignated by paragraph (3) of this sec- SEC. 1204. ADMINISTRATIVE PROVISION. nounce, within 5 months after the last date tion, by striking ‘‘amounts appropriated’’ Section 418 of the McKinney-Vento Home- for the submission of applications described and all that follows through ‘‘for any’’ and less Assistance Act (42 U.S.C. 11378) is in this subsection for a fiscal year, the

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5759

grants conditionally awarded under sub- funded under this subtitle that the Secretary ‘‘(B) AT RISK OF HOMELESSNESS.—Subpara- section (a) for that fiscal year. determines meets the purposes of this sub- graph (A) may not be construed to prevent ‘‘(B) TRANSITION.—For a period of up to 2 title, and was included as part of a total ap- any unaccompanied youth and homeless fam- years beginning after the effective date plication that met the criteria of subsection ilies and children defined as homeless under under section 1503 of the Homeless Emer- (c), even if the application was not selected section 103(a)(6) from qualifying for, and gency Assistance and Rapid Transition to to receive grant assistance. The Secretary being treated for purposes of this subtitle as, Housing Act of 2009, the Secretary shall an- may renew the funding for a period of not at risk of homelessness or from eligibility nounce, within 6 months after the last date more than 1 year, and under such conditions for any projects, activities, or services car- for the submission of applications described as the Secretary determines to be appro- ried out using amounts provided under this in this subsection for a fiscal year, the priate. subtitle for which individuals or families grants conditionally awarded under sub- ‘‘(f) CONSIDERATIONS IN DETERMINING RE- that are at risk of homelessness are eligi- section (a) for that fiscal year. NEWAL FUNDING.—When providing renewal ble.’’. ‘‘(d) OBLIGATION, DISTRIBUTION, AND UTILI- funding for leasing, operating costs, or rent- SEC. 1302. ELIGIBLE ACTIVITIES. ZATION OF FUNDS.— al assistance for permanent housing, the The McKinney-Vento Homeless Assistance ‘‘(1) REQUIREMENTS FOR OBLIGATION.— Secretary shall make adjustments propor- Act is amended by striking section 423 (42 ‘‘(A) IN GENERAL.—Not later than 9 months tional to increases in the fair market rents U.S.C. 11383) and inserting the following new after the announcement referred to in sub- in the geographic area. section: section (c)(2), each recipient or project spon- ‘‘(g) MORE THAN 1 APPLICATION FOR A GEO- ‘‘SEC. 423. ELIGIBLE ACTIVITIES. sor shall meet all requirements for the obli- GRAPHIC AREA.—If more than 1 collaborative gation of those funds, including site control, applicant applies for funds for a geographic ‘‘(a) IN GENERAL.—Grants awarded under matching funds, and environmental review area, the Secretary shall award funds to the section 422 to qualified applicants shall be requirements, except as provided in subpara- collaborative applicant with the highest used to carry out projects that serve home- graphs (B) and (C). score based on the selection criteria set forth less individuals or families that consist of ‘‘(B) ACQUISITION, REHABILITATION, OR CON- in section 427. one or more of the following eligible activi- STRUCTION.—Not later than 24 months after ‘‘(h) APPEALS.— ties: the announcement referred to in subsection ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(1) Construction of new housing units to (c)(2), each recipient or project sponsor seek- tablish a timely appeal procedure for grant provide transitional or permanent housing. ing the obligation of funds for acquisition of amounts awarded or denied under this sub- ‘‘(2) Acquisition or rehabilitation of a housing, rehabilitation of housing, or con- title pursuant to a collaborative application structure to provide transitional or perma- struction of new housing for a grant an- or solo application for funding. nent housing, other than emergency shelter, nounced under subsection (c)(2) shall meet ‘‘(2) PROCESS.—The Secretary shall ensure or to provide supportive services. all requirements for the obligation of those that the procedure permits appeals sub- ‘‘(3) Leasing of property, or portions of funds, including site control, matching mitted by entities carrying out homeless property, not owned by the recipient or funds, and environmental review require- housing and services projects (including project sponsor involved, for use in providing ments. emergency shelters and homelessness pre- transitional or permanent housing, or pro- ‘‘(C) EXTENSIONS.—At the discretion of the vention programs), and all other applicants viding supportive services. Secretary, and in compelling circumstances, under this subtitle. ‘‘(4) Provision of rental assistance to pro- the Secretary may extend the date by which ‘‘(i) SOLO APPLICANTS.—A solo applicant vide transitional or permanent housing to el- a recipient or project sponsor shall meet the may submit an application to the Secretary igible persons. The rental assistance may in- requirements described in subparagraphs (A) for a grant under subsection (a) and be clude tenant-based, project-based, or spon- and (B) if the Secretary determines that awarded such grant on the same basis as sor-based rental assistance. Project-based compliance with the requirements was de- such grants are awarded to other applicants rental assistance, sponsor-based rental as- layed due to factors beyond the reasonable based on the criteria described in section 427, sistance, and operating cost assistance con- control of the recipient or project sponsor. but only if the Secretary determines that tracts carried out by project sponsors receiv- Such factors may include difficulties in ob- the solo applicant has attempted to partici- ing grants under this section may, at the dis- taining site control for a proposed project, pate in the continuum of care process but cretion of the applicant and the project spon- completing the process of obtaining secure was not permitted to participate in a reason- sor, have an initial term of 15 years, with as- financing for the project, obtaining approv- able manner. The Secretary may award such sistance for the first 5 years paid with funds als from State or local governments, or com- grants directly to such applicants in a man- authorized for appropriation under this Act, pleting the technical submission require- ner determined to be appropriate by the Sec- and assistance for the remainder of the term ments for the project. retary. treated as a renewal of an expiring contract ‘‘(2) OBLIGATION.—Not later than 45 days ‘‘(j) FLEXIBILITY TO SERVE PERSONS DE- as provided in section 429. Project-based after a recipient or project sponsor meets the FINED AS HOMELESS UNDER OTHER FEDERAL rental assistance may include rental assist- requirements described in paragraph (1), the LAWS.— ance to preserve existing permanent sup- Secretary shall obligate the funds for the ‘‘(1) IN GENERAL.—A collaborative appli- portive housing for homeless individuals and grant involved. cant may use not more than 10 percent of families. ‘‘(3) DISTRIBUTION.—A recipient that re- funds awarded under this subtitle (con- ‘‘(5) Payment of operating costs for hous- ceives funds through such a grant— tinuum of care funding) for any of the types ing units assisted under this subtitle or for ‘‘(A) shall distribute the funds to project of eligible activities specified in paragraphs the preservation of housing that will serve sponsors (in advance of expenditures by the (1) through (7) of section 423(a) to serve fami- homeless individuals and families and for project sponsors); and lies with children and youth defined as which another form of assistance is expiring ‘‘(B) shall distribute the appropriate por- homeless under other Federal statutes, or or otherwise no longer available. tion of the funds to a project sponsor not homeless families with children and youth ‘‘(6) Supportive services for individuals and later than 45 days after receiving a request defined as homeless under section 103(a)(6), families who are currently homeless, who for such distribution from the project spon- but only if the applicant demonstrates that have been homeless in the prior six months sor. the use of such funds is of an equal or greater but are currently residing in permanent ‘‘(4) EXPENDITURE OF FUNDS.—The Sec- priority or is equally or more cost effective housing, or who were previously homeless retary may establish a date by which funds in meeting the overall goals and objectives and are currently residing in permanent sup- made available through a grant announced of the plan submitted under section portive housing. under subsection (c)(2) for a homeless assist- 427(b)(1)(B), especially with respect to chil- ‘‘(7) Provision of rehousing services, in- ance project shall be entirely expended by dren and unaccompanied youth. cluding housing search, mediation or out- the recipient or project sponsors involved. ‘‘(2) LIMITATIONS.—The 10 percent limita- reach to property owners, credit repair, pro- The date established under this paragraph tion under paragraph (1) shall not apply to viding security or utility deposits, rental as- shall not occur before the expiration of the collaborative applicants in which the rate of sistance for a final month at a location, as- 24-month period beginning on the date that homelessness, as calculated in the most re- sistance with moving costs, or other activi- funds are obligated for activities described cent point in time count, is less than one- ties that— under paragraphs (1) or (2) of section 423(a). tenth of 1 percent of total population. ‘‘(A) are effective at moving homeless indi- The Secretary shall recapture the funds not ‘‘(3) TREATMENT OF CERTAIN POPULATIONS.— viduals and families immediately into hous- expended by such date. The Secretary shall ‘‘(A) IN GENERAL.—Notwithstanding section ing; or reallocate the funds for another homeless as- 103(a) and subject to subparagraph (B), funds ‘‘(B) may benefit individuals and families sistance and prevention project that meets awarded under this subtitle may be used for who in the prior 6 months have been home- the requirements of this subtitle to be car- eligible activities to serve unaccompanied less, but are currently residing in permanent ried out, if possible and appropriate, in the youth and homeless families and children de- housing. same geographic area as the area served fined as homeless under section 103(a)(6) only ‘‘(8) In the case of a collaborative applicant through the original grant. pursuant to paragraph (1) of this subsection that is a legal entity, performance of the du- ‘‘(e) RENEWAL FUNDING FOR UNSUCCESSFUL and such families and children shall not oth- ties described under section 402(f)(3). APPLICANTS.—The Secretary may renew erwise be considered as homeless for pur- ‘‘(9) Operation of, participation in, and en- funding for a specific project previously poses of this subtitle. suring consistent participation by project

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5760 CONGRESSIONAL RECORD — SENATE May 20, 2009 sponsors in, a community-wide homeless and conditions as the Secretary may pre- high-performing communities, the Secretary management information system. scribe to prevent the recipient or project shall designate the 10 that have, in the dis- ‘‘(10) In the case of a collaborative appli- sponsor from unduly benefitting from such cretion of the Secretary, the best perform- cant that is a legal entity, payment of ad- sale or disposition. ance based on the criteria described under ministrative costs related to meeting the re- ‘‘(3) EXCEPTION.—A recipient or project subsection (d). quirements described in paragraphs (1) and sponsor shall not be required to make the re- ‘‘(5) TIME LIMIT ON DESIGNATION.—The des- (2) of section 402(f), for which the collabo- payments, and comply with the terms and ignation of any collaborative applicant as a rative applicant may use not more than 3 conditions, required under paragraph (1) or high-performing community under this sub- percent of the total funds made available in (2) if— section shall be effective only for the year in the geographic area under this subtitle for ‘‘(A) the sale or disposition of the property which such designation is made. The Sec- such costs. used for the project results in the use of the retary, on an annual basis, may renew any ‘‘(11) In the case of a collaborative appli- property for the direct benefit of very low-in- such designation. cant that is a unified funding agency under come persons; ‘‘(b) APPLICATION.— section 402(g), payment of administrative ‘‘(B) all of the proceeds of the sale or dis- ‘‘(1) IN GENERAL.—A collaborative appli- costs related to meeting the requirements of position are used to provide transitional or cant seeking designation as a high-per- that section, for which the unified funding permanent housing meeting the require- forming community under subsection (a) agency may use not more than 3 percent of ments of this subtitle; shall submit an application to the Secretary the total funds made available in the geo- ‘‘(C) project-based rental assistance or op- at such time, and in such manner as the Sec- graphic area under this subtitle for such erating cost assistance from any Federal retary may require. costs, in addition to funds used under para- program or an equivalent State or local pro- ‘‘(2) CONTENT OF APPLICATION.—In any ap- graph (10). gram is no longer made available and the plication submitted under paragraph (1), a ‘‘(12) Payment of administrative costs to project is meeting applicable performance collaborative applicant shall include in such project sponsors, for which each project standards, provided that the portion of the application— sponsor may use not more than 10 percent of project that had benefitted from such assist- ‘‘(A) a report showing how any money re- the total funds made available to that ance continues to meet the tenant income ceived under this subtitle in the preceding project sponsor through this subtitle for and rent restrictions for low-income units year was expended; and such costs. under section 42(g) of the Internal Revenue ‘‘(B) information that such applicant can ‘‘(b) MINIMUM GRANT TERMS.—The Sec- Code of 1986; or meet the requirements described under sub- retary may impose minimum grant terms of ‘‘(D) there are no individuals and families section (d). up to 5 years for new projects providing per- in the geographic area who are homeless, in ‘‘(3) PUBLICATION OF APPLICATION.—The manent housing. which case the project may serve individuals Secretary shall— ‘‘(c) USE RESTRICTIONS.— and families at risk of homelessness. ‘‘(A) publish any report or information ‘‘(1) ACQUISITION, REHABILITATION, AND NEW ‘‘(e) STAFF TRAINING.—The Secretary may submitted in an application under this sec- CONSTRUCTION.—A project that consists of action in the geographic area represented by tivities described in paragraph (1) or (2) of allow reasonable costs associated with staff training to be included as part of the activi- the collaborative applicant; and subsection (a) shall be operated for the pur- ‘‘(B) seek comments from the public as to pose specified in the application submitted ties described in subsection (a). ‘‘(f) ELIGIBILITY FOR PERMANENT HOUSING.— whether the collaborative applicant seeking for the project under section 422 for not less designation as a high-performing community than 15 years. Any project that receives assistance under subsection (a) and that provides project- meets the requirements described under sub- ‘‘(2) OTHER ACTIVITIES.—A project that con- based or sponsor-based permanent housing section (d). sists of activities described in any of para- ‘‘(c) USE OF FUNDS.—Funds awarded under graphs (3) through (12) of subsection (a) shall for homeless individuals or families with a disability, including projects that meet the section 422(a) to a project sponsor who is lo- be operated for the purpose specified in the cated in a high-performing community may requirements of subsection (a) and sub- application submitted for the project under be used— section (d)(2)(A) of section 428 may also serve section 422 for the duration of the grant pe- ‘‘(1) for any of the eligible activities de- individuals who had previously met the re- riod involved. scribed in section 423; or quirements for such project prior to moving ‘‘(3) CONVERSION.—If the recipient or ‘‘(2) for any of the eligible activities de- into a different permanent housing project. project sponsor carrying out a project that scribed in paragraphs (4) and (5) of section ‘‘(g) ADMINISTRATION OF RENTAL ASSIST- provides transitional or permanent housing 415(a). ANCE.—Provision of permanent housing rent- submits a request to the Secretary to carry ‘‘(d) DEFINITION OF HIGH-PERFORMING COM- al assistance shall be administered by a out instead a project for the direct benefit of MUNITY.—For purposes of this section, the State, unit of general local government, or low-income persons, and the Secretary deter- term ‘high-performing community’ means a public housing agency.’’. mines that the initial project is no longer geographic area that demonstrates through needed to provide transitional or permanent SEC. 1303. HIGH PERFORMING COMMUNITIES. reliable data that all five of the following rehousing, the Secretary may approve the The McKinney-Vento Homeless Assistance quirements are met for that geographic area: project described in the request and author- Act is amended by striking section 424 (42 ‘‘(1) TERM OF HOMELESSNESS.—The mean ize the recipient or project sponsor to carry U.S.C. 11384) and inserting the following: length of episodes of homelessness for that out that project. ‘‘SEC. 424. INCENTIVES FOR HIGH-PERFORMING geographic area— ‘‘(d) REPAYMENT OF ASSISTANCE AND PRE- COMMUNITIES. ‘‘(A) is less than 20 days; or VENTION OF UNDUE BENEFITS.— ‘‘(a) DESIGNATION AS A HIGH-PERFORMING ‘‘(B) for individuals and families in similar ‘‘(1) REPAYMENT.—If a recipient or project COMMUNITY.— circumstances in the preceding year was at sponsor receives assistance under section 422 ‘‘(1) IN GENERAL.—The Secretary shall des- least 10 percent less than in the year before. to carry out a project that consists of activi- ignate, on an annual basis, which collabo- ‘‘(2) FAMILIES LEAVING HOMELESSNESS.—Of ties described in paragraph (1) or (2) of sub- rative applicants represent high-performing individuals and families— section (a) and the project ceases to provide communities. ‘‘(A) who leave homelessness, fewer than 5 transitional or permanent housing— ‘‘(2) CONSIDERATION.—In determining percent of such individuals and families be- ‘‘(A) earlier than 10 years after operation whether to designate a collaborative appli- come homeless again at any time within the of the project begins, the Secretary shall re- cant as a high-performing community under next 2 years; or quire the recipient or project sponsor to paragraph (1), the Secretary shall establish ‘‘(B) in similar circumstances who leave repay 100 percent of the assistance; or criteria to ensure that the requirements de- homelessness, the percentage of such indi- ‘‘(B) not earlier than 10 years, but earlier scribed under paragraphs (1)(B) and (2)(B) of viduals and families who become homeless than 15 years, after operation of the project subsection (d) are measured by comparing again within the next 2 years has decreased begins, the Secretary shall require the re- homeless individuals and families under by at least 20 percent from the preceding cipient or project sponsor to repay 20 percent similar circumstances, in order to encourage year. of the assistance for each of the years in the projects in the geographic area to serve ‘‘(3) COMMUNITY ACTION.—The communities 15-year period for which the project fails to homeless individuals and families with more that compose the geographic area have— provide that housing. severe barriers to housing stability. ‘‘(A) actively encouraged homeless individ- ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- ‘‘(3) 2-YEAR PHASE IN.—In each of the first uals and families to participate in homeless cept as provided in paragraph (3), if any 2 years after the effective date under section assistance services available in that geo- property is used for a project that receives 1503 of the Homeless Emergency Assistance graphic area; and assistance under subsection (a) and consists and Rapid Transition to Housing Act of 2009, ‘‘(B) included each homeless individual or of activities described in paragraph (1) or (2) the Secretary shall designate not more than family who sought homeless assistance serv- of subsection (a), and the sale or other dis- 10 collaborative applicants as high-per- ices in the data system used by that commu- position of the property occurs before the ex- forming communities. nity for determining compliance with this piration of the 15-year period beginning on ‘‘(4) EXCESS OF QUALIFIED APPLICANTS.—If, subsection. the date that operation of the project begins, during the 2-year period described under ‘‘(4) EFFECTIVENESS OF PREVIOUS ACTIVI- the recipient or project sponsor who received paragraph (2), more than 10 collaborative ap- TIES.—If recipients in the geographic area the assistance shall comply with such terms plicants could qualify to be designated as have used funding awarded under section

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5761 422(a) for eligible activities described under ignate a staff person to be responsible for en- under this subparagraph), measured by cri- section 415(a) in previous years based on the suring that children being served in the pro- teria that shall be announced by the Sec- authority granted under subsection (c), that gram are enrolled in school and connected to retary, that shall take into account barriers such activities were effective at reducing the appropriate services in the community, in- faced by individual homeless people, and number of individuals and families who be- cluding early childhood programs such as that shall include— came homeless in that community. Head Start, part C of the Individuals with ‘‘(i) the length of time individuals and fam- ‘‘(5) FLEXIBILITY TO SERVE PERSONS DEFINED Disabilities Education Act, and programs au- ilies remain homeless; AS HOMELESS UNDER OTHER FEDERAL LAWS.— thorized under subtitle B of title VII of this ‘‘(ii) the extent to which individuals and With respect to collaborative applicants ex- Act (42 U.S.C. 11431 et seq.); and families who leave homelessness experience ercising the authority under section 422(j) to ‘‘(E) they will provide data and reports as additional spells of homelessness; serve homeless families with children and required by the Secretary pursuant to the ‘‘(iii) the thoroughness of grantees in the youth defined as homeless under other Fed- Act; geographic area in reaching homeless indi- eral statutes, effectiveness in achieving the ‘‘(5) if a collaborative applicant is a unified viduals and families; goals and outcomes identified in subsection funding agency under section 402(g) and re- ‘‘(iv) overall reduction in the number of 427(b)(1)(F) according to such standards as ceives funds under subtitle C to carry out homeless individuals and families; the Secretary shall promulgate. the payment of administrative costs de- ‘‘(v) jobs and income growth for homeless ‘‘(e) COOPERATION AMONG ENTITIES.—A col- scribed in section 423(a)(11), to establish such individuals and families; laborative applicant designated as a high- fiscal control and fund accounting proce- ‘‘(vi) success at reducing the number of in- performing community under this section dures as may be necessary to assure the dividuals and families who become homeless; shall cooperate with the Secretary in distrib- proper disbursal of, and accounting for, such ‘‘(vii) other accomplishments by the recipi- uting information about successful efforts funds in order to ensure that all financial ent related to reducing homelessness; and within the geographic area represented by transactions carried out with such funds are ‘‘(viii) for collaborative applicants that the collaborative applicant to reduce home- conducted, and records maintained, in ac- have exercised the authority under section lessness.’’. cordance with generally accepted accounting 422(j) to serve families with children and SEC. 1304. PROGRAM REQUIREMENTS. principles; youth defined as homeless under other Fed- Section 426 of the McKinney-Vento Home- ‘‘(6) to monitor and report to the Secretary eral statutes, success in achieving the goals less Assistance Act (42 U.S.C. 11386) is the provision of matching funds as required and outcomes identified in section amended— by section 430; 427(b)(1)(F); (1) by striking subsections (a), (b), and (c) ‘‘(7) to take the educational needs of chil- ‘‘(B) the plan of the recipient, which shall and inserting the following: dren into account when families are placed describe— ‘‘(a) SITE CONTROL.—The Secretary shall in emergency or transitional shelter and ‘‘(i) how the number of individuals and require that each application include reason- will, to the maximum extent practicable, families who become homeless will be re- able assurances that the applicant will own place families with children as close as pos- duced in the community; or have control of a site for the proposed sible to their school of origin so as not to ‘‘(ii) how the length of time that individ- project not later than the expiration of the disrupt such children’s education; and uals and families remain homeless will be re- 12-month period beginning upon notification ‘‘(8) to comply with such other terms and duced; of an award for grant assistance, unless the conditions as the Secretary may establish to ‘‘(iii) how the recipient will collaborate application proposes providing supportive carry out this subtitle in an effective and ef- with local education authorities to assist in housing assistance under section 423(a)(3) or ficient manner.’’; the identification of individuals and families housing that will eventually be owned or (2) by redesignating subsection (d) as sub- who become or remain homeless and are in- controlled by the families and individuals section (c); formed of their eligibility for services under served. An applicant may obtain ownership (3) in the first sentence of subsection (c) subtitle B of title VII of this Act (42 U.S.C. or control of a suitable site different from (as so redesignated by paragraph (2) of this 11431 et seq.); the site specified in the application. If any subsection), by striking ‘‘recipient’’ and in- ‘‘(iv) the extent to which the recipient recipient or project sponsor fails to obtain serting ‘‘recipient or project sponsor’’; will— ownership or control of the site within 12 (4) by striking subsection (e); ‘‘(I) address the needs of all relevant sub- months after notification of an award for (5) by redesignating subsections (f), (g), and populations; grant assistance, the grant shall be recap- (h), as subsections (d), (e), and (f), respec- ‘‘(II) incorporate comprehensive strategies tured and reallocated under this subtitle. tively; for reducing homelessness, including the ‘‘(b) REQUIRED AGREEMENTS.—The Sec- (6) in the first sentence of subsection (e) interventions referred to in section 428(d); retary may not provide assistance for a pro- (as so redesignated by paragraph (5) of this ‘‘(III) set quantifiable performance meas- posed project under this subtitle unless the section), by striking ‘‘recipient’’ each place ures; collaborative applicant involved agrees— it appears and inserting ‘‘recipient or project ‘‘(IV) set timelines for completion of spe- ‘‘(1) to ensure the operation of the project sponsor’’; cific tasks; in accordance with the provisions of this (7) by striking subsection (i); and ‘‘(V) identify specific funding sources for subtitle; (8) by redesignating subsection (j) as sub- planned activities; and ‘‘(2) to monitor and report to the Secretary section (g). ‘‘(VI) identify an individual or body re- the progress of the project; SEC. 1305. SELECTION CRITERIA, ALLOCATION sponsible for overseeing implementation of ‘‘(3) to ensure, to the maximum extent AMOUNTS, AND FUNDING. specific strategies; and practicable, that individuals and families ex- The McKinney-Vento Homeless Assistance ‘‘(v) whether the recipient proposes to experiencing homelessness are involved, Act is amended— ercise authority to use funds under section through employment, provision of volunteer (1) by repealing section 429 (42 U.S.C. 422(j), and if so, how the recipient will services, or otherwise, in constructing, reha- 11389); and achieve the goals and outcomes identified in bilitating, maintaining, and operating facili- (2) by redesignating sections 427 and 428 (42 section 427(b)(1)(F); ties for the project and in providing sup- U.S.C. 11387, 11388) as sections 432 and 433, re- ‘‘(C) the methodology of the recipient used portive services for the project; spectively; and to determine the priority for funding local ‘‘(4) to require certification from all (3) by inserting after section 426 the fol- projects under section 422(c)(1), including the project sponsors that— lowing new sections: extent to which the priority-setting proc- ‘‘(A) they will maintain the confidentiality ‘‘SEC. 427. SELECTION CRITERIA. ess— of records pertaining to any individual or ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(i) uses periodically collected information family provided family violence prevention award funds to recipients through a national and analysis to determine the extent to or treatment services through the project; competition between geographic areas based which each project has resulted in rapid re- ‘‘(B) that the address or location of any on criteria established by the Secretary. turn to permanent housing for those served family violence shelter project assisted ‘‘(b) REQUIRED CRITERIA.— by the project, taking into account the se- under this subtitle will not be made public, ‘‘(1) IN GENERAL.—The criteria established verity of barriers faced by the people the except with written authorization of the per- under subsection (a) shall include— project serves; son responsible for the operation of such ‘‘(A) the previous performance of the re- ‘‘(ii) considers the full range of opinions project; cipient regarding homelessness, including from individuals or entities with knowledge ‘‘(C) they will establish policies and prac- performance related to funds provided under of homelessness in the geographic area or an tices that are consistent with, and do not re- section 412 (except that recipients applying interest in preventing or ending homeless- strict the exercise of rights provided by, sub- from geographic areas where no funds have ness in the geographic area; title B of title VII, and other laws relating to been awarded under this subtitle, or under ‘‘(iii) is based on objective criteria that the provision of educational and related subtitles C, D, E, or F of title IV of this Act, have been publicly announced by the recipi- services to individuals and families experi- as in effect prior to the date of the enact- ent; and encing homelessness; ment of the Homeless Emergency Assistance ‘‘(iv) is open to proposals from entities ‘‘(D) in the case of programs that provide and Rapid Transition to Housing Act of 2009, that have not previously received funds housing or services to families, they will des- shall receive full credit for performance under this subtitle;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5762 CONGRESSIONAL RECORD — SENATE May 20, 2009

‘‘(D) the extent to which the amount of as- ‘‘(c) ADJUSTMENTS.—The Secretary may ‘‘(B) for homeless families, rapid rehousing sistance to be provided under this subtitle to adjust the formula described in subsection services, short-term flexible subsidies to the recipient will be supplemented with re- (b)(2) as necessary— overcome barriers to rehousing, support sources from other public and private ‘‘(1) to ensure that each collaborative ap- services concentrating on improving incomes sources, including mainstream programs plicant has sufficient funding to renew all to pay rent, coupled with performance meas- identified by the Government Accountability qualified projects for at least one year; and ures emphasizing rapid and permanent re- Office in the two reports described in section ‘‘(2) to ensure that collaborative applicants housing and with leveraging funding from 203(a)(7); are not discouraged from replacing renewal mainstream family service systems such as ‘‘(E) demonstrated coordination by the re- projects with new projects that the collabo- Temporary Assistance for Needy Families cipient with the other Federal, State, local, rative applicant determines will better be and Child Welfare services; and private, and other entities serving individ- able to meet the purposes of this Act. ‘‘(C) any other activity determined by the uals and families experiencing homelessness ‘‘SEC. 428. ALLOCATION OF AMOUNTS AND INCEN- Secretary, based on research and after notice and at risk of homelessness in the planning TIVES FOR SPECIFIC ELIGIBLE AC- and comment to the public, to have been and operation of projects; TIVITIES. proven effective at reducing homelessness ‘‘(F) for collaborative applicants exercising ‘‘(a) MINIMUM ALLOCATION FOR PERMANENT generally, reducing homelessness for a spe- the authority under section 422(j) to serve HOUSING FOR HOMELESS INDIVIDUALS AND cific subpopulation, or achieving homeless homeless families with children and youth FAMILIES WITH DISABILITIES.— prevention and independent living goals as defined as homeless under other Federal ‘‘(1) IN GENERAL.—From the amounts made set forth in section 427(b)(1)(F). statutes, program goals and outcomes, which available to carry out this subtitle for a fis- ‘‘(3) BALANCE OF INCENTIVES FOR PROVEN shall include— cal year, a portion equal to not less than 30 STRATEGIES.—To the extent practicable, in ‘‘(i) preventing homelessness among the percent of the sums made available to carry providing bonuses or incentives for proven subset of such families with children and out subtitle B and this subtitle, shall be used strategies, the Secretary shall seek to main- youth who are at highest risk of becoming for permanent housing for homeless individ- tain a balance among strategies targeting homeless, as such term is defined for pur- uals with disabilities and homeless families homeless individuals, families, and other poses of this title; or that include such an individual who is an subpopulations. The Secretary shall not im- ‘‘(ii) achieving independent living in per- adult or a minor head of household if no plement bonuses or incentives that specifi- manent housing among such families with adult is present in the household. cally discourage collaborative applicants children and youth, especially those who ‘‘(2) CALCULATION.—In calculating the por- from exercising their flexibility to serve have a history of doubled-up and other tem- tion of the amount described in paragraph (1) families with children and youth defined as porary housing situations or are living in a that is used for activities that are described homeless under other Federal statutes. temporary housing situation due to lack of in paragraph (1), the Secretary shall not ‘‘(e) INCENTIVES FOR SUCCESSFUL IMPLEMEN- available and appropriate emergency shelter, count funds made available to renew con- TATION OF PROVEN STRATEGIES.—If any geo- through the provision of eligible assistance tracts for existing projects under section 429. graphic area demonstrates that it has fully that directly contributes to achieving such ‘‘(3) ADJUSTMENT.—The 30 percent figure in implemented any of the activities described results including assistance to address paragraph (1) shall be reduced proportion- in subsection (d) for all homeless individuals chronic disabilities, chronic physical health ately based on need under section 427(b)(2) in and families or for all members of subpopula- or mental health conditions, substance ad- geographic areas for which subsection (e) ap- tions for whom such activities are targeted, diction, histories of domestic violence or plies in regard to subsection (d)(2)(A). that geographic area shall receive the bonus childhood abuse, or multiple barriers to em- ‘‘(4) SUSPENSION.—The requirement estab- or incentive provided under subsection (d), ployment; and lished in paragraph (1) shall be suspended for but may use such bonus or incentive for any ‘‘(G) such other factors as the Secretary any year in which funding available for eligible activity under either section 423 or determines to be appropriate to carry out grants under this subtitle after making the paragraphs (4) and (5) of section 415(a) for this subtitle in an effective and efficient allocation established in paragraph (1) would manner. homeless people generally or for the relevant not be sufficient to renew for 1 year all exist- subpopulation. ‘‘(2) ADDITIONAL CRITERIA.—In addition to ing grants that would otherwise be fully the criteria required under paragraph (1), the funded under this subtitle. ‘‘SEC. 429. RENEWAL FUNDING AND TERMS OF AS- criteria established under paragraph (1) shall SISTANCE FOR PERMANENT HOUS- ‘‘(5) TERMINATION.—The requirement estab- ING. also include the need within the geographic lished in paragraph (1) shall terminate upon area for homeless services, determined as ‘‘(a) IN GENERAL.—Renewal of expiring con- a finding by the Secretary that since the be- tracts for leasing, rental assistance, or oper- follows and under the following conditions: ginning of 2001 at least 150,000 new units of ‘‘(A) NOTICE.—The Secretary shall inform ating costs for permanent housing contracts permanent housing for homeless individuals may be funded either— each collaborative applicant, at a time con- and families with disabilities have been current with the release of the notice of ‘‘(1) under the appropriations account for funded under this subtitle. this title; or funding availability for the grants, of the pro ‘‘(b) SET-ASIDE FOR PERMANENT HOUSING ‘‘(2) the section 8 project-based rental as- rata estimated grant amount under this sub- FOR HOMELESS FAMILIES WITH CHILDREN.— sistance account. title for the geographic area represented by From the amounts made available to carry the collaborative applicant. out this subtitle for a fiscal year, a portion ‘‘(b) RENEWALS.—The sums made available ‘‘(B) AMOUNT.— equal to not less than 10 percent of the sums under subsection (a) shall be available for ‘‘(i) FORMULA.—Such estimated grant made available to carry out subtitle B and the renewal of contracts in the case of ten- amounts shall be determined by a formula, this subtitle for that fiscal year shall be used ant-based assistance, successive 1-year which shall be developed by the Secretary, to provide or secure permanent housing for terms, and in the case of project-based as- by regulation, not later than the expiration homeless families with children. sistance, successive terms of up to 15 years of the 2-year period beginning upon the date ‘‘(c) TREATMENT OF AMOUNTS FOR PERMA- at the discretion of the applicant or project of the enactment of the Homeless Emergency NENT OR TRANSITIONAL HOUSING.—Nothing in sponsor and subject to the availability of an- Assistance and Rapid Transition to Housing this Act may be construed to establish a nual appropriations, for rental assistance Act of 2009, that is based upon factors that limit on the amount of funding that an ap- and housing operation costs associated with are appropriate to allocate funds to meet the plicant may request under this subtitle for permanent housing projects funded under goals and objectives of this subtitle. acquisition, construction, or rehabilitation this subtitle, or under subtitle C or F (as in ‘‘(ii) COMBINATIONS OR CONSORTIA.—For a activities for the development of permanent effect on the day before the effective date of collaborative applicant that represents a housing or transitional housing. the Homeless Emergency Assistance and combination or consortium of cities or coun- ‘‘(d) INCENTIVES FOR PROVEN STRATEGIES.— Rapid Transition to Housing Act of 2009). ties, the estimated need amount shall be the ‘‘(1) IN GENERAL.—The Secretary shall pro- The Secretary shall determine whether to sum of the estimated need amounts for the vide bonuses or other incentives to geo- renew a contract for such a permanent hous- cities or counties represented by the collabo- graphic areas for using funding under this ing project on the basis of certification by rative applicant. subtitle for activities that have been proven the collaborative applicant for the geo- ‘‘(iii) AUTHORITY OF SECRETARY.—Subject to be effective at reducing homelessness gen- graphic area that— to the availability of appropriations, the erally, reducing homelessness for a specific ‘‘(1) there is a demonstrated need for the Secretary shall increase the estimated need subpopulation, or achieving homeless pre- project; and amount for a geographic area if necessary to vention and independent living goals as set ‘‘(2) the project complies with program re- provide 1 year of renewal funding for all ex- forth in section 427(b)(1)(F). quirements and appropriate standards of piring contracts entered into under this sub- ‘‘(2) RULE OF CONSTRUCTION.—For purposes housing quality and habitability, as deter- title for the geographic area. of this subsection, activities that have been mined by the Secretary. ‘‘(3) HOMELESSNESS COUNTS.—The Secretary proven to be effective at reducing homeless- ‘‘(c) CONSTRUCTION.—Nothing in this sec- shall not require that communities conduct ness generally or reducing homelessness for tion shall be construed as prohibiting the an actual count of homeless people other a specific subpopulation includes— Secretary from renewing contracts under than those described in paragraphs (1) ‘‘(A) permanent supportive housing for this subtitle in accordance with criteria set through (4) of section 103(a) of this Act (42 chronically homeless individuals and fami- forth in a provision of this subtitle other U.S.C. 11302(a)). lies; than this section.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5763 ‘‘SEC. 430. MATCHING FUNDING. (iii) by striking paragraphs (1), (2), and (3), ficiaries or clients of an eligible organization ‘‘(a) IN GENERAL.—A collaborative appli- and inserting the following: by an entity other than the organization cant in a geographic area in which funds are ‘‘(1) rehousing or improving the housing may count toward the contributions in para- awarded under this subtitle shall specify situations of individuals and families who graph (1) only when documented by a memo- contributions from any source other than a are homeless or in the worst housing situa- randum of understanding between the orga- grant awarded under this subtitle, including tions in the geographic area; nization and the other entity that such serv- renewal funding of projects assisted under ‘‘(2) stabilizing the housing of individuals ices will be provided. subtitles C, D, and F of this title as in effect and families who are in imminent danger of ‘‘(3) COUNTABLE ACTIVITIES.—The contribu- before the effective date under section 1503 of losing housing; and tions required under paragraph (1) may con- the Homeless Emergency Assistance and ‘‘(3) improving the ability of the lowest-insist of— Rapid Transition to Housing Act of 2009, that come residents of the community to afford ‘‘(A) funding for any eligible activity de- shall be made available in the geographic stable housing.’’; scribed under subsection (b); and area in an amount equal to not less than 25 (C) in subsection (b)(1)— ‘‘(B) subject to paragraph (2), in-kind pro- percent of the funds provided to recipients in (i) by redesignating subparagraphs (E), (F), vision of services of any eligible activity de- the geographic area, except that grants for and (G) as subparagraphs (I), (J), and (K), re- scribed under subsection (b). leasing shall not be subject to any match respectively; and ‘‘(g) SELECTION CRITERIA.—The Secretary quirement. (ii) by striking subparagraph (D) and in- shall establish criteria for selecting recipi- ‘‘(b) LIMITATIONS ON IN-KIND MATCH.—The serting the following: ents of grants under subsection (a), includ- cash value of services provided to the resi- ‘‘(D) construction of new housing units to ing— dents or clients of a project sponsor by an provide transitional or permanent housing to ‘‘(1) the participation of potential bene- entity other than the project sponsor may homeless individuals and families and indi- ficiaries of the project in assessing the need count toward the contributions in subsection viduals and families at risk of homelessness; for, and importance of, the project in the (a) only when documented by a memorandum ‘‘(E) acquisition or rehabilitation of a community; of understanding between the project spon- structure to provide supportive services or to ‘‘(2) the degree to which the project ad- sor and the other entity that such services provide transitional or permanent housing, dresses the most harmful housing situations will be provided. other than emergency shelter, to homeless present in the community; ‘‘(3) the degree of collaboration with others ‘‘(c) COUNTABLE ACTIVITIES.—The contribu- individuals and families and individuals and tions required under subsection (a) may con- families at risk of homelessness; in the community to meet the goals de- sist of— ‘‘(F) leasing of property, or portions of scribed in subsection (a); ‘‘(1) funding for any eligible activity de- property, not owned by the recipient or ‘‘(4) the performance of the organization in scribed under section 423; and project sponsor involved, for use in providing improving housing situations, taking ac- ‘‘(2) subject to subsection (b), in-kind pro- transitional or permanent housing to home- count of the severity of barriers of individuals and families served by the organization; vision of services of any eligible activity de- less individuals and families and individuals ‘‘(5) for organizations that have previously scribed under section 423. and families at risk of homelessness, or providing supportive services to such homeless received funding under this section, the ex- ‘‘SEC. 431. APPEAL PROCEDURE. and at-risk individuals and families; tent of improvement in homelessness and the ‘‘(a) IN GENERAL.—With respect to funding ‘‘(G) provision of rental assistance to pro- worst housing situations in the community under this subtitle, if certification of con- vide transitional or permanent housing to since such funding began; sistency with the consolidated plan pursuant homeless individuals and families and indi- ‘‘(6) the need for such funds, as determined to section 403 is withheld from an applicant viduals and families at risk of homelessness, by the formula established under section who has submitted an application for that such rental assistance may include tenant- 427(b)(2); and certification, such applicant may appeal based or project-based rental assistance; ‘‘(7) any other relevant criteria as deter- such decision to the Secretary. ‘‘(H) payment of operating costs for hous- mined by the Secretary.’’; ‘‘(b) PROCEDURE.—The Secretary shall es- ing units assisted under this title;’’; (H) in subsection (h)— tablish a procedure to process the appeals de- (D) in subsection (b)(2), by striking ‘‘appro- (i) in paragraph (1), in the matter prescribed in subsection (a). priated’’ and inserting ‘‘transferred’’; ceding subparagraph (A), by striking ‘‘The’’ ‘‘(c) DETERMINATION.—Not later than 45 (E) in subsection (c)— and inserting ‘‘Not later than 18 months days after the date of receipt of an appeal de- (i) in paragraph (1)(A), by striking ‘‘appro- after funding is first made available pursu- scribed in subsection (a), the Secretary shall priated’’ and inserting ‘‘transferred’’; and ant to the amendments made by title IV of determine if certification was unreasonably (ii) in paragraph (3), by striking ‘‘appro- the Homeless Emergency Assistance and withheld. If such certification was unreason- priated’’ and inserting ‘‘transferred’’; Rapid Transition to Housing Act of 2009, ably withheld, the Secretary shall review (F) in subsection (d)— the’’; and such application and determine if such appli- (i) in paragraph (5), by striking ‘‘; and’’ and (ii) in paragraph (1)(A), by striking ‘‘pro- cant shall receive funding under this sub- inserting a semicolon; viding housing and other assistance to home- title.’’. (ii) in paragraph (6)— less persons’’ and inserting ‘‘meeting the SEC. 1306. RESEARCH. (I) by striking ‘‘an agreement’’ and all that goals described in subsection (a)’’; There is authorized to be appropriated follows through ‘‘families’’ and inserting the (iii) in paragraph (1)(B), by striking ‘‘ad- $8,000,000, for each of fiscal years 2010 and following: ‘‘a description of how individuals dress homelessness in rural areas’’ and in- 2011, for research into the efficacy of inter- and families who are homeless or who have serting ‘‘meet the goals described in sub- ventions for homeless families, to be ex- the lowest incomes in the community will be section (a) in rural areas’’; and pended by the Secretary of Housing and involved by the organization’’; and (iv) in paragraph (2)— Urban Development over the 2 years at 3 dif- (II) by striking the period at the end, and (I) by striking ‘‘The’’ and inserting ‘‘Not ferent sites to provide services for homeless inserting a semicolon; and later than 24 months after funding is first families and evaluate the effectiveness of (iii) by adding at the end the following: made available pursuant to the amendment such services. ‘‘(7) a description of consultations that made by title IV of the Homeless Emergency TITLE IV—RURAL HOUSING STABILITY took place within the community to ascer- Assistance and Rapid Transition to Housing ASSISTANCE PROGRAM tain the most important uses for funding Act of 2009, the’’; under this section, including the involve- (II) by striking ‘‘, not later than 18 months SEC. 1401. RURAL HOUSING STABILITY ASSIST- after the date on which the Secretary first ANCE. ment of potential beneficiaries of the makes grants under the program,’’; and Subtitle G of title IV of the McKinney- project; and (III) by striking ‘‘prevent and respond to Vento Homeless Assistance Act (42 U.S.C. ‘‘(8) a description of the extent and nature homelessness’’ and inserting ‘‘meet the goals 11408 et seq.) is amended— of homelessness and of the worst housing sit- described in subsection (a)’’; (1) by striking the subtitle heading and in- uations in the community.’’; (I) in subsection (k)— serting the following: (G) by striking subsections (f) and (g) and inserting the following: (i) in paragraph (1), by striking ‘‘rural ‘‘Subtitle G—Rural Housing Stability ‘‘(f) MATCHING FUNDING.— homelessness grant program’’ and inserting Assistance Program’’; and ‘‘(1) IN GENERAL.—An organization eligible ‘‘rural housing stability grant program’’; and (2) in section 491— to receive a grant under subsection (a) shall (ii) in paragraph (2)— (A) by striking the section heading and in- specify matching contributions from any (I) in subparagraph (A), by striking ‘‘; or’’ serting ‘‘rural housing stability grant pro- source other than a grant awarded under this and inserting a semicolon; gram.’’; subtitle, that shall be made available in the (II) in subparagraph (B)(ii), by striking (B) in subsection (a)— geographic area in an amount equal to not ‘‘rural census tract.’’ and inserting ‘‘county (i) by striking ‘‘rural homelessness grant less than 25 percent of the funds provided for where at least 75 percent of the population is program’’ and inserting ‘‘rural housing sta- the project or activity, except that grants rural; or’’; and bility grant program’’; for leasing shall not be subject to any match (III) by adding at the end the following: (ii) by inserting ‘‘in lieu of grants under requirement. ‘‘(C) any area or community, respectively, subtitle C’’ after ‘‘eligible organizations’’; ‘‘(2) LIMITATIONS ON IN-KIND MATCH.—The located in a State that has population den- and cash value of services provided to the bene- sity of less than 30 persons per square mile

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5764 CONGRESSIONAL RECORD — SENATE May 20, 2009 (as reported in the most recent decennial grams, and recommendations for removing Homeless Assistance Act is amended by re- census), and of which at least 1.25 percent of such barriers. designating subtitle G (42 U.S.C. 11408 et the total acreage of such State is under Fed- (8) An assessment of the type and amount seq.), as amended by the preceding provisions eral jurisdiction, provided that no metropoli- of Federal homeless assistance funds award- of this division, as subtitle D. tan city (as such term is defined in section ed to organizations serving rural areas and SEC. 1503. EFFECTIVE DATE. 102 of the Housing and Community Develop- rural communities and a determination as to Except as specifically provided otherwise ment Act of 1974) in such State is the sole whether such amount is proportional to the in this division, this division and the amend- beneficiary of the grant amounts awarded distribution of homeless individuals and ments made by this division shall take effect under this section.’’; families in and from rural areas and rural on, and shall apply beginning on— (J) in subsection (l)— communities compared to homeless individ- (1) the expiration of the 18-month period (i) by striking the subsection heading and uals and families in non-rural areas and non- beginning on the date of the enactment of inserting ‘‘PROGRAM FUNDING.—’’; and rural communities. this division, or (ii) by striking paragraph (1) and inserting (9) An assessment of the current roles of (2) the expiration of the 3-month period be- the following: the Department of Housing and Urban Devel- ginning upon publication by the Secretary of ‘‘(1) IN GENERAL.—The Secretary shall de- opment, the Department of Agriculture, and Housing and Urban Development of final reg- termine the total amount of funding attrib- other Federal departments and agencies in ulations pursuant to section 1504, utable under section 427(b)(2) to meet the administering homeless assistance programs whichever occurs first. needs of any geographic area in the Nation in rural areas and rural communities and SEC. 1504. REGULATIONS. that applies for funding under this section. recommendations for distributing Federal (a) IN GENERAL.—Not later than 12 months The Secretary shall transfer any amounts responsibilities, including homeless assist- after the date of the enactment of this divi- determined under this subsection from the ance program administration and sion, the Secretary of Housing and Urban De- Community Homeless Assistance Program grantmaking, among the departments and velopment shall promulgate regulations gov- and consolidate such transferred amounts for agencies so that service organizations in erning the operation of the programs that grants under this section, except that the rural areas and rural communities are most are created or modified by this division. Secretary shall transfer an amount not less effectively reached and supported. (b) EFFECTIVE DATE.—This section shall than 5 percent of the amount available under (b) ACQUISITION OF SUPPORTING INFORMA- take effect on the date of the enactment of subtitle C for grants under this section. Any TION.—In carrying out the study under this amounts so transferred and not used for section, the Comptroller General shall seek this division. grants under this section due to an insuffi- to obtain views from the following persons: SEC. 1505. AMENDMENT TO TABLE OF CONTENTS. cient number of applications shall be trans- (1) The Secretary of Agriculture. The table of contents in section 101(b) of ferred to be used for grants under subtitle (2) The Secretary of Housing and Urban the McKinney-Vento Homeless Assistance C.’’; and Development. Act (42 U.S.C. 11301 note) is amended by (K) by adding at the end the following: (3) The Secretary of Health and Human striking the item relating to the heading for ‘‘(m) DETERMINATION OF FUNDING SOURCE.— Services. title IV and all that follows through the For any fiscal year, in addition to funds (4) The Secretary of Education. item relating to section 492 and inserting the awarded under subtitle B, funds under this (5) The Secretary of Labor. following new items: title to be used in a city or county shall only (6) The Secretary of Veterans Affairs. ‘‘TITLE IV—HOUSING ASSISTANCE be awarded under either subtitle C or sub- (7) The Executive Director of the United ‘‘Subtitle A—General Provisions title D.’’. States Interagency Council on Homelessness. (8) Project sponsors and recipients of ‘‘Sec. 401. Definitions. SEC. 1402. GAO STUDY OF HOMELESSNESS AND homeless assistance grants serving rural ‘‘Sec. 402. Collaborative applicants. HOMELESS ASSISTANCE IN RURAL ‘‘Sec. 403. Housing affordability strategy. AREAS. areas and rural communities. (9) Individuals and families in or from ‘‘Sec. 404. Preventing involuntary family (a) STUDY AND REPORT.—Not later than the separation. expiration of the 12-month period beginning rural areas and rural communities who have ‘‘Sec. 405. Technical assistance. on the date of the enactment of this division, sought or are seeking Federal homeless as- ‘‘Sec. 406. Discharge coordination policy. the Comptroller General of the United States sistance services. ‘‘Sec. 407. Protection of personally identi- shall conduct a study to examine homeless- (10) National advocacy organizations con- fying information by victim ness and homeless assistance in rural areas cerned with homelessness, rural housing, and service providers. and rural communities and submit a report rural community development. ‘‘Sec. 408. Authorization of appropriations. to the Congress on the findings and conclu- (c) EFFECTIVE DATE.—This section shall sion of the study. The report shall contain take effect on the date of the enactment of ‘‘Subtitle B—Emergency Solutions Grants the following matters: this division. Program (1) A general description of homelessness, TITLE V—REPEALS AND CONFORMING ‘‘Sec. 411. Definitions. including the range of living situations AMENDMENTS ‘‘Sec. 412. Grant assistance. among homeless individuals and homeless SEC. 1501. REPEALS. ‘‘Sec. 413. Amount and allocation of assist- families, in rural areas and rural commu- Subtitles D, E, and F of title IV of the ance. nities of the United States, including tribal McKinney-Vento Homeless Assistance Act ‘‘Sec. 414. Allocation and distribution of as- lands and colonias. (42 U.S.C. 11391 et seq., 11401 et seq., and 11403 sistance. (2) An estimate of the incidence and preva- et seq.) are hereby repealed. ‘‘Sec. 415. Eligible activities. lence of homelessness among individuals and SEC. 1502. CONFORMING AMENDMENTS. ‘‘Sec. 416. Responsibilities of recipients. families in rural areas and rural commu- (a) CONSOLIDATED PLAN.—Section 403(1) of ‘‘Sec. 417. Administrative provisions. nities of the United States. the McKinney-Vento Homeless Assistance ‘‘Sec. 418. Administrative costs. (3) An estimate of the number of individ- Act (as so redesignated by section 1101(2) of ‘‘Subtitle C—Continuum of Care Program uals and families from rural areas and rural this division), is amended— ‘‘Sec. 421. Purposes. communities who migrate annually to non- (1) by striking ‘‘current housing afford- ‘‘Sec. 422. Continuum of care applications rural areas and non-rural communities for ability strategy’’ and inserting ‘‘consoli- and grants. homeless assistance. dated plan’’; and ‘‘Sec. 423. Eligible activities. (4) A description of barriers that individ- (2) by inserting before the comma the fol- ‘‘Sec. 424. Incentives for high-performing uals and families in and from rural areas and lowing: ‘‘(referred to in such section as a communities. rural communities encounter when seeking ‘comprehensive housing affordability strat- ‘‘Sec. 425. Supportive services. to access homeless assistance programs, and egy’)’’. ‘‘Sec. 426. Program requirements. recommendations for removing such bar- (b) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 427. Selection criteria. riers. NESS.—Section 103 of the McKinney-Vento ‘‘Sec. 428. Allocation of amounts and incen- (5) A comparison of the rate of homeless- Homeless Assistance Act (42 U.S.C. 11302), as tives for specific eligible activi- ness among individuals and families in and amended by the preceding provisions of this ties. from rural areas and rural communities com- division, is further amended by adding at the ‘‘Sec. 429. Renewal funding and terms of as- pared to the rate of homelessness among in- end the following new subsection: sistance for permanent housing. dividuals and families in and from non-rural ‘‘(e) PERSONS EXPERIENCING HOMELESS- ‘‘Sec. 430. Matching funding. areas and non-rural communities. NESS.—Any references in this Act to home- ‘‘Sec. 431. Appeal procedure. (6) A general description of homeless as- less individuals (including homeless persons) ‘‘Sec. 432. Regulations. sistance for individuals and families in rural or homeless groups (including homeless per- ‘‘Sec. 433. Reports to Congress. areas and rural communities of the United sons) shall be considered to include, and to States. refer to, individuals experiencing homeless- ‘‘Subtitle D—Rural Housing Stability (7) A description of barriers that homeless ness or groups experiencing homelessness, Assistance Program assistance providers serving rural areas and respectively.’’. ‘‘Sec. 491. Rural housing stability assist- rural communities encounter when seeking (c) RURAL HOUSING STABILITY ASSIST- ance. to access Federal homeless assistance pro- ANCE.—Title IV of the McKinney-Vento ‘‘Sec. 492. Use of FHMA inventory for transitional housing for homeless persons and for turnkey housing.’’.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0655 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 20, 2009 CONGRESSIONAL RECORD — SENATE S5765 EXECUTIVE SESSION SECTION 1. FINDINGS. (E) because they were not considered mili- Congress finds that— tary, no American flags were allowed on (1) the Women Airforce Service Pilots of their coffins; EXECUTIVE CALENDAR WWII, known as the ‘‘WASP’’, were the first (19) in 1944, General Arnold made a per- Mr. REID. Mr. President, I ask unan- women in history to fly American military sonal request to Congress to militarize the aircraft; WASP, and it was denied; imous consent that the Senate proceed (20) on December 7, 1944, in a speech to the to executive session to consider Cal- (2) more than 60 years ago, they flew fighter, bomber, transport, and training aircraft last graduating class of WASP, General Ar- endar Nos. 31 and 108; that the nomina- in defense of America’s freedom; nold said, ‘‘You and more than 900 of your tions be confirmed, en bloc; the mo- (3) they faced overwhelming cultural and sisters have shown you can fly wingtip to tions to reconsider be laid upon the gender bias against women in nontraditional wingtip with your brothers. I salute you . . . table, en bloc; that any statements re- roles and overcame multiple injustices and We of the Army Air Force are proud of you. lating to the nominations be printed in inequities in order to serve their country; We will never forget our debt to you.’’; the RECORD; that no further motions be (4) through their actions, the WASP even- (21) with victory in WWII almost certain, in order; that upon confirmation, the tually were the catalyst for revolutionary on December 20, 1944, the WASP were quietly President be immediately notified of reform in the integration of women pilots and unceremoniously disbanded; the Senate’s action, and the Senate into the Armed Services; (22) there were no honors, no benefits, and then resume legislative session. (5) during the early months of World War very few ‘‘thank you’s’’; The PRESIDING OFFICER. Without II, there was a severe shortage of combat pi- (23) just as they had paid their own way to lots; enter training, they had to pay their own objection, it is so ordered. (6) Jacqueline Cochran, America’s leading way back home after their honorable service The nominations were considered and woman pilot of the time, convinced General to the military; confirmed en bloc as follows: Hap Arnold, Chief of the Army Air Forces, (24) the WASP military records were im- DEPARTMENT OF THE INTERIOR that women, if given the same training as mediately sealed, stamped ‘‘classified’’ or David J. Hayes, of Virginia, to be Deputy men, would be equally capable of flying mili- ‘‘secret’’, and filed away in Government ar- Secretary of the Interior. tary aircraft and could then take over some chives, unavailable to the historians who DEPARTMENT OF ENERGY of the stateside military flying jobs, thereby wrote the history of WWII or the scholars Ines R. Triay, of New Mexico, to be an As- releasing hundreds of male pilots for combat who compiled the history text books used sistant Secretary of Energy (Environmental duty; today, with many of the records not declas- Management). (7) the severe loss of male combat pilots sified until the 1980s; made the necessity of utilizing women pilots (25) consequently, the WASP story is a f to help in the war effort clear to General Ar- missing chapter in the history of the Air LEGISLATIVE SESSION nold, and a women’s pilot training program Force, the history of aviation, and the his- The PRESIDING OFFICER. The Sen- was soon approved; tory of the United States of America; (8) it was not until August 1943, that the (26) in 1977, 33 years after the WASP were ate will now return to legislation ses- women aviators would receive their official disbanded, the Congress finally voted to give sion. name; the WASP the veteran status they had f (9) General Arnold ordered that all women earned, but these heroic pilots were not in- pilots flying military aircraft, including 28 vited to the signing ceremony at the White TO AWARD A CONGRESSIONAL civilian women ferry pilots, would be named House, and it was not until 7 years later that GOLD MEDAL TO THE WOMEN ‘‘WASP’’, Women Airforce Service Pilots; their medals were delivered in the mail in AIRFORCE SERVICE PILOTS (10) more than 25,000 American women ap- plain brown envelopes; (‘‘WASP’’) plied for training, but only 1,830 were accept- (27) in the late 1970s, more than 30 years Mr. REID. Mr. President, I ask unan- ed and took the oath; after the WASP flew in World War II, women imous consent that the Committee on (11) exactly 1,074 of those trainees success- were finally permitted to attend military Banking, Housing, and Urban Affairs fully completed the 21 to 27 weeks of Army pilot training in the United States Armed Air Forces flight training, graduated, and re- Forces; be discharged from further consider- ceived their Army Air Forces orders to re- (28) thousands of women aviators flying ation of S. 614. port to their assigned air base; support aircraft have benefitted from the The PRESIDING OFFICER. Without (12) on November 16, 1942, the first class of service of the WASP and followed in their objection, it is so ordered. 29 women pilots reported to the Houston, footsteps; The clerk will report the bill by title. Texas Municipal Airport and began the same (29) in 1993, the WASP were once again ref- The legislative clerk read as follows: military flight training as the male Army erenced during congressional hearings re- A bill (S. 614) to award a Congressional Air Forces cadets were taking; garding the contributions that women could Gold Medal to The Women Airforce Service (13) due to a lack of adequate facilities at make to the military, which eventually led Pilots (‘‘WASP’’). the airport, 3 months later the training pro- to women being able to fly military fighter, There being no objection, the Senate gram was moved to Avenger Field in Sweet- bomber, and attack aircraft in combat; proceeded to consider the bill. water, Texas; (30) hundreds of United States service- Mr. REID. Mr. President, I ask unan- (14) WASP were eventually stationed at 120 women combat pilots have seized the oppor- imous consent that the Hutchison Army air bases all across America; tunity to fly fighter aircraft in recent con- (15) they flew more than 60,000,000 miles for flicts, all thanks to the pioneering steps technical amendment at the desk be their country in every type of aircraft and taken by the WASP; agreed to; the bill, as amended, be read on every type of assignment flown by the (31) the WASP have maintained a tight- a third time and passed, the motions to male Army Air Forces pilots, except combat; knit community, forged by the common ex- reconsider be laid upon the table, and (16) WASP assignments included test pilot- periences of serving their country during any statements relating to this meas- ing, instructor piloting, towing targets for war; ure be printed in the RECORD. air-to-air gunnery practice, ground-to-air (32) as part of their desire to educate The PRESIDING OFFICER. Without anti-aircraft practice, ferrying, transporting America on the WASP history, WASP have objection, it is so ordered. personnel and cargo (including parts for the assisted ‘‘Wings Across America’’, an organi- The amendment (No. 1200) was agreed atomic bomb), simulated strafing, smoke zation dedicated to educating the American to, as follows: laying, night tracking, and flying drones; public, with much effort aimed at children, (17) in October 1943, male pilots were refus- about the remarkable accomplishments of On page 3, line 11, strike ‘‘Army Air Force’’ ing to fly the B–26 Martin Marauder (known these WWII veterans; and and insert ‘‘Army Air Forces’’ as the ‘‘Widowmaker’’) because of its fatality (33) the WASP have been honored with ex- On page 3, line 13, strike ‘‘Air Force’’ and records, and General Arnold ordered WASP hibits at numerous museums, to include— insert ‘‘Air Forces’’ On page 3, line 17, strike ‘‘Army Air Force’’ Director, Jacqueline Cochran, to select 25 (A) the Smithsonian Institution, Wash- and insert ‘‘Army Air Forces’’ WASP to be trained to fly the B–26 to prove ington, DC; On page 4, line 2, strike ‘‘Force’’ and insert to the male pilots that it was safe to fly; (B) the Women in Military Service to ‘‘Forces’’ (18) during the existence of the WASP— America Memorial at Arlington National The bill (S. 614) was ordered to be en- (A) 38 women lost their lives while serving Cemetery, Arlington, Virginia; their country; (C) the National Museum of the United grossed for a third reading, was read (B) their bodies were sent home in poorly States Air Force, Wright Patterson Air the third time, and passed, as follows: crafted pine boxes; Force Base, Ohio; S. 614 (C) their burial was at the expense of their (D) the National WASP WWII Museum, Be it enacted by the Senate and House of Rep- families or classmates; Sweetwater, Texas; resentatives of the United States of America in (D) there were no gold stars allowed in (E) the 8th Air Force Museum, Savannah, Congress assembled, their parents’ windows; and Georgia;

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5766 CONGRESSIONAL RECORD — SENATE May 20, 2009 (F) the Lone Star Flight Museum, Gal- The legislative clerk read as follows: Finally, I ask that the filing deadline veston, Texas; A resolution (S. Res. 151) designating a Na- for second-degree amendments be at (G) the American Airpower Museum, tional Day of Remembrance on October 30, 9:30 a.m. tomorrow. Farmingdale, New York; 2009 for Nuclear Weapons Program Workers. (H) the Pima Air Museum, Tucson, Ari- The PRESIDING OFFICER. Without zona; There being no objection, the Senate objection, it is so ordered. (I) the Seattle Museum of Flight, Seattle, proceeded to consider the resolution. Washington; Mr. REID. Mr. President, I ask unan- f (J) the March Air Museum, March Reserve imous consent that the resolution be Air Base, California; and agreed to, the preamble be agreed to, ADJOURNMENT UNTIL 9 A.M. (K) the Texas State History Museum, Aus- and the motion to reconsider laid on TOMORROW tin, Texas. the table. Mr. REID. Mr. President, if there is SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) AWARD AUTHORIZED.—The President pro The PRESIDING OFFICER. Without no further business to come before the tempore of the Senate and the Speaker of objection, it is so ordered. Senate, I ask unanimous consent that the House of Representatives shall make ap- The resolution (S. Res. 151) was it adjourn under the previous order. propriate arrangements for the award, on be- agreed to. There being no objection, the Senate, half of the Congress, of a single gold medal of The preamble was agreed to. at 8:21 p.m., adjourned until Thursday, appropriate design in honor of the Women The resolution, with its preamble, May 21, 2009, at 9 a.m. Airforce Service Pilots (WASP) collectively, reads as follows: in recognition of their pioneering military f service and exemplary record, which forged S. RES. 151 revolutionary reform in the Armed Forces of Whereas hundreds of thousands of men and NOMINATIONS the United States of America. women have served this Nation in building (b) DESIGN AND STRIKING.—For the pur- its nuclear defense since World War II; Executive nominations received by poses of the award referred to in subsection Whereas these dedicated American workers the Senate: (a), the Secretary of the Treasury shall paid a high price for their service and have COMMODITY FUTURES TRADING COMMISSION strike the gold medal with suitable emblems, developed disabling or fatal illnesses as a re- devices, and inscriptions, to be determined BARTHOLOMEW CHILTON, OF MARYLAND, TO BE A COM- sult of exposure to beryllium, ionizing radi- MISSIONER OF THE COMMODITY FUTURES TRADING COM- by the Secretary. ation, toxic substances, and other hazards (c) SMITHSONIAN INSTITUTION.— MISSION FOR A TERM EXPIRING APRIL 13, 2013. (RE- that are unique to the production and test- APPOINTMENT) (1) IN GENERAL.—Following the award of ing of nuclear weapons; the gold medal in honor of the Women ENVIRONMENTAL PROTECTION AGENCY Whereas these workers were put at indi- Airforce Service Pilots, the gold medal shall COLIN SCOTT COLE FULTON, OF MARYLAND, TO BE AN vidual risk without their knowledge and con- be given to the Smithsonian Institution, ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL sent in order to develop a nuclear weapons PROTECTION AGENCY, VICE ROGER ROMULUS where it will be displayed as appropriate and program for the benefit of all American citi- MARTELLA, JR. made available for research. zens; and DEPARTMENT OF HOMELAND SECURITY (2) SENSE OF THE CONGRESS.—It is the sense Whereas these patriotic men and women of the Congress that the Smithsonian Insti- ALEJANDRO N. MAYORKAS, OF CALIFORNIA, TO BE DI- deserve to be recognized for their contribu- RECTOR OF THE UNITED STATES CITIZENSHIP AND IMMI- tution shall make the gold medal received tion, service, and sacrifice towards the de- GRATION SERVICES, DEPARTMENT OF HOMELAND SECU- under this Act available for display else- RITY, VICE EMILIO T. GONZALEZ. fense of our great Nation: Now, therefore, be where, particularly at other locations associ- it IN THE NAVY ated with the WASP. Resolved, That the Senate— THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SEC. 3. DUPLICATE MEDALS. (1) designates October 30, 2009, as a na- AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND Under such regulations as the Secretary APPOINTMENT TO THE GRADE INDICATED WHILE AS- tional day of remembrance for American nu- may prescribe, the Secretary may strike and SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- clear weapons program workers and uranium BILITY UNDER TITLE 10, U.S.C., SECTIONS 152 AND 601: sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to miners, millers, and haulers; and To be admiral (2) encourages the people of the United cover the costs of the medals, including ADM. MICHAEL G. MULLEN States to support and participate in appro- labor, materials, dyes, use of machinery, and IN THE AIR FORCE overhead expenses. priate ceremonies, programs, and other activities to commemorate October 30, 2009, as THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SEC. 4. NATIONAL MEDALS. a national day of remembrance for past and IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Medals struck pursuant to this Act are na- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE tional medals for purposes of chapter 51 of present workers in America’s nuclear weap- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION title 31, United States Code. ons program. 601: SEC. 5. AUTHORIZATION OF APPROPRIATIONS; f To be lieutenant general PROCEEDS OF SALE. MAJ. GEN. GILMARY M. HOSTAGE III (a) AUTHORIZATION OF APPROPRIATIONS.— ORDERS FOR THURSDAY, MAY 21, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT There is authorized to be charged against the 2009 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- United States Mint Public Enterprise Fund, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE an amount not to exceed $30,000 to pay for Mr. REID. Mr. President, I ask unan- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the cost of the medal authorized under sec- imous consent that when the Senate tion 2. completes its business today, it ad- To be lieutenant general (b) PROCEEDS OF SALE.—Amounts received journ until tomorrow morning at 9 LT. GEN. GLENN F. SPEARS from the sale of duplicate bronze medals a.m., May 21; that following the prayer under section 3 shall be deposited in the and the pledge, the Journal of pro- f United States Mint Public Enterprise Fund. ceedings be approved to date, the f morning hour be deemed to have ex- CONFIRMATIONS DESIGNATING A NATIONAL DAY pired, and the time for the two leaders Executive nominations confirmed by OF REMEMBRANCE ON OCTOBER be reserved for their use later in the the Senate, May 20, 2009: 30, 2009, FOR NUCLEAR WEAPONS day, and the Senate resume consider- DEPARTMENT OF THE INTERIOR PROGRAM WORKERS ation of H.R. 2346, the emergency sup- DAVID J. HAYES, OF VIRGINIA, TO BE DEPUTY SEC- Mr. REID. Mr. President, I ask unan- plemental appropriations bill, with the RETARY OF THE INTERIOR. imous consent that the Judiciary Com- time until 10 a.m. equally divided and DEPARTMENT OF ENERGY mittee be discharged from further con- controlled between the two leaders or INES R. TRIAY, OF NEW MEXICO, TO BE AN ASSISTANT their designees, and that be for debate SECRETARY OF ENERGY (ENVIRONMENTAL MANAGE- sideration of S. Res. 151. MENT). The PRESIDING OFFICER. Without only; that at 10 a.m., the Senate pro- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ceed to vote on the motion to invoke TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- objection, it is so ordered. The clerk QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY will state the resolution by title. cloture on H.R. 2346. CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Nov 24 2008 01:37 May 22, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 9801 E:\RECORD09\S20MY9.REC S20MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE