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, JULY 22, 2009 No. 111 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, I will later today meet with the dis- called to order by the Honorable TOM PRESIDENT PRO TEMPORE, tinguished Republican leader and make UDALL, a Senator from the State of Washington, DC, July 22, 2009. some decisions as to how we will finish To the Senate: New Mexico. Under the provisions of rule I, paragraph 3, our work the rest of this week and the of the Standing Rules of the Senate, I hereby next 2 weeks and to find out if we will PRAYER appoint the Honorable TOM UDALL, a Senator have to work any weekends. We have a The Chaplain, Dr. Barry C. Black, of- from the State of New Mexico, to perform number of things we are required to do. fered the following prayer: the duties of the Chair. I gave the Republican leader last week Let us pray. ROBERT C. BYRD, an idea of what I think we need to ac- President pro tempore. Spirit of God, descend upon our complish. Without going into detail hearts and bless the Members of this Mr. UDALL of New Mexico thereupon now, I will be meeting with him later body in their ministry of legislative assumed the chair as Acting President to see if we can figure out a way to do work. Give them the ethical and spir- pro tempore. it as easily as possible. We have two itual insight to see beyond the faulty f weekends until the August recess. I and superficial so that they will ac- RECOGNITION OF THE MAJORITY hope it is not necessary that we work complish Your will on Earth. Lord, LEADER weekends, but it is certainly possible. I hope we can end when we need to end. turn their weights into wings by in- The ACTING PRESIDENT pro tem- We have some things we have to do be- creasing their strength and gladdening pore. The majority leader is recog- fore we leave. I hope that can be ac- their spirit. Open doors of opportunity nized. for them to render service that will complished. I am confident that with empower the powerless and unshackle f some cooperation it can. the oppressed. Make them eager to ex- SCHEDULE f tend the helping hand of kindness and Mr. REID. Mr. President, following HEALTH CARE REFORM friendship that will send rays of hope leader remarks, the Senate will resume far down the future’s broadening way. consideration of the Department of De- Mr. REID. Mr. President, the choices Give them Your wisdom to make cre- fense authorization bill. The time until in this health care debate should be ative decisions and Your power to off- 12 is for debate on the Thune amend- about which ideas contain the best so- set the pressures of the demanding life ment, with the time equally divided lutions to fix a severely broken system. they are called to live. and controlled between Senators The choices in this health care debate should be about how best to lower costs We pray in Your sacred Name. Amen. THUNE and DURBIN or their designees. At 12 today, the Senate will proceed to while increasing quality of care and f a rollcall vote in relation to the Thune how best to bring security and sta- amendment. Under an agreement bility back to health care. The choices in this health care debate should be PLEDGE OF ALLEGIANCE reached a couple of days ago, there will be 60 affirmative votes required for the about how to make it easier to stay The Honorable TOM UDALL led the adoption of the amendment. healthy. But for some, the choice Pledge of Allegiance, as follows: As a reminder to all Senators, there seems to be whether we should do any- I pledge allegiance to the Flag of the will be a live quorum at 2 p.m. today thing, whether to act at all. This is a United States of America, and to the Repub- for the Court of Impeachment of Sam- false choice. That is not a choice we lic for which it stands, one nation under God, have. Not acting is not an option. indivisible, with liberty and justice for all. uel Kent. Senators should be in the Chamber at that time. There will be a A week or so ago, the Republican leader in the House of Representatives f delegation from the House that will appear at that time. said: Additional rollcall votes are expected I think we all understand that we’ve got APPOINTMENT OF ACTING throughout the afternoon as the Sen- the best health care system in the world. PRESIDENT PRO TEMPORE ate considers amendments to the De- Unlike the vast majority of Ameri- The PRESIDING OFFICER. The fense authorization bill. Yesterday, the cans, he seems pretty content with the clerk will please read a communication managers, Senators LEVIN and MCCAIN, status quo. to the Senate from the President pro asked for an 11 a.m. filing deadline for Just this week, the junior Senator tempore (Mr. BYRD). first-degree amendments. We hope this from South Carolina said that we just The assistant legislative clerk read will be accomplished with a consent need to ‘‘get out of the way and allow the following letter: agreement this morning. the market to work.’’ In other words,

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

S7809

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7810 CONGRESSIONAL RECORD — SENATE July 22, 2009 he says: Let’s do nothing. Let’s repeat lead us back to recovery, prosperity, crats in the health care debate seemed the same mistakes of the past and dig and good health. to echo yesterday when he said that ourselves deeper and deeper into this f the critical test isn’t whether we meet hole the Obama administration inher- a certain deadline but whether we get RECOGNITION OF THE MINORITY ited. this reform right, whether it stands the LEADER That is not responsible and is not test of history. legislating. That approach does noth- The ACTING PRESIDENT pro tem- We know Americans reject an artifi- ing to help the millions of Americans pore. The Republican leader is recog- cial deadline on closing Guantanamo who live just one accident, one illness, nized. without a plan on what to do to keep or one pink slip away from losing their f us safe from the detainees who are health coverage. That posture cer- HEALTH CARE WEEK VII, DAY II housed there. And they regret accept- tainly does nothing to help the mil- ing a rushed and artificial deadline on lions of Americans who have no health Mr. MCCONNELL. Mr. President, yes- the stimulus. Health care is simply too insurance to begin with. If we just get terday, the President, to his credit, ac- important to rush, just to meet a date out of the way, as the Senator sug- knowledged what the American people someone picked out of the air. gests, health care costs will get higher have been telling us for weeks: that the The arguments we have heard in and more people who have health care Democratic health care proposals cur- favor of rushing just don’t square with this year will not be able to say the rently making their way through Con- reality. same next year. Today, 14,000 people in gress aren’t where they need to be. I The administration and some in Con- America will lose their health insur- couldn’t agree with him more. gress say that we have to pass these ance. Yesterday, 14,000 people already All of us recognize the need for re- bills right away because rising health lost their health insurance. Tomorrow, form. That is not in question. And that care costs are an imminent threat to 14,000 people will lose their health in- is why day after day, I have come to the economy. Yet the Democrat plans surance. No weekends off, no holi- the floor of the Senate and proposed we have seen so far would make the days—14,000, 7 days a week. concrete, commonsense reforms that problem worse. According to the inde- If we let the market work its will, as all of us can agree on, reforms that pendent Congressional Budget Office, the Senator suggests, less than a dec- would increase access, decrease costs, the Democrat proposals would very ade from now you will have to spend al- and guarantee that no one in this coun- likely increase overall health care most half of the family’s income on try would be forced to give up the care spending, not reduce it. There goes health care. That is not sustainable. If they currently have. that argument. we sit this one out, as the Senator sug- As I have said repeatedly, we should Others say we need to pass these bills gests, more parents will decide they reform malpractice laws; encourage right away because people can’t live can’t take their children to the doctor wellness and prevention programs that under the current system a day longer. when they are hurt or sick because it encourage healthier lifestyles like Yet many of the proposals we have simply costs too much to pay the med- quitting smoking and fighting obesity; seen wouldn’t even go into effect for at ical bills, and more small businesses promote more competition in the pri- least another four years. There goes will lay off more of their workers be- vate insurance market; and address the that argument. cause it simply costs too much to give needs of small businesses in a way that Some say that under the proposals them health coverage. If, as the Sen- doesn’t kill jobs in the middle of a re- we have seen Americans won’t lose the ator suggests, we do nothing, we will cession. coverage they have. Yet independent keep our economy from recovering, Unfortunately, the administration studies show that millions would be keep businesses from growing, and seems bent on its own proposal for a pushed off plans they currently have keep families from getting the doctor government-driven plan that costs tril- and like. There goes that argument visits and medicine they need to stay lions of dollars and asks small busi- too. healthy. Allowing the market to work nesses and seniors to pay for it. The only possible explanation for is code for letting the greedy insurance Once this plan is implemented, the passing a bill in 2 weeks that could companies, companies that care more American people could be left with a hand over one-sixth of the U.S. econ- about profits than people, continue to system that none of them would recog- omy to the government is that the deny coverage because one has a pre- nize and that most of them would re- longer this plan sits out in the open, existing condition or they have gotten gret—a system in which health care is the more Americans oppose it. Already, a little too old or maybe they have denied, delayed, and rationed, a system Americans are shocked at the idea of even changed jobs. which delivers worse care than Ameri- funding a government takeover of We have already seen what happens cans currently receive at an even high- health care on the backs of seniors when we do nothing. Over the past 8 er cost. Americans want reform. But through cuts to Medicare or through years of inaction, the costs of health they don’t want this. And they don’t taxes on small businesses in the middle care rose to record levels and the num- want either of the two proposals we of a recession. They are shocked to ber of Americans who cannot afford in- have seen so far. hear that the final proposal could force surance did the same. Right now in Ne- Both proposals could lead to a gov- taxpayers to fund abortions. They have vada, far more than 100,000 people al- ernment takeover of health care, in- serious concerns about adding to the ready lack coverage, the coverage they crease long-term health care costs, and national debt. And they are worried need to have adequate care when they cost trillions of dollars—on the backs about the prospect of being forced off get sick or hurt. We can’t afford to of seniors, small businesses, and by the plans they currently have. These treat these people in emergency rooms, adding hundreds of billions of dollars concerns are serious. They should be which is where the uninsured go for to the already-staggering national taken seriously, not brushed aside in treatment. That is the only place they debt. the service of some artificial deadline. can go in many instances. If we don’t The President has said that both of No one in Washington wants to block act, many more Nevadans will lose these bills need work. And in my view, health care reform. But many of us do their coverage and many around Amer- Democrats in Congress should listen to want to take the time that is needed to ica will also lose their coverage. the President and come up with some- deliver the kinds of reform that Ameri- There are a lot of good ideas about thing Americans really want. This may cans actually want, not a so-called re- how to fix the health care system in take time. But Americans would rather form that leads to a government take- America. At this critical time for our that we get these reforms right than over of health care that leaves people economy’s health and our citizens’ just get them written. When it comes paying more for worse care than they health, it is important we exhaustively to health care, Americans are sending currently have. determine what those changes should a clear message: slow down and get it The President was right. The pro- be. The question is not whether we right. It is a message many of us have posals we have seen are not where they should explore any of them; our job is been delivering for weeks, and it is a need to be—not even close. But that to determine which of these paths will message one of the Senate’s top Demo- does not mean reform is not possible,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7811 that reform is not coming, or that any- conceal and carry permit from their kept in his cab and showed the gun to one does not want reform. What it does home State travels to another State the perpetrator, who jumped off the mean is we need to take the time to that also allows their citizens to con- hood and ran away as soon as he saw it. get the health care reforms the Amer- ceal and carry, the visitor must comply That story, while one that may not ican people want. That is what they ex- with the restrictions of the State they make it into the crime statistics or the pect, and we should do no less. are in. newspapers, is the type of story that Mr. President, I yield the floor. This carefully tailored amendment demonstrates how my amendment will f will ensure that a State’s border is not help individuals—law-abiding individ- a limit to an individual’s fundamental uals, who travel from State to State ei- RESERVATION OF LEADER TIME right and will allow law-abiding indi- ther for work or for pleasure. The ACTING PRESIDENT pro tem- viduals to travel, without complica- So it is very straightforward. The pore. Under the previous order, the tion, throughout the 48 States that amendment, as I said, simply allows leadership time is reserved. currently permit some form of conceal those who have concealed carry per- f and carry. mits in their State of residence to be Law-abiding individuals have the able to carry firearms across State NATIONAL DEFENSE AUTHORIZA- right to self-defense, especially because lines, respectful of the laws that per- TION ACT FOR FISCAL YEAR 2010 the Supreme Court has consistently tain in each of the individual States. The ACTING PRESIDENT pro tem- found that police have no constitu- So it is not, as some have suggested, pore. Under the previous order, the tional obligation to protect individuals a preemption of State laws. There are a Senate will resume consideration of S. from other individuals. couple States where their individuals 1390, which the clerk will report. The Seventh Circuit explained this are precluded from having concealed The assistant legislative clerk read most simply in their 1982 Bowers v. carry, and in those States this amend- as follows: DeVito decision where they said: ment would not apply. Obviously, we A bill (S. 1390) to authorize appropriations [T]here is no Constitutional right to be are, as I said before, very respectful of for fiscal year 2010 for military activities of protected by the state against being mur- States rights and State laws that have the Department of Defense, for military con- dered by criminals or madmen. been enacted with regard to this par- struction, and for defense activities of the Responsible gun ownership by law- ticular issue. Department of Energy, to prescribe military abiding individuals, however, provides But I might say, too, in my State of personnel strengths for such fiscal year, and South Dakota, we have a national reci- for other purposes. a constitutional means by which individuals may do so, and responsible con- procity understanding, national reci- Pending: ceal and carry holders have repeatedly procity concealed carry understanding, Thune amendment No. 1618, to amend proven they are effective in protecting with all the other States in the coun- chapter 44 of title 18, United States Code, to themselves and those around them. try. So of the other 47 States where allow citizens who have concealed carry per- Reliable, empirical research shows concealed carry is allowed, any of the mits from the State in which they reside to carry concealed firearms in another State that States with concealed carry laws residents of those States who have con- that grants concealed carry permits, if the enjoy significantly lower crime and cealed carry permits can carry in the individual complies with the laws of the violent crime rates than those States State of South Dakota. There are 10 State. that do not. other States that also fit into that cat- Brownback amendment No. 1597, to express For example, for every year a State egory. the sense of the Senate that the Secretary of has a concealed carry law, the murder I believe if we check the records and State should redesignate North Korea as a rate declines by 3 percent, rape by 2 look at the data, it is pretty clear the state sponsor of terrorism. percent, and robberies by over 2 per- States that have enacted national con- AMENDMENT NO. 1618 cent. cealed carry reciprocity agreements The ACTING PRESIDENT pro tem- Additionally, research shows that have not seen, as has been suggested by pore. The time until noon will be ‘‘minorities and women tend to be the opponents of this amendment, any in- equally divided and controlled between ones with the most to gain from being crease in crime rates. the Senator from South Dakota, Mr. allowed to protect themselves.’’ I believe this is something that is THUNE, and the Senator from Illinois, The benefits of conceal and carry ex- consistent with the constitutional Mr. DURBIN, or their designees on tend to more than just the individuals right that citizens in this country have amendment No. 1618, offered by the who actually carry the firearms. Since to keep and bear firearms. We have, as Senator from South Dakota. criminals are unable to tell who is and I said, 48 States currently today that The Senator from South Dakota is who is not carrying a firearm just by have some form of concealed carry law recognized. looking at a potential victim, they are that allows their individuals in their Mr. THUNE. Mr. President, amend- less likely to commit a crime when States, residents of their States, to ment No. 1618 is a very simple amend- they fear they may come in direct con- carry. This simply extends that con- ment. It is tailored to allow individuals tact with an individual who is armed. stitutional right across State lines, to protect themselves while at the This deterrent is so strong that a De- recognizing that the right to defend same time protecting States rights. partment of Justice study found that oneself and the right to exercise that My amendment would allow an indi- 40 percent of felons had not committed basic second amendment constitu- vidual to carry a concealed firearm crimes because they feared the pro- tional right does not end at State bor- across State lines if they either have a spective victims were armed. Addition- ders or State lines. valid permit or if, under their State of ally, research shows that when unre- So, Mr. President, I hope my col- residence, they are legally entitled to stricted conceal and carry laws are leagues in the Senate will adopt this do so. passed, not only does it benefit those amendment. I think it is a common- My amendment does not create a na- who are armed, but it also benefits oth- sense approach to allowing more people tional concealed carry permit system ers around them such as children. In across this country to have the oppor- or standard. My amendment does not addition to the empirical evidence, tunity to protect themselves when allow individuals to conceal and carry there are anecdotal stories as well. they are threatened. As I said before, within States that do not allow their A truckdriver from Onida, SD—a the statistics bear out the fact that own citizens to do so. My amendment long-haul trucker—10 years ago, on a when that is the case, when people does not allow citizens to circumvent trip to Atlanta, stopped at a truck stop have that opportunity—States that their home State’s concealed carry per- in Georgia. He shared this story re- have enacted concealed carry laws mit laws. cently. It is a more dated story. But a have seen actually crime rates, par- If an individual is currently prohib- strange man suddenly jumped on the ticularly violent crime rates, go down. ited from possessing a firearm under hood of his truck, showed a gun, and Mr. President, I reserve the remain- Federal law, my amendment would started demanding all the cash this der of my time. continue to prohibit them from doing truckdriver had. Working on instinct, The ACTING PRESIDENT pro tem- so. When an individual with a valid he pulled out the firearm he always pore. The Senator from Illinois.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7812 CONGRESSIONAL RECORD — SENATE July 22, 2009 Mr. DURBIN. Mr. President, I rise in of States will not allow you to if you the permit and no review—virtually no opposition to the Thune amendment. are an abuser of alcohol, if you have review when it comes to the people who The Senator from South Dakota tells been convicted of certain misdemeanor end up with the permits—and that per- us this is a very simple amendment. He crimes or if you have not completed a son can travel to another State which tells us his amendment is consistent training course to show you know how has established standards for the safety with self-defense and the reduction of to use a gun. The States have estab- of their own citizens and under the crime. lished that standard. If you want to go Thune amendment legally carry a gun. What the Senator from South Dakota ‘‘packin’ ’’ in these States, you better If the Thune amendment is enacted, cannot explain is why 400 mayors, the not be a habitual drunkard; you better States with carefully crafted concealed International Association of Chiefs of not be in a position where you have carry laws must allow concealed carry Police, the Major Cities Police Chiefs committed these misdemeanor crimes, by out-of-State visitors who may not Association, and the bipartisan asso- and you have to prove by test and meet their own State’s standards, who ciation known as State Legislators sometimes on the range that you can may even have sexual battery, child Against Illegal Guns oppose this so- safely use this gun that you want to abuse, or manslaughter convictions. called very simple amendment. carry. Is that going to make us safer? Do we Here is why they oppose it. The In Iowa, you cannot have a permit to want in my State—well, Illinois would Thune amendment provides that if a carry a weapon if you are addicted to be an exception because we do not have State gives a person a permit to carry alcohol or if you have a history of re- a concealed carry law. We are one of concealed weapons, then that person is peated acts of violence. two States that do not. But for the free to carry concealed weapons in 47 In Pennsylvania, individuals con- other 48 States, do we want people other States and the District of Colum- victed of certain misdemeanor crimes, traveling across the border who do not bia. Those other States would be re- such as impersonating a police officer, meet the basic requirements of know- quired to let this visitor carry a con- cannot have a concealed carry permit. ing how to use a firearm, who do not cealed loaded weapon in their State, In South Carolina, any person who is meet the basic requirements in terms even if their laws in that State would a member of a subversive organization of their own criminal background? Is it not currently allow that person to or a habitual drunkard cannot carry a so important that everybody carry a carry a gun. handgun. gun everywhere or do we want to re- Let’s be clear about the effect of this In California, you cannot carry a spect States rights—States rights to amendment. There are 36 States with firearm for 10 years after being con- determine what is safe in their own laws governing who can carry convicted of misdemeanors, including as- State? Why would we want to override cealed weapons, including which out- sault, battery, stalking, threatening a some States’ standards to allow ques- of-State permits that State will accept, judge, victim, or witness. tionable concealed carry permit hold- if any. The States already have laws. Other States, in contrast, have mini- ers from States with lower standards Under the Thune amendment, those mal or no concealed carry standards or virtually no standards? laws can be ignored. So if the Thune beyond the baseline of the Federal law It is not necessary for us to adopt amendment becomes law, people who which applies to all States. this amendment to give individual are currently prohibited from carrying For example, a number of States, in- States the ability to recognize each concealed guns in those 36 States are cluding Georgia, do not require any other’s concealed carry permits. The free to do so. firearms training for a concealed carry Senator from South Dakota has said It is absurd that we are considering permit. In 2008, a spokesman for the his State welcomes all people who have this amendment today. We know noth- Georgia Bureau of Investigation told a concealed carry permits. But that was ing about the impact this amendment newspaper: ‘‘A blind person can get a their decision. They made that decision is actually going to have across Amer- permit in Georgia since all you have to in their State. States are free to form ica. How many Senators from the 36 do is pass a background check.’’ concealed carry reciprocity agreements States that already have laws gov- Two States—Alaska and Vermont— with other States. Twelve States have erning concealed carry have had a do not even require a permit to carry a already decided to honor conceal and chance to talk to their State law en- concealed weapon. Those States let carry permits issued by every other forcement officials about this amend- anyone carry a concealed weapon. State, obviously including South Da- ment and what it means? Under the Thune amendment, people kota. However, 25 other States look Apparently, those who support this from those States—with virtually no carefully at each of the other States amendment want to move it very standards for concealed carry or no re- and make this decision selectively. quickly. We scheduled a hearing—it is quirement to prove they know how to They have decided that some States supposed to take place tomorrow—on use a gun—those people could visit have acceptable standards and some do this amendment before the Senate Ju- States where they have established not. Eleven States and the District of diciary Subcommittee on Crime. But standards for the safety of their resi- Columbia have chosen not to grant the Senator from South Dakota did not dents and under the Thune amendment concealed carry reciprocity to any want to wait for a hearing before the legally carry a gun. other State. They want their own laws committee. He has asked the Senate to In other words, the visitors can ig- to govern the protection of their own take up this measure today before the nore the law of the State—a law the people. hearing date. elected representatives of the people in The Thune amendment is a direct as- Here are some of the reasons this that State have enacted. Some States sault on those States that have chosen amendment is so troubling. As my col- do little oversight on the concealed not to allow reciprocity. They are Cali- leagues know, we have a federalist sys- carry permits they have issued. In the fornia, Connecticut, Hawaii, Iowa, tem—a government in Washington, a year 2007, the South Florida Sun Sen- Maryland, Massachusetts, Nebraska, national government, and in each tinel newspaper found that 1,400 people New Jersey, New York, Oregon, and State and the District of Columbia in Florida had active concealed carry Rhode Island. Over all, the Thune State government and local control. licenses even though they had received amendment would override the selec- States have adopted different stand- sentences—criminal sentences—for tive reciprocity or no reciprocity laws ards in their State with regard to who major crimes, including assault, sexual of each of the 36 States I have men- the State will permit to carry con- battery, child abuse, and man- tioned. cealed weapons. Each State has consid- slaughter. There are good reasons a State might ered this issue and decided what is safe So even in the States where they want to be careful with who they allow for their residents. Elected representa- have established standards for con- to carry concealed weapons within tives, elected by the people, have made cealed carry, many of them are not their borders. Let me give some exam- that decision State by State. keeping an eye on them. There is no ples of what has happened with con- Some States have very rigorous oversight. As a consequence, people cealed carry. Washington State resi- standards. If you want to carry a con- may be legally carrying in one State dent Clinton Granger obtained a concealed weapon, for example, a number which has lax standards in obtaining cealed carry permit despite his history

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7813 of drug addiction and schizophrenia. In to decide who it will permit to carry ported because no shots are ever fired. May of 2008, Granger was in a fight at concealed weapons within their bor- There are lots of examples, and I have a public festival, fired a shot that hit ders. a list of them here I could go through one person in the face, the second per- This is not a good amendment. Amer- anecdotally too. These are those that son in the wrist, and then lodged in a ica won’t be safer if the Thune amend- have been recorded by the press where third person’s leg. ment passes. It has not gone through a actually the defensive use by a firearm, Cincinnati resident Geraldine hearing in the Senate. The Senator de- someone with a concealed carry per- Beasley obtained an Ohio concealed cided to call it up the day before that mit, has actually helped prevent carry permit, even though she had been hearing was set. It guts State laws in crimes. There are countless examples previously fined for unlawful transpor- 36 States. It will leave law enforcement of those that have been documented tation of a firearm. In August 2007 she with no knowledge of who is carrying and reported by the press, not to men- shot and killed a panhandler who asked concealed weapons in their State. It tion, as I said, the estimated 2.5 mil- her for 25 cents at a gas station. puts guns in the hands of dangerous lion defensive uses of firearms in the In Moscow, ID, resident and Aryan people who could easily misuse them. United States each year. Nation member Jason Kenneth Ham- This amendment is opposed by law There are estimated to be about 5 ilton was given a concealed carry per- enforcement organizations, mayors, million concealed carry permit holders mit even though he had a domestic vio- and State elected officials. I have rein the United States today. Assuming lence conviction. In May 2007, Ham- ceived letters in opposition to what that every instance reported by gun ilton went on a shooting spree, killing Senator THUNE calls a very simple control groups of improper firearm use his wife, a police officer, and a church amendment from the International As- by individuals with a concealed carry sexton, and wounding three others. sociation of Chiefs of Police, the Major permit is true—something that can be According to the Violence Policy Cities Police Chief Association, the debated, but assuming that it is true— Center, from May 2007 to April 2009, at U.S. Conference of Mayors, a coalition over an entire year, for over 142,857 per- least seven law enforcement officers of 400 mayors called Mayors Against Il- mit holders, there would be one—one— were shot and killed by concealed carry legal Guns, Chicago Mayor Richard improper use of a firearm. permit holders—these are law enforce- Daley, a group of State attorneys gen- Put another way, concealed carry ment officers—and concealed carry eral, including my own Lisa Madigan, permit holders would be 15 times less— holders were charged in the shooting the bipartisan Association of State 15 times less—likely than the rest of deaths of at least 43 private citizens Legislators Against Illegal Guns, and the public to commit murder. during that time. many others. There are some States—and some In light of incidents such as these, it The amendment has been criticized large States, frankly—that have issued is perfectly reasonable for States to de- in many newspapers, including USA concealed carry permits, and probably cide what the standards will be for con- Today, the Miami Herald, the Philadel- one of the largest States is the State of cealed carry. The Thune amendment phia Enquirer, the New York Times, Florida. They have had a concealed would override this authority of the the Washington Post, and Baltimore carry permit law in effect in the State States and basically say that visitors Sun. of Florida going back to 1987. Yet if from States with a concealed carry law This amendment should be defeated. you look at the 1.57 million concealed don’t have to meet the State’s stand- I urge my colleagues to reject it. carry permits that people have in the ards where they are visiting. The ACTING PRESIDENT pro tem- State of Florida, there have only been The Thune amendment is troubling pore. The Senator from South Dakota 167 of those revoked. That is less than because it leaves law enforcement is recognized. one-tenth of 1 percent. agencies in the dark about the con- Mr. THUNE. Mr. President, let me, if As of 2008, Utah, which allows both cealed carry population in their own I might, point out some of the statis- residents and nonresidents to acquire area. In many States, law enforcement tics, and I will also add in response to concealed carry permits, had 134,398 ac- plays a key gatekeeper role, an over- the comments of my colleague from Il- tive concealed handgun permits. Over sight role on the concealed carry popu- linois that the amendment was not ap- the past year they have had 12 revoca- lation. Under the Thune amendment, plied to the District of Columbia. tions or .009 percent because of some that is impossible. The first person who With respect to the issue of fed- type of violent crime, but none of those drives in out of State under the Thune eralism, I think it is important to note crimes, incidentally, involved the use amendment may carry a gun and the that back in 2003, there were 70 cospon- of a gun. During the 1990s and through law enforcement officials wouldn’t sors in the Senate for a piece of legisla- the decade of 2000 so far, independent even have knowledge of it. tion that allowed retired law enforce- researchers have found 11 cases where a When you look at the Thune amendment and current law enforcement offi- permit holder committed murder with ment, along with the amendment of- cers to carry across State lines—obvi- a gun. fered earlier this year by Senator EN- ously an infringement on this notion of I would simply point out to my col- SIGN that repeals the DC government’s federalism that the Senator from Illi- leagues that the points that are being local gun laws, we see a disturbing nois has raised. made by the Senator from Illinois are trend. We see Members from that side I also would point out that we do largely speculative. If you go back to of the aisle leading an organized effort know the impact. The Senator from Il- 1991, the number of privately owned to strip State and local governments of linois said we don’t know what the im- guns has risen by about 90 million to their ability to keep their own commu- pact of this is going to be. Any sugges- an all-time high. Over that same time- nities safe. There is no justification for tion about what impacts could occur frame, the Nation’s murder rate has de- this. The Supreme Court’s decision in are very hypothetical. What we do creased 46 percent to a 43-year low, and Heller made it clear that although the know is that there are a number of the total violent crime rate has de- second amendment right is to be re- States that have already enacted na- creased 41 percent to a 35-year low. spected in terms of the rights of indi- tional concealed carry reciprocity This at a time—as I said, since 1991, the viduals, there was still authority to agreements. In those States, we also number of privately owned guns has in- deal with this issue of concealed carry. know what the impacts have been. The creased by about 90 million to an all- Justice Scalia in the Heller opinion impacts have been that clearly there time high. Also, as I said before, the specifically discussed the lawfulness of has been less crime rather than more. number of permits that are issued prohibitions on carrying concealed Studies have shown that there is across the country is about 5 million weapons. more defensive gun use by victims than nationally. My State of South Dakota Congress should not require one there are crimes committed with fire- has about 47,000, but it is a small per- State’s laws to trump another’s. New arms in this country. In fact, research- centage of the overall number of Amer- York should not have to let visitors on ers have estimated that there are as icans who actually could access or its city streets be governed by the laws many as 2.5 million defensive uses of could get a concealed carry permit who of Alaska when it comes to carrying firearms in the United States each do it. Most of them have a reason for guns, and it should be up to the State year, though a lot of those go unre- doing it. Most of them are going to be

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7814 CONGRESSIONAL RECORD — SENATE July 22, 2009 people such as truckdrivers who are make decisions and pass reasonable enabling anyone with an out-of-State per- going across State lines such as the ex- constitutional safety standards based mit, including gun traffickers, to carry mul- ample I mentioned. There are lots of on their public safety requirements, tiple handguns wherever they go. New York people who travel. traditions, population, crime rates, and City’s strict requirements as to who can carry a concealed weapon have contributed For example, as another case in geography. to the city’s unparalleled public safety. Our point, I have two daughters who are in It is wrong for the Federal Govern- effort, indeed our entire mission, would be college. My oldest one will graduate ment to overrule a State’s ability to severely undercut by this bill. In a city next year. Currently she is in the safe enact reasonable, constitutional gun where 90 percent of all guns used in crimes confines of a college campus, but she laws designed to prevent alcoholics, come from out of State, it is easy to see how attends college several States away criminals, domestic abusers, those with S. 845 would pose a danger to New Yorkers by from our State of South Dakota. When documented grave mental illness, and greatly increasing the availability of illegal she is out of college next year, I fully other potentially violent and dan- handguns for purchase. expect—and we have discussed this— gerous people from carrying guns in In 2008, New York had the lowest that she may get a concealed carry per- our cities. crime rate of the 25 largest cities in the mit in the State in which she resides, In fact, Senator THUNE’s amendment country, and of the 261 cities with more to have a firearm in order to protect creates a double standard in recogni- than 100,000 residents, New York’s herself, because I think a lot of single tion of States rights with regard to crime rate ranked 246th. women in this country do, particularly conceal and carry laws. By allowing ex- Mayor Michael Bloomberg attributed those who live in large cities and she emptions, this amendment validates this success to ‘‘using innovative polic- would be living in a large city. When the laws of States that ban concealed ing strategies and a focus on keeping she comes home to South Dakota she, weapons but then strikes down the guns out of the hands of criminals.’’ of course, traverses several States and laws of a State such as New York that This week, the Washington Post during the course of that, she crosses maintains basic safety standards for cited similar success at reducing crime two States where it would be illegal to concealed carry permits. At a min- in big cities across the country, stating have a firearm in her possession in her imum, New York should be allowed to that New York, Washington, DC, and car to protect her as she travels those opt out and have an exemption. Los Angeles are on track for fewer vast distances across several States. This legislation would eviscerate killings this year than in the last four There are lots of examples I think of concealed carry permitting standards, decades. This is part of a larger trend people—law-abiding citizens—who, for moving to a new national lowest com- in many big cities across the country. Local and State elected officials and purposes of self-defense, simply want mon denominator. This bill would even law enforcement officers across the the opportunity to, in a legal way, allow individuals ineligible to obtain a country, such as the International As- transport that firearm and they have permit in their own State the means to sociation of Chiefs of Police and Major concealed carry permits. They have shop around for a lower standard in Cities Chiefs Association, are speaking gone through their State’s background other States that offer permits to out- out in opposition to this amendment. check—and by the way, all but three of-State residents, undercutting laws Mayors Against Illegal Guns, a bipar- States that issue concealed carry per- that would otherwise render the appli- tisan coalition of more than 450 may- mits require background checks, so it cant ineligible. ors—including of New York City, Al- is the same thing you would go through A study by the Brady Center to Pre- bany, Binghamton, Buffalo, Rochester, in order to buy a firearm. vent Gun Violence using FBI crime sta- and Syracuse—representing more than So the suggestion that all of these tistics demonstrates that relaxing con- 56 million Americans, has stated a people are going to be able to get fire- ceal and carry laws may have an ad- strong opposition to this amendment. arms: The Federal law prevents some verse effect on a State’s crime rate. Be- I stand here today with law enforce- of the very examples the Senator from tween 1992 and 1998, the violent crime ment and these cities and States across Illinois mentioned from having access rate in States which kept strict con- this country. They know what is best to firearms in the first place. Of course, ceal and carry laws fell by an average in keeping their communities safe. the background checks, with the excep- of 30 percent, whereas violent crime Commonsense gun laws focused on tion of those three States—as a prac- rates dropped by only 15 percent in training, and keeping guns out of the tical matter those three States, which States with weak conceal and carry hands of criminals and other dangerous are New Hampshire, Rhode Island, and laws. people, are reducing crime, and we Delaware, also go through the back- A second concern is a lack of accept- should be supporting their efforts, not ground checks. They don’t have it as a able safety standards in all States. Ac- gutting such basic safety standards. requirement to get a conceal and carry cording to the Washington Post, in at I strongly believe in our Constitution permit. But background checks are least two-thirds of all States some and the second amendment and Ameri- going to be conducted. You are going form of safety training is required in cans’ right to defend themselves, but I to find out if there is criminal behavior order to receive a permit. Abusers of also strongly support the States’ and in the background, mental illness, all alcohol are prohibited from getting a cities’ right to provide basic constitu- of those things which under Federal permit. Those convicted of certain mis- tional and reasonable regulation of law would prevent that person from demeanors are prohibited. firearms. possessing a firearm in the first place. In many States, statutory require- I urge my colleagues in the Senate to I reserve the balance of my time. The ments are minimal and do not go much stand up for our local communities and Senator from Louisiana is here and I beyond the Federal Brady law require- the commonsense gun safety laws. assume the Presiding Officer will rec- ments for purchasing firearms, mean- The ACTING PRESIDENT pro tem- ognize the other side. ing that some people get conceal and pore. Who yields time? Mr. DURBIN. Mr. President, I yield 6 carry permits despite criminal convic- Mr. THUNE. Mr. President, I yield to minutes to the Senator from New tions for violent or drug-related mis- the Senator from Louisiana such time York. demeanors, assault, or even stalking. as he may consume. The ACTING PRESIDENT pro tem- It is not completely evident what a The ACTING PRESIDENT pro tempore. The Senator from New York is national overrule of State concealed pore. The Senator from Louisiana is recognized. carry laws might do to local crime recognized. Mrs. GILLIBRAND. Mr. President, numbers, but trends in national crime Mr. VITTER. Mr. President, I rise in some would suggest that a permit to suggest that State and local govern- strong support of amendment No. 1618. conceal a gun in one State should pro- ments understand what works in pro- I am a proud cosponsor of this vide authority for a legal and valid tecting their citizens. amendment, along with dozens of other concealment in another State. I I spoke with our NYPD Commis- Senators on a bipartisan basis. I urge strongly believe that what gun laws sioner Ray Kelly, who said: all of my colleagues to support this are right for New York are not nec- The Thune amendment would invite chaos amendment. essarily right for South Dakota and in our cities and put the lives of both police The second amendment is a valued vice versa. States should be able to officers and members of the public at risk by constitutional right. Thank God, the

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7815 courts, particularly in recent years, allow the practice. Some States, such violent crime by this but in fact show have expressly recognized that. Of as Illinois and Wisconsin, fall into that crimes prevented and deterred by con- course, the Supreme Court, in the land- category. We do not mandate a concealed carry, I urge all of my col- mark Heller decision, ruled that ‘‘the cealed carry right in those States. In leagues to support this important reci- individual right to possess and carry addition, our amendment does not es- procity amendment. weapons in case of confrontation’’ is a tablish national standards for con- Groups around the country who re- protected fundamental constitutional cealed carry. It does not provide a na- spect the second amendment and find right. Even the very liberal Ninth Cir- tional concealed carry permit. It sim- that a fundamental and important cuit Court, based in California, ruled ply allows citizens who are able to right are certainly supporting this that the second amendment right to carry in their home States to also amendment. The National Rifle Asso- keep and bear arms is ‘‘deeply rooted carry in other States, but only if those ciation, NRA, is a strong supporter of in this Nation’s history and tradition’’ other States have concealed carry per- this amendment. I thank them for that and has long been regarded as the mits. and for their leadership. They are also ‘‘true palladium of liberty.’’ That court We also respect the law of those specifically scoring this amendment in also wrote that ‘‘nothing less than the other States, in terms of where guns terms of Member votes. Gun Owners of security of the nation—a defense can be carried and where they cannot America, another leading gun rights against both external and internal be carried. So we explicitly respect second amendment group, is a strong threats—rests on the provision [second that State law by requiring that State supporter of this amendment and is amendment].’’ laws concerning specific times and lo- specifically pushing for passage and That is why this amendment is a fun- cations in which firearms may not be scoring Members’ votes. The Owner-Op- damental right. What does that mean carried must be followed by the vis- erator Independent Drivers Associa- in everyday terms? It means the abil- iting individual, and that is very im- tion, the Passenger-Cargo Security ity of citizens, particularly those more portant. Group, and many other groups around vulnerable in our society, such as Finally, we absolutely protect and the country are strong supporters of women, to protect themselves, people enshrine current Federal law, in terms this amendment, because the second such as Sue Fontenot in Louisiana, of background checks and people with amendment is a fundamental right be- who told me: criminal problems or mental problem, cause concealed carry does work, be- When my family and I go out at night, it who cannot carry guns. If an individual cause it prevents crimes and deters makes me feel safer just knowing I am able is prohibited by current Federal law crime and doesn’t significantly add, in to have my concealed weapon. from carrying a firearm, we absolutely any meaningful way, to the crime prob- It is personal safety and security. It protect and enshrine that. Let me say lem. is a fundamental ability to protect that again. If under current Federal Again, like with a lot of gun control one’s self, one’s family, and one’s prop- law an individual is prohibited from debates, this comes down to a pretty erty. So if that is a fundamental right, carrying a gun, that is fully protected. fundamental question: Do you think and if we have reasonable laws and rea- At the end of the day, this is, again, the big problem with regard to violent sonable permitting processes, why a fundamental debate about what is crime is the law-abiding citizen, the shouldn’t Sue Fontenot have that free- the problem in terms of violent crime? one who takes the time and goes to the dom, right, and security when she vis- Is the problem law-abiding citizens who trouble of filling out the forms and fol- its other States, which also allow con- follow the law, who take all of the time lowing all the rules for concealed cealed carry? and all of the trouble needed to get carry? I don’t. Or do you think the fun- This isn’t just anecdotal quotes, this concealed carry permits, go through damental problem—99.99 percent of the is also backed up by criminological background checks, fill out forms, and problem—is the criminal who doesn’t studies. Studying crime trends around do everything that is required by their respect that law, because he doesn’t the country in the United States, John home States? Is that class of people the even respect laws against murder, Lott and David Mustard concluded: fundamental cause of violent crime or armed robbery, and other violent Allowing citizens to carry concealed weap- is the dominant, 99.9 percent funda- crimes? That is the problem. Common- ons deters violent crimes. . . . When State mental problem in the violent crime sense Americans know that. concealed hand gun laws went into effect in This amendment will protect law- arena people who don’t follow the law, a county, murders fell by 8.5 percent and abiding citizens and provide another ef- who ignore the law, who ignore a con- rapes and aggravated assaults fell by 5 and 7 fective and important tool against cealed carry law, ignore those require- percent. those criminals who are the problem. In the 1990s, Gary Kleck and Marc ments, as well as every other law on I yield the floor. Gertz found guns were used for self-pro- the books—unfortunately, including Mr. DURBIN. Mr. President, how tection about 2.5 million times annu- laws against murder and armed rob- much time remains? ally. That number, of course, dwarfs bery and other violent crime? The ACTING PRESIDENT pro tem- these tiny numbers and anecdotal evi- Clearly, in the minds of common- pore. The Senator from Illinois has 47 dence of limited, very tiny numbers of sense Americans, it is the latter cat- minutes 34 seconds. improper use of guns by folks with con- egory of folks that is the problem, not Mr. DURBIN. I yield 10 minutes to cealed carry permits. the former. The statistics and the evi- Senator SCHUMER from New York. Responding to the Kleck and Gertz dence and the history bear that out. So The ACTING PRESIDENT pro tem- study, the late Marvin Wolfgang, self- concealed carry is a useful and essen- pore. The Senator from New York is described ‘‘as strong a gun control ad- tial tool for law-abiding citizens to be recognized. vocate as can be found among crimi- able to protect themselves and stop Mr. SCHUMER. Mr. President, I nologists in this country,’’ said he and deter violent crime. It is not any thank all my colleagues who are work- agreed with the methodology of the significant source of violent crime ing with us on this amendment. The study. whatsoever. We have the numbers that Senator from California, who will Our amendment will simply allow bear that out. We have some States speak after me, has been such a leader law-abiding Americans to exercise that allow reciprocity now. Ten States on these issues. She and I were com- their fundamental right to self-defense, now allow reciprocity under their menting that this is probably the most by using the full faith and credit clause State law. dangerous piece of legislation to the of our U.S. Constitution. Have they seen incidents of problems safety of Americans when it comes to As we do this, as we protect that fun- with concealed carry permits from guns since the repeal of the assault damental individual right, we also pro- other States? No. Have they seen weapons ban, which she led the charge tect States rights. I think it is very spikes in violent crime because of this on to pass. I thank my colleague from important to address some of the argu- reciprocity? No. Again, because this is New Jersey, Senator LAUTENBERG, who ments with regard to States rights that a fundamental right, and because it has been a leader on gun issues and has have been made by the other side. goes to people’s security, because done such a great job; also, Senator We do not mandate the right to con- criminological and other studies are on MENENDEZ, Senator GILLIBRAND, Sen- cealed carry in any State that does not our side and don’t show any spike in ator DURBIN, and so many others who

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7816 CONGRESSIONAL RECORD — SENATE July 22, 2009 are working with us today on this person has a gun in his car and has the any balancing test that makes sense, it issue. right to carry a gun in his car. It is im- is the one of allowing each State to Today we are here to urge all our col- possible to do in our larger urban come up with its concealed carry law. leagues to oppose this legislation. The areas. I don’t think this is an amendment of legislation would do nothing less than For that reason, each State has care- which anyone can be proud. I undertake State and local gun laws and tear fully crafted its concealed carry laws stand the power of the gun lobby. I un- them up. It would take the carefully in a way that makes the most sense to derstand we have different beliefs and crafted gun laws in New York and tear protect its citizens. Clearly, large represent different States. But we are them up. It would do the same in 47 urban areas, such as New York, merit not trying to say what South Dakota other States. different standards than rural areas, should do. Why should South Dakota The great irony of this amendment is such as Wyoming. To gut the ability of say what New York or California that the pro-gun lobby has always said: local police and sheriffs to determine should do? Let the States decide. Now they are who should be able to carry a concealed When I spoke—and I have great re- doing a 180-degree turn and saying: Let weapon makes no sense. It could respect for the sponsor of this amend- the Federal Government decide and im- verse the dramatic success we have had ment—when we were speaking in the pose the lowest common denominator, in reducing crime in most parts of gym yesterday morning, he said one of when it comes to carrying concealed America. the problems he hears about in his weapons, on all the States, except Illi- That is one point I wish to stress. area—and I understand it—is a truck- nois and Wisconsin which do not have One of the things I am proudest of, driver in the cab of his truck carries a any carry laws. what our government has done over the gun and is allowed to carry a gun. Why We know the gun lobby is strong. We last 20 years—Federal, State, local—is should that truckdriver, when he know there are many Members on both greatly reduce crime. My city of New crosses State lines, goes from South sides of the aisle who believe strongly York gained 1 million people, I think, Dakota to North Dakota, be limited? I in an individual’s right to carry arms. in large part because people were no can understand that argument. But But this legislation goes way beyond longer afraid to come and live in New this amendment goes way beyond that. the previous pro-gun laws we have York. If you ask the experts—not me, It doesn’t talk about one weapon. It voted on this session. It is a bridge too not Senator THUNE, not any of us who doesn’t talk about a person who has far. It threatens the safety of millions have political beliefs that might dif- been granted a license because he needs of Americans, particularly in urban fer—ask the police experts: What is one it for protection as he commerces and suburban areas. It directly threat- of the top reasons we have been able to across State lines. It is unlimited based ens the safety of millions of New York- reduce crime in our cities, it is that we on whatever the lowest common de- ers. Let me illustrate. have had reasonable laws on guns, and nominator State would do. Our neighboring State of Vermont— we have allowed our larger urban, more The PRESIDING OFFICER (Mr. it is a beautiful State; I have great re- crime-ridden areas to have stricter BEGICH). The Senator’s time has ex- spect for it and its two Senators—is a laws than our rural areas. pired. rural State. It has a strong libertarian I understand in my State of New The Senator from South Dakota. belief, and it has a very lenient con- York that guns are a way of life in Mr. THUNE. Mr. President, a couple cealed carry law. The Vermont law large parts of the State, and I respect quick observations, if I may. First, I says that if you are 16 years of age, you that. The Heller decision is a decision I need to correct for the record the State can apply for a gun license and you welcomed. I talked about the right to of South Dakota has reciprocity agree- automatically get a concealed carry bear arms in the Constitution. I be- ments with 27 States. It does not have permit and you get the gun. That is all lieved in it even before Heller. But you national reciprocity, which I think you have to do. know—and this is what I would like to gets at the very point I am making; Can you imagine if this law passed say to my friends on the other side of that is, anybody who has a concealed what would happen? Known gun run- the aisle and in the NRA—no amend- carry permit in one State is so con- ners would go to Vermont, get a gun li- ment is absolute. You are right when fused by this patchwork of laws we cense, get a concealed carry permit, you say: Why should the first, third, have that they cannot determine which and they could get 20, 30, 50 guns con- fourth, fifth, and sixth amendments be State is legal and which State is not cealed in a backpack, in a suitcase, and expanded as far as we can and the sec- legal. That is a very serious problem bring them and sell them on the streets ond amendment be seen through a pin- for people such as truckdrivers, such as of the south Bronx or central Brook- hole of militias? You are right. But individuals who want to protect them- lyn, bring them to Central Park or similarly, no amendment is absolute. selves when they travel across the Queens, and our local police would Most of my colleagues on both sides country. have their hands tied. of the aisle support laws preventing the In terms of the arguments made to One of the points I would like to spread of pornography. That is an in- individuals who have access to fire- make to my colleagues about this fringement of the first amendment but arms, the 1968 Gun Control Act pro- amendment is it endangers not only a reasonable one because there is a bal- hibits individuals from even possessing the citizenry but our police officers. ancing test. Most of my friends on both a firearm if the individual is under in- Today, at about this time, the mayor sides of the aisle would support libel dictment or convicted of a crime pun- of the city of New York and our police laws. If somebody says something very ishable by more than a year, is an un- commissioner will be speaking out defamatory about a citizen, they lawful user or addict of a controlled against this proposal. Our police com- should have the right to sue, of course. substance, has been adjudicated to be missioner is particularly upset because That is a limitation on the first mentally ill or committed involun- his job is the safety of police officers. amendment. We don’t rail against it. tarily to a mental institution, is sub- When a police officer stops someone in The concealed carry laws of the ject to a court order restraining him or a car, they now have the safety and States are reasonable limits on the sec- her from domestic violence or has been sanctity of mind to know that if that ond amendment. If you are to believe convicted of a domestic violence mis- person has a gun in their car, it has the second amendment should have no demeanor. been approved by the New York City limits, of course, you would vote for My amendment does nothing to Police Department. There are people this amendment. But then I ask you change Federal law. But if individuals who need to carry guns for self-defense the contrary question that some who are not allowed to possess a firearm, or other purposes. After this law are pro-gun ask those of us who believe they certainly are not going to be able passes, they have no such peace of in more gun control. How is it that the to conceal and carry one. mind, no such safety. Imagine you are second amendment should have no lim- I might add, with regard to the issue a police officer and you stop someone. its but the first, third, fourth, fifth, taking multiple guns in a sack and They could be from 47 different States sixth, seventh, and eighth should have transporting them, there are Federal with 47 different requirements, and you limits? Of course, if reasonable limits laws that prevent trafficking in fire- are responsible to figure out if that in a balancing test exist, and if there is arms already. We do nothing to address

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7817 that issue. What we simply do is allow enforcement authorities know you are have to have that permit in your own those law-abiding citizens who have interested in owning a gun, you go to a State and you have to go through the concealed carry permits in their home training seminar that most States rigors of getting that permit in your States and choose to defend themselves have to be able to get the permit or own State. when they travel around the country to you have to go through whatever hoops To anybody who says this makes do that. the State set up to be able to carry a America less safe or more dangerous, Florida is a case in point. Florida is weapon in a concealed fashion, that again, that just makes no sense to me. a big State that has had concealed you are probably not high on the list of Whatever gun crimes are being com- carry permits for over 20 years and has people who want to use a gun to committed out there, they are not being agreements with multiple States. mit a crime. You would be incredibly committed, as an overwhelming gen- There is no evidence whatsoever in the stupid. You are pointing out to the eral rule, by the people who have gone State of Florida that there has been whole State: Hey, I have a gun. I argue through the process of getting a permit any suggestion of increasing crime. that the people who go through the ex- and who carry a weapon. So, to me, it Rather, I suggest the opposite would ercise of getting a concealed carry per- makes sense. be true. I say to my colleague from mit are the ones you probably want to I congratulate my friend from South New York that if someone who has a have a gun because they seem to under- Dakota and tell him he has done some- concealed carry permit travels to the stand the responsibility that goes with thing I think most Americans would State of New York, and I will say any- owning it. agree with. He has allowed the Amer- body who has a concealed carry permit The idea of does this make us less ican public to be able to travel and get from the State of South Dakota goes to safe by allowing reciprocity nationwide the benefit of whatever law exists in a New York and is in Central Park, Cen- makes no sense to me. I think of all State when it comes to carrying a tral Park would be a much safer place. the people we need to worry about weapon—no more, no less. And this ar- I yield 10 minutes to the Senator committing gun crimes and violence gument that people are somehow going from South Carolina. unlawfully, the people with concealed to start carrying a weapon across the Mr. SCHUMER. Will my colleague carry permits are probably last on the border makes no sense because what- yield for a question? list. ever Federal restrictions there are on Mr. THUNE. I yielded time to the Americans do object to guns being arms trafficking still stand. Senator from South Carolina. I will be used in the commission of crimes, and At the end of the day, this legislation happy to yield for a question later on a lot of States have enhanced punish- will help people who follow the law and the time of the Senator from New ment whereby if you use a firearm in obey gun laws to travel throughout the York. the commission of a crime your incar- country without tripping themselves Mr. SCHUMER. Mr. President, I ask ceration time can go up. In other up and getting in trouble when they do unanimous consent that I be given 30 words, we want to deter people from not mean to get in trouble. If we didn’t seconds to ask the Senator a question. using a gun in the commission of a have this law, it really would be a The PRESIDING OFFICER. Is there crime, and I think most Americans mess. What we are trying to do is pro- objection? agree with those laws. I think the city vide some clarity to gun ownership in Mr. THUNE. I object, Mr. President. of Richmond was one of the first cities America. We are not enhancing the The Senator from South Carolina has in the Nation to have enhanced punish- ability to commit a crime. Quite frank- been yielded time. ment for the use of a weapon. It is true ly, I think it is the other way around; The PRESIDING OFFICER. Objec- that some people do misuse a weapon. if everybody had the same attitude tion is heard. The Senator from South Some people misuse a car. But it is a about gun ownership as people who get Carolina. fundamental right under our Constitu- a permit, the country would be okay. We are not changing any law that Mr. GRAHAM. Mr. President, I al- tion, according to our Supreme Court, regulates trafficking of firearms. We ways thought this debate kind of went to possess a gun. are not allowing criminals to get ac- down the side of liberal versus conserv- This amendment makes sense at cess to guns. We are simply allowing ative until I got to understand during every level. If I go through the process people who go through the process of the confirmation hearings of Judge of getting a concealed carry permit in getting a permit in their own State to Sotomayor that Senator FEINGOLD is South Carolina and I go to another travel to any State in the Union which probably one of the strongest gun guys State that has a similar law, I auto- has a similar law and to get the benefit in the Senate. So I have had to recali- matically get the benefit of that law— of that law. That will make life better brate where I stand on this issue in no more than that law. So I don’t know for them, it will make life better in terms of trying to pigeonhole people. what the law is about carrying a gun in terms of legal compliance, and I think The point of the amendment, No. 1, is Central Park in New York. I know this: it is a proper role for the Federal Gov- it should not be on the Defense bill. I If you have a permit to carry a gun in ernment to play. think we all agree with that. We are South Dakota or South Carolina and This amendment enhances our second talking about a Defense authorization you go to New York, you don’t have amendment rights. It doesn’t change bill to protect our troops and provide any greater rights than the people in them in a way that makes America less them the equipment they need and give New York. And I also understand that safe. It allows people who are going to them a pay raise. Now we are talking whatever Federal restrictions on gun do the right thing to be able to do the about guns and hate crimes. I don’t ownership that exist are not changed right thing with some knowledge as to know how we got here as a body, but by this. what the right thing is. we are here. So this is pretty common sense to So Senator THUNE has done the coun- If you had to pick a nongermane me. If someone goes through the proc- try a great service, and I think we will amendment to talk about that makes ess of getting a permit to carry a weap- have a big vote—I hope we will—across some sense, that most Americans, I on in their own State and they choose party lines. You don’t have to agree think, would like us to be talking to go to another State, they automati- with my right to carry a weapon law- about, it would be something funda- cally get the benefit of that State’s law fully. You may not choose that same mental to our country. I think most when it comes to concealed carry. They right for yourself. But that is kind of Americans are a little bit right to cen- do not get any more, they do not get what makes the country great—the ter on an issue such as this, for lack of any less, and it may be less than I ability for one citizen to understand a better phraseology. Most Americans would have in South Carolina. But be- that even though I wouldn’t make that believe in lawful and responsible gun cause we are a group of people who choice, as long as you make a choice ownership. Quite frankly, that is what travel around and visit among our- responsibly, I am going to allow you to this is trying to bolster. selves, this Federal legislation allows do that. That is what makes this a very I make an observation that if you us to go from one State to the next and special place. take the time to get a concealed carry get the benefit of any law that may With that, I yield the floor. permit in South Carolina or any other exist when it comes to concealed carry. The PRESIDING OFFICER. The Sen- State that allows it, you let the law But the precondition is that you would ator from Illinois.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7818 CONGRESSIONAL RECORD — SENATE July 22, 2009 Mr. DURBIN. Mr. President, how States, including those which allow mi- Service. This amendment would put in much time is remaining? nors, convicted criminals, and people jeopardy States’ assault weapons con- The PRESIDING OFFICER. Thirty- with no firearm safety training to trol laws. I don’t know whether that seven minutes 13 seconds. carry concealed weapons. Only the was intended, but this is a very broad Mr. DURBIN. Mr. President, I would time, place, and manner requirements and vague piece of legislation that is say for the record that I have many of a State would remain intact under being debated. If this amendment is more Democrats seeking time than I the Thune amendment. For example, if agreed to, I believe assault weapons have time. I wish to alert those who the State of South Carolina had a law will be brought into California and are coming to the floor that they are making it illegal to carry a weapon other border States. These weapons going to have to accept an abbreviated into an office building that was govern- could end up being smuggled into Mex- time. We did not have all the time we ment owned, that law would still be ico. hoped for this morning. I ask each of valid for all out-of-State concealed Some say, that an armed society is a my speakers to also try to abbreviate carry permit holders. However, this is polite society, and they portray con- their time in the interest of accommo- a very narrow exception. cealed weapon carriers as responsible dating their colleagues. This isn’t just bad policy, it is ex- citizens who are simply exercising I yield 15 minutes to Senator FEIN- tremely dangerous policy. The Thune their rights. Earlier this morning on STEIN and hope that she will yield back amendment is designed to undermine television, I heard a Senator say that a sizeable portion of it. the rights of States to determine their only good, responsible people have Mrs. FEINSTEIN. I rise today to own rules and regulations for concealed these permits. That simply is not true. speak in strong opposition to this weapons permits. Here we have people Let me give an example. amendment. If passed, this amendment who believe in States rights. Yet when In April, Richard Poplawski killed would require States like California to it comes to something they really three Pittsburgh police officers. He had allow people with concealed weapon want, they are willing to pounce on the right to carry a weapon in Pennsyl- permits from other States to carry a States rights and destroy them. vania even though he was the subject of a restraining order filed by an ex- concealed gun, or guns, even if they California’s standards, I admit, are girlfriend. have failed to meet California’s strin- tougher than most, but many other In March, Michael McLendon killed gent requirements for obtaining a per- States routinely deny concealed weapon permits for various reasons: 31 11 people, including the wife of a dep- mit. uty sheriff, before taking his own life Over 4 million people hold concealed States prohibit alcohol abusers from obtaining concealed carry permits; 35 following a gun battle with police in weapon permits in the United States, Alabama. He too, had a concealed so this is no minor shift in policy. In States prohibit persons convicted of misdemeanors from carrying concealed weapon permit. fact, it would be a sweeping change When I hear people on television say- with deadly consequences. weapons; 31 States require completion of gun safety programs. The Thune ing only the good people get these per- It completely undermines the rights mits, that is simply not true. In my of State government to protect public amendment obliterates all of these public safety standards. view, these unstable men should never safety. This amendment essentially have been permitted to own any weap- overturns the standards and regula- It is important to note that 12 States voluntarily honor concealed weapon on for any reason. Lastly, in February tions that many States have enacted to permits carried in any other State. An- of this year, Frank Garcia killed four prevent concealed weapons from falling other 25 States recognize permits people in a shooting rampage in up- into the wrong hands. This is not a issued by States with similar or equiv- state New York. He held a concealed philosophical debate, it is a matter of alent concealed weapon permits stand- weapon permit in that State. This life and death. ards. But 11 States, including Cali- year, too many people have been killed My home State, California, sets a fornia, choose not to recognize any by those who have the right to carry a very high bar for those who wish to ob- out-of-State permits. These States concealed weapon. We do not want tain a concealed weapon permit. It does have made a choice about what is best other State’s concealed weapons not honor permits granted elsewhere. for their citizens, and that choice permitees in the State of California. In fact, only 40,000 permits have been ought to be respected. This amendment We have 38 million people. It is a di- granted in California and we have a says that the views of California’s Gov- verse, disparate population. Guns do population of 38.2 million people. Con- ernor, sheriffs, police, and its citizens not help. I believe it is unlikely these trast that with Florida, a State of don’t matter, but the views of those men would have obtained concealed about half the size at 18 million peo- who promote guns do matter. I cannot weapon permits in my State and, can- ple—it has 580,000 permits; Georgia has accept that. didly, we want to keep it that way. 300,000 permits. Let me repeat, Cali- If this amendment were to pass, it I ask unanimous consent to have fornia, the nation’s most populace would possibly allow those with con- printed in the RECORD a letter from the State, has but 40,000 concealed carry cealed weapon permits to bring one or Governor of our State, Arnold permits. more banned assault weapons into our Schwarzenegger, who opposes this California’s strict rules ensure that State. amendment, along with 400 U.S. may- felons, the mentally ill, and people who We have consulted with the Congres- ors and the International Association have been convicted of certain mis- sional Research Service, and they state of Chiefs of Police. demeanor offenses or are considered a the following: There being no objection, the mate- threat to others are automatically dis- The amendment would appear to have a rial was ordered to be printed in the qualified. preemptive effect on State reciprocity laws RECORD, as follows: or regulations because it would appear to re- Those who do meet these qualifica- STATE CAPITOL, quire those States which have more strin- tions do not automatically receive a Sacramento, CA, July 20, 2009. gent eligibility requirements for concealed Hon. DIANNE FEINSTEIN, permit. Specifically, in order to obtain carry to recognize the permits of other U.S. Senate, Hart Senate Office Building, a concealed weapon permit in Cali- States where the eligibility requirements are Washington, DC. fornia, an applicant must, No. 1, under- less stringent. DEAR SENATOR FEINSTEIN. I am writing to It could be argued that the language of go fingerprinting and pass through a seek your assistance in protecting states’ this amendment is broad enough such that it Federal background check; No. 2, com- rights by opposing Senator Thune’s amend- would allow certain firearms that are banned plete a course of gun training; No. 3, be ment to the Concealed Carry Reciprocity from purchase or possession in one State to considered a person of good moral char- Act, which would allow people who are be brought into that State. For example, one issued concealed weapons permits in their acter by the local sheriff; and No. 4, could legally purchase, possess, and carry a home state to carry those weapons in any just as importantly, demonstrate a concealed permit for a firearm that is state. This amendment would undermine the good cause for needing a concealed banned in States like California, Con- rights and responsibilities of state govern- necticut, Hawaii, Massachusetts, New Jer- weapon permit. This gives State and ments across this nation. local authorities the discretion. sey, and New York. This is a simple question of protecting This amendment will force California That is not my statement, that is the California’s ability to determine who is al- to honor permits issued by all other opinion of the Congressional Research lowed to carry a concealed weapon within

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7819 our borders. Other states have less stringent With respect to standards of conduct, arm may be carried by a person issued a per- requirements than ours, which means that a aspects of criminality, and issues of mit by the State in which the firearm is car- permit holder who would be ineligible for a mental health, it is important to note ried. concealed weapon under California law there is a Federal floor under this I would say the better analogy at would be able to obtain a permit from an- work here is the driver’s licensing other state and, under Senator Thune’s amendment that guarantees certain amendment, still carry that weapon in Cali- standards will be met regardless of process itself. States decide the condi- fornia. varying State standards. If you read tions under which a license can be Our elected representatives—with the sup- the amendment, it states: granted, but the nature of interstate port of the majority of Californians—have A person who is not prohibited by Federal travel allows licenses issued in another set guidelines that are stricter than most law from possessing, transporting, shipping State to be recognized across the coun- states’. In California, background checks are or receiving a firearm—and who meets other try, so long as the holders of those li- conducted using a fingerprint-based system conditions, may be granted reciprocity. censes obey the laws of the State in so the state can verify that the recipient of the permit is eligible to possess a firearm If you go into the Federal law, and I which they are driving. under state and federal law. Also, if a person am going to read from 27 CFR section I also keep hearing that this amend- becomes ineligible to possess a firearm be- 478—this is the current standard in ment will increase the number of pur- cause he or she was convicted of a felony or terms of being able to possess a firearm chases of handguns and other weapons. other disqualifying crime, that information or ammunition. I would like to clarify for this body, as is forwarded to their local agency so the per- Anyone who— someone who holds a concealed carry mit can be revoked. Has been convicted in any court of a crime permit, a permit to carry does not I have consistently supported states’ rights allow anyone to purchase a firearm to determine their own fates on a variety of punishable by imprisonment for a term ex- issues. This amendment would trample the ceeding 1 year; automatically. One still has to go rights I have worked hard to protect, and I May not possess a firearm. through the entire process of the back- urge your opposition: Anyone who: ground check as if you did not have a Sincerely, Is a fugitive from justice; permit. ARNOLD SCHWARZENEGGER, Anyone who: Illegal firearms sales are a separate Governor. matter for this body to address—one Mrs. FEINSTEIN. I believe the Is an unlawful user or addicted to any controlled substance; that we clearly should be focusing on— amendment is reckless. I believe it is but they fall outside the parameters of Anyone who: irresponsible. I believe it will lead to this amendment. more weapons and more violence in the Has been adjudicated as mentally defective The issue of gun usage in our country streets of our Nation. I hope and pray or has been committed to a mental institu- understandably divides people—usually tion; this body will turn down this very ill- along the lines of those who believe advised amendment. Anyone who: that any relaxation of gun laws will I yield the floor. Is an alien or illegally or unlawfully in the benefit criminal and violent activity Mr. DURBIN. Mr. President, may I United States or an alien admitted to the versus those who believe gun laws need United States under a nonimmigrant visa; inquire how much time is remaining? to be modified in order to allow law- The PRESIDING OFFICER. The time Anyone who: abiding people to defend themselves. I remaining is 25 minutes 4 seconds. Has been discharged from the Armed have a great deal of empathy for those Mr. DURBIN. The other side. Forces under dishonorable conditions; The PRESIDING OFFICER. There re- who have been the victims of gun vio- Anyone who: mains 32 minutes 37 seconds. lence. I have worked with citizens Mr. THUNE. Mr. President, I yield up Having been a citizen of the United States, groups as well as our Governor in the to 15 minutes to the Senator from Vir- has renounced his or her citizenship; aftermath of the Virginia Tech shoot- ginia. Anyone who: ings, to focus our approach. We have The PRESIDING OFFICER. The Sen- Is subject to a court order that restrains made significant improvements in our ator from Virginia is recognized. the person from harassing, stalking, or laws since then, including working to Mr. WEBB. Mr. President, I rise in threatening an intimate partner or child of modify privacy laws as they relate to support of this amendment. I believe it such intimate partner; or mental health matters, which was the is reasonable. It is not as draconian in Anyone who: primary concern in the Virginia Tech its implications as many of my col- Has been convicted of a misdemeanor shooting, and also to improve the in- leagues, whom I greatly respect in crime of domestic violence—cannot lawfully stant background check process. I will terms of their concerns, are antici- receive, possess, ship, or transport a firearm. continue to work on these areas. pating. In addition: I also believe very strongly that the I would also like to say there has A person who is under indictment for a violence we see in our streets and in been a lot of misinformation on the crime punishable by imprisonment for a our neighborhoods must be addressed. Senate floor about this amendment, to term exceeding 1 year cannot lawfully re- But very little of that violence has the effect it will allow felons, people ceive a firearm. ever been caused by those who seek who are mentally defective, and other Those are the Federal guarantees, permits to carry. As I mentioned be- dangerous individuals to carry weapons the floor under which this reciprocity fore, the people who are perpetrating on the streets of American cities and legislation operates. that kind of violence already have also to buy up hordes of guns and Senator LAUTENBERG has said in his their guns. Their access to those guns transport them into places, as Senator comments that passing this legislation is a matter we should all focus on. But SCHUMER mentioned, such as New York is akin to allowing someone from an- few criminals are going to go down to City. My colleague from New York other State to come into your State the county courthouse and file for a gave as an example, in his terms, a and follow their speed limits. This is permit. Those who seek permits to Crip or a Blood moving to Vermont, es- not an accurate interpretation of this carry and who are within the Federal tablishing residency, then bringing a amendment. The amendment specifi- guidelines specifically addressed in this permit down into New York and being cally provides that anyone carrying a bill seek to do so in order to protect able to carry a weapon with impunity. firearm into another State must follow themselves from the violence we see on I think the reality of that particular the laws regarding firearms usage in our streets. situation is the gang members already that State, and I quote from the I would say, when I look at this have their guns. They don’t need this amendment: amendment, a couple clear examples bill. In fact, this amendment has pro- . . . in a State that allows residents of the come to mind. One is my father who, in tections that would prevent those who State to obtain licenses or permits to carry his later years, lived in Florida and engage in criminal activity—such as concealed firearms . . . then Arkansas, and would drive alone gang members—from taking advantage A person gaining reciprocity is: in his car to come and visit me and my of this legislation. The people who need Entitled to carry such a firearm subject to brother, who lived in Minnesota. It was this bill are the ones the gang members the same laws and conditions that govern usually at least a 2-day journey. My fa- might be threatening. specific places and manner in which a fire- ther was older. He was by himself in

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7820 CONGRESSIONAL RECORD — SENATE July 22, 2009 the car. He was a classic target of po- These numbers are shocking. I think Even the Congressional Research tential criminal activity. about what this amendment does, Service has found this amendment He carried a weapon, a firearm, when whom it affects, and I cannot help but would have a preemptive effect on he traveled. When he stopped at night ask who is it who feels the need to State reciprocity laws. They said in and went into a motel, he brought that carry a concealed weapon and for what their report: weapon with him. You check in a motel purpose? One must ask how we would This amendment is broad enough such that by yourself, you are 77 years old, peo- ever want to permit, as a matter not of it would allow certain firearms that are ple are going to start looking at you. I State but Federal law, those whose mo- banned from purchase or possession in one don’t think people who are in that situ- tives may not be pure to walk into a State to be brought into that State. For ex- playground, school, crowded stadium in ample, one could legally purchase, possess, ation need to wonder if they are com- and carry a concealed permit for a firearm mitting a felony by having a gun to be any State licensed under Federal law that is banned in States such as California, able to defend themselves when they to carry a concealed weapon in their Connecticut, Hawaii, Maryland, Massachu- are in that situation. coat pocket or bag. Do we honestly be- setts, New Jersey, and New York. Somebody else who comes to mind lieve that person will be the priest or In my view, this would turn the clock are all these truck drivers we see on the rabbi? Do we think it will be the back on reasonable, responsible gun the roads anytime we are on the inter- mother taking her child to a school, laws that States such as New Jersey state. These are independent contrac- saying: Let me think, I have the house have passed to protect us from men tors. They are people who are out there keys, the cell phone—oh yes, the per- like Richard Poplowski, Michael making a living the hard way. They mit for the gun in my bag. McLendon, and Michael Iheme. On the constantly cross State boundaries. Will it be the law-abiding sportsmen contrary, common sense, logic, reason, They have to worry about whether using their rifles for target practice? rationality, good judgment all say that their truck is going to break down. Sportsmen don’t need to conceal their that amendment will make our streets They have to wonder sometimes, where weapons. less safe. they stop, whether they are going to be Whom do we think will benefit from And, contrary to the usual approach this amendment? Whom do we think victimized if they sleep in the cabin of of my Republican colleagues to maxi- will carry a concealed Glock 39 through their own truck. Many can legally mize States rights, this amendment the streets of our cities, perhaps into a carry in their own State. Do they have will trample the right of States to pass playground, stadium, church or to worry, if they pull over for the night their own laws that keep guns out of mosque? It will not be that mother or in another State, if they try to defend the hands of criminals. that hunter. It will not be that sports- themselves they are committing a fel- Too many times, for too long, we man. As Paul Helmke, the president of ony? This is the type of situation I behave seen blood on our streets from the Brady Campaign, so aptly pointed senseless, pointless, lethal gun vio- lieve this legislation is attempting to out, it will be something like Richard lence. We have tried, in our States and address. Poplowski, the White supremacist, in this Chamber, to mitigate it. We I believe it will have a beneficial ef- armed with an AK–47, who allegedly have tried in our own ways to stop it. fect. I believe strongly we need to work murdered three Pittsburgh police offi- We have all been outraged at those together in this body to address other cers on his front porch. who, in language, attitude, and de- situations of gun violence in this coun- He was a concealed carry permit meanor, seem to accept it as part of try. I am glad to add whatever insights holder. It will be Michael McClendon, American culture. I do not accept it as I can have to do so, but I support this the suicide shooter who went on a ram- such. legislation and I intend to vote for it. page in Alabama, murdered ten people, We cannot stand down from battle I yield the floor. then shot himself. He too was a con- being waged by law enforcement in Mr. DURBIN. Mr. President, I yield 9 cealed weapon carry permit holder. every city and State against gun vio- minutes to the Senator from New Jer- It will be criminals such as Michael lence in our streets. Our charge, our sey, Senator MENENDEZ. Iheme, charged with first-degree mur- solemn responsibility, is to end the vio- The PRESIDING OFFICER. The Sen- der in the shooting death of his wife in lence, not add to it. There are too ator from New Jersey is recognized. St. Louis Park, MN. She had an active many guns on our streets as it is, but Mr. MENENDEZ. Mr. President, I restraining order against her husband there are also too many people willing come to the floor saddened by the trag- because of a history of domestic vio- to use them. ic death yesterday of Marc Dinardo, 1 lence. After shooting his wife, he called Let’s not make it easier to carry a of 5 of New Jersey’s finest police offi- 911 and said, ‘‘I killed that woman that concealed weapon against the wishes of cers shot last week by a gunman. He messed my life up.’’ He was a concealed the people of a State whose elected rep- was killed, not by a law-abiding gun carry permit holder as well. resentatives express their will and say, owner like millions of Americans, a We are being asked to seriously con- not in our State, to blithely, legally sportsman or a hunter, but by one lone sider an amendment that would benefit have a Federal mandate that would armed man, too willing to pull the trig- those criminals, not their victims, an permit them to cross State lines into ger to kill another human being in cold amendment that would override State your neighborhood or my neighbor- blood. laws and federally mandate States to hood. Last night, or the night before, gun- recognize the concealed weapon per- The evidence is before us in the shots were fired in Jersey City. In New- mits of people such as these three noto- names of Richard Poplowski, Michael ark, three people were killed, the vic- rious criminals, even though they may McLendon, and Michael Iheme, all of tims of gun violence. not be residents of that State, even whom had permits to carry a concealed The statistics are staggering. In 1 though they may be legally barred weapon. If their States want to permit year, 30,896 people died from gun vio- from possessing weapons in that State. it, fine, but why should they come into lence, 12,791 people were murdered, an- Let’s make no mistake, this amend- my State and create the opportunity to other 69,863 people survived gun inju- ment is a blatant infringement on murder some innocent family when my ries, 48,676 people were injured in a gun States rights, a stealth repeal of State, my government, my legislature attack. States’ hard-fought gun laws. It strips has determined that, in fact, there is a According to the Brady campaign, in legislators and Governors duly elected better way to protect our citizens. 1 year, 20,784 American children and by the people to represent the best in- When we go down this road, it is a teens were shot in murders, assaults, terests of their constituents to make slippery slope. Some day, some Federal suicides, accidents or by police inter- sound, competent, informed judgments issue will come in your State and you vention. Homicide was the second lead- about how best to regulate guns in will not want the Federal Government ing cause of death for young people their own State, to make those judg- to tell your State how to protect your ages 10 to 24 years old, and 84 percent ments based on the recommendations citizens. If you permit this to happen of victims were killed by a firearm. and input of law enforcement officials today, then it will happen tomorrow in Amazingly, firearm homicide is the who know and understand the specific a way that you will not like. That is a second leading cause of death for young situation on the ground, on the street, dangerous precedent. That is a prece- people ages 1 to 19. in their cities, in their communities. dent I do not think we want.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7821 Finally, let us remember the victims. of the State laws that apply. Most and murders in Florida dropped 58 per- Let us remember Officer Marc Dinardo States have place and time restric- cent. and all of the victims of gun violence tions. In my State of South Dakota Criminals do not get licensed to who, in fact, are out there protecting you cannot carry in a place that serves carry guns. Criminals do not fill out us each and every day. They will not alcohol, you cannot carry in schools, the paperwork, go to the courthouse, know the good guy from the bad guy. you cannot carry in courthouses. get fingerprinted, and wait weeks to re- They will know if this amendment So to suggest that somebody is going ceive their concealed carry permit. passes and becomes law that someone to transport a whole bunch of guns, Criminals issue their own concealed could have a concealed weapon on which would be a violation of Federal carry permits. them. At the end of their day, their laws because there are laws against In the District of Columbia, crime lives will be greater at risk. That is not trafficking, into an area of a State, rates are high because the criminals something I want on my conscience. I public school, or someplace like that, have the advantage over the victims. do not know which Member of the Sen- are wild exaggerations and scare tac- The gun laws in the District outlaw ate wants it on theirs. tics that are not based on any evi- law-abiding citizens from self-defense I yield back the remainder of my dence. The data we have that suggest while people walk home from work or time. the contrary. from the store. They know it is highly The PRESIDING OFFICER. The Sen- I yield such time to the Senator from unlikely in the District of Columbia ator from South Dakota is recognized. Wyoming as he may consume. that the victims will be carrying a gun Mr. THUNE. Mr. President, I do not The PRESIDING OFFICER. The Sen- for self-defense. want to get into the weeds here, but ator from Wyoming. This is a commonsense amendment. the Senator mentioned Michael Iheme. Mr. BARRASSO. Mr. President, It makes sense for law-abiding gun He did not have a carry permit. One of today I rise in support of the Thune owners all across the country. I urge the other gentleman whom he men- amendment. The Thune amendment to my colleagues to vote in support of the tioned, Willie Donaldson, evidently the me is very straightforward. It does not Thune amendment. court recognized that the person had preempt State concealed carry laws, it The PRESIDING OFFICER. The Sen- acted in self-defense and he did not do does not create a Federal concealed ator from Illinois. Mr. DURBIN. I ask that the Senator any jail time for it. carry permit. It simply allows law- from New Jersey be recognized for 9 The broader point is, criminals com- abiding individuals, law-abiding indi- minutes and then, after an intervening mit crimes, that is what they do. viduals to lawfully carry concealed speaker on the other side of the aisle, Criminals kill people. This is not di- firearms across State lines while fol- the Senator from California be recog- rected at criminals, this is directed at lowing the laws of the host State. law-abiding citizens who want to pro- nized for 5 minutes. Just like a driver’s license—this is The PRESIDING OFFICER. Without tect themselves. The statistics I men- my Wyoming driver’s license—just like objection, it is so ordered. tioned earlier make it very clear. If a driver’s license, the Thune amend- The Senator from New Jersey is rec- you want to look at the studies, there ment is a license for self-defense across ognized. is a lot more defensive gun use by vic- State lines. It means with this li- Mr. LAUTENBERG. Mr. President, I tims than there are crimes committed cense—my concealed carry license rise in strong opposition to the amend- with firearms. It is further estimated from Wyoming—I will not be limited to ment that is being offered, because it that there are as many as 2.5 million Wyoming. Just like a regular driver’s would override our safety laws, gun defensive uses of firearms in the United license, just about the same photo, safety laws in my State and other States each year. Again, many of those identification issues, and the only dif- States across the country. The Thune go unreported. ference is this one from Wyoming says amendment is an outright violation of But I think you have to come back to ‘‘concealed firearm permit.’’ It has on States rights. the point that of the 5 million people in it a picture of a handgun. The fact is this vote is not about the this country who are concealed carry Well, today we are hearing the same Second Amendment, it is not about permit holders, if you assumed that arguments against the Thune amend- gun rights, this is about respecting every instance of reported crime by ment that we heard from the people local communities and letting them gun control groups, of improper fire- who wanted to ban assault weapons. make their own decisions about how to arm use by individuals with concealed During that semiautomatic assault keep their streets, their homes, and carry permits, if every one of those is weapons debate, we heard all of the their businesses safe. true, something that can be debated, scare tactics. We heard: There will be As this dangerous amendment gets but let’s assume it is true, over an en- blood all over the streets. Terrorists pushed to a vote, we are seeing opposi- tire year for every 142,857 permit hold- will be able to purchase Uzis and AK– tion grow across this country. In addi- ers, there would be one improper use of 47s. Our cities will turn into the Wild tion to newspaper editorials, we are a firearm. West. The lives of law enforcement will seeing Governors and mayors and local To put that another way, concealed be in danger. law enforcement calling on the Senate carry permit holders would be 15 times This is simply not the case. A study to vote against this amendment. less likely than the rest of the general for the Department of Justice found 40 This placard shows the wide-ranging public to commit murder. The point I percent of felons had not committed groups opposing this amendment, am making is criminals commit certain crimes because they feared the groups opposed to the Thune amend- crimes. That is what they do. They are potential victims would be armed. ment: Over 450 mayors, people who criminals. Criminals kill people. What The National Institute of Justice have responsibility for those in their we are trying to do here is to allow conducted a survey that found that 74 community, Major Cities Chiefs Asso- law-abiding people to protect them- percent of criminals who had com- ciation, International Association of selves from criminals when they travel mitted burglaries or violent crimes Chiefs of Police, State Legislators across State lines, striking the right said they would be less likely to com- Against Illegal Guns, National Net- balance between Federal, the Constitu- mit a crime if they thought the victim work to End Domestic Violence. tion, which protects an individual’s would be armed. In a letter to the Senate, the Inter- second amendment right, and State In States where concealed carry per- national Association of Chiefs of Police laws. We are not preempting State mits are issued, it is a fact that the implored Congress to: laws. Illinois and Wisconsin preclude or crime rates go down. Let’s take a look Act quickly and take all necessary steps to prevent anybody from owning a con- at Illinois and Florida. Illinois does not defeat this dangerous and unacceptable leg- cealed carry permit or having a con- allow concealed carry permits. The islation. cealed carry permit in their States. So number of murders last year in Chi- That is from the International Asso- this amendment does not even apply to cago, 511. ciation of Chiefs of Police. They know them. Nobody can carry a concealed Since Florida passed their concealed what to do about concealed guns, and weapon in either of those States. It carry bill and signed it into law, vio- they will decide within their own com- recognizes the rights of States and all lent crime has dropped by 32 percent, munities. But the Thune amendment

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7822 CONGRESSIONAL RECORD — SENATE July 22, 2009 does not just steal States of their right ing spree in Binghamton, NY. This gress and this one and the ones that to create their own laws, it abolishes gunman drove a car up to a citizenship preceded, voted to take away those State laws that are on the books right services center and barricaded the back very same States rights in every other now. The Thune amendment throws door with his car so the innocent peo- area of freedom. State laws out the window. ple who were inside would be trapped We just had a hearing on a Supreme For the 35 States that have chosen to as he proceeded to kill those who were Court Justice. She got it wrong on the keep criminals with misdemeanor con- in his sights. The gunman sprayed gun- second amendment. The second amend- victions from carrying concealed weap- fire throughout the center, killed 13 ment is written into the Constitution ons, this amendment abolishes their people, and wounded several more be- and the Bill of Rights. Why was the laws. For the 31 States that have cho- fore taking his own life. 14th amendment even brought up to sen to keep alcohol abusers from car- The next day another concealed Congress? The historical debate shows rying concealed weapons, this amend- carry permit holder destroyed more that during reconstruction, freed Black ment abolishes their laws. lives. In Pittsburgh, two police officers slaves were losing their right to own a The Thune amendment would force arrived at a house to quell a domestic gun simply because they were Black, States to accept the weakest standard conflict. The two officers were am- simply because they were freed slaves. in the country and brings about a race bushed and killed by the gunman who Many Southern States passed laws tak- to the bottom. Many of us represent held a concealed weapons permit. Min- ing that right away. The due process of States that do not want lax standards utes later, the gunman shot and killed the 14th amendment came about so on who can walk around our commu- a third officer who arrived at the scene. that we could preserve the right of in- nities with a weapon hidden in their The special interest gun lobby is dividuals to own arms and defend garments. hanging its hopes on the prospect that themselves. To make matters worse, the Thune this Chamber will abandon common What I find ludicrous in this debate amendment not only overrides a sense and pass the Thune amendment. is any discussion of an assault weapons State’s concealed weapons laws, it But this gun lobby’s dream is a night- ban or assault weapons. You can’t con- could also override a State’s assault mare for our country. It violates ceal one. That is No. 1. No. 2, we had weapons ban. That means if we have a States rights and it will make it easier the Senator from New Jersey mention the Uzi. It is illegal to own an Uzi in ban in my State and someone gets a for gun traffickers to move firearms. If this country. So you are already a concealed weapons permit, they could the Thune amendment becomes law, criminal, you are already a felon, you bring an assault weapon into our State. traffickers could now load up a car and This means even if a State has a ban on are already one of those individuals take guns across State lines legally, as assault weapons, under this amend- Jefferson was talking about when you long as the driver has a concealed ment, someone could legally enter that claim to say that we are going to step weapons permit in any State. all over State laws. State with a hidden Uzi or assault History will record that this Senate We had a vote in terms of honoring weapon and travel around with it. was asked to decide whether to put Think about it. If a State’s residents States rights in terms of the national families further in danger or keep are not permitted to carry a particular park bill on guns. Twenty-nine of my them safe, whether to savage State weapon, someone can come into that colleagues, thirteen of whom now are laws or honor them, and whether to State with a weapon that now is pro- defending States rights, stepped all usurp States rights or preserve them. I hibited in that State. over States rights with their vote That is one of the reasons more than hope my colleagues will do the right against the Coburn amendment when it 450 mayors across the country have ex- thing. I urge them to vote no, no, no, came to allowing people to have su- pressed alarm about the Thune amend- on the Thune amendment. preme their State law in terms of na- ment. As these mayors explained in a I yield the floor. tional parks. The PRESIDING OFFICER (Mr. letter to the Congress: Nobody comes to the Senate floor a KAUFMAN). The Senator from South Each state ought to have the ability to de- purist. The vast majority of people who cide whether to accept concealed carry per- Dakota. are debating against this amendment mits issued in other states. Mr. THUNE. I yield 10 minutes to the on the fundamental principle of step- I don’t want it in New Jersey, and I Senator from Oklahoma. ping on States rights have a voting The PRESIDING OFFICER. The Sen- think Members across this Chamber record that 98 percent of the time they ator from Oklahoma. will say: No, I don’t want it in my don’t care about States rights; they Mr. COBURN. Mr. President, I think State as well. care about the Federal Government. Supporters of this amendment like to a little bit of history is important for I have an offer. Any Member who claim that only law-abiding citizens us now. Let me give a quote of what wishes to vote against this amend- get their hands on concealed weapons Thomas Jefferson had to say. It is im- ment, if you will all endorse the Enu- permits. But that is not true. In Alas- portant for us to hear him. We recog- merated Powers Act and see that we ka, for example, criminals who have re- nize his wisdom in lots of what he did pass it through Congress, then you can peatedly committed violent mis- for us as one of the Founders of this demonstrate your fidelity to the 10th demeanors are permitted to carry con- country. Here is what he said about amendment. Except nary a one of those cealed weapons. In Alaska, criminals guns: Gun control laws disarm only who are opposing this amendment has who have repeatedly committed sex of- those who are neither inclined nor de- endorsed the Enumerated Powers Act fenses are permitted to carry concealed termined to commit crimes. Such laws in this Congress or the last. The argu- weapons. According to a new study, only make worse for the assaulted and ments ring hollow when we talk about during the 2-year period between May better for the assailants. They serve, the 10th amendment because the true 2007 and April 2009, people holding con- rather, to encourage rather than to action would be to recognize the lim- cealed handgun permits killed at least prevent homicides, for an unarmed ited powers of the Federal Government 7 police officers and 44 other innocent man may be attacked with greater con- to enforce the 10th amendment, and we people across the country. fidence than an armed man. wouldn’t be having this debate. Recently we have seen several grue- Granted, that was in a different day States rights are convenient only some examples of senseless murders and time, but his words ring true. To when it comes to something we don’t committed by people holding concealed those who are opposing this amend- like. They are rarely utilized to truly weapons permits. A few months ago, a ment who truly believe we ought to defend States rights. You have to fol- 28-year-old concealed weapons permit have a total ban on firearms, I recog- low the laws of the State you are in; holder went on a murderous rampage nize that is a legitimate position for that is respecting States rights. For in Alabama. First he shot and killed some of those people. But what I find every incident and tragedy of some- his mother. Then he gunned down 10 both disingenuous and also curious and body who had a concealed carry per- others, including 2 young mothers and funny at the same time is the number mit, we can give you 10,000 tragedies of a father and an 18-month-old girl. of my colleagues who now come to the those where gun control allowed the A few weeks later, another concealed floor to preserve States rights when 95 criminals to have guns but the inno- weapons permit holder went on a kill- percent of their votes, in the last Con- cents not.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7823 I hope the American people will look law. The linchpin of California concealed people would have different laws on at this debate and say: There is a fun- carry permitting is local law enforcement conceal and carry than a State of 38 damental right in this country, which discretion. In addition to certain explicit million people, my home State of Cali- the Supreme Court will get right in statutory provisions, such as the exclusion fornia. Leave us alone. Leave us alone. of violent misdemeanants and certain juve- this next session, that is guaranteed to nile offenders, California police chiefs and You want to have conceal and carry us as part of our liberty. It was incul- sheriffs have the discretion to deny a permit with very few requirements, fine. We cated into everything our Founders if they believe an applicant will present a have conceal and carry with many re- did. Knowing it to be true, it was writ- danger to public safety. California also requirements, and it is working. ten into our Constitution. Many of the quires each applicant to complete a firearms Some States do not have any limit rights we have today that we cling to safety course, demonstrate moral character, on the number of weapons you could so dearly were never even considered and justify the reason for applying for a per- carry with one conceal and carry per- by our Founders but have come about mit. California’s standards keep guns out of mit. So someone could come into my the hands of dangerous criminals. The Thune as a result of what the judicial branch Amendment, however, would permit citizens State, go into one of my schoolyards, has said. of states with less strict laws to freely carry and open up a duffle bag full of per- If you are going to use States rights concealed weapons in our state. fectly legal weapons. as a position to defend your vote This legislation will also aid and abet gun We have approximately 3,300 gun against this bill, I suggest that your traffickers. Criminal traffickers already rely deaths each year in my State. Let me constituencies look at your other votes on states with weak laws as a source for the repeat that: 3,300 gun deaths each year on States rights and see if there isn’t guns they sell illegally, according to a report in California. Each one of them has a some big dissonance with that position. issued by Mayors Against Illegal Guns in De- story of tragedy behind it. A lot of cember 2008. In fact, the report showed that them are kids. So do not come down You will find it in every case. 30% of crime guns crossed state lines before I yield the floor. they were recovered. This bill would frus- here and tell my State what we should The PRESIDING OFFICER. The Sen- trate law enforcement by allowing criminal be doing. I support your State. You ator from California. traffickers to travel to their rendezvous with should support my State. And that is Mrs. BOXER. Mr. President, I ask loaded handguns in the glove compartment. exactly what Governor Schwarzenegger unanimous consent to be yielded 7 min- Even more troubling, a trafficker holding an says. He says we have a right to write utes rather than 5. I have cleared that out-of-state permit would be able to walk our own gun laws. with Senator DURBIN. the streets of any city with a backpack full Mr. President, 34 California mayors Mr. THUNE. How much time remains of loaded guns, enjoying impunity from po- and 400 mayors nationwide oppose the on the other side? lice unless he was caught in the act of selling a firearm to another criminal. Thune amendment, as does the Inter- The PRESIDING OFFICER. There is Finally, this law would not only frustrate national Association of Chiefs of Po- 8 minutes 35 seconds. our police officers, it would endanger them. lice. Mrs. BOXER. I ask unanimous con- Policing our streets is perilous enough with- We have a lot of work to do. We have sent for 6 minutes. out increasing the number of guns that offi- to work on health care. We have to The PRESIDING OFFICER. Without cers encounter. Confusion among police offi- work on energy independence. We have objection, it is so ordered. cers as to the legality of firearm possession to work on getting down the deficit. Mrs. BOXER. Mr. President, I agree could result in catastrophe. Congress should We have to work on bringing down the be working to make the job of a police offi- with the Senator from Oklahoma on debt. We have to work on educating one thing. I hope the American people cer more safe—not less. As President of the California Police our kids. But, oh, no, we are spending are watching this debate. I truly do. Chiefs Association, I urge you to protect hours on an amendment that is offered We are talking about a radical proposal California’s ability to protect its commu- that tells our States their laws are not that is opposed by Democrats and Re- nities from gun violence by voting against to be respected when it comes to con- publicans in my home State. I have the Thune Amendment (S. 845/H.R. 197/H.R. ceal and carry. never seen the phones ringing off the 1620). Do you know there are some States hook to this degree. Sincerely, that allow a spousal abuser to carry a I ask unanimous consent to have BERNARD K. MELEKIAN, President. concealed carry weapon? Do you want printed in the RECORD a statement by that spousal abuser, maybe in a state the California Police Chiefs Associa- Mrs. BOXER. The police chiefs, letter of rage, to walk into another State tion. is so tough and so strong. It reads in with a duffle bag full of weapons? And There being no objection, the mate- part: my senior Senator—she read this, and rial was ordered to be printed in the The California Police Chiefs Association is she is a pretty good expert on this RECORD, as follows: strongly opposed to the Thune amendment. issue—says you could have an assault The legislation would require California to CALIFORNIA honor concealed carry permits granted by weapon in there. Is that what we want? POLICE CHIEFS ASSOCIATION, It is ironic, as we deal with health Sacramento, CA July 21, 2009. other States, even when those permit holders could not meet the standards required by care issues—do you know what it costs Re Protect America’s police officers, our to try to sew up somebody and heal citizens, and states rights by voting no California law. The Thune amendment would on the Thune amendment (S.845/H.R.197/ empower gun traffickers and threaten the somebody who has been a victim of a H.R. 1620). safety of our police officers. gunshot wound? We are training our Senator BARBARA BOXER, If there is one thing we should do for doctors who go over to Iraq and Af- Hart Senate Office Building, our police officers, it is not make their ghanistan in our cities. Washington, DC. lives any tougher than they are. We re- So all my colleagues on the other DEAR SENATOR BOXER, the California Po- cently lost four police officers in Oak- side who come here and talk about Big lice Chiefs Association is strongly opposed to land. The whole community suffered Brother—Big Brother—going into their the Thune Amendment (S.845). This legisla- along with those families. My police States and telling their States what to tion would require California to honor con- chiefs talk about this: do, this is a case of Big Brother, clear cealed carry permits granted by other states, and simple. even when those permit holders could not A trafficker holding an out-of-State permit meet the standards required by California would be able to walk the streets of any city If I need to protect my people in Cali- law. This would strip California of the power in America with a backpack full of loaded fornia, I want to leave it to my people to create its own public safety laws, and guns, enjoying impunity from police unless in California. I do not want to come in hand that power to the states with the weak- he was caught in the act of selling a firearm. and tell them they have to live with est protections. The Thune Amendment This is one of the strongest letters I other State laws that are weaker. It is would also empower gun traffickers and have ever seen from my police chiefs. just wrong. It flies in the face of States threaten the safety of our police officers. This debate is not about the right to rights. It flies in the face of common California, like most states across Amer- own a gun. That has been settled by sense. And again, the supreme irony is, ica, has intensely deliberated how best to balance community safety needs with the the Supreme Court in the Heller case. it is coming from folks who say they rights of our citizens to bear arms. We have, It is about allowing States to deter- love our States, they respect our like almost all states, set various standards mine their own laws. And I totally get States, the Federal Government has in addition to those in place under federal why some more rural States with fewer too much power. But all of a sudden—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7824 CONGRESSIONAL RECORD — SENATE July 22, 2009 The PRESIDING OFFICER. The Sen- to allow its citizens to carry firearms ment, carry the concealed weapon back ator’s time has expired. in a concealed manner, I oppose this ef- home. Mrs. BOXER. Mr. President, I hope fort to second-guess the judgments of State and local governments do not we will vote against this amendment State and local officials across the have a one-size-fits-all approach on gun because this is not what we need in country in relation to permitting peo- control. Yet the Thune amendment America—more gun deaths and more ple to carry a concealed firearm. Just treats them as if they were all the police being put in the line of fire. as I would resist Federal legislation same. Under this amendment, a State I yield the floor. that prohibited States from entering would be prevented from limiting who Mr. LEAHY. Mr. President, when the reciprocity agreements with each other can carry a concealed gun in its juris- Supreme Court handed down its deci- to honor one another’s concealed carry diction. In doing so, the amendment sion in District of Columbia v. Heller I permits, I do not believe the Federal threatens the safety of our citizens, applauded the Court for affirming what Government ought to be forcing States our communities, and our States. so many Americans already believe: to treat citizens from other States dif- States need the right to control who The second amendment protects an in- ferently than it treats its own on this can carry a concealed weapon in their dividual right to own a firearm. The public safety matter. The Thune jurisdiction. What State officials, law Heller decision reaffirmed and amendment represents the Federal enforcement, and legislators decide are strengthened our Bill of Rights. Government intruding into the gun the best policies for rural States may Vermont has some of the least re- laws of the States. It could even result not be the best policies for urban strictive gun laws in the country. One in some States repealing their con- States—and vice versa. This bill cre- does not need a permit to carry a concealed carry laws to avoid the impact ates a race to the bottom, in which gun cealed firearm, and citizens of Vermont of the Federal law. owners can get a permit in a State are by and large trusted to conduct What works in Vermont does not nec- with the least restrictive licensing reg- themselves responsibly and safely. In essarily work in New York City. And ulations and use that gun in every my experience, Vermonters do just what works in New York City would other State—except Illinois and Wis- that. Like many Vermonters, I grew up not get a warm welcome in Vermont. consin, where there is a total prohibi- with firearms and have enormous re- That is the beauty of our Federal sys- tion. The amendment even entitles spect and appreciation for the freedoms tem. When it comes to public safety residents in Alaska and Vermont, the the second amendment protects. Like and police power, the Federal Govern- two States that allow residents to other protections in our Bill of Rights, ment ought to respect the judgments of carry concealed guns without permits, the second amendment right to keep the States, their citizens, elected offi- to carry their guns in other States. In 35 States, such as Massachusetts, a and bear arms is one that I cherish. cials, and law enforcement agencies. permit holder must have attended a As a prosecutor, I protected the (At the request of Mr. REID, the fol- rights of Vermonters to possess fire- lowing statement was ordered to be safety course. Other States don’t require a safety course, and residents in arms. As a Senator, I have carefully printed in the RECORD.) Alaska or Vermont are not required to considered Federal efforts to regulate ∑ Mr. KENNEDY. Mr. President, 2 have a permit at all. Yet, with the firearms, and always with an eye to- years ago I opposed a bill considered by adoption of the Thune amendment, gun ward the burdens it may impose on the the Senate Judiciary Committee to owners would be able to carry a con- second amendment rights of law-abid- strip State and local police depart- cealed weapon without a safety course ing American citizens. ments of their ability to enforce rules in all these States. This is absurd. In Justice Scalia’s decision for the Su- and policies on when and how their addition, other State licensing laws, preme Court in Heller acknowledged own officers can carry weapons. Today, which prohibit permits for individuals that some reasonable regulation can I continue to oppose attempts to super- with criminal backgrounds or sub- and does coexist with the second sede or limit State gun control laws, stance abuse problems, would be amendment, just as it does for other and for this reason I oppose Senator waived under the Thune amendment if rights in our Bill of Rights. The States THUNE’s amendment that would in- the individual is issued a permit in a have traditionally played the strongest fringe on the ability of State and local jurisdiction with more permissive reg- role in regulating firearms based on governments to regulate concealed ulations. State and local concerns. Most fire- guns in their jurisdictions. I have said According to the most recent statis- arms regulation is decided within it before, and I say it again—each tics, in 2006, an average of nine young States as an issue of State police State should be able to make its own people aged 19 and under were killed by power. This is how it should be. judgment about whether citizens can a gun each day in the United States. In I feel strongly that the principles of carry concealed weapons within their 2007, an average of 48 children a day federalism demand that the Federal jurisdictions. There is no reason for were nonfatally wounded. The scourge Government minimize its intrusion Congress to override gun safety meas- of gun violence frequently attacks the into the policy judgments made by ures in any State. most helpless members of our society— State and local officials, citizens and Yet the Thune amendment would our children. Does the Thune amend- State legislators, especially in matters override the laws of 48 States by re- ment—authorizing more widespread of public safety. I believe this is true quiring them to recognize concealed use of concealed guns—improve these whether the Federal Government seeks carry permits from other States, even statistics? Does creating a system that to restrict the activities of Americans if the permit holder would not be al- reduces the regulations for permits for or it seeks to second-guess what State lowed to possess or carry a gun under many concealed gun carriers improve officials have decided is proper regula- the laws of those States. Currently, these statistics? I think not. tion. Whenever the Federal Govern- only two States—Illinois and Wis- In fact, it was found that concealed ment imposes its will some citizens consin—have a total prohibition handgun license holders in Texas were may be happy, but others will be dis- against concealed carry weapons. This arrested for weapon-related offenses at appointed. This is particularly true amendment would require the remain- a rate 81 percent higher than that of when such Federal action involves ing 48 States to recognize a permit the general population of Texas, aged matters of safety and police power at granted by another State that has 21 and older. Expanding the ability of a the State level. The Federal Govern- issued a concealed weapon permit. concealed gun holder to carry his weap- ment plays a role in regulating the im- Such a system leads to ludicrous re- on in a far larger number of jurisdic- portation of firearms and has in pro- sults. For example, under the Thune tions will not lower gun deaths or viding a framework for interstate com- amendment, a person who can’t obtain crime. merce. a concealed carry permit in his home Our brave police forces face risks Senator THUNE’s amendment imposes State could apparently circumvent his every day in the line of duty. Policing the policy judgments of the Federal State law by finding another State in the streets, and even routine traffic Government on the States. Just as I which that person would be eligible for stops, are perilous enough without in- would vigorously oppose any Federal a nonresident permit and then, using creasing the number of guns that offi- effort to restrict the ability of a State the reciprocity granted by the amend- cers encounter. Under the Thune

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7825 amendment there is no easy way for a to make many of the arguments. It is the Bill of Rights apply across State police officer to determine the legality totally speculative that somehow this lines, and it seems to me, at least, this of a gun being concealed by an indi- amendment is going to lead to all one should too, subject to restrictions vidual with a permit from outside the kinds of people, thugs and gangsters, that are imposed by the individual State. This confusion, and the increase getting guns and then transporting States. This does not preempt any of in the number of guns on the street, them someplace else in the country. those. could result in violent incidents, some I will tell you, I do not think there States have different restrictions of which could lead to more deaths are too many criminals—by the way, that apply and restrict the place and from gun violence. The Senate should criminals commit the crimes. The Sen- the manner in which firearms may be be working to make the job of police ator from New Jersey talked about the transported into their States. So what officers safer. The Thune amendment thousands who are killed by guns every we are simply trying to do is clarify does the opposite. year. Most of them are killed by crimi- this patchwork of different regulations The amendment takes away the right nals. There may have been an excep- and laws and requirements that dif- of a State to determine who can carry tion or two where somebody had a con- ferent States have all over the country, a concealed gun within that State. As cealed carry permit, but relative to the so people, law-abiding citizens—not the a result, the amendment will increase general population, it is minuscule. criminals who are being referred to If you think about the number of the number of concealed guns that will who commit the crimes in this coun- crimes that are committed every year be allowed on any given street. More try—so law-abiding individuals who by criminals, what we ought to be than 400 mayors, numerous State legis- want to defend themselves against doing is focusing on criminals, the peo- lators, the International Association of those very criminals have the oppor- ple who commit crimes. Criminals are Chiefs of Police, and the Major Cities tunity to do so by being able to possess not going to go down to the courthouse Chiefs Association oppose this amend- a firearm if they have a concealed in Sioux Falls, SD, and say: I want to ment because of the danger it brings to carry permit. our streets, our citizens, and our law get a concealed carry permit, or anywhere in this country, for that matter, As I said, every State is a little dif- enforcement. I strongly urge my col- ferent as to how you go about getting leagues to vote against Senator because almost every State, with three exceptions, by law does a background one of those permits, but every State THUNE’s amendment. It is unwise pol- has its own requirements, and all of ∑ check. So in order to own a gun or pos- icy that could lead to tragic results. the States, with a couple exceptions, The PRESIDING OFFICER. The Sen- sess a gun, you have to go through a background check. So to get a con- have background checks as a part of ator from South Dakota. that. Mr. THUNE. Mr. President, how cealed carry permit, you also have to much time is left on our side? go through a background check. I do The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Nine not think most criminals are going to ator has used 5 minutes. minutes. be going down and saying: I want to get Mr. THUNE. Mr. President, I reserve Mr. THUNE. Mr. President, I yield a background check so I can get a gun the remainder of my time. myself 5 minutes. so I can haul it and commit a crime in Mr. DURBIN. Mr. President, how The PRESIDING OFFICER. Without some other State. That is ludicrous. much time do I have remaining? objection, it is so ordered. Think about the logic of that. For any- The PRESIDING OFFICER. Two Mr. THUNE. Mr. President, the Sen- body who has a criminal record, obvi- minutes 15 seconds. ator from California has made some ously, the background check is going Mr. DURBIN. Mr. President, this comments, and actually both Senators to reveal that. They are not going to be morning around Washington, hundreds from California talked about the issue able to either acquire a gun or get a of lobbyists strapped on their suits and of assault weapons. Of course, assault concealed carry permit, which means their ties and went to work waiting for weapons—as my colleague from Okla- they are going to do what they usually the Thune amendment and his theory homa pointed out, it is very difficult to do; that is, get those firearms illegally and their theory on keeping America conceal an assault weapon. It is not and commit crimes and felonies be- safer by putting more guns on the something you are going to be running cause that is what criminals do. street. Across America today, thou- around—it is not a concealed weapon. I want to mention some of those who sands of law enforcement officials Obviously, when you get into the State have endorsed this amendment. The strapped on their guns and their badges of California, those weapons are illegal. NRA has endorsed this amendment. I think it is fair to point out again Gun Owners of America—I have a let- and went out on those mean streets to that any State can impose restrictions ter from them endorsing this amend- risk their lives to keep us safe. on the people who come into their ment. Citizens Committee for the Did you listen to the groups that State with a concealed carry permit Right to Keep and Bear Arms has en- have endorsed the Thune amendment? from another State. So State laws still dorsed this amendment. The Owner-Op- Do you know what is missing? Not a trump when it comes to the place erator Independent Drivers Associa- single law enforcement group supports where guns can be carried. tion, which, as I pointed out, rep- JOHN THUNE’s amendment. The men To this issue of multiple guns being resents a lot of the truckdrivers across and women who are risking their lives brought into a State, States can also the country, endorses this. This is a for our safety every day do not support say the permit only applies to one gun. real issue for them because they are his amendment. They oppose it. Do you Obviously, that is an issue on which a traveling across State lines in inter- know why they oppose it? Because they State can rule. Secondly, the issue of state travel on a regular basis. This is realize there are different standards in multiple guns I would think would fall something they have advocated for a different States for concealed carry under the rubric of trafficking, which long time. The Passenger-Cargo Secu- and in some States almost no stand- is a Federal offense. It is illegal. For rity Group, which, of course, represents ards at all. They realize that in 17 people who have committed crimes, a lot of those who fly cargo in this States you do not need to even prove that is illegal under Federal laws. They country, has endorsed it. GOProud has you know how to fire a gun safely. And cannot get guns in the first place—or endorsed this amendment. And the under JOHN THUNE’s amendment, those at least they are not supposed to get Pink Pistols group has endorsed this people can go into States that require guns. It is a Federal crime if they do. amendment. So there are a number of a test or even a test on a firing range— People who have a history of mental groups, organizations out there that the 31 States that require it—and they illness—all these issues are addressed have endorsed this amendment that be- can carry a gun without any evidence in Federal law, which provides a floor lieve, as I do, it represents a common- that they know how to use it. against all these types of things that sense approach that balances the con- There are also some 35 States that are being suggested. stitutional right people in this country prohibit people convicted of certain Much of what has been suggested have to keep and bear arms—the sec- misdemeanor crimes from carrying here really is scare tactics, it is fear ond amendment right. It is in the Bill concealed firearms. That means that 13 mongering. There is no basis on which of Rights. All the other amendments in other States can send their people in

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7826 CONGRESSIONAL RECORD — SENATE July 22, 2009 with convictions for these mis- tional right the people in this country though those other States prohibit an demeanors and they can carry a fire- enjoy under the second amendment to individual who resides in those other 47 arm legally under JOHN THUNE’s keep and bear arms—and which has States from carrying a concealed weap- amendment. been supported by the Supreme Court, on. A Federal standard is thereby im- Let me say, finally, they realize, too, I might add—and the rights of States posed on the States. that if you happen to be a drunk driver under federalism to restrict that ac- The 35 States that prohibit criminal in a State—17 States—you can still get cording to their own wishes and laws. misdemeanants from carrying con- a concealed carry permit. It does not And every State does that differently. cealed weapons are told under the matter how many times you have been This amendment does not preempt Thune amendment: You can enforce convicted for DUIs, whether you are a those. your own laws regarding your own resi- habitual drunkard, an alcoholic, you The States of Wisconsin and Illinois dents but cannot enforce your own laws can still get a concealed carry permit prevent concealed carry permit hold- against residents of the 13 States who in 17 States. Senator THUNE wants ers, and so there is not anybody in this issue concealed carry permits to con- those people to be able to drive into country who is going to be able to trav- victed criminal misdemeanants when your State, where you say, frankly, el through Illinois or Wisconsin and those nonresidents visit your State. you cannot have a concealed carry per- carry a gun because they just do not The laws of those 35 States cannot be mit if you cannot handle alcohol—he allow it. So it respects the rights of the applied to all persons in their States— wants them to be able to come into individual States. But it does allow those from 13 other States who get per- those States and to have the right to law-abiding citizens in this country to mits under weaker laws are immu- carry a firearm. exercise their constitutional right nized. Will that make us safer? The men under the second amendment, and that A double standard would be adopted and women in uniform, who went out right should not end at State lines. and would be imposed on the States. this morning and are out there right State borders should not be a barrier to A terrible precedent of a national now protecting us, say no. And that is an individual’s right to defend them- standard would also be adopted and im- what we ought to say to the Thune selves. posed on the States, superseding a amendment: No. I believe the studies are very clear. State’s ability should they choose to The PRESIDING OFFICER. The Sen- As I have said earlier—they are all regulate concealed possesion of a fire- ator’s time has expired. speculating about all the crimes that arm in their States by visiting crimi- The Senator from South Dakota. are going to be committed—people, nal misdemeanants who do not meet Mr. THUNE. Mr. President, let me concealed carry permit holders, if you their standards for concealed firearms point out what I pointed out earlier. look at the data, are 15 times less like- possession. This amendment does not apply to the ly than the rest of the public to com- So while the Thune amendment says District of Columbia. But I also want mit murder. Criminals commit crimes, it doesn’t preempt any provision of to come back to a basic point; that is, not law-abiding citizens, not people State law with respect to the issuance how did we get here today? Why are we who go down to their courthouse to get of licenses or permits to carry con- here? Well, we are here, supposedly, to a concealed carry permit so they can cealed firearms, that is true only as to be talking about the Defense author- defend themselves against the very residents—it does preempt the right of ization bill. But last week the Demo- criminals who routinely break the laws the States to apply its laws as to who cratic leadership decided to put a hate and possess firearms illegally so they can carry a concealed weapon to all crimes amendment on the floor as the can commit crimes. persons in the State, residents and first amendment to the Defense au- This is a reasonable, commonsense nonresidents alike. thorization bill—unrelated, non- balance which I believe strikes the Senator THUNE’s statement that ev- germane to the underlying Defense au- right balance between the constitu- eryone must comply with restrictions thorization bill. tional second amendment right citi- of States they are in is not accurate The hate crimes bill, it could be ar- zens in this country enjoy and the then as to the key restriction relating gued, preempts a lot of State laws be- States’ ability to restrict that right. to who can carry concealed weapons. cause a lot of States have their own And any concealed carry permit holder The amendment will also create seri- laws with regard to hate crimes. But who has a concealed carry permit in ous problems for law enforcement. Law we decided here—the Democratic lead- their State of residence who travels to enforcement officials use concealed ership did—that it was more important another State has to abide by and is carry permits as an important tool in to talk about hate crimes legislation subject to the laws that are enacted by combating illegal trafficking. In most than it was to talk about defense-re- that individual State. States, carrying a firearm without a lated amendments. So, Mr. President, I hope my col- permit is a crime. The Thune amend- Well, my view was, they are going to leagues will vote for what is a comment would hamper law enforcement’s offer a hate crimes amendment on the monsense amendment that allows peo- ability to identify and arrest illegal floor of the Senate. What better way to ple across this country who are law- traffickers before they are able to sell prevent hate crimes than to allow the abiding citizens to defend themselves their weapons on the black market, for potential victims of hate crimes to de- from the very criminals who break instance: This is one reason why the fend themselves against those very those laws and try to commit these amendment is opposed by the Inter- hate crimes? So I was going to offer crimes. national Association of Chiefs of Po- this amendment, this concealed carry Mr. President, I yield the floor. lice, the Major Cities Chiefs Associa- amendment, as a second-degree amend- Mr. LEVIN. Mr. President, under cur- tions, Mayors Against Illegal Guns and ment to the hate crimes amendment rent law each State adopts and en- State Legislatures Against Illegal that was put on the floor last week by forces their own eligibility standards Guns. the Democrats. The leader filled the for who is qualified to obtain a con- The National Defense Authorization tree, preventing us from doing that. So cealed carry permit. Carrying a con- Act is enacted every year to help make we worked it out to have this debate cealed weapon is a crime if those eligi- this a safer nation. This amendment and to talk about this amendment bility standards are violated and a cit- will not do that. I urge my colleagues today. But it ties in very closely to the izen of that State carries a concealed to vote against it. hate crimes amendment, the legisla- weapon. For example, 35 States pro- Mr. THUNE. Mr. President, I ask for tion we have had on the floor of the hibit those with criminal misdemeanor the yeas and nays. Senate for the last week when we convictions from obtaining a concealed The PRESIDING OFFICER. Is there a should have been talking about Defense carry permit. sufficient second? authorization issues. The Thune amendment would feder- There appears to be. But that being said, I will come back ally authorize an individual who has The question is on agreeing to to my basic fundamental point. This is been issued a concealed carry permit in amendment No. 1618. a commonsense amendment that one State the right to carry a con- The clerk will call the roll. strikes a balance between the constitu- cealed weapon in 47 other States, even The bill clerk called the roll.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7827 Mr. DURBIN. I announce that the thinks about things are his or her preme Court reversed 5 to 4, with all Senator from West Virginia (Mr. speeches, writings, and associations. nine Justices rejecting key reasoning BYRD), the Senator from Massachusetts Judge Sotomayor’s most widely of Judge Sotomayor’s court. (Mr. KENNEDY), and the Senator from known speech is, of course, her ‘‘wise In my view, the most astounding Maryland (Ms. MIKULSKI) are nec- Latina woman’’ speech, which was thing about the case was not the incor- essarily absent. given in various fora over the years. It rect outcome reached by Judge The PRESIDING OFFICER. Are there is clear that the often-quoted phrase is Sotomayor’s court—it was that she re- any other Senators in the Chamber de- not just a comment out of context but jected the firefighters’ claims in a siring to vote? is the essence of those speeches. mere one-paragraph opinion and that The result was announced—yeas 58, Judge Sotomayor’s central theme she continued to maintain in the hear- nays 39, as follows: was to examine whether gender and ings that she was bound by precedent [Rollcall Vote No. 237 Leg.] ethnicity bias a judge’s decision. Judge that the Supreme Court said did not YEAS—58 Sotomayor concludes they do, that it exist. Alexander DeMint McConnell is unavoidable. She develops this As the Supreme Court noted, Ricci Barrasso Dorgan Murkowski theme throughout the speech, includ- presented a novel issue regarding ‘‘two Baucus Ensign Nelson (NE) ing examining opposing arguments and provisions of Title VII to be inter- Bayh Enzi Pryor examining evidence that suggests that preted and reconciled, with few, if any, Begich Feingold Reid gender makes a difference. She then precedents in the court of appeals dis- Bennet Graham Risch Bennett Grassley Roberts quotes former Justice Sandra Day cussing the issue.’’ One would think Bond Gregg Sessions O’Connor’s statement that men and that this would be precisely the kind of Brownback Hagan Shelby Bunning Hatch women judges will reach the same deci- case that deserved a thorough and Snowe Burr Hutchison sion and, in effect, disagrees, saying thoughtful analysis by an appellate Tester Casey Inhofe she is not so sure. That is when she court. Thune Chambliss Isakson says she thinks a ‘‘wise Latina’’ would But Judge Sotomayor’s court instead Coburn Johanns Udall (CO) Cochran Johnson Udall (NM) reach a better decision. disposed of the case in an unsigned and Collins Kyl Vitter Her attempt to recharacterize these unpublished opinion that contained Conrad Landrieu Warner speeches at the committee hearing zero—and I do mean zero—analysis. Corker Lincoln Webb strained credulity. I will address this Some have speculated that Judge Cornyn Martinez Wicker Crapo McCain issue at greater length during the con- Sotomayor’s panel intentionally dis- firmation debate, but suffice to it say posed of the case in a short, unsigned, NAYS—39 that I remain unconvinced that she be- and unpublished opinion in an effort to Akaka Harkin Merkley lieves judges should set aside these bi- hide it from further scrutiny. Was the Bingaman Inouye Murray Boxer Kaufman Nelson (FL) ases, including those based on race and case intentionally kept off of her col- Brown Kerry Reed gender, and render the law impartially leagues’ radar? Did she have personal Burris Klobuchar Rockefeller and neutrally. views on racial quotas that prevented Cantwell Kohl Sanders Cardin Lautenberg Schumer Judge Sotomayor’s address to the her from seeing the merit in the fire- Carper Leahy Shaheen Puerto Rican ACLU, entitled ‘‘How fighters’ claims? Dodd Levin Specter Federal Judges Look to International Judge Sotomayor was asked about Durbin Lieberman Stabenow and Foreign Law under Article VI of her Ricci decision at length during the Feinstein Lugar Voinovich Franken McCaskill Whitehouse the U.S. Constitution,’’ also raises red confirmation hearing. Her defense, that Gillibrand Menendez Wyden flags. she was just following ‘‘established Su- NOT VOTING—3 In this speech, she inferred that for- preme Court and Second Circuit prece- eign law should be used but later testi- dent,’’ as I said, is belied by the Su- Byrd Kennedy Mikulski fied it should not. I will also discuss at preme Court’s opinion noting ‘‘few, if The PRESIDING OFFICER. Under length my concerns related to this any’’ circuit court opinions addressing the previous order requiring 60 votes matter during the confirmation debate the issue. for adoption of the amendment, the and the problems I have squaring her When I pressed Judge Sotomayor to amendment is withdrawn. testimony with the contents of this identify those controlling Supreme Mr. DURBIN. Mr. President, I move speech. The central point, of course, is Court and Second Circuit precedents to reconsider the vote. that it is completely irrelevant to con- that allegedly dictated the outcome in Mr. MENENDEZ. I move to lay that sider foreign law in U.S. courts. I don’t Ricci, she dissembled and ran out the motion on the table. believe Judge Sotomayor is suffi- clock. Her ‘‘answers’’ answered nothing The motion to lay on the table was ciently committed to this principle. and, in my opinion, violated her obliga- agreed to. Judge Sotomayor’s supporters argue tion to be forthcoming with the Judici- Mr. LEVIN. Mr. President, I ask that we should not focus on her speech- ary Committee. unanimous consent that Senator KYL es but on her ‘‘mainstream’’ judicial I am also concerned about Judge be recognized as in morning business record. They claim she agreed with her Sotomayor’s analysis—or lack therefor 10 minutes, and that Senator TEST- colleagues, including Republican ap- of—in Maloney v. Cuomo, a second ER then be recognized for 10 minutes. pointees, the vast majority of the time. amendment case that could find its The PRESIDING OFFICER. Without That may be true, but as President way to the Supreme Court next year. objection, it is so ordered. Obama has reminded us, most judges Maloney was decided after the Su- The Senator from Arizona is recog- will agree in 95 percent of the cases. preme Court’s landmark ruling in Dis- nized. The hard cases are where differences trict of Columbia v. Heller, which held SOTOMAYOR NOMINATION in judicial philosophy become appar- that the right to bear arms was an in- Mr. KYL. Mr. President, every Amer- ent. dividual right that could not be taken ican should be proud that a Hispanic I have looked at Judge Sotomayor’s away by the Federal Government. woman—one with a very impressive record in these hard cases and have In Maloney, Judge Sotomayor had background—has been nominated for found cause for concern. The U.S. Su- the opportunity to consider whether the Supreme Court. preme Court has reviewed directly 10 of that individual right could also be en- In evaluating a nominee, it is impor- her decisions—8 of those decisions have forced against the States, a question tant that the Senate examine all as- been reversed or vacated, another that was not before the Heller Court. pects of the individual’s career and his sharply criticized, and 1 upheld in a 5 In yet another unsigned opinion, Judge or her merit as a judge and not make to 4 decision. Sotomayor and two other judges held judgments on the basis of gender or The most recent reversal was Ricci v. that it was not a right enforceable ethnicity. DeStefano, a case in which Judge against States. It starts with the judge’s decisions Sotomayor summarily dismissed before What are the legal implications of and opinions. Also important to under- trial the discrimination claims of 20 this holding? State regulations lim- standing what an individual really New Haven firefighters, and the Su- iting or prohibiting the ownership and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7828 CONGRESSIONAL RECORD — SENATE July 22, 2009 use of firearms would be subject only and all Montanans, and especially our put aside recreation areas in this bill, to ‘‘rational basis’’ review. As Sandy forests, suffered for it. and I did. Lands will be set aside for Froman, a respected lawyer and former With help from my fellow Mon- both motorized and nonmotorized use. National Rifle Association president, tanans, we are working to fix that. Lastly, I am proud to set aside some said in her witness testimony, this is a That is why I am enormously proud to of Montana’s best hunting and fishing ‘‘very, very low threshold’’ that can carry forward their work in the Forest habitats for future generations with easily be met by a State or city that Jobs and Recreation Act. this bill. This bill will keep some spec- wishes to prohibit all gun ownership, Besides putting aside old battles, this tacular wild places with the cleanest even in the home. Thus, if Judge bill will help protect our communities water around you can imagine for our Sotomayor’s decision were allowed to from a crisis on Montana’s forest lands. kids and grandkids to hunt and fish stand as precedent, then States will, And make no mistake about it, Mon- and hike and camp, places such as the ironically, be able to do what the Fed- tana’s forest communities face a crisis. Sapphires in this picture, the eral District of Columbia cannot— Our forest crisis demands action, and it Snowcrests on Roderick Mountain, and place a de facto prohibition on the demands action now. lands next to our world famous Bob ownership of guns and other arms. For example, in the Beaverhead Marshall Wilderness. As we have seen, Judge Sotomayor’s Deerlodge National Forest in south- It is a new day when motorized users, testimony about her previous speeches western Montana, a shocking 660,000 timber mill owners, back-country and some of her decisions is difficult, if acres of lodgepole pine are dead—killed horsemen, hunters, fishermen, and con- not impossible, to reconcile with her by the mountain pine beetle. To put servationists all agree that it is time record. Similarly, her testimony about that in perspective, that is just shy of to set aside our differences for the sake the extent of her role with PRLDEF is 1,000 square miles. That is a big figure, of the forests and for the sake of our in tension with the evidence that we even for Big Sky country. And it is a communities. have. The New York Times has detailed number that is only on the rise. I have reached out to folks in west- her active involvement as recounted by What follows dead trees? Fire. As I ern Montana to get feedback on these former PRLDEF colleagues, who have speak, 200 firefighters are battling a issues. I have held listening sessions described Judge Sotomayor as a ‘‘top wildfire just a few miles southwest of throughout timber country, open to policy maker’’ who ‘‘played an active Deerlodge, MT, in those beetle-killed any and all Montanans who want to role as the defense fund staked out ag- trees. work together on a commonsense plan gressive stances.’’ While no amount of work in a forest for our future. What were the litigation positions could put a stop to the beetle kill, if Last weekend, I held a series of open advanced by PRLDEF during Judge enacted into law, this bill will help pro- meetings to announce the introduction Sotomayor’s tenure there? Well, it ar- tect our communities and our water of the bill and to hear more feedback. gued in court briefs that restrictions supplies from the threats of future for- I have invited Montanans to visit my on abortion are analogous to slavery. est fires. Web site—tester.senate.gov—to down- And it repeatedly represented plaintiffs On the Beaverhead Deerlodge Forest, load their own copy of the legislation. challenging the validity of employ- the bill mandates that an average of Folks can also click on color-coded ment and promotional tests—tests 7,000 acres a year be harvested. This maps to see for themselves exactly similar to the one at issue in Ricci. work will happen in the context of what we are proposing. And they can Unfortunately, I have not been per- larger stewardship projects aimed at sign up as citizen cosponsors of this suaded that Judge Sotomayor is abso- restoring fishing and hunting habitat. important legislation. Already, hun- lutely committed to setting aside her A council of local stakeholders will dreds of Montanans have signed on to biases and impartially deciding cases work with the Forest Service to help make their voices heard and to help based upon the rule of law. And I can- shape each of the projects, providing a put their shoulder to the wheel to get not ignore her unwillingness to answer voice to local folks in how we manage this bill moving. Senators’ questions straightforwardly. our forests. I can tell you, Montana is buzzing For these reasons, I oppose her nomi- The bill also addresses two districts with excitement about this proposal. nation. on two other forests in Montana—the Folks see it as an opportunity to work The PRESIDING OFFICER (Mrs. Three Rivers on the Kootenai and the together to support this ‘‘Made in Mon- HAGAN). The Senator from Montana. Seeley on the Lolo. Similar work will tana’’ solution to the conflicts that Mr. TESTER. Madam President, I occur in these places: big stewardship have stalemated us for far too long. ask unanimous consent to speak as in projects that are driven by local col- Working together, we will create morning business. laborations so our forests, and the jobs. Working together, we will create The PRESIDING OFFICER. Without communities within them, will be new opportunities for recreation. objection, it is so ordered. healthier in the end. Working together, we will protect Mon- FOREST JOBS AND RECREATION ACT OF 2009 Let me be clear. This bill will not tana’s clean water. And working to- Mr. TESTER. Madam President, I just help restore our forests and their gether, we will safeguard Montana’s rise today to call on the Senate to take watersheds, it will help restore our fishing and hunting habitat for our action on a bill I introduced last communities. It will put people back to kids and grandkids. week—the Forest Jobs and Recreation work in the woods, harvesting trees, Montanans are blessed to live among Act. rolling up roads, building bigger cul- some of this Nation’s finest public The Forest Jobs bill is a product of verts for fish, and tackling stream res- lands. We are willing to do our part to years of effort from Montanans who toration projects. help wisely manage and protect these worked together to find common A lot of mills have closed in Mon- lands. Now it is time for Congress to ground on how to best manage and pro- tana. We are at risk of losing more. If step up to the plate and do its part. tect our forests. These folks—mill own- we lose that infrastructure, we will suf- Madam President, I yield the floor. ers, conservationists, hunters and an- fer an even bigger loss. We will lose the The PRESIDING OFFICER. The Sen- glers, motorized users—have fought folks who know how to work in the ator from Mississippi. each other for decades. As little as 10 woods. Without their know-how, with- SOTOMAYOR NOMINATION years ago, their differences were so out the mills to process the byproduct Mr. COCHRAN. Madam President, great, they were so much apart that of their work, we will not be able to with respect to the nomination of they could not even be in the same tackle head on the years of work that Judge Sonia Sotomayor to be an Asso- room together. lie ahead—work to restore the woods ciate Justice on the U.S. Supreme In the meantime, forest management around our towns, to make them more Court, I find that I share many of the came to a virtual halt, a beetle epi- resilient to the fires that may one day concerns expressed by the distin- demic swept through our forests, and come. guished Senator from Arizona, Mr. not a single acre of wilderness was des- Of course, in Montana, we don’t just KYL. ignated in the State. Amid all the work in the woods, we play in them. First, I want to thank Senators shouting, no one got what they wanted, That is why Montanans asked me to LEAHY and SESSIONS for their handling

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7829 of the hearings in the Judiciary Com- given me reason to question her fidel- the path of least political resistance mittee on the subject of the Supreme ity to equal justice. for me—I choose to vote for Judge Court confirmation of Judge Unlike the Federal circuit court, Sotomayor because I believe she is well Sotomayor. Their meetings were both where she has served since 1998, a Jus- qualified. We are talking about one of informative and respectful, and I think tice on the Supreme Court is not nec- the most qualified nominees to be se- they appropriately reflected the tradi- essarily bound by existing legal prece- lected for the Supreme Court in dec- tions of the Senate. Both Judge dent. If confirmed, there would be no ades. She has 17 years of judicial expe- Sotomayor and the judicial confirma- higher court to deter Judge Sotomayor rience. Twelve of those years she was tion process were treated with the re- from making decisions that would be- on the Second Circuit Court of Appeals. spect they deserve. come the binding law of the land. For I have looked at her record closely. I The Senate’s constitutional role to these reasons, I intend to oppose her believe she follows precedent; that she advise and consent on Federal judicial nomination. has not been an activist judge in the nominations is one that all Senators I suggest the absence of a quorum. sense that would make her disqualified, take seriously. And I, like most Sen- The PRESIDING OFFICER. The in my view. She has demonstrated left- ators, have traditionally shown signifi- clerk will call the roll. of-center reasoning but within the cant deference to the President’s role The legislative clerk proceeded to mainstream. She has an outstanding in submitting to the Senate nominees call the roll. background as a lawyer. She was a for the Federal judiciary. It is a role Mr. GRAHAM. Madam President, I prosecutor for 4 years in New York. Her that the Senate shares with the Presi- ask unanimous consent that the order record of academic achievement is ex- dent. If a nominee was qualified by for the quorum call be rescinded. traordinary—coming up from very education, experience, and judicial The PRESIDING OFFICER. Without tough circumstances, being raised by a temperament, then that nominee objection, it is so ordered. single mother, going to Princeton, would likely be confirmed by the Sen- Mr. GRAHAM. Madam President, I being picked as the top student there, ate, regardless of the political party of ask unanimous consent to be recog- and doing an extraordinary job in law the President. nized for up to 30 minutes, although I school. She has a strong work ethic. But in recent years, we have seen doubt I will take that long. That all mattered to me. It is not just that standard dramatically altered. The PRESIDING OFFICER. Without my view that her legal reasoning was During the administration of President objection, it is so ordered. within the mainstream. She received George W. Bush, for example, several Mr. GRAHAM. Madam President, I the highest rating by the ABA—the well-qualified nominees from my State take to the floor to inform the Senate American Bar Association—as ‘‘well for positions in the Federal judiciary, and my colleagues about how I intend qualified.’’ including Charles Pickering, Michael to vote on the pending nomination of The reason I mention that is not be- Wallace, and Leslie Southwick, saw Supreme Court nominee Judge cause I feel bound by their rating, but their nominations opposed because of Sotomayor. I understand the path of during the Alito and Roberts confirma- political differences. For better or for least resistance for me personally tion hearings for the Supreme Court worse, a new standard for evaluating would be to vote no. That is probably under President Bush, I used that as a judicial nominees has emerged. true anytime you are in the minority positive for both those nominees. I feel, As has been well documented during party and you lose an election. But I as a Republican, I can’t use it one time her confirmation process, Judge feel compelled to vote yes, and I feel and ignore it the other. So the fact Sotomayor was confirmed to the U.S. this is the right vote for me and, quite that she received the highest rating Court of Appeals for the Second Circuit frankly, for the country in this case. from the American Bar Association by the Senate on October 2, 1998. I Why do I say that? Well, elections made a difference to me. voted in favor of her confirmation. have consequences. I told Judge Her life story, as I indicated before, However, a nomination to one of the Sotomayor in the hearing that if I had is something every American should be Federal Circuit Courts of Appeals is won the election, even though I wasn’t proud of. If her selection to the Su- not the same as a nomination to the running, or Senator MCCAIN had, she preme Court will inspire young women, Court of last resort, the highest Court would probably not have been chosen particularly Latino women, to seek a in our land, the U.S. Supreme Court. by a Republican. We would have chosen career in the law, that is a good thing, During her recent hearing, Judge someone with a more conservative and I hope it will. Sotomayor was asked several questions background—someone similar to a On balance, I do believe the Court regarding statements she had made in Judge Roberts or Miguel Estrada. She will not dramatically change in terms recent years. In writings and speeches, is definitely more liberal than a Repub- of ideology due to her selection. Jus- Judge Sotomayor repeatedly stated lican would have chosen, but I do be- tice Souter, whom I respect as an indi- that a judge’s personal experiences can lieve elections have consequences. vidual, has been far more liberal than I and will impact judicial outcomes. She It is not as though we hid from the would prefer in a judge. I think Justice has also argued that judges should American people during the campaign Sotomayor will not be any more liberal allow their personal sympathies and that the Supreme Court selections than he. On some issues, quite frankly, prejudices to influence their decision- were at stake. Both sides openly cam- she may be more balanced in her ap- making. She described the ideal of ju- paigned on the idea that the next proach, particularly when it comes to dicial impartiality as an aspiration she President would be able to pick some the war on terror, the use of inter- believes cannot be met in most cases. judges for the Supreme Court. That national law, and potentially the sec- These statements raise serious con- was known to the American people and ond amendment. But time will tell. I cerns regarding the lack of commit- the American people spoke. am not voting for her believing I know ment to the notion of equal justice In that regard, having been one of how she will decide a case. I am voting under the law. the chief supporters of Senator MCCAIN for her because I find her to be well Judge Sotomayor’s responses to and one of the chief opponents of then- qualified, because elections matter, questions about these comments have Senator Obama, I feel he deserves some and because the people who have served failed to alleviate my concerns about deference on my part when it comes to along her side for many years find an whether she would apply the law in an his first selection to the Supreme extraordinary woman in Judge evenhanded manner. It is the responsi- Court. I say that understanding, under Sotomayor, and I confirm their find- bility of the Senate to make certain our Constitution, I or no other Senator ings. that those who are confirmed to the would be bound by the pick of a Presi- What standard did I use? Every Sen- Supreme Court not only are fully dent. But when you look at the history ator in this body, at the end of the day, qualified by reason of experience and of this country, generally speaking, has to decide how to give their advice training but also that they show a great deference has been given to that and consent. One of the things I chose commitment to equal justice under the selection by the Senate. not to do was to use Senator Obama’s law. Some of Judge Sotomayor’s state- While I am not bound to vote for standard when it came to casting my ments during the last decade have Judge Sotomayor—voting no would be vote for Judge Sotomayor. If those who

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7830 CONGRESSIONAL RECORD — SENATE July 22, 2009 follow the Senate will recall, Senator leagues—and I am sure Republicans that has become famous, that she be- Obama voted against both Judge Alito have made our fair share of mistakes lieves more often than not that a wise and Judge Roberts, and he used the ra- when it comes to judges—that this ef- Latina woman with her experience and tionale that they were well qualified; fort, not too far in the past, of filibus- background would reach a better con- that they were extraordinarily intel- tering judges, declaring war on the Ju- clusion than a White male—we had a lectually gifted; but the last mile in diciary, has hurt this body. In my opin- long discussion about how that does the confirmation process, when it came ion, the politicization of our Judiciary not set well with most Americans and to Judge Roberts, was the heart. Be- has to stop for the good of this coun- that is not what we want to be ex- cause 5 percent of controversial cases try, for the good of the Senate, and for pressed by people trying to become Su- may change society, one has to look the good of the rule of law in America. preme Court nominees. and see what is in a judge’s heart. What am I trying to do today? I am But having said that, do we want to I totally reject that. If the Senate trying to start over. The political exclude from consideration people with tries to have a confirmation process ‘‘golden rule’’ is: Do unto others as boldness, who are edgy? Do we want where we explore another person’s they did unto you. The actual Golden milk toast nominees who are afraid to heart, I think we are going to chill out Rule is: Do unto others as you would speak their minds and to disagree with people wanting to become members of have them do unto you. I hope we can their fellow citizens? I think not. the judiciary. Who would want to come get back to the more traditional sense Her speeches, while troubling, have before the Senate and have us try to of what the Senate has been all about. to be looked at in terms of her record. figure out what is in their heart? Can That brings me back to the recent When we look at this 17-year record we you imagine the questions we would be past. will find someone who has not carried allowed to ask? I think it would have a This body was on the verge of blow- out that speech. I will take her at her tremendous chilling effect on the fu- ing up. Our Democratic colleagues were word. She rejected this idea of picking ture recruitment of qualified can- filibustering President Bush’s nomi- winners and losers and was very main- didates to be judges. Let me say this: nees for the appellate court, and even stream in her understanding of the role Judge Sotomayor agreed with me and the Supreme Court, in a fashion never of a judge. She understood the dif- Senator KYL that trying to find out known by the body. There was an effort ference between a policymaker and a what is in a judge’s heart is probably by frustrated Republicans to change judge. I will take her at her word. I not a good idea. the rules so all you needed was a ma- cannot understand her heart any more Senator Obama also indicated that jority vote to get on the bench—the than she can understand mine. The judicial philosophy and ideology were Supreme Court. This body, for a couple speeches are troubling, but I guarantee outcome determinative when it came hundred years, had not gone down that I have made some speeches that are to Judge Alito. If I used his standard, road. A Gang of 14 was created—7 Re- probably troubling to people on the knowing that her philosophy is dif- publicans and 7 Democrats—and they other side. I hope they would look at ferent than mine, her ideology is dif- tried to find a better way; they tried to everything I have done, not just the ferent than mine, she would have no get the Senate back to a more reasoned speeches I may have given. hope of getting my vote. I daresay not position. That Gang of 14—the 7 Demo- Her time as a lawyer—this is very one Republican, using the Obama crats and 7 Republicans—said filibus- important to me. During the Alito and standard, would provide her with a con- tering judges should only be done in an Roberts hearings, they were pushed firmation vote. So I decided to reject extraordinary circumstance. We left hard about some legal memos they that because I believe it is not in the that up to the Members of the body, wrote for Ronald Reagan espousing long-term interest of the Senate or the but we were focusing on someone who conservative thought and how that judiciary. was clearly out of the mainstream made them dangerous. How dare you I went back to a standard I think has when it came to judging. write a memo about the Civil Rights stood the test of time—the qualifica- If you look at Judge Sotomayor’s Act that somebody on the other side tions standard. Is this person qualified record for 17 years, it is left of center may disagree with? Lawyers who advo- to sit on the Court? Are they a person but not the record of someone who is cate positions should not feel chilled in of good character? Do they present an wearing a robe but under the robe is an terms of picking their clients if they extraordinary circumstance—having activist. An extraordinary cir- hope to be a judge. The worst thing we something about their life that would cumstance would be somebody clearly could do is take a lawyer’s advocacy make them extraordinary to the point not qualified—a pick that is political position, their clientele, and hold it they would be unqualified? There was a in nature alone. against them for being a judge. time in this country where a Justice, I am glad to say my colleagues on She was a board member of the Puer- such as Justice Ginsburg, who is clear- the Democratic side and the Repub- to Rican Legal Defense Fund. Some ly left of center, received 90-something lican side who were part of that people say we should not talk about votes in this body. There was a time in group—and they are still here—did not her time as a lawyer or even mention this country, not long ago, where a see an extraordinary circumstance. I that organization. I do not believe that conservative judge, such as Justice would like to compliment Senator SES- at all because when I am looking at Scalia, received over 95 votes from this SIONS, who did a very fine job in this this nominee, I am looking at every as- body. Every Democrat who voted for hearing. He has acknowledged there is pect of her life. Justice Scalia could not have been nothing extraordinary about this nomi- During her time as a board member, fooled as to what they were getting. nee for the Republican Party to try to the board and the organization advo- They were getting an extremely quali- block her through filibustering. I think cated positions I think are out of the fied, talented, intellectual man who that is a correct assessment. mainstream, that I do not agree with, was qualified for the job but had a dif- But then it comes down to the indi- but certainly are legitimate positions ferent philosophy from most Demo- vidual vote. I have tried to indicate the to take—such as taxpayer-funded abor- crats. Someone on our side of the aisle best I can that I desire, as a Senator, tion. I could not disagree with her who voted for Justice Ginsburg had to to find a new way to start over and get more. I don’t think most Americans know what they were getting. They back to a Senate that is more rational want their taxpayer dollars to be used were getting someone who was very in its approach when it comes to con- to fund abortion. The Puerto Rican talented, extremely well qualified, in- firmations. Legal Defense Fund argued to the credibly smart, and who was general Having said that, to my colleagues court that if we do not allow taxpayer- counsel for the ACLU. You had to know who vote no, I understand your con- funded abortion for poor women, it is a what you were getting, but you under- cerns and there are things about this form of Dred Scott kind of oppression. stood that President Clinton, in that nominee that are troubling. The I could not disagree more, but that is case, had the right to make that deci- speeches she has given in the past are not the point. Disagreeing with me is sion. troubling because I think they embrace OK. What happened to those days? I identity politics, something I don’t em- What I hope will happen in the future would say to my Democratic col- brace. The ‘‘wise Latina’’ comment is, if a conservative gets into the White

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7831 House, and we pick someone who was that is where we are headed if we don’t that my country is moving in the right on the other side of that case, we will watch it. Special interest groups are direction when anybody and everybody have the same understanding I do: important, they have their say, they can hit it out of the park. I would not being an aggressive advocate for causes have every right to have their say, but have chosen her if I had to make this I disagree with does not disqualify we can’t make every Supreme Court choice as President, but I understand them from being a judge, if otherwise vacancy a battle over our culture. why President Obama did choose her they have demonstrated the capability. I am trying to start over. I have only and I am happy to vote for her. The advocacy role of a lawyer is been here one term plus a few months. I yield the floor. unique. I have represented people with But since I have been here, I have been I suggest the absence of a quorum. whom I disagreed. I have represented worried about where this country is The PRESIDING OFFICER. The people accused of child molesting. I going when it comes to judges. I hap- clerk will call the roll. have been a criminal defense lawyer. pen to be here at a time when we are The assistant legislative clerk pro- There is nothing more noble in our sys- about to change the rules of the Senate ceeded to call the roll. tem than making the government in a way it had never been done in 200 Mr. ENSIGN. I ask unanimous con- prove their case regardless of how one years. I was new to the body, but I was sent that the order for the quorum call feels about the defendant. understanding of the law and how our be rescinded. The fact that she was an advocate, system works well enough to know The PRESIDING OFFICER. Without choosing causes I disagree with, does that I did not want to be part of that. objection, it is so ordered. not, in my opinion, disqualify her be- I had not been here long, but I under- ORDER FOR RECESS cause, when I looked at her record, I stood what would happen to this coun- Mr. ENSIGN. Madam President, I ask did not see a judge who was continuing try if we changed the rules of the Sen- unanimous consent that at 1:45 today, to be a lawyer for the Puerto Rican ate, even though people felt frustrated the Senate stand in recess for 10 min- Legal Defense Fund. I saw a judge who and justified to do so. utes. felt bound by the law. As a member of the minority, I prom- The PRESIDING OFFICER. Without Temperament—for those Members ised President Obama that I would look objection, it is so ordered. who have practiced in court, I do not hard at his nominees. I will try to help Mr. ENSIGN. Madam President, I rise like a bully judge, and I know it when him where I can, but I will not abandon to talk about a bipartisan amendment I see it. I don’t mind being pressed, I the right to say no and to stop, in an on military voting, a bill I have co- don’t mind being challenged, I don’t extraordinary circumstance, a nominee sponsored, because counting every vote mind being interrupted. I just do not who I think would be bad for the coun- in our elections is the foundation of want to be belittled in front of my cli- try and would dramatically change the our democracy. I thank Senators SCHU- ents for no good reason. power of a branch of the government, MER, BENNETT, CHAMBLISS, and CORNYN There were some things said about the Supreme Court, that is very impor- for their work on this matter. Judge Sotomayor, anonymous com- tant to every American. This is a long overdue measure to ad- ments from lawyers who were asked by As to my colleagues who find a dif- dress the problems that our uniformed the Federal Almanac how they rate the ferent decision on the Republican side, service men and women face in exer- temperament of people on the Second I can understand and appreciate why cising their constitutional right to Circuit, and Judge Sotomayor had they did not feel comfortable giving take part in elections, a right for some things said that were, frankly, their confirmation votes to Judge which they so bravely fight to protect. disturbing. But I looked at the other Sotomayor. But I am trying to look be- Military personnel have encountered part of the record, the people who yond this moment, look to the future many problems in recent elections. served with her as a prosecutor, the de- and come up with a reason to support They have trouble receiving timely in- fense attorneys who wrote on her be- her that will create a different way of formation about elections in their half, people who served with her on the doing business, that will help the judi- home States. They have trouble reg- court, and I found on balance that her ciary, the Senate, and the country as a istering and obtaining absentee ballots. temperament does not disqualify her. whole. They have trouble preparing ballots. Frankly, I found somebody a lot of peo- Senator SESSIONS did an outstanding Most of all, they have trouble return- ple from different backgrounds admire. job. Senator LEAHY did a very good job. ing the ballot to local election officials Ken Starr, one of the strongest con- People wanted to know more about her in time for their vote to be counted. servatives in the country, found her to at the hearings, but she is limited, like It has been a national embarrass- be a qualified person who would do a every nominee, in terms of what she ment to read news stories of military good job; Louis Freeh, the former Di- can say. ballots that have been delayed. Despite rector of the FBI, is someone who came One last comment about Judge the best efforts of those voters, those and vouched for her character and her Sotomayor. She is 1 year older than I votes were not counted. Those military qualities as a person. am. I grew up in the Deep South. I am voters were disenfranchised from the When I look at the record, the anony- the first person in my family to go to same democracy they are charged with mous comments by lawyers who were college. I lost my parents when I was in protecting because of administrative asked by Federal Legal Service did not college and had a 13-year-old sister to redtape. win the day, nor should they have. raise. According to a Pew Charitable Trust I do not know what is ahead for this She grew up in the Bronx, came to study, one-third of States do not pro- country when it comes to picking Su- this country from Puerto Rico. Her vide military voters stationed abroad preme Court Justices. I don’t know mother joined the Army. She lost her enough time to vote. Additionally, it what openings may occur and when dad when she was very young. Her found that 25 States and the District of they will occur. I know this. Elections mother raised Judge Sotomayor and Columbia need to improve military ab- have to matter. I don’t want to invali- her brother under difficult cir- sentee voting to ensure our men and date elections by disagreeing with cumstances. Her brother is a doctor. women stationed around the globe can someone against whom I ran or I op- She has been able, Judge Sotomayor, participate in the democratic process. posed politically because when the to excel academically and reach the While it concluded that my home State election is over, everything has to highest rung of America’s legal system. of Nevada gave its voters enough time change to some extent. I am not bound That, to me, is a hell of a story. No- to vote, there are still steps that could to agree with every pick of President body in my family ever expected me to be taken to make the process simpler. Obama, but when it comes to trying to be a United States Senator—including Providing half of the country with in- show some deference, I will. I will try myself. Only in America can these sufficient time is entirely unaccept- to do better for him than he was able things happen. able. to do for President Bush. I choose to vote for Judge Sotomayor This study went on to say that by al- I don’t want to turn over the con- looking at her from the most opti- most every measure, military and over- firmation of judges to special interest mistic perspective, understanding I seas voting participation is much lower groups on the left or the right, and could be wrong but proud of the fact than the general population. In 2006,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7832 CONGRESSIONAL RECORD — SENATE July 22, 2009 voter turnout was approximately 20 men and women who put their lives on imprisonment, while the House of Rep- percent for military voters as opposed the line for you and me to protect our resentatives is exhibiting to the Senate to approximately 40 percent for the country are certainly no exception. It of the United States, Articles of Im- general population. These statistics il- is time that we take steps to protect peachment against Samuel B. Kent, lustrate that those who are fighting to their right to vote. former Judge of the United States Dis- protect our democracy are not being I encourage my colleagues to make trict Court for the Southern District of afforded the opportunity to participate sure that this particular amendment is Texas. in it. included in the Defense authorization The PRESIDING OFFICER. The Sec- Both the Department of Defense and bill. This is critical ahead of the elec- retary for the majority. State and local election officials have tion so States have time to prepare and The SECRETARY FOR THE MAJOR- not done enough to address these prob- every person in the military who wish- ITY. Mr. President, I announce the lems. The Military and Overseas Voter es to exercise their right to vote is al- presence of the managers on the part of Empowerment Act of 2009 would ad- lowed to do so and their vote is count- the House of Representatives to con- dress some of these problems to help ed in time for the 2010 elections. tinue proceedings on behalf of the military personnel have their votes f House concerning the impeachment of count. The bill establishes new require- Samuel B. Kent, former Judge of the ments for the States and for the De- RECESS United States District Court for the partment of Defense to make it easier Mr. ENSIGN. I ask unanimous con- Southern District of Texas. for military and overseas voters to par- sent that the Senate stand in recess, as The PRESIDING OFFICER. The ticipate in elections. The key require- under the previous order. managers on the part of the House will ment is for States to allow sufficient There being no objection, the Senate, be received and assigned their seats. time for these voters who are overseas at 1:43 p.m., recessed until 1:56 p.m., The managers were thereupon es- to receive their ballots, vote, and re- and reassembled when called to order corted by the Sergeant at Arms of the turn them in time to be counted. by the Presiding Officer (Mrs. HAGAN). Senate, Terrance W. Gainer, to the well of the Senate. Other provisions in the bill include f having States provide online and fax The PRESIDING OFFICER. The ma- systems to deliver registration and ab- QUORUM CALL jority leader of the Senate is recog- sentee ballots; making the Department Mr. DURBIN. Madam President, I nized. of Defense provide improved ballot de- suggest the absence of a quorum. Mr. REID. Mr. President, at this time livery and mail service for troops; and The PRESIDING OFFICER. The the oath should be administered in con- having the Department of Defense pro- clerk will call the roll. formance with article I, section 3, vide improved Federal voting assist- The legislative clerk proceeded to clause 6 of the Constitution and the ance such as designating and training call the roll, and the following Sen- Senate’s impeachment rules to those voter assistance officers and providing ators entered the Chamber and an- Senators who were not in the Chamber registration and absentee ballot infor- swered to their names: while the Articles of Impeachment were presented. mation at every installation. While [Quorum No. 3 Leg.] these are challenges, they are not in- The PRESIDING OFFICER. Are there Akaka Dorgan McConnell Senators who were not present? surmountable, especially when we con- Alexander Durbin Merkley sider the outcome—providing the men Barrasso Enzi Murkowski Senators shall now be sworn: Do you and women in uniform with the oppor- Bennet, Colorado Feingold Murray solemnly swear that in all things ap- Bennett, Utah Franken tunity to vote. We, as Americans, owe Pryor pertaining to the trial of the impeach- Bingaman Gillibrand Reed, Rhode ment of Samuel B. Kent, former Judge them that opportunity. Bond Graham Island My office has been in touch with the Boxer Gregg Reid, Nevada of the United States District Court for office of the Secretary Of State of Ne- Brownback Hagan Risch the Southern District of Texas, now Bunning Inhofe Roberts pending, you will do impartial justice vada to continue to work through Burr Inouye Sessions these challenges. Implementing these Burris Isakson according to the Constitution and laws. Shaheen changes will not be simple. My col- Cantwell Johanns So help you God. Cardin Kaufman Specter leagues and I have modified the bill to Tester SENATORS: I do. Casey Klobuchar Mr. REID. The Secretary will note address some of these concerns and will Chambliss Kohl Udall, New continue to work with our States and Coburn Kyl Mexico the names of the Senators who have Vitter localities going forward. Cochran Leahy been sworn today and will present to Corker Levin Voinovich them for signing the book which is the For example, the original version of Cornyn Lieberman Warner the bill focused attention on the steps Crapo Martinez Webb Senate’s permanent record of the ad- that States must take, even though we DeMint McCain Whitehouse ministration of the oath. know that many States, such as Ne- Dodd McCaskill Wicker The following named Senators are re- vada, have local election officials who The PRESIDING OFFICER (Mr. corded as having subscribed to the oath carry out important election activities. INOUYE). A quorum is present. this day: BENNET We never had any intention of reaching f into States and rearranging that rela- COCHRAN FRANKEN tionship. That is why the Rules Com- DISMISSAL OF ARTICLES OF IM- PEACHMENT AGAINST SAMUEL ROBERTS mittee modified the bill to clarify that The PRESIDING OFFICER. The election responsibilities identified in B. KENT, JUDGE OF THE UNITED STATES DISTRICT COURT FOR managers on the part of the House will the bill can, of course, be delegated to now proceed. the appropriate local election officials. THE SOUTHERN DISTRICT OF TEXAS Representative SCHIFF. Mr. Presi- The negotiation process is ongoing be- dent, following the resignation of cause the objective of ensuring that The PRESIDING OFFICER. Under Judge Samuel B. Kent effective June military votes are counted on election the previous order, the Senate will con- 30, 2009, the House adopted the fol- day is so critical. vene as a Court of Impeachment in the lowing resolution directing the man- I fully expect we will find new issues trial of Samuel B. Kent, former United agers to request on the part of the to work through, but we must keep our States District Judge for the Southern House that the Articles of Impeach- eyes on the main goal—improving the District of Texas. ment be dismissed, which, with the per- system to protect the voting rights of The Sergeant at Arms will make the mission of the President of the Senate, our military personnel. There are few proclamation. I will read: rights we exercise greater than choos- The Sergeant at Arms of the Senate, H. Res. 661 in the House of Representatives, ing our own elected officials. We can- Terrance W. Gainer, made the procla- U.S., July 20, 2009. not call ourselves a democracy if we do mation, as follows: Resolved, That the managers on the part of not count the votes of our citizens in Hear ye! Hear ye! All persons are the House of Representatives in the impeach- elections of government officials. The commanded to keep silent, on pain of ment proceedings now pending in the Senate

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7833 against Samuel B. Kent, formerly judge of and the House of Representatives, the Throughout my career in public serv- the United States District Court for the Chairman and Vice Chairman and all of ice, I have been a strong believer in Southern District of Texas, are instructed to the members of the Impeachment Trial education as a powerful force to shape appear before the Senate, sitting as a court Committee for their willingness to un- lives—to give people the tools they of impeachment for those proceedings, and advise the Senate that, because Samuel B. dertake this task. I ask unanimous need and the inspiration that will help Kent is no longer a civil officer of the United consent that the Impeachment Trial them succeed. States, the House of Representatives does Committee on the Articles Against But even when we see an improve- not desire further to urge the articles of im- Judge Samuel B. Kent be terminated. ment in scholastic performance at the peachment hitherto filed in the Senate The PRESIDING OFFICER. Without national level, certain groups of stu- against Samuel B. Kent. objection, it is so ordered. dents continue to fall further and fur- Mr. President, pursuant to the terms Mr. REID. That concludes the pro- ther behind. of the said resolution, the managers on ceedings on the trial of the impeach- Many children of Federal employees, the part of the House, by direction of ment of Judge Samuel B. Kent. As including military personnel, fall into the House of Representatives, respect- such, I move that the Court of Im- one of these groups. fully request the Senate to discontinue peachment stand adjourned sine die. Military installations—and other the proceedings now pending against The PRESIDING OFFICER. Without Federal facilities—occupy land that Samuel B. Kent, former Judge of the objection, it is so ordered. might otherwise be zoned for commer- United States District Court for the Mr. REID. Mr. President, I note the cial use. Southern District of Texas. absence of a quorum. Because of this, local school districts The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The suffer from a reduced tax base to fund jority leader of the Senate. clerk will call the roll. their expenses. Mr. REID. Mr. President, as the Ser- The legislative clerk proceeded to This limits the amount that can be geant at Arms advised the Senate prior call the roll. spent in the classroom and leaves stu- to the July 4 recess, following the serv- Mr. MCCONNELL. Mr. President, I dents at a serious disadvantage com- ice of the summons on Judge Kent by ask unanimous consent that the order pared with children in neighboring the Sergeant at Arms on June 24, 2009, for the quorum call be rescinded. towns. Judge Kent tendered his resignation as The ACTING PRESIDENT pro tem- In North Chicago, IL—the home of a United States District Judge, effec- pore. Without objection, it is so or- the Great Lakes Naval Training Cen- tive June 30, 2009. At the direction of dered. ter—only half of the 4,000 students the Senate, the Secretary delivered Mr. MCCONNELL. Mr. President, I meet or exceed State standards. Even with some Federal assistance, Judge Kent’s original statement of res- ask unanimous consent to proceed as North Chicago’s School District 187 is ignation to the President. On June 29, in morning business. able to spend just under $7,000 per stu- 2009, counsel to the President accepted The ACTING PRESIDENT pro tem- dent, per year. Judge Kent’s resignation on behalf of pore. Without objection, it is so or- But nearby District 125 has the re- the President. The House of Represent- dered. sources to spend nearly twice as much atives has now moved that the Senate The ACTING PRESIDENT pro tem- per pupil, and the school performs dismiss the Articles of Impeachment. pore. The Republican leader is recog- among the best in the State. nized. Mr. President, I have conferred with An increase in impact aid funding (The remarks of Mr. MCCONNELL the distinguished Republican leader, would help to level this playing field, pertaining to the introduction of S. Mr. MCCONNELL, and with the distin- ensuring that the children of our sol- 1493 are located in today’s RECORD guished Chairman and Vice Chairman diers, sailors, airmen and marines are under ‘‘Statements on Introduced Bills of the Impeachment Trial Committee not at a disadvantage because of their and Joint Resolutions.’’) on the Articles Against Judge Samuel parents’ service. B. Kent appointed by the Senate, the The ACTING PRESIDENT pro tem- Impact aid funds are delivered di- Senator from Missouri, Mrs. pore. The Senator from Illinois is rec- rectly to the school districts in need, MCCASKILL, and the Senator from Flor- ognized. so they do not incur administrative ida, Mr. MARTINEZ. All are in agree- f costs at the State level. ment that, with the resignation of NATIONAL DEFENSE AUTHORIZA- This makes it one of the most effi- Judge Kent, the purposes of the TION ACT FOR FISCAL YEAR cient—and effective—Federal edu- House’s prosecution of the Articles of 2010—Continued cation programs. Impeachment against Judge Kent have Scott Air Force Base is located near been achieved. Judge Kent is no longer Mr. BURRIS. Mr. President, I rise to Mascoutah, IL—a community whose serving on the Federal bench, and he speak on the National Defense Author- schools receive impact aid funding. has ceased drawing his judicial salary. ization Act, S. 1390. The local school district is able to It is agreed that no useful purpose Mr. President, as a member of the spend only $6,000 per year on each would now be accomplished by pro- Armed Services and Veterans Affairs child, but 90 percent of the students ceeding further with the impeachment committees, I have addressed this meet or exceed State standards. proceedings against Judge Kent. Chamber many times about the need to If these are the results that some Accordingly, I now move that the keep our Nation’s commitment to the students can achieve with only $6,000 Senate order that the Articles of Im- brave men and women who-fight for per year, imagine how well peachment against former Judge Sam- this country. Mascoutah’s schools might perform uel B. Kent be dismissed and that the It is a commitment that begins on with even a small increase in available Secretary be directed to notify the the day they volunteer for military funds. House of Representatives of this order. service, and it extends through the day It is impressive that school districts The PRESIDING OFFICER. The they retire and beyond. like North Chicago and Mascoutah are question is on agreeing to the motion But just as we work to uphold our ob- able to operate as effectively as they to dismiss the Articles of Impeach- ligation to servicemembers who are in do, especially when compared to the ment. harm’s way, we need to offer strong national per-pupil expenditure of $9,700 The motion was agreed to. support to those who they leave here at per student. Mr. REID. Mr. President, I move to home. Mr. President, it is vital that we tar- reconsider the vote by which the mo- Military families bear a burden that get Federal assistance to those who tion was agreed to. must not be forgotten. They, too, de- need it most. Mr. MCCONNELL. I move to lay that serve our utmost gratitude. That is why I am proud to be a mem- motion on the table. Mr. President, that is why we must ber of the Senate impact aid coalition, The motion to lay on the table was increase funding for impact aid, a pro- a group of 35 Senators devoted to pro- agreed to. gram which, in part, provides assist- tecting this important program. Mr. REID. Mr. President, I wish to ance to school districts that serve mili- And that is why I believe that the $50 thank, on behalf of the entire Senate tary families. million we have set aside for schools

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7834 CONGRESSIONAL RECORD — SENATE July 22, 2009 that are heavily impacted by military try to shop for their health insurance tion industry, the unions, the plain- students is a step in the right direction in any State in the country, just like tiff’s attorney? All of those are rep- in our commitment to military fami- other products and services, to have a resented and protected in this so-called lies. competitive national market, which so health reform legislation that does It is time to make sure all children many on the other side have called for. nothing to help individuals access af- have access to a quality education, re- The big insurance companies that have fordable personal policies for them- gardless of who they are or where they State-by-State monopolies opposed selves. are from. that bill. Senator Barack Obama and When the President was in the Sen- I applaud Chairman LEVIN and Rank- the Democrats voted with the big in- ate, I personally every year proposed ing Member MCCAIN for their support surance companies and against Ameri- major health care reform. I proposed of this funding in the past—and for in- cans’ ability to buy health insurance that individuals who do not get their cluding funding in the fiscal year 2010 anywhere in the country. insurance at work at least get to de- Defense authorization bill. Republicans are not standing with duct the cost of that insurance from This funding will be significant to special interests. Look at the proposals their taxes, as we let businesses do. military children across the country. that have been put on the table in the Barack Obama voted against that, and To students in North Chicago, House and Senate by the Democrats, so did my Democratic colleagues. Mascoutah, O’Fallon, and Rockford— which the President will be advocating I proposed that individuals be al- and hundreds of communities in Illi- when he speaks tonight. Let’s see what lowed to buy health insurance any- nois and over 260,000 students in 103 party is representing special interests. where in the country so that it would school districts across the United First of all, the abortion industry, be more affordable, more competitive. States. Planned Parenthood, and other organi- Barack Obama voted against that, and We owe them the same support we zations that make their money per- so did my Democratic colleagues. continue to show to their parents in forming abortions—their interests are Republicans proposed small busi- uniform. And it is time to step up our efforts clearly represented in this bill. This nesses come together and buy health to meet that commitment. proposal the President is advocating care less expensively so they could pro- Mr. President, I yield the floor. would require that health insurance vide more health insurance to their The ACTING PRESIDENT pro tem- plans cover elective abortions in this employees. Barack Obama voted pore. The Senator from South Carolina country, which means taxpayers who against that, and so did my Democratic is recognized. are morally opposed to abortion will be colleagues. Mr. DEMINT. Mr. President, I ask forced to subsidize insurance plans that I ask you: Which party is standing unanimous consent to speak for 10 min- pay for abortion. for the status quo of trying to keep utes as in morning business. I ask my colleagues, who is rep- things the same? Real health care re- The ACTING PRESIDENT pro tem- resenting special interests? Who is rep- form has been proposed in the Senate pore. Without objection, it is so or- resenting the abortion industry in this many times by Republicans. But the dered. debate? truth is, the Democrats do not want in- HEALTH CARE REFORM What about who loses their health dividual Americans to have access to Mr. DEMINT. Mr. President, I will re- care coverage in these new plans that affordable health insurance. What they turn to the issue of health care in have been proposed? The independent want is a government takeover of America, the reform of our health care Lewin Group has looked at these pro- health care. The President has made system, and how we help Americans posed plans by my Democratic col- that clear by his own voting record. find the health insurance that is af- leagues in the House and Senate, and As he holds his press conference to- fordable to every family. they concluded that 80 million Ameri- night, I am sure the crowd will be load- It is important, as we talk about cans who have health insurance that ed with friendly reporters, but there this, that we get the facts out on the they now like will lose it under this are a few questions I would like him to table. I am glad to see this has become current proposal. answer. an issue that is front and center. I But who is protected? Who would not If the major provisions in this health know the President called for a press lose their health insurance? It is union care bill he is promoting do not take conference tonight to talk about his vi- members who are protected. Do we effect until 2013, which they don’t, why sion of health care. I want to set the think that has anything to do with pol- this mad rush to pass a bill that is over record straight on a number of things itics—that the average American will 1,000 pages that no one in this body has that have been said that I think are po- lose their health insurance but the read? Why the mad rush to pass it be- litically motivated and, obviously, unions that support the Democratic fore we go home for the August break? don’t represent the truth. Party are protected? Who is standing I can answer it for him. Because if My colleagues on the other side of up for special interests in this health Americans find out what is in it, they the aisle, including the President, have care debate? are not going to support it. talked about Republicans representing Let’s talk about the plaintiffs’ attor- I have a second question: You said the status quo on behalf of big special neys. One of the biggest problems in your health care bill will cut costs and interests, and they have accused us of health care today is what doctors call not increase the deficit. But the inde- representing the big insurance compa- defensive medicine—running all kinds pendent analysis of the nonpartisan nies, when, in fact, the voting record in of unnecessary tests so they avoid all Congressional Budget Office con- the Senate has proved the exact oppo- these expensive lawsuits. We have tradicts those claims, saying it will site. talked for years about reforming the raise costs and increase the deficit by When the President was in the Sen- health care system to eliminate these $240 billion. The policy does not sup- ate, and when we, as Republicans, pro- wasteful, frivolous lawsuits that cost port the promise. posed health care reform—which we did so much money, and every doctor and A third question: The President has many times while the President was a hospital has to have huge liability poli- repeatedly said that the health care Senator—the President and my Demo- cies for the cost of the lawsuits that bill will allow Americans who like cratic colleagues voted with the big income every year. You would think a their current plans to keep them. But surance companies. We had one pro- health care reform proposal would have as I said, an independent expert group, posal that would allow small busi- some lawsuit abuse reform in it. But the Lewin Group, has analyzed this leg- nesses to come together to buy health who is protected? What special inter- islation and concluded that it will insurance for their employees at a ests are protected in this health care force over 80 million Americans to lose lower price. The big insurance compa- proposal? The plaintiffs’ attorneys. the health insurance they have today. nies opposed that, but the Democrats There is absolutely no tort reform, no Question No. 4: The President said voted with the big insurance companies reform of abusive lawsuits in this plan. the other day when he was speaking at and against the reform proposals. So I ask my colleagues: Who is rep- Children’s Hospital that opponents of I put forth a proposal that would resenting the special interests here— the plan are content to perpetuate the have allowed individuals in this coun- the big insurance companies, the abor- status quo. How does that compare

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7835 with your record, Mr. President, when starts attacking Democrats, I think ment-run health care system that you were in the Senate? What health people have to understand that very helps our poor kids. Does he want to reform did you propose? Why did you Senator was quoted in the press as say- bring it down? Why doesn’t he try to do vote against every health reform pro- ing that essentially we can break that? See where the votes are. And last posal that could have increased access Barack Obama if we destroy his push but not least, Medicare. Medicare is a to affordable health insurance for all for health care. He said it will be his single-payer system, government run, Americans? Waterloo. very low overhead costs. Our seniors And just a yes-or-no question: Will I support my colleagues’ right to say love Medicare. Does my friend want to you guarantee that pro-life Americans what they want. They will be judged by bring down that government health under your plan will not be forced to what they say. They will be judged by care system? subsidize elective abortions? what is in their heart. They will be This is ridiculous. There is no plan I hope the President will answer judged on how they act. But we are that is moving forward that is a gov- some of these questions for the Amer- here to take care of the American peo- ernment takeover. Yes, we keep vet- ican people because I am convinced ple, not to bring down a President or erans health care going and military that if Americans know the truth raise up a President. Our job is to rep- health care going. Yes, we keep SCHIP about this legislation, they will con- resent the people who sent us here. It for the kids going. Yes, Medicaid. Yes, clude this is not about getting them af- is not to break a President. It is not to veterans. But we don’t expand that ex- fordable health insurance or access to play politics with one of the most im- cept to say as we go out to the Amer- quality health care. This is a continu- portant issues facing our country. And ican people to tell them we are going ation of this power grab that is going good for this President for having the to save them from enormous premium on in Washington. courage to step forward and point out increases, that there will be an option, This spending spree, this proposal for that the current status quo on health a choice they can make to buy into a more and more taxes, is a power grab care is disastrous, and, yes, we are public plan or a public interest plan. for the government to take over yet going to address it and we are going to Some say it could be a co-op. We don’t another industry, the health care in- make sure that the people in this coun- know the details. But to have my dustry in America. Health care is the try, if they like their health care, can friend from South Carolina come to most personal and private service we keep what they have, keep their insur- this floor and tell us: Vote no on this have for ourselves and our families. ance. If they don’t, they have a chance health care when we don’t even have a Why would we want to turn that over to buy into other options. That will be plan before us means he is for the great to government to make the decisions their choice. We will stress prevention big red stop sign because no equals the for us? now. We will have healthier families. status quo. And no action is in itself a The ACTING PRESIDENT pro tem- I want to point out that there has hostile act. pore. The Senator has used 10 minutes. been a recent study that says if we do Employer-sponsored health care pre- Mr. DEMINT. Mr. President, I thank nothing, if we bring down this oppor- miums have more than doubled in the you for your indulgence. I encourage tunity we have to do something to bet- last 9 years. Two-thirds of all personal my colleagues to read any bill we vote ter the health care system in this bankruptcies are linked to medical ex- on before the August break. country, if we turn away from that and penses. Let me say that again. Two- The ACTING PRESIDENT pro tem- do nothing, in California, by 2016, Cali- thirds of all personal bankruptcies are pore. The Senator from California. fornians will have to spend 41.2 percent linked to medical expenses. And how Mrs. BOXER. Mr. President, I wish to of their income on health insurance. I about this: The United States spends address the Senate as in morning busi- want you to think about that. And that more than twice as much on health ness. is not the worst. In Pennsylvania, Sen- care per person than most industrial The ACTING PRESIDENT pro tem- ator CASEY told me, it would be over 50 nations, and it ranks last in prevent- pore. Without objection, it is so or- percent of people’s incomes. How are able mortality. It ranks last in pre- dered. we going to sustain that? Who can sus- ventable mortality, and we spend twice Mrs. BOXER. Mr. President, I ask tain spending 40 percent of their in- as much as any other nation. Status unanimous consent that after the Re- come on premiums? Fifty percent? It quo is no, no change. publicans have a chance to speak, the isn’t going to happen. People will have Is that what we want to see contin- next Democrat be Senator KAUFMAN. to walk away. People will get sicker. ued—continued increases in premiums The ACTING PRESIDENT pro tem- We cannot afford the status quo. for businesses, for individuals, getting pore. Without objection, it is so or- That is why I have this chart here that to a point where it is 40, 50 percent of dered. says: No equals the status quo. It is no, a family’s income? That is not sustain- HEALTH CARE REFORM no, no. No, let’s not do this. No, let’s able. Where do they get the money for Mrs. BOXER. Mr. President, we just not help our President. No, let’s not food, for clothing, for shelter? heard the Senator from South Carolina address this issue. Scare tactics, The other problem we have is 46 mil- urging Members to vote against the throwing around words, ‘‘government- lion Americans have no health insur- health care bill. He talks about the run health care.’’ ance, including one in five working truth about the health care bill. We I say to my friend from South Caro- adults. What does that mean? It means don’t have a health care bill before the lina—unfortunately, he is not here— that the people without health insur- Senate because we have two commit- government-run health care, does he ance are waiting for a crisis to occur. tees that are working on it. One al- want to bring down the veterans health They don’t take any preventive steps. ready reported out a bill, the HELP care system? Just try that one with They don’t see a doctor until late in Committee, which stresses prevention, your veterans. That is a government- the process in an emergency room. It because we all know that if you look at run health care system. Veterans get means that we are picking up the bills the major costs to our families, they free health care. Does he want to bring because when people go to an emer- all encompass—70 percent of them— down the health care that our military gency room and they cannot pay, who five major diseases. I think we know gets every single day run by this gov- is picking up the tab? Those of us who what they are. They are heart issues, ernment? Of course not. They are get- have insurance. That is how it goes. pulmonary issues, cancer issues, stroke ting the best care in the world on the I am hoping that the American peo- issues. We know what they are. Putting battlefield, and it is done because tax- ple weigh in on this debate, as they prevention first, which is not some- payers pay the freight. That is a gov- have begun to do. I was told ever since thing we have ever done, is going to ernment-run health care. I was a young person that you need to save money, is going to make our peo- Does my friend want to bring down try hard when there is a problem. Try ple healthier, is going to work. There Medicaid that helps the poor people get hard. Be constructive. Don’t call other are many other aspects of the health some insurance? I hope not because it people names. You may disagree with bill that are very good for our people. would be tens of thousands of people in them, respect them. Don’t try to bring I have to say, when the Senator from his State, including many children. them down, don’t try to break them. South Carolina comes to the floor and How about SCHIP? That is a govern- Make your arguments; put forward an

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7836 CONGRESSIONAL RECORD — SENATE July 22, 2009 alternative. I have looked at the course not perfect. Do we have to continue to program? Medicaid, the largest govern- of history, and history says to people make them better? Yes, we do. But we ment-run program we have today, is who do nothing that they haven’t con- need to come together. We need to find used to cover low-income Americans tributed very much. In this case, be- that sweet spot that we look for in leg- and forces them to take their health cause the status quo is unsustainable, islation. I wish to, again, thank those care in a system that 40 percent of they are hurting our people. They are Republicans who are meeting with the America’s doctors won’t serve because, hurting our people. More than half of Democrats. Be courageous. Stick with in general, they are paid about half as all Americans live with one or more it. Don’t play politics. Don’t try to much for their services as they are if chronic conditions. The cost of caring bring down this young President. Try they serve the 177 million of us who for an individual with a chronic disease to work with him. Don’t threaten that have private health insurance. accounts for 75 percent of the amount this is going to be a Waterloo. Don’t The Wyden-Bennett bill is con- we spend on health care. I have those talk about government-run systems structed along the idea of rearranging five chronic diseases in front of me. when that is not in the bill. Don’t the subsidies we already give to the They are: Heart disease, cancer, stroke, frighten people. Because at the end of American people for health care and chronic obstructive pulmonary disease, the day, this is our moment if we work gives it to everyone in a way that will and diabetes. Those five are responsible together. permit them—all the American peo- for more than two-thirds of the deaths I certainly reach out my hand and ple—to afford a health insurance plan in the USA. That is information that is compliment those who are willing to that is about the same as a plan that important because, when you look at work across party lines because we congressional employees have. Lit- this, many of these can be prevented cannot sustain the health care system erally, we would say to low-income and treated in a way so that they do as it is. We can make it better, we can Americans: Here, take this money and not wind up costing so much and hurt- make it affordable, we can keep choice buy a private insurance plan of your ing our families. in there, we can turn to prevention, own, like the rest of us do. This is a We have an extraordinary oppor- and that is what I hope we will do. We much better idea than dumping 20 mil- tunity before us, and I think you are will work hard, but I think we can do lion more people into a failed govern- going to see the parties showing who it with the help of some courageous ment program called Medicaid—which they represent. Do they represent the folks on the other side of the aisle. is not only not serving those low-in- forces of the status quo that are going I yield the floor. come people but bankrupting States. to scare people or do they represent the The ACTING PRESIDENT pro tem- What is wrong with that idea, 14 of us forces of change—positive change? I pore. The Senator from Tennessee is think it ought to be considered? Yet it think history will show that those who recognized. has not been given the time of day. stepped to the plate here and were con- Mr. ALEXANDER. Mr. President, I Senator COBURN and Senator BURR structive are going to be the ones ask unanimous consent to speak as in have proposals that I have endorsed. about whom people say: She tried. He morning business and ask the Chair to Senator GREGG has a proposal. Senator tried. He fixed a lot of problems. Not please let me know when I have fin- HATCH has a proposal. None of them all of them. but they started moving in ished 9 minutes. have been given the time of day. the right direction. The ACTING PRESIDENT pro tem- We have had very friendly discus- Our families deserve change here. pore. Without objection, it is so or- sions, but they do not qualify as bipar- Our families cannot sit back and ab- dered. tisan discussions. I give the Senate Fi- sorb the kind of increases in health Mr. ALEXANDER. Mr. President, I nance Committee members great credit care premiums they have seen in the was listening to the Senator from Cali- for trying to work in a bipartisan way, past. We know how to fix it. If we work fornia, and with respect to her com- but they are working in a bipartisan together, we will be able to fix it. ments let me state the position of the way that is still going in the wrong di- I wish to take a minute to thank the Republican Senators on health care re- rection, which is expanding an existing Republicans who are working so conform. Our leader, Mitch McConnell, the government plan that has failed—Med- structively with our Democrats. You Senator from Kentucky, stated yester- icaid—they are working on creating a don’t hear them speaking much on the day to the news media: This isn’t about new government plan for people who floor, as you did the Senator from winning or losing. This is about getting lose their health care under the theo- South Carolina, who, as I say, was it right. ries that have been proposed. Don’t quoted as saying he wants to make Health care is very personal to every think they are not. health care President Obama’s Water- one of us, to every one of our families, I would hope the President would see loo. He wants to break him on this. The and to all the American people. Our what is happening and say: Whoa, let’s Republicans whom you don’t see on the goal, on the Republican side, and I am slow down. I have stated what I want. floor talking like that are the ones who sure for many Democrats as well, is to I have put my neck out. I have said to are sitting with the Democrats, work- start with cost and make sure we can the American people, if they have a ing day after day, night after night, to say to the American people they can health care plan they like, they can solve this problem. afford their health care policy; and keep it. Unfortunately, under the plans I hope people will remember, when when we have finished fixing health we see today, they are going to lose you hear these scare tactics—govern- care, they can afford their government. their health care. They have a very ment-run health care—that we don’t So far, that has not been the case. good risk of losing their health care even have a bill yet, and they are say- We have offered plans which we be- and ending up, if they are poor, with ing it is about government-run health lieve will reach that goal. Just to give their only option being a failed govern- care, not one bill that I have seen is my own example: Last year, I joined ment program that none of us would government-run health care, not one. with Senator WYDEN, a Democrat; Sen- join, if we could possibly avoid it. But I challenge my friends. If they do ator BENNETT, a Republican, in endors- Why would we stuff 20 million people not like Medicare—it is government ing their plan. It is not perfect, but it into a program we don’t want to be in, run—why not try to repeal it and see is a very good plan, and it has a com- when we could give them the oppor- how many senior citizens come to your pletely different approach than the bill tunity to be in a program similar to office. If my Republican friends don’t that came out of the Senate HELP the one we are in? That is what we like government-run health care, take Committee or that is coming through should be doing. On the Republican away the health care from the veterans the House. I believe it is a better ap- side, we are saying to our Democratic because it is government run. Take proach. colleagues: We know you have the ma- away health care from the military. The point is there are 14 Senators on jority. We know you have the Presi- Privatize that. Take away Medicaid. that plan today—8 Democrats and 6 Re- dency. But we have some ideas we Take away SCHIP from our kids. publicans. Why isn’t it being consid- think the American people would ben- They are not going to do that be- ered? It doesn’t have a government-run efit from. cause they know these programs work. program in it. Why shouldn’t we talk We only have one chance to pass this, Are they perfect? Of course, they are about not having a government-run to change this big system we have, and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7837 we better make sure we do it right. If the ideas because they do not involve race toward superconductivity. Super- you don’t want to take our advice, we government-run programs, they do not conductivity, or using extremely low would say, respectfully: Why don’t you dump low-income people into Medicaid, temperatures to move electrons listen to some others? There is the where you would not be able to see a through a magnetic field, can poten- Mayo Clinic. The Senator from Cali- doctor. That is akin to giving someone tially lead to breakthroughs in energy fornia asked: Why are they talking a bus ticket to a route with no buses. efficiency and computing. Her work about government programs? Because We already do it with 60 million people, will likely improve the lives of hun- the Mayo Clinic—often cited by the so why should we do it with 80 million dreds of millions of people. President, by many of us, as the kind people, which is the suggestion we This achievement was far from easy. of high-quality, good results, low-cost have. To create a new form of matter, Debo- health care we would like to have more We want to work with the President rah and her team needed to get par- of—the Iowa Clinic, the Marshfield and with our friends on the Democratic ticles called fermions to join together Clinic, and other clinics say these side to come up with health care rein pairs. Unfortunately, fermions have health care plans are headed in the form this year. We want to be able to a natural tendency to repel each other. wrong direction, and one reason is be- say to the American people: We want a Deborah discovered that fermions cause they would create a new govern- plan you can afford for yourself. And will pair up when exposed to certain ment plan which would eventually when we’re finished fixing it, we want gasses at more than 450 degrees below drive the Mayo Clinic and these other a government you can afford. If the zero. clinics out of the market, which means Mayo Clinic and the Democratic Gov- This exciting advance takes us one they wouldn’t be serving Medicare pa- ernors and the Congressional Budget giant step closer to understanding tients. Office are all saying we are headed in superconductivity. The uses of this So why would we do that? I think we the wrong direction, then why don’t we technology could include faster com- should take our time and get it right. start over and work together and try to puters and cell phones, smaller If the Mayo Clinic is saying we are get a result we can live with for the microchips and more efficient home ap- heading in the wrong direction, if the next 30 or 40 years? pliances. Potentially, superconduc- Democratic Governors are saying that, We can only do this once, and we tivity could eliminate the ten percent if the Congressional Budget Office is need to do it right. of energy lost in transfer from power I thank the President. plants to homes and businesses. saying we are adding to the cost and The ACTING PRESIDENT pro tem- Deborah and her colleagues exem- adding to the debt, wouldn’t the wise pore. The Senator has used 9 minutes. plify the spirit of ingenuity and deter- thing be to say: Well, maybe they have Mr. DURBIN. Will the Senator yield a point. for a question? mination that has always character- Gov. Phil Bredesen of Tennessee, a Mr. ALEXANDER. On the Senator’s ized Americans working in scientific Democrat from my State, knows a lot time, I will be happy to. research. They had been racing against about health care—Medicaid—and he Mr. DURBIN. I don’t know that we six other teams from laboratories says Congress is about to bestow ‘‘the are in controlled time; are we, Mr. around the world, and they were the mother of all unfunded mandates.’’ President? first to reach this milestone. Governor Bredesen, a former health The ACTING PRESIDENT pro tem- It is unlikely that we will be able to care executive, continued: pore. We are not in controlled time, appreciate the full extent of this Medicaid is a poor vehicle for expanding but the next speaker to be recognized breakthrough for many years, and fu- coverage. It is a 45-year-old system origi- under the unanimous consent agree- ture generations may not remember nally designed for poor women and children. ment is the Senator from Delaware, those who worked so hard to achieve it. It is not health care reform to dump more when the time of the Senator from But, like all of those who work in money into Medicaid. Tennessee has expired. public service, Deborah knows that she Here is the Governor of Washington, The ACTING PRESIDENT pro tem- and her team have made a difference— a Democrat. pore. The Senator from Delaware is that the impact of their findings will As a governor, my concern is if we try to recognized. be felt in every subsequent discovery cost-shift to the States we’re not going to be HONORING DR. DEBORAH JIN on the path to making superconductors in a position to pick up the tab. Mr. KAUFMAN. Mr. President, I have a reality. Gov. Bill Richardson of New Mexico, often spoken about the need to invest I call on my fellow Senators and on a Democratic Governor, said: in technology and innovation. We can- all Americans to join me in honoring I’m personally very concerned about the not afford to fall behind in this area the service of Dr. Deborah Jin, her col- cost issue, particularly the $1 trillion figures after leading the world in science re- leagues at the joint institute in Boul- being batted around. search and discovery for half a century. der, and all Federal employees working Gov. Bill Ritter of Colorado, a Demo- Since I began coming to the floor to on scientific research. They are the un- crat. talk about great Federal employees, I sung heroes of America’s global leadership in science and technology. There’s a concern about whether they have have honored individuals who have fully figured out a revenue stream that made significant contributions in the The PRESIDING OFFICER (Mr. would cover the costs, and that if they don’t areas of engineering, medicine, defense, MERKLEY). The Senator from Texas is have all the dollars accounted for it will fall housing assistance, land conservation, recognized. on the States. and international aid. The list of fields Mr. CORNYN. Mr. President, I want So said Gov. Jim Douglas of benefiting from the work of our Fed- to speak briefly about a very impor- Vermont. And Gov. Brian Schweitzer of eral employees is lengthy. tant amendment, amendment No. 1725, Montana said: Another such area is physics. At a which I think will help us restore the The governors are concerned about un- time when our planet faces resource franchise, the vote, to our deployed funded mandates, another situation where scarcity and higher energy costs, the military overseas. This is a bipartisan the Federal government says you must do X work of physicists at Federal research amendment. The lead sponsors are Sen- and you must pay for it. Well, if they want institutions remains an important in- ator CHUCK SCHUMER and Senator BOB to reform health care, they should figure out vestment in our future security and BENNETT, the chairman and ranking what the rules are and how they are going to prosperity. member of the Rules Committee, but pay for it. Dr. Deborah Jin is one of these out- this builds on the work Senator BEGICH So instead of standing on the other standing Federal employees pioneering and I, Senator CHAMBLISS, and others side and saying the Republicans are advances in the field of physics. She have put into this effort to address saying no, I am saying the Republicans serves as a research team-leader at the what can only be described as a na- are saying yes. We support the bipar- JILA–National Institute of Standards tional disgrace. tisan Wyden-Bennett bill. We have of- and Technology joint institute in Boul- Our military service members put fered the Burr-Coburn bill. We have of- der, CO. their lives on the line to protect our fered the Gregg bill. We have the Hatch Deborah’s team created a new form rights and our freedoms. Yet many of bill. Take our proposals and consider of matter, a major discovery in the them still face substantial roadblocks

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7838 CONGRESSIONAL RECORD — SENATE July 22, 2009 when it comes to something as simple cials must also accept faxes and e- issues like health care reform. Many of as casting their ballots and partici- mails to expedite correspondence with us believe this particular moment in pating in our national elections. Sadly, our troops. history is perhaps the only opportunity this is not a new problem. President Together, these reforms will reduce in our public career to tackle an issue Truman urged Congress to address ob- dependence on snail mail until the of this magnitude. We know over- stacles to voting faced by troops serv- service member is ready to return the whelmingly the people of America ing in Korea. Today, however, troops completed ballot to be counted. want us to do this. deployed in Afghanistan and Iraq face Third, this legislation will expedite Many people like their health insur- many of the same problems. the return of the completed ballot to ance policies, particularly if they don’t In 2006, less than half of the military election officials. Under current law, use them. But most people understand voters who requested absentee ballots each servicemember is responsible for the health care system we have in this were successful in casting them, ac- making sure his or her ballot is post- country is broken. We have to fix what cording to the U.S. Election Assistance marked and returned on time. This legis broken, and we have to preserve Commission. islation requires the Department of De- those things that are good about the In 2008, those problems continued. fense to take possession of completed current system. More than a quarter of the ballots re- ballots and ensure that they get to I have heard a lot of speeches from quested by uniformed and overseas vot- election officials on time by using Ex- the other side of the aisle about the ers went either uncollected or un- press Mail, if necessary. situation we currently face, the debate counted, according to a recent survey This legislation also requires elec- that is underway. I think what re- of seven States with high military vot- tion officials to give our troops 45 days, cently happened in the Senate HELP ing populations. at least, to return their ballots. Committee is a good indicator of a In a soon to be released study of the This important amendment contains good-faith effort by the Democratic 2008 cycle which looked at 20 States many other commonsense reforms sug- majority and Senator DODD to try to with large military populations, the gested by other Senators and will help come up with a bipartisan Republican- Heritage Foundation has concluded end the effective disenfranchisement of Democratic approach. that as many as three-quarters of our our troops and their families. Our goal Over the course of over 60 days of troops and their family members were has been to balance responsibilities be- hearings the Senate HELP Committee ‘‘disenfranchised by their inability to tween elections officials and the De- had filed over 800 amendments, consid- request an absentee ballot’’ and that as partment of Defense, and I believe this ered over 400 amendments, adopted 160 many as one-third of the ballots that amendment accomplishes that goal. Republican amendments in the course were requested never reached the ap- As I said, this amendment would not of 61 hours of straight hearing, and at propriate election officials to be count- be in its current posture without the the end of the day when the rollcall ed. leadership of Senator SCHUMER and was taken, not a single Republican Voting has remained a challenge for Senator BENNETT. And I appreciate Senator would support the bill. I think our troops and their families for many them working to include two pieces of Senator DODD made a good-faith effort, reasons. First, our election laws are legislation I introduced earlier this and I think we should continue to. Now the Finance Committee is tak- complex and multiple levels of govern- year, something called the Military ing up the same bill. It will be a lot ment are involved. Election challenges Voting Protection Act, which, just this better bill if it is a bipartisan effort and other unforeseen events can delay weekend was unanimously endorsed by and if compromises are reached, if we the finalization of ballots. The high the National Association of Secretaries try to do this together in an expedi- tempo of military operations often re- of State, and a second piece of legisla- tious way. But if it becomes a standoff quires frequent deployments for our tion called the Military Voters’ Equal where there are no Republican votes in troops and their families. Access to Registration Act. These two support of it or where they will not ne- Let me describe what this amend- pieces of legislation have received gotiate, where they all vote against it, ment, which I hope we will adopt later broad bipartisan support from the be- then I am afraid it will not be in the today, does. ginning, including Senators BEGICH, best interests of what the American Our legislation addresses several of INHOFE, WYDEN, VITTER, and the biggest roadblocks our troops and people want to see. HUTCHISON. We have also worked close- Yesterday on the front page of the their families face when attempting to ly with leaders in the House of Rep- Washington Post they had headlines vote. First, this legislation will provide resentatives, especially Congressmen about some of the comments being voter assistance services to every serv- KEVIN MCCARTHY and DUNCAN HUNTER. made by some of my colleagues on the ice member and family member upon All of our work was not done in other side of the aisle. The headline transfer to a new military installation. Washington. We relied on support and read, ‘‘GOP Focuses Effort To Kill As part of each installation’s in-proc- technical assistance from the Texas Health Bills.’’ Not to modify, not to essing, every service member will now Secretary of State’s Office, especially improve, but to kill health bills. be offered an opportunity to fill out a our Director of Elections, Ann From a perspective of Republican simple form the Department of Defense McGeehan, dozens of military support leadership, that is what our health care will return to the appropriate election organizations and veterans service or- debate is about. Many of them just officials. That form will update the ad- ganizations, and many other citizens want to stop health care reform. It has dress on file with election officials and and patriots who want our troops to been 15 years since we made our last ef- request absentee ballots for the next enjoy their right to vote—that it be fort to provide quality, affordable Federal election cycle. These voter as- protected, particularly for those who health care coverage to every Amer- sistance services will give our military defend all of us. ican. The Republican National Com- personnel some of the support that ci- I urge all of our colleagues to support mittee chairman, Michael Steele, vilians now enjoy through motor voter this amendment when it comes to the today suggested that the President laws. Senate floor, I hope, later on today, should take another 8 to 10 months to Second, this legislation reduces the and to give this important amendment formulate a plan. reliance on snail male for correspond- our unanimous consent. It has already been 8 months since ence between troops and their election I yield the floor. Barack Obama won the 2008 election on officials. Under current election laws, The PRESIDING OFFICER. The Sen- a platform of reforming health care. It many troops must mail a request for ator from Illinois is recognized. has been 6 months since he took office. an absentee ballot, then wait for the Mr. DURBIN. I ask unanimous con- Yet on the other side of the aisle, their election officials to mail them the sent to speak as in morning business. chairman says let’s wait 8 to 10 months blank ballot, and then to return the The PRESIDING OFFICER. Without more. completed ballot in time to be counted. objection, it is so ordered. It may fit in perfectly with a strat- This legislation requires elections offi- HEALTH CARE REFORM egy to delay this debate as long as pos- cials to create electronic blank ballots Mr. DURBIN. Mr. President, once sible, but it doesn’t fit in with a strat- and to post them online. Election offi- every 20 years we take up critical egy of solving the problem. Tonight,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7839 President Obama will be speaking to uninsured, who show up at the hospital year-old son. Last year his wife was the American people, answering ques- and still get treated. They get treated, told she needed a routine mammogram, tions from the press on health care. To- they cannot pay for it, their expenses basic preventive care. But they did not morrow, in a trip to Cleveland, he will are shifted to others who do pay. That know how much it would cost. So they be visiting the Cleveland Clinic and includes those of us under health insur- did what conscientious consumers some other facilities to talk about ance, about $1,100 a year. would do since they knew they had to health care reform. We are just a cou- At this point, we have 2.3 million pay the first $7,000 deductible before ple of weeks away from an August re- more people losing health insurance the health insurance paid anything. cess. We will come back in September every year across America. It is some- They called and they said: Give us a and by then I hope we can roll up our thing that should concern us. But let’s ballpark estimate of how much it will sleeves and get to work. The American get down to specifics. Because I think cost for a mammogram. Is it $200 or people want us to. They understand the if my friends on the other side of the $2,000? No one would tell them the problem. aisle will join us on this side of the price. Health care spending per person has aisle and talk to American families Mr. Apack, an insurance broker, said: increased rapidly over the past 10 about what they are going through, we It is like walking into a restaurant and years, rising over 40 percent. The peo- would get a better understanding of ordering a meal and hoping you can af- ple of the United States spend over $2 why this is so important and why we ford it. In the end, Mrs. Apack decided trillion on health care each year. That cannot wait 8 months, 10 months, a it was too risky to go in for this test is more than twice as much per person year or more, we have to move on this and not know how much it would cost. as any other country on Earth, and our and do it decisively. She did not do it. That is not a good health results do not show that money There is a fellow in my district who outcome. is being well spent. lives in Libertyville, IL. His name is Preventive care could save her life Many countries, spending a lot less, Rene Apack. He has been an insurance and avoid more serious and expensive get better results. We are wasting a lot broker for 11 years. He knows that medical care. A while back, after his of money. It is money that is being business. He sells all kinds of insur- premiums increased 38 percent over 2 taken out in fraud and profit taking. It ance. He will sell private health insur- years, Mr. Apack reapplied with the is money that does not make us feel ance to close friends and family mem- same insurer, wanted to see if he could any healthier. It is just money that we bers, but he shies away from it when it lower his premiums by switching to a have to pay, many times from pay- comes to the general public because he higher deductible. He answered every checks where it is a struggle to pay it. says it is too complicated to explain, question on the application form. Re- The average annual premium of fam- there are too many underwriting tricks member, this man is an insurance ily coverage in Illinois during the and traps in those insurance policies. broker. Then he got a letter from his George W. Bush Presidency, those 8 Mr. Apack does not want to get into insurer, and the letter asked him: Are years, went up $5,000. The average an- the business of trying to defend those you sure about all the answers you nual premium went from $600 a month policies to his clients. If his clients are gave us? Do you want to stand by all to over $1,000 a month. denied coverage for health care based the answers? The employer’s share rose by 72 per- on some fine print they do not under- Then he got a phone call from the in- cent, the worker’s portion rose by 78 stand, even though he had nothing to surer, and the caller asked: Are you percent. I might tell you in the same do with it, he feels bad about it. So he sure there is not something you failed period of time, workers’ wages were discourages the sale of private health to tell us? And he named a date 8 years not going up, just the cost of health insurance to his clients. earlier. The person from the insurance care. People know this. They sense it is Medicare, he said, is the opposite. We company said: Is it not true that you getting out of hand. have heard people come to the floor had a prescription in your name filled Clearly, two-thirds of all the personal day after day on the other side of the that day 8 years ago? bankruptcies filed in America, two- aisle criticising government health in- Well, finally he remembered. Mr. thirds of them, are related to medical surance. But I have yet to hear the Apack remembered he had been in a expenses. Over 46 million Americans first Republican Senator call for elimi- car accident that day. He was not hurt have no health insurance, and 14,000 nating Medicare. Medicare covers 45 badly, but he was a little sore. His doc- Americans lose their health insurance million Americans, seniors and dis- tor said: Here is a prescription for pain every single day. abled, with affordable health insur- medication, take it if you need it. He If you hear about the 47, 48 million ance. It is a government-administered filled the prescription. Eight years Americans without health insurance, program. I have yet to hear the first later that prescription apparently gave and say: It is a darned shame, but the Republican Senator say we should do his insurer pause about keeping him as poor will always be with us, and we away with it. a customer. cannot solve every problem, Senator, It is a program which saves a lot of We talk about preexisting conditions. sadly, some of your neighbors, maybe people, some of whom retire before We talk about unknown costs in the some of the members of your family they reach the age of 65 and run into current system. To think they could go may find themselves in that predica- medical problems and pray they can be in your past and find a prescription ment soon if we do not address health eligible for Medicare and not lose their you filled 8 years ago and call you back reform. life savings. It happened to a member and say: Are you sure you have not Those of us who are lucky enough to of my family, my brother. failed to disclose something here? have health insurance—for the record, Luckily for him, Medicare kicked in That is what the current system is, a Members of Congress have the same at the right moment, saved his life sav- health insurance system full of tricks health insurance plan as Federal em- ings. It might have saved his life. He is and traps. Those on the other side of ployees, 8 million of us; Federal em- 77 now, so for 12 years Medicare has the aisle who say we do not need to ployees and their families, Members of been helping to pay his bills. Mr. change it, one Senator from South Congress and staff, are in the same Apack says: Carolina said let the market work, basic health care plan. There is a lot of My mom, my mother-in-law, my uncle— which means basically hands off. Mr. bad information out there about our they have Medicare supplement insurance Steele, who heads the Republican Na- health insurance. It is a good plan, do and everything works like clockwork. I have tional Committee, said: Let’s wait 8 to not get me wrong, but it is the same never had one Medicare supplement claim 10 more months before we get into one Federal employees are entitled to. denied. that. I think that is a fair way to approach It is not just his clients who have Do they not understand what fami- it. problems with health insurers, his own lies are facing on an everyday basis? But even those of us paying for health insurance has had a high de- Mr. Apack knows he is probably health insurance are paying a hidden ductible, $7,000 a year is his deductible luckier than some who live around tax. We pay up to $1,000, $1,100 per year on his health insurance for his family him. One of his neighbors pays $15,000 a per family to subsidize those who are coverage, himself, his wife, and his 12- year for health coverage for herself,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7840 CONGRESSIONAL RECORD — SENATE July 22, 2009 her husband, and child—more than they start billing women a little more and by the experts who are studying they pay on their family mortgage. favorably than they have in the past— the proposals. He met with a client recently, a real I wonder if it has anything to do with What I am concerned about is the estate company with about 50 employ- our debate—that the basic health in- proposals that have been put forward ees. Last year, the employees all de- surance plan in America has a kind of from the Senate committee, and what cided to switch to part time so no one coverage and protection that is ade- is being put forward on the House side would be laid off. Their incomes are quate for every family. We have to are proposals that are going to be the down at least 50 percent from a year bring down the costs. beginning of a government health care ago. Their health insurance premiums One of the ways we are going to do system that is modeled after Canada went up 5 percent. that is provide some tax incentives and and Great Britain. What we are looking In the professional opinion of this Il- help for low-and middle-income fami- at is more government, more taxes, linois insurance broker, we need a bet- lies. We have to make sure people are more expensive health care, and what ter system, health care coverage that paying fair premiums. Finally, we have we see less of is quality health care, is affordable, simple, and fair. That is to make sure we support small busi- less choice, less reimbursement to hos- the challenge we face in the Senate. It nesses. Of the 47 million uninsured, the pitals and Medicare and Medicaid; ex- is a challenge we cannot ignore. vast majority of those are people work- actly the wrong direction. The Finance Committee now is trying in small businesses and their fami- We have hospitals all over my home ing to work out a reasonable way to lies. State of Texas that treat indigent pa- deal with this challenge. We know the Senator SNOWE, Senator LINCOLN, tients and patients who cannot pay. providers have to be in on this con- myself, and others have introduced a Every one of our hospitals, rural and versation. If we are spending more than bill called the SHOP bill that would urban, gets extra help from Medicare twice as much as any nation on Earth give small businesses across America and Medicaid for doing these services. for health care, then we obviously need the same basic option Federal employ- The problem is that people go into the to ask if there can be savings. ees have in the health benefit program. emergency rooms for primary care, United Health Care reported their That is a way to get small businesses care they could get from a doctor in a earnings, if you followed that in the into purchasing pools to lower their doctor’s office if they had health care business pages of the paper, another costs, to make sure their employees coverage. But they don’t, so they wait big recordbreaking profit, far beyond and the small businesses have the same until their diseases are much more pro- expectations. Health care insurance benefits when it comes to health care gressed, and they go to an emergency companies are doing very well. coverage. room. What does that do? It makes the Pharmaceutical companies histori- I encourage my colleagues on the cost of health care higher for everyone. cally have been some of the most prof- other side of the aisle, we have to get It makes the cost of health care con- itable companies. There are providers beyond ‘‘no.’’ You have to get to a tinue to go up, and it raises premiums in the health care system that are point where you work with us to try to for people who have coverage. It costs doing extremely well. We need to bring change the status quo and bring about taxpayers who have to pay for the costs down within the system, without real health care reform. emergency room care in the form of compromising quality. That is the I yield the floor. tax increases. challenge we face. The PRESIDING OFFICER. The Sen- What we are looking at now is a pro- I know they tried in the HELP Com- ator from Arizona posal that will take money out of the mittee adopting 161 Republican amend- Mr. MCCAIN. Mr. President, it is my hospitals. Every one of the hospitals in ments and could not find a single Re- understanding we may move ahead Texas will have lower reimbursements publican Senator to support the final shortly with debate and vote on an from Medicare and Medicaid, every bill. Tonight the President is going to amendment by Senator BROWNBACK and one. That is estimated to cost more renew the challenge, the challenge to a side-by-side vote on the same subject taxpayer dollars to cover the people all of us not to miss this once-every- with Senator KERRY. who are going to the emergency room. two-decades opportunity to deal with I believe Senator KERRY’s amend- Rural hospitals, particularly, may have health care. ment would be first. Hopefully, we can to close their doors. I am hearing from I fear, if we do that, we are going to agree with that soon. rural hospital administrators that they find ourselves in an unsustainable posi- The PRESIDING OFFICER. The Sen- don’t have the money to absorb these tion. The cost of health care is going to ator from Michigan. cuts. They have a choice. They can cut continue to go up at expense levels we Mr. LEVIN. Mr. President, we are ex- services, or they can close hospitals— cannot handle as a nation. We have to pecting that unanimous consent agree- neither of which is an outcome any of make sure we have basic health care ment can be propounded within the us wants to see. reform and get it right. We have to re- next few minutes so we can continue to In addition, there are Medicaid reduce costs for families, businesses, and press forward. quirements for States. Every Governor, the government. We have to protect Mrs. HUTCHISON. Mr. President, I Democratic or Republican, is saying: people’s choice of doctors, hospitals, wish to ask the distinguished chairman What are you thinking? More Federal and insurance plans. If you have an in- and ranking member if there is going mandates that are unfunded? That is surance plan you like, you ought to be to be a quorum call, I ask unanimous why people are so frustrated with the able to keep it and assure affordable consent that I speak until the agree- Federal Government right now, more high-quality health care. ment has been reached. unfunded mandates. The estimate is We have to make sure health insur- The PRESIDING OFFICER. Without that it would cost my home State of ance companies are not denying cov- objection, it is so ordered. Texas $3 billion a year to absorb just erage for preexisting conditions, health HEALTH CARE REFORM the Medicaid unfunded mandate that is status or medical condition. We have Mrs. HUTCHISON. Mr. President, I in the proposed bill making its way to eliminate the caps on coverage so a wish to speak as in morning business through Congress. very expensive chronic disease does not on health care. It has been the topic of There has been an urgency. Many of end up blowing the top off your health conversation while the Defense bill has the people on the floor here, as well as insurance policy and going right into been negotiated behind the scenes. I the President, are saying: We have a your savings account. wished to talk about health care re- deadline. We have an August deadline, We have to put a limit on out-of- form because it is the issue of the day. and we must pass this bill by August. pocket expenses. We have to guarantee I think America is focusing on this We are talking about a complete equal treatment for men and women, issue now, and I am so glad they are overturning of our health care system, Black, White and brown, young and because the more we learn about the not reform. Reform is what we all old, and different geographic locations. proposals that are being made in the want. We need reform in our health Incidentally, I noted the health insur- House and in the committees on the care system. We need lower costs and ance companies have now said they are Senate side, the more concerns are more people covered. That is not what going to look into this to make sure being raised by the American people the bill going through Congress will do.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7841 It is a complete upheaval of the health able cost, the promise of transformation in Mr. LEVIN. On behalf of Senator care system. It will be a single-payer American health care will wither. The real KERRY, Senator LUGAR, and myself, I government system that will start en- losers will be the citizens of the United call up amendment No. 1761. croaching on and displacing the private States. The PRESIDING OFFICER. The health care people know and that pro- Today 40 percent of physicians turn clerk will report. vides the quality assurance we expect. away Medicaid patients because the The assistant legislative clerk read The private health care system will system is poorly administered and has as follows: start being displaced by a big govern- a weak record of reimbursement. We The Senator from Michigan [Mr. LEVIN], ment system that will be cheaper but know that billions of taxpayer dollars for Mr. KERRY, for himself, Mr. LUGAR, Mr. are wasted on fraud and abuse in Medi- LEVIN, and Mr. WEBB, proposes an amend- will also give fewer choices and less ment numbered 1761. service. That is the concern so many care every year. Are we going to emu- The amendment is as follows: people are beginning to have as more late a program that doctors are walk- and more comes out about this health ing away from and that is costing bil- (Purpose: To express the sense of the Senate lions of wasted dollars to the tax- that the United States should fully enforce care plan. existing sanctions, and should explore ad- In addition, there is an effort being payers? This is not responsible governing. We ditional sanctions, with respect to North made to pay for this big government need to take our time. Republicans Korea and to require a review to determine takeover of health care. What are the whether North Korea should be re-listed as have come forward and will continue to options on the table? This is what is a state sponsor of terrorism) come forward with alternatives, alter- being proposed: that we will fine em- At the end of subtitle C of title XII, add natives that don’t break the backs of the following: ployers who do not offer private health taxpayers, that don’t break the backs care to their employees. That is like SEC. 1232. SENSE OF THE SENATE ON ENFORCE- of small business people, that give the MENT AND IMPOSITION OF SANC- saying: OK, if you hire more people and quality health care Americans have TIONS WITH RESPECT TO NORTH you don’t offer health care, your fines come to expect and should. We have al- KOREA; REVIEW TO DETERMINE will go up. So that is going to discour- WHETHER NORTH KOREA SHOULD ternatives that are responsible. Small BE RE-LISTED AS A STATE SPONSOR age the hiring of people at a time when business health plans, for one, would be OF TERRORISM. unemployment is at a record high. We the best approach to this, because more (a) FINDINGS.—The Senate makes the fol- should be encouraging people, espe- people being covered means lower cost lowing findings: cially in small business, to hire people. (1) On April 5, 2009, the Government of for everyone. North Korea tested an intermediate range We want to create jobs, not cut them. What does every family in this coun- Instead, we are going to increase taxes ballistic missile in violation of United Na- try want? They want a job to support tions Security Council Resolutions 1695 (2006) on small business. As much as 45 per- their families, and they want health and 1718 (2006). cent is being proposed on small busi- care coverage for their children. We (2) On April 5, 2009, President Barack ness. That will make small business can give them that by giving affordable Obama issued a statement on North Korea, taxes higher than corporate taxes. Cor- opportunities for small businesses to stating that ‘‘Preventing the proliferation of porate taxes in America are among the give health care coverage options to weapons of mass destruction and their means highest in the world. Yet we are going their employees. That is what Ameri- of delivery is a high priority for my adminis- to add on top of the 45 percent that the cans want. They don’t want a big gov- tration’’, and adding, ‘‘North Korea has ig- small businesses will pay, 35 percent nored its international obligations, rejected ernment health care system that is unequivocal calls for restraint, and further for corporate. And then you fine the going to rob them of quality and cost isolated itself from the community of na- businesses that don’t offer health care. them more in the meantime. tions’’. It is almost as though we are in a self- I appreciate the opportunity to talk (3) On April 15, 2009, the Government of fulfilling death wish. In the unemploy- today about this important issue and North Korea announced it was expelling ment atmosphere in which we find our- why we must take time to do this international inspectors from its Yongbyon selves, all of a sudden we are going to right. If we completely overturn our nuclear facility and ending its participation pass new taxes and new fines on small health care system, we may never be in the Six Party Talks for the businesses which are the economic enable to get it back. We may never be Denuclearization of the Korean Peninsula. (4) On May 25, 2009, the Government of gine of America. It is small business able to recover. We can do this right, if North Korea conducted a second nuclear that creates jobs, not big business, not we take the time and if it is truly bi- test, in disregard of United Nations Security government. Big business does some, partisan, if Republicans will have a Council Resolution 1718, which was issued in but mostly it is small business growing seat at the table. They didn’t have a 2006 following the first such test and which that creates economic vitality. It is seat at the table when the Senate com- demanded that North Korea not conduct any certainly not government. mittee voted its bill out taking two Re- further nuclear tests or launches of a bal- When we get to bigger and bigger publican amendments out of 45 offered. listic missile. government, we are going to find our- That is not bipartisanship. That is (5) The State Department’s 2008 Human being polite and saying no. What we Rights Report on North Korea, issued on selves in a spiral where half the people February 25, 2009, found that human rights are working to support the other half want is to have real options that will conditions inside North Korea remained of the population. It will go down from keep the quality, keep the choice, keep poor, prison conditions are harsh and life- there. the private sector employment in our threatening, and citizens were denied basic It is important to read what the system and give families a chance to freedoms such as freedom of speech, press, Mayo Clinic said about the House bill. have good jobs with health care cov- assembly, religion, and association. They said: erage. We can do that, if we will get to- (6) Pursuant to section 102(b)(2)(E) of the Arms Export Control Act (22 U.S.C. 2799aa– Although there are some positive provi- gether on a bipartisan basis and go for- 1(b)(2)(E)), President George W. Bush, on sions in the bill, the proposed legislation ward in a positive way. February 7, 2007, notified Congress that the misses the opportunity to help create higher The bills coming out of the House United States Government would oppose the quality, more affordable health care for pa- and Senate right now, with virtually extension of any loan or financial or tech- tients. In fact, it will do the opposite. no Republican input, are not right for nical assistance to North Korea by any inter- This is the Mayo Clinic, one of the America. That is why we are saying: national financial institution and the prohi- premier health care providers in the Let’s go back to the drawing board. bition on support for the extension of such country. I yield the floor. loans or assistance remains in effect. In general, the proposals under discussion The PRESIDING OFFICER. The Sen- (7) On June 12, 2009, the United Nations Se- are not patient-focused or results-oriented. ator from Michigan. curity Council passed Resolution 1874, con- Lawmakers have failed to use a fundamental AMENDMENT NO. 1761 demning North Korea’s nuclear test, impos- lever, a change in Medicare payment policy, Mr. LEVIN. I ask unanimous consent ing a sweeping embargo on all arms trade with North Korea, and requiring member to help drive necessary improvements in that the pending amendment be set American health care. states not to provide financial support or aside so that I may call up an amend- other financial services that could con- The Mayo Clinic goes on: ment. tribute to North Korea’s nuclear-related or Unless legislators create payment systems The PRESIDING OFFICER. Without missile-related activities or other activities that pay for good patient results at reason- objection, it is so ordered. related to weapons of mass destruction.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7842 CONGRESSIONAL RECORD — SENATE July 22, 2009 (8) On July 15, 2009, the Sanctions Com- (1) present any credible evidence of support ment. I believe this amendment is a re- mittee of the United Nations Security Coun- by the Government of North Korea for acts sponsible alternative to the amend- cil, pursuant to United Nations Security of terrorism, terrorists, or terrorist organi- ment offered by Senator BROWNBACK. Council Resolution 1874, imposed a travel zations; This amendment appropriately takes ban on five North Korean individuals and (2) examine what steps the Government of asset freezes on five more North Korean enti- North Korea has taken to fulfill its June 10, note of and condemns North Korea’s re- ties for their involvement in nuclear weap- 2008, pledge to prevent weapons of mass de- cent behavior as a threat to the north- ons and ballistic missile development pro- struction from falling into the hands of ter- east Asian region and to international grams, marking the first time the United rorists; and peace and security. But in contrast to Nations has imposed a travel ban on North (3) assess the effectiveness of re-listing the Brownback amendment, which ex- Koreans. North Korea as a state sponsor of terrorism presses the sense of the Senate that (9) On June 10, 2008, the Government of as a tool to accomplish the objectives of the North Korea should immediately be re- North Korea issued a statement, subse- United States with respect to North Korea, listed as a state sponsor of terrorism, quently conveyed directly to the United including completely eliminating North Ko- the Kerry-Lugar-Levin-Webb amend- States Government, affirming that North rea’s nuclear weapons programs, preventing Korea, ‘‘will firmly maintain its consistent North Korean proliferation of weapons of ment requires something to happen, stand of opposing all forms of terrorism and mass destruction, and encouraging North not just a sense of the Senate that any support to it and will fulfill its responsi- Korea to abide by international norms with there might be a relisting. It mandates bility and duty in the struggle against ter- respect to human rights. a report, a formal report, to be com- rorism.’’. (c) SENSE OF THE SENATE.—It is the sense pleted within 30 days, examining North (10) The June 10, 2008, statement by the of the Senate that— Korea’s conduct since it was removed Government of North Korea also pledged (1) the United States should— from the terrorism list last June, in- that North Korea would take ‘‘active part in (A) vigorously enforce United Nations Se- cluding the evaluation of any evidence curity Council Resolutions 1718 (2006) and the international efforts to prevent sub- that North Korea has engaged in acts stance, equipment and technology to be used 1874 (2009) and other sanctions in place with for the production of nukes and biochemical respect to North Korea under United States of terrorism or provided support for and radioactive weapons from finding their law; acts of terrorism or terrorist organiza- ways to the terrorists and the organizations (B) urge all member states of the United tions. that support them’’. Nations to fully implement the sanctions One of the reasons for requiring that (11) On June 26, 2008, President George W. imposed by United Nations Security Council is that in the Brownback amendment Bush certified that— Resolutions 1718 and 1874; and on page 3, section 9, line 21, it says: (A) the Government of North Korea had (C) explore the imposition of additional There have been recent credible reports not provided any support for international unilateral and multilateral sanctions that North Korea has provided support to the terrorism during the preceding 6-month pe- against North Korea in furtherance of United terrorist group Hezbollah, including pro- riod; and States national security; viding ballistic missile components and per- (B) the Government of North Korea had (2) the conduct of North Korea constitutes sonnel to train members of Hezbollah . . . a threat to the northeast Asian region and to provided assurances that it will not support Let me state unequivocally to my acts of international terrorism in the future. international peace and security; (12) The President’s June 26 certification (3) if the United States determines that the colleagues in the Senate: The most re- concluded, based on all available informa- Government of North Korea has provided as- cent intelligence assessments of our in- tion, that there was ‘‘no credible evidence at sistance to terrorists or engaged in state telligence community simply do not this time of ongoing support by the DPRK sponsored acts of terrorism, the Secretary of sustain this charge. In fact, President for international terrorism’’ and that ‘‘there State should immediately list North Korea Bush specifically refuted that charge is no credible or sustained reporting at this as a state sponsor of terrorism; and because it was an old one, and he re- time that supports allegations (including as (4) if the United States determines that the futed it last year. It would be the cited in recent reports by the Congressional Government of North Korea has failed to ful- height of irresponsibility for the Sen- fill its June 10, 2008, pledges, the Secretary of Research Service) that the DPRK has pro- ate to pass an amendment based on a vided direct or witting support for Hezbollah, State should immediately list North Korea Tamil Tigers, or the Iranian Revolutionary as a state sponsor of terrorism. finding that is false. It is important to Guard’’. (d) STATE SPONSOR OF TERRORISM DE- have a report to the Senate that re- (13) The State Department’s Country Re- FINED.—For purposes of this section, the quires us to evaluate, that would have ports on Terrorism 2008, in a section on term ‘‘state sponsor of terrorism’’ means a the administration submit to us pre- North Korea, state, ‘‘The Democratic Peo- country that has repeatedly provided sup- cisely what the situation is. ple’s Republic of Korea (DPRK) was not port for acts of international terrorism for The report will also assess the effec- known to have sponsored any terrorist acts purposes of— tiveness of relisting North Korea as a since the bombing of a Korean Airlines flight (1) section 6(j) of the Export Administra- state sponsor of terrorism for achiev- in 1987.’’. tion Act of 1979 (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to the Inter- ing our national security objectives; (14) The Country Reports on Terrorism 2008 namely, completely eliminating North also state, ‘‘A state that directs WMD re- national Emergency Economic Powers Act sources to terrorists, or one from which ena- (50 U.S.C. 1701 et seq.)); Korea’s nuclear weapons programs, bling resources are clandestinely diverted, (2) section 40 of the Arms Export Control preventing North Korean proliferation poses a grave WMD terrorism threat. Al- Act (22 U.S.C. 2780); or of weapons of mass destruction, and en- though terrorist organizations will continue (3) section 620A of the Foreign Assistance couraging North Korea to abide by to seek a WMD capability independent of Act of 1961 (22 U.S.C. 2371). international norms with respect to state programs, the sophisticated WMD Mr. LEVIN. I ask unanimous consent human rights. knowledge and resources of a state could en- that amendment Nos. 1761 and 1597 be Our amendment then expresses the able a terrorist capability. State sponsors of debated concurrently for up to 30 min- sense of the Senate that if the United terrorism and all nations that fail to live up utes, with the time equally divided and States finds that North Korea has, in to their international counterterrorism and ERRY fact—that we would know this within nonproliferation obligations deserve greater controlled between Senators K scrutiny as potential facilitators of WMD and BROWNBACK or their designees; that these 30 days—provided support for ter- terrorism.’’. upon the use or yielding back of time, rorism, then the Secretary of State (15) On October 11, 2008, the Secretary of the Senate proceed to vote in relation should immediately relist North Korea State, pursuant to the President’s certifi- to amendment No. 1761, to be followed as a state sponsor of terrorism. cation, removed North Korea from its list of by a vote in relation to No. 1597; that It also expresses the sense of the Sen- state sponsors of terrorism, on which North no amendment be in order to either ate that the United States should vig- Korea had been placed in 1988. amendment; that prior to the second orously enforce all existing unilateral (b) REPORT ON CONDUCT OF NORTH KOREA.— vote there be 2 minutes of debate di- and multilateral sanctions and con- Not later than 30 days after the date of the vided as provided above. sider the imposition of additional sanc- enactment of this Act, the President shall The PRESIDING OFFICER. Without tions if necessary to achieve the policy submit to Congress a detailed report exam- objection, it is so ordered. goals with respect to North Korea. ining the conduct of the Government of I believe it is an important, realistic North Korea since June 26, 2008, based on all The Senator from Massachusetts. available information, to determine whether Mr. KERRY. Mr. President, in addi- amendment. I think it is tougher be- North Korea meets the statutory criteria for tion to Senator LUGAR and Senator cause it mandates some things specific, listing as a state sponsor of terrorism. The LEVIN, I believe Senator WEBB is also and it rightly condemns North Korea, report shall— an original cosponsor of this amend- as we have.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7843 Let me emphasize, the United States, chance to debate this issue with my The officials, who were traveling with Sec- this administration, has fully and colleague, the distinguished Senator retary of State Hillary Clinton in Thailand, rightly condemned North Korea’s from Massachusetts. told reporters that the package is only in its launch of ballistic missiles and its test I find it very interesting to hear the early stages and will not be offered to North statement that the sanctions are work- Korea unless and until the allies sign off on of a nuclear weapon on May 25, 2009. We it. Pyongyang would also have to first take have led a strong international re- ing. I am trying to think of how they specific, concrete and ‘‘irreversible’’ steps to sponse to those provocations, and we are working at all. They are working begin destroying its arsenal of nuclear weap- succeeded in winning unanimous sup- to prevent North Korea from deto- ons. port from the United Nations for U.N. nating another nuclear weapon? That This is the third round of us giving Security Council Resolution 1874, im- did not quite work. We got another one incentives to North Korea not to de- posing sweeping new sanctions against of those. They are working to prevent velop nuclear weapons. It has not North Korea. The sanctions mandated them from launching more missiles? worked in the past. It is not going to under the U.N. Security Council Reso- Well, that one did not quite work. They work now. Why on Earth would we do lution 1874 include not only a com- are working to prevent North Korea something like this? prehensive arms embargo but also ro- from taking Americans hostage? Well, The Kerry amendment calls for a bust new financial sanctions on North that one did not quite work. study. Studies are fine. But it actually Korean trading companies, and visa re- I am trying to think how these sanc- delays the study that the State Depart- strictions on North Korean officials en- tions are working. And if they are so ment has already promised to me: that gaged in the proliferation of weapons of great on an international basis, why by the end of this month they will have mass destruction. aren’t we doing them on a domestic a study out as to whether they are pro- These sanctions have teeth. They are basis, for us toward North Korea? I am liferating further weapons, that they multilateral. And they are having an having difficulty. Maybe they are should be listed as a terrorist state. impact. A North Korean cargo ship sus- working for us to prevent North Korea The Kerry amendment says: 30 days pected of carrying arms to Burma from associating with the military after the enactment of this bill. Even if turned around after it was denied bun- junta in Myanmar. Wait a minute, that the bill gets through the floor this kering services in Singapore. The Gov- was in the news yesterday, that North week, it has to go to conference, and it ernment of Burma joined with us, and Korea is working to provide the mili- has to come back in front of this body. the government itself warned that the tary junta in Myanmar with weapons You are looking, probably, at October, ship would have to be inspected on ar- and possibly nuclear weapons that the maybe early November, that this actu- rival in order to ensure that it did not Secretary of State, Secretary Clinton, ally comes back—this law—and then 30 is talking about now happening. Well, have munitions onboard. The sanctions days after that the report has to be maybe it prevented—well, I guess it did have had a bite. They are working. issued. So we are looking at some- As strong as those measures have not quite prevent that. I am trying to figure out how the where, maybe November, December, for been, additional measures may be nec- sanctions have worked at all. I thought the report taking place, when the State essary, and this report will help us to it was a mistake when the Bush admin- Department has already told me they evaluate that. But additional steps, in- istration delisted them from the ter- will have their report out by the end of cluding the relisting of North Korea as rorist list in a negotiation of the six- July. So this is actually slowing down a state sponsor of terrorism, ought to party talks and said: OK, we will do the process, if we adopt this amend- be based on a careful examination of this, and they do that, and then ended ment. the facts—that is how we ought to do And it calls for a report. I am sure up doing nothing and, indeed, stepped things in the Senate—and an assess- Pyongyang is very concerned about up what they are doing more and more. ment of whether those sanctions are It seems to me very strange to sug- this report. But I do not think it is going to advance our interests. That is gest that the sanctions are working. I going to change any of the behavior precisely what the Kerry-Lugar-Levin- respect my colleague from Massachu- that is taking place. If we do not have Webb amendment mandates, and that setts. He is a strong chairman of the a strong answer, as a matter of fact, it is why it is actually a better sanctions Foreign Relations Committee. I do not is probably going to urge them to do policy than the alternative Brownback see where they have worked at all. I something even further. My colleagues are saying: Well, OK, amendment. would ask my colleagues to examine: Let me add one last word. We are you are being irresponsible in this Do they believe that the sanctions to currently deeply concerned about the statement on this narrow category of date have worked toward North Korea fate of two American journalists cur- whether they are doing anything with from the United States? And when you rently under detention in North Korea. Hezbollah. It is a bipartisan amend- examine the factual setting here, you The administration is engaged right ment that I put forward with Senator have to go: I don’t think so. I don’t now in sensitive discussions with the BAYH, who wanted that provision in it. think these have happened. There is a current CRS report that North Korean Government attempting Plus, I am very concerned that the talks about North Korea supporting to secure the immediate release of administration now is taking the tack Hezbollah, building bunkers, and sup- these two American citizens. For the of discussing an additional set of incen- porting and helping that out. That is a Senate to suggest—on something we al- tives to the North Korean regime to current factual setting, and my col- ready know is factually incorrect but try to get them from proliferating fur- league on the other side of the aisle, out of emotion and otherwise—that ther. This is an interesting, hot-off- Senator BAYH, has asked and pushed North Korea ought to be returned to the-press article from yesterday: that this be in the overall bill. the list of state sponsors of terrorism ‘‘Obama Administration Preparing In- I would ask my colleagues to look at without regard to whether they have, centives Package for North Korea.’’ this interesting definition of ‘‘inter- in fact, engaged in acts of terrorism or Mr. President, I ask unanimous con- national terrorism,’’ as shown on this provided support to terrorist organiza- sent that the article be printed in the chart. This is a definition that is in tions would be irresponsible with re- RECORD after my full statement. spect to those particular efforts and The PRESIDING OFFICER. Without U.S. statute on international ter- otherwise at this time. objection, it is so ordered. rorism. It appears to be written for We ought to proceed according to (See exhibit 1.) North Korea and North Korea in mind. facts. We ought to proceed in ways that Mr. BROWNBACK. Reading from this It defines the term under (1)(A), and best advance the interests of our coun- article: then under (B)—these are in the alter- try. The Obama administration is consulting native—(B) ‘‘appear to be intended’’— Mr. President, I reserve the remain- with allies on a new ‘‘comprehensive pack- the actions of ‘‘international ter- der of our time. age’’ of incentives— rorism’’ ‘‘appear to be intended to in- The PRESIDING OFFICER. The Sen- Not sanctions; incentives— timidate or coerce a civilian popu- ator from Kansas. aimed at persuading North Korea to abandon lation’’—that is what North Korea does Mr. BROWNBACK. Mr. President, its nuclear programs, senior U.S. officials and Kim Jong Il’s regime does—‘‘to in- thank you very much. I appreciate the confirmed Tuesday. fluence the policy of a government by

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7844 CONGRESSIONAL RECORD — SENATE July 22, 2009 intimidation or coercion’’—that is the The aides said that the administration target of broad sanctions by successive U.S. flying of missiles over Japan, that is needs to see concrete action. Mere assur- administrations over the last decade. the intimidation toward South Korea ances from North Korea that it will take ac- Clinton said Tuesday she would like to see or the United States—‘‘to affect the tion in the future would not be enough to Washington develop a ‘‘more productive’’ re- trigger the presentation of the incentives lationship with Burma, starting with steps conduct of a government by mass de- package, they said. by the government to release political pris- struction, assassination, or kidnap- The United States, though, has not yet oners and dissidents jailed there. ping’’—they have done kidnappings of conveyed to the North Koreans what the ‘‘ir- ‘‘We are very much engaged with partners Japanese citizens—‘‘to affect the con- reversible’’ steps might entail, as Wash- such as Thailand and others in assessing and duct of a government’’—clearly trying ington continues discussions with its allies determining not only what is going inside of to affect our conduct—(C) ‘‘occur pri- in the so-called Six Party Talks. Burma but also what we can do effectively to marily outside the territorial jurisdic- The aides, who work on North Korea policy change the direction and behavior of the tion of the United States.’’ This is for three separate agencies in the U.S. gov- Burmese leadership,’’ Clinton said. ernment, portrayed the development of the The PRESIDING OFFICER. The Sen- what North Korea is doing. new package as the second track of a two- I would further point out to my col- track approach. ator from Massachusetts. leagues that this is a sense of the Sen- The first track consists of continued ag- Mr. KERRY. Mr. President, I yield ate. As to the Kerry amendment, with gressive enforcement, also in conjunction myself such time as I will use, and I all due respect toward Senator KERRY, with other nations across the globe, of U.N. will be very brief. this is asking the administration to do Security Council Resolution 1874—which The Senator from Kansas just cited a report and asking and directing the gives U.N. member states increased author- the Congressional Research Service re- administration to take some steps. ity to interdict the flow of weapons and pos- port in his statement about Hezbollah. Ours is a sense of the Senate as to what sible nuclear material in and out of North I am reading from a memorandum from Korea. the Senate thinks, and it is saying that The aides made clear they expect the two- the President of the United States. the Senate believes North Korea should track approach to remain in place for the This is the Presidential report, certifi- be relisted as a state sponsor of ter- foreseeable future. cation, when he lifted the designation rorism. ‘‘This is not going to be resolved in a cou- of North Korea. And he wrote—this is I would ask my colleagues, in a com- ple of weeks,’’ one official said. ‘‘This could from the President— monsense review of what North Korea be a sustained, substantial effort that could Our review of intelligence community as- has done recently: Don’t you think go on quite a long time.’’ sessments indicates there is no credible or The package of incentives would include they qualify or, if they do not, what sustained reporting at this time that sup- some elements that are ‘‘familiar’’ from the ports allegations (including as cited in re- country in the world would qualify as a Six-Party talks, the officials said, as well as cent reports by the Congressional Research state sponsor of terrorism if North new ones and some that differ in their ‘‘di- Service) that the DPRK has provided direct Korea does not, with what it has done, mensions.’’ or witting support for Hezbollah, Tamil Ti- what it has done personally, what it The United States, China, Japan, South gers, or the Iranian Revolutionary Guard. Korea and Russia are the other participants has conducted with other countries, Should we obtain credible evidence of cur- in the long-running—and long-stalled—Six- with Syria, with Myanmar, with these rent DPRK support for international ter- Party Talks aimed at persuading North other rogue groups? rorism at any time in the future, the Sec- Korea to abandon its nuclear programs. It is a sense of the Senate to state we retary could again designate the DPRK a The emphasis on consultation with these believe North Korea is a state sponsor state sponsor of terrorism. other countries derives, the officials said, of terrorism. It is bipartisan with Sen- from the perception among some of them We have not received that evidence. ator BAYH and myself. It has a number that the Bush administration did not ade- We specifically request it. And con- of cosponsors on it. It actually would quately confer with them prior to the re- trary to what the Senator just said, be productive for us to say to North moval of North Korea from Washington’s list this does not delay the report. It says: Korea, in a public way, we believe they of state sponsors of terrorism last year. not later than 30 days after the pas- ‘‘The Japanese do have anxieties about en- are acting like state sponsors of ter- sage. The report can come next week. rorism. I believe it would be actually gagement of North Korea,’’ one official said. The officials also echoed the ‘‘growing con- The report can come in answer to the counterproductive if this body were to cerns’’ about reports of a military relation- Senator’s request. We would ask for say we think it should be studied and a ship between North Korea and Burma that that. report issued. That is not going to be Clinton voiced earlier Tuesday in a news Let’s be accurate in this designation. the sort of strong action that would be conference with Thailand’s deputy prime The President of the United States said understood at all by the government in minister. there is no credible evidence. And there Pyongyang at this point in time. ‘‘It would be destabilizing for the region’’ is none to this date. Our report asks for if such reports were true, Clinton said, add- With that, I would urge my col- whether any currently exists. That is leagues to look at the Brownback-Bayh ing, ‘‘It would pose a direct threat to Bur- ma’s neighbors. And it is something, as a the way the Senate ought to behave amendment, to support it on its very treaty ally of Thailand, that we are taking with respect to serious matters such as sensible grounds—it is a sense of the very seriously.’’ this. Senate—and to vote for the amend- Briefing reporters after Clinton’s news con- Mr. President, I yield the remainder ment. ference, the senior officials said their con- of the time to the distinguished chair- With that, Mr. President, I yield the cerns range from suspicions that North man of the committee. Korea is supplying small arms to Burma to floor and reserve the remainder of our The PRESIDING OFFICER. The Sen- time. reports of possible nuclear collaboration between the two countries. Pressed on the nu- ator from Michigan. EXHIBIT 1 clear question, the officials refused to dis- Mr. LEVIN. Mr. President, the lan- [From FOXNews.com, July 21, 2009] cuss classified intelligence data but noted guage in the Kerry amendment does OBAMA ADMINISTRATION PREPARING North Korea’s history of proliferation with one other thing relative to this report. INCENTIVES PACKAGE FOR NORTH KOREA Syria. One aide said the possibility of nu- It says if the United States determines (By James Rosen) clear collaboration between Pyongyang and that the Government of North Korea BANGKOK.—The Obama administration is Burma is ‘‘one of those areas that we would has indeed engaged in terrorist activi- consulting with allies on a new ‘‘comprehen- like to know more about.’’ ties, then the Secretary of State shall sive package’’ of incentives aimed at per- To that end, U.S. intelligence agencies are suading North Korea to abandon its nuclear studying recently published photographs ‘‘immediately list North Korea as a programs, senior U.S. officials confirmed purporting to show an elaborate set of under- state sponsor of terrorism.’’ So it re- Tuesday. ground tunnels that North Korea has built quires a report in not more than 30 The officials, who are traveling with Sec- along Burma’s border with Thailand. The of- days. That could come at any time. retary of State Hillary Clinton in Thailand, ficials said they see ‘‘some similarities’’ be- But it also requires action if the Sec- told reporters that the package is only in its tween the tunnels in the photographs and a retary of State makes the finding. early stages and will not be offered to North network of underground tunnels in North The last administration, the Bush ad- Korea unless and until the allies sign off on Korea, the existence of which the United it. Pyongyang would also have to first take States learned about in the 1990s. ministration, delisted North Korea. specific, concrete and ‘‘irreversible’’ steps to Both North Korea and Burma, a repressive They found there was no credible evi- begin destroying its arsenal of nuclear weap- military dictatorship whose leaders have re- dence of state-supported terrorism. We ons. named the country Myanmar, have been the are a government of laws. Our laws

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7845 provide for a listing of countries that a totalitarian government. Our govern- Mr. MCCAIN. Isn’t it true that there engage in terrorist activities or sup- ment is a government of laws. We have is a published news report that North port terrorist activities. It does not a law that provides for the listing of Korea and Iran have worked together provide for a listing of countries that, countries that support terrorist acts. in the development of nuclear weapons no matter all of the other things they The administration, after a long as- and nuclear technology, and if Iran ac- do which are so wrong, so bad, so objec- sessment, concluded there was no cred- quires that capability, it certainly tionable to the international commu- ible evidence that North Korea engaged ratchets up the tensions between Iran nity, so justifiably producing sanctions in the activities which appropriately and Israel? and other kinds of diplomatic actions required it or appropriately permitted Mr. BROWNBACK. Published reports, against them—regardless of those ac- it to be listed on the terrorist state list and the missile technology the Ira- tivities, unless they are a supporter of and therefore removed it from that nians use is built off of the No-dong terrorist acts, our laws do not provide list. That is the last action by the ad- system of the North Koreans. ministration. that they be put on the terrorist list. Mr. MCCAIN. The latest information By the way, being on that terrorist That is our law. That is what the Bush in the last few days is that there is co- administration was applying when they list did not change the actions or the activities of the Government of North operation between North Korea and delisted North Korea. Myanmar, better known to some of us North Korea is a country which en- Korea, in any event. I very much support that terrorist list. I very much as Burma, one of the real rogue nations gages in horrendous activities. That is of the world. not the issue. I don’t know of anybody support it being kept up to date and Mr. BROWNBACK. There is. in this Senate who does not believe being used appropriately. But I don’t North Korea engages in repressive, au- think we should in any way kid our- Mr. MCCAIN. So if that North Korean thoritarian activities. I don’t know of selves as to whether being on that list ship, which was shadowed for a period anybody in this Senate who does not is going to change the activities of of time by the U.S. Navy, had gone into believe the North Korean leadership is North Korea. port in Myanmar, do you think there is reprehensible in the way it treats its We need other countries to support any likelihood the Government of citizens. There is a long list of actions us in putting maximum pressure on Myanmar would have complied with on the part of North Korea in terms of North Korea. When we act lawfully— the U.N. resolution that required that its pursuit of ballistic missiles, provoc- when we put sanctions on North Korea, ship to be inspected by ‘‘port authori- ative actions it has taken of the test- working with other countries, we are ties’’? ing of nuclear devices, firing a series of acting lawfully. If we do not abide by Mr. BROWNBACK. Myanmar has not missiles. It has clearly solidified its our own law which defines when a cooperated with anything the United status as a pariah of the region and of country will go on a terrorist list, we Nations has directed to date. I don’t the international community at large. are setting the wrong example for the know why they would cooperate with So the question isn’t whether strong world, and it makes it more difficult anything such as that. for us to obtain the kind of support action should be taken. We should take Mr. MCCAIN. I thank the Senator. Of strong action which will be effective from other countries which we deserve course, maybe North Korea, when we against the government—not the peo- in going after the abominable activi- look at it with a very fine definition of ple but the government—of North ties of the Government of North Korea. terrorism—from the recent Washington I don’t know whether our side has Korea. The Kerry amendment lays out Post article about 200,000 people in the any time left, but if we do, I reserve a course of action, exploring additional most horrible prison conditions in the sanctions so that we can put additional the remainder of our time. The PRESIDING OFFICER (Mr. world perhaps would argue that we power and leverage against the Govern- should do whatever we can—short, ob- BURRIS). The time has expired. ment of North Korea, as well as requir- The Senator from Arizona is recog- viously, of any military action—to try ing our administration to consider nized. to see that the North Korean regime whether the Government of North Mr. MCCAIN. Mr. President, I ask acts at least in some civilized fashion. Korea should be listed again. And if so, unanimous consent to ask several ques- Mr. BROWNBACK. I think they if they find that under our law there is tions of the Senator from Kansas. should. reason to put it back on the terrorist The PRESIDING OFFICER. Without Mr. President, I would point out, if I list, then they must, under the Kerry objection, it is so ordered. could, to my colleagues as well—if I amendment, take that step. Mr. MCCAIN. Mr. President, has the could have the floor. What the Kerry amendment avoids Senator from Kansas detected any doing is what the Brownback amend- The PRESIDING OFFICER. The Sen- change in North Korean behavior since ator from Kansas is recognized. ment does in one part of the the imposition of sanctions by the Brownback amendment, which is say- United Nations? Mr. BROWNBACK. I am frustrated on ing that the Government of North Mr. BROWNBACK. Yes. They have this topic. I would presume the chair- Korea should be on a list of terrorist taken more provocative actions rather man—I know the chairman of the For- states when the last thing we have than less provocative actions since the eign Relations Committee is frus- heard from an American administra- imposition of the U.S. sanctions, if not trated, along with the chairman of the tion was from the Bush administration more. Armed Services Committee. I have taking the North Korean Government Mr. MCCAIN. Including launching worked too long with the refugees and off the list because they could not find missiles on the Fourth of July. the people in the gulag and people try- credible evidence that the government Mr. BROWNBACK. It is a strange day ing to get out of North Korea for us to took actions which would require it they would pick, the Fourth of July, now back up and say: OK, we want a re- being placed on the list of terrorist but they did. port. These folks are dying. They are in states. Mr. MCCAIN. Isn’t it true that there a gulag the likes of which was in the So again, it seems to me that clearly is evidence that North Koreans were Soviet era. This has been published and our goals here are similar. I had hoped involved in the construction of a nu- it is all available to us and we want a we might be able to reach a consensus clear facility in Syria which the report. I understand people don’t want on common language, but so long as Israelis felt was enough of a threat to to go this far, but this is very frus- this body expresses itself very strong- their national security that they de- trating. If you were in one of those sit- ly, as the Kerry and Lugar amendment stroyed it? uations—and people track what comes does, it seems to me we will then have Mr. BROWNBACK. Absolutely, abun- out of the Senate, just as in the Soviet made an important statement to the dant evidence, and it was amazing how gulag they tracked what came out of Government of North Korea and at the quiet the world community was for a here then—it would be like saying to same time avoided taking a step which long period of time, because I guess them: Well, we are not that concerned our laws do not provide for. they didn’t want it known that the about you; whereas, if we take strong One of our arguments with North North Koreans did built that facility or action such as what I am saying, it Korea is that they are lawless, they are that it was in Syria. does give them hope. That is what I am

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7846 CONGRESSIONAL RECORD — SENATE July 22, 2009 asking us to do. I think it is very re- All time has expired. The motion to lay on the table was sponsible, and it is a sense of the Sen- Mr. KERRY. Mr. President, I ask for agreed to. ate, what we are asking them to do. the yeas and nays on amendment No. AMENDMENT NO. 1597 That is what is at the root of this. 1761. The PRESIDING OFFICER. Under The chairman of the Armed Services The PRESIDING OFFICER. Is there a the previous order, there will be 2 min- Committee says: Well, they were sufficient second? There appears to be. utes of debate equally divided prior to delisted by the last administration. The yeas and nays are ordered. a vote in relation to amendment No. And they certainly were, but they were Mr. BROWNBACK. Mr. President, I 1597, offered by the Senator from Kan- not removed from that list because have a parliamentary inquiry, if I sas. Who yields time? they stopped sponsoring terrorism. The could. Have the yeas and nays been or- The Senator from Kansas. regime was delisted in order to entice dered on both amendments? Mr. BROWNBACK. Mr. President, I them to dismantle their weapons of The PRESIDING OFFICER. The yeas ask for an ‘‘aye’’ vote on this amend- mass destruction program. It was a six- and nays have been ordered on amendment even if people voted for the Kerry party talk negotiation, and that didn’t ment No. 1761. amendment. It was critically impor- work, just as the prior negotiations on The Senator from Michigan is recog- tant during the Soviet gulag days that weapons of mass destruction didn’t nized. the people in the gulags knew we cared work. Why should we continue the Mr. LEVIN. Mr. President, I ask for and that we were focused on them. If problem if that is the case? the yeas and nays on both amend- we vote to say we are going to issue a Mr. KERRY. Would the Senator yield ments. report, that is fine. But it doesn’t say for a question? The PRESIDING OFFICER. Is there a much to people in a gulag. If we vote to Mr. BROWNBACK. I am happy to sufficient second? say it is the sense of the Senate that yield for a question. There appears to be. North Korea is a state sponsor of ter- Mr. KERRY. Is the Senator sug- The yeas and nays are ordered on rorism, it is a strong message. It gives gesting that the President of the both amendments. hope to people who don’t have hope United States in his letter of certifi- The PRESIDING OFFICER. The today. cation misinformed the American peo- question is on agreeing to amendment Who in this body doubts that North ple and the Senate? No. 1761. Korea is a state sponsor of terrorism? Mr. BROWNBACK. What I am sug- The clerk will call the roll. With nuclear weapons, missiles being gesting is that this was part of a nego- The legislative clerk called the roll. launched, a connection with tiation and that they have wide lati- Myanmar—with all these things taking tude. In fact, if I may continue my an- Mr. DURBIN. I announce that the Senator from West Virginia (Mr. place today, who can doubt that they swer for my colleague who has asked a are a terrorist country? BYRD), the Senator from Massachusetts very pertinent question on this issue I urge my colleagues, even those who (Mr. KENNEDY), and the Senator from and who is very familiar with the six- supported the Kerry amendment, to Maryland (Ms. MIKULSKI) are nec- party talks, as I am partially, some- also vote for this one to send the mes- essarily absent. what familiar with the six-party talks, sage that North Korea is a state spon- The PRESIDING OFFICER. Are there these have been talks going on for a sor of terrorism and to send a message any other Senators in the Chamber de- long period of time. The North Koreans of hope to those in the North Korean siring to vote? hate being listed as a state sponsor of gulags. terrorism. Their big push was to be The result was announced—yeas 66, I yield back my time. delisted. The administration has broad nays 31, as follows: The PRESIDING OFFICER. The Sen- authority. It has broad abilities to be [Rollcall Vote No. 238 Leg.] ator from Massachusetts. able to interpret this, and they said: YEAS—66 Mr. KERRY. Mr. President, it would OK, we are going to be able to do this, Akaka Franken Murkowski be both inconsistent and inappropriate and we will find some room in here to Alexander Gillibrand Murray to vote aye on both amendments for a interpret it this way, in exchange for Baucus Grassley Nelson (NE) couple of reasons. First of all, the Bayh Gregg Nelson (FL) you guys stopping your weapons of Begich Hagan Pryor amendment we just passed with 66 mass destruction, which did not hap- Bennet Harkin Reed votes mandates that no later than 30 pen. Bingaman Inouye Reid days after this is passed—it could hap- Boxer Johnson Rockefeller pen next week, in 3 weeks—we are I am saying that what we should do Brown Kaufman Sanders now is not continue with that mistake. Burris Kerry Schumer mandating the report from the admin- What I am saying we should do now is, Cantwell Klobuchar Shaheen istration with respect to whether there let’s call a spade a spade in this situa- Cardin Kohl Snowe is evidence at this time of North Korea Carper Landrieu Specter actually aiding or abetting or being a tion. This is a terrorist nation. The Casey Lautenberg Stabenow Senator from Massachusetts knows Collins Leahy Tester terrorist state. that. He knows what is taking place Conrad Levin Udall (CO) The most recent finding of the intel- and what they are doing. They are one Corker Lieberman Udall (NM) ligence community says no. The Presi- Dodd Lincoln Voinovich dent of the United States, George of the lead sponsors of terrorist activi- Dorgan Lugar Warner ties in arming, bad, rogue regimes Durbin McCaskill Webb Bush, certified to us when he decerti- around the world, and the Senator Feingold Menendez Whitehouse fied them as a terrorist state that they Feinstein Merkley Wyden knows that. What we should do is call were not engaged in any activities of that what it is in this Senate and not NAYS—31 aiding and abetting terrorism at that call for just a report. Barrasso DeMint McCain time in the world. There is no evidence Mr. KERRY. Mr. President, if the Bennett Ensign McConnell within the intelligence community at Senator will further yield, does the Bond Enzi Risch this moment in time that says so. Brownback Graham Roberts The Brownback amendment states Senator from Kansas believe this lan- Bunning Hatch Sessions that there is. So it is wrong, and it guage: Burr Hutchison Shelby Our review of intelligence community as- Chambliss Inhofe Thune would be inappropriate for the Senate Coburn Isakson Vitter to base designating North Korea as a sessments indicates there is no credible or Cochran Johanns Wicker sustained reporting at this time that sup- Cornyn Kyl terrorist state on findings that do not ports allegations they have provided direct Crapo Martinez exist, as well as doing so at a time support— when we are negotiating to get the re- NOT VOTING—3 Et cetera— lease of two young journalists. This Byrd Kennedy Mikulski and should we have credible evidence of would be a completely inappropriate international terrorism at any time in the The amendment (No. 1761) was agreed measure by the Senate at this time. future— to. The PRESIDING OFFICER. The The President clearly—— Mr. KERRY. I move to reconsider the question is on agreeing to amendment The PRESIDING OFFICER. The Sen- vote, and I move to lay that motion on No. 1597. The yeas and nays have been ator’s time has expired. the table. ordered. The clerk will call the roll.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7847 Mr. LEVIN. Parliamentary inquiry. The PRESIDING OFFICER. Without forward. But I do have two amend- The PRESIDING OFFICER. The Sen- objection, it is so ordered. ments I care about. Maybe I can talk ator from Michigan. Mr. LEVIN. Mr. President, I ask to the chairman in a little bit. I thank Mr. LEVIN. Mr. President, after the unanimous consent that, first, there be him for his courtesy. I will not object. conclusion of this vote, is there any a period of morning business of 5 min- The PRESIDING OFFICER. Is there pending amendment? utes, so Senator BROWN can speak as in objection? The PRESIDING OFFICER. There morning business. Then we proceed to Mr. MCCAIN. In response to the Sen- will not be. consideration of the amendment of ator from Alabama, I will do every- Mr. LEVIN. Mr. President, to let Senator CARDIN, amendment No. 1763. thing I can to get his amendment in folks know, I intend to ask for a After the disposition of that amend- order. Senator ISAKSON and Senator quorum call immediately following ment, that the Senator Kyl amend- BURR and Senator BOND and others this vote to try to work out an orderly ment, No. 1760, be in order. There may have all come up and said they want way to proceed on amendments. or may not be a second-degree amend- their amendments in line. I think we The PRESIDING OFFICER. The ment to that of Senator KYL—that it have to have some kind of consultation clerk will call the roll. be in order if there is a second-degree on our side to establish a priority. The legislative clerk called the roll. amendment. After the disposition of I also would like to point out, the Mr. DURBIN. I announce that the the amendment of Senator KYL and the amendment of Senator SESSIONS, I be- Senator from West Virginia (Mr. second-degree amendment thereto, we lieve, is on missile defense, a very im- BYRD), the Senator from Massachusetts then proceed—presumably it would be portant amendment. (Mr. KENNEDY), and the Senator from in the morning—to an amendment by I also think, in full disclosure, the Maryland (Ms. MIKULSKI) are nec- Senator LIEBERMAN, No. 1744, with a 1- majority leader, I am told, will file clo- essarily absent. hour time agreement and a side-by-side ture tonight, which will then, at some The PRESIDING OFFICER. Are there amendment or a second-degree amend- point, rule out nongermane amend- any other Senators in the Chamber de- ment of Senator BAYH relative to the— ments. But I will do everything I can siring to vote? relevant to the Lieberman amendment, to get Senator SESSIONS’ amendment The result was announced—yeas 43, which would also have a 1-hour time up, in order. But we have been fol- nays 54, as follows: agreement. lowing a process, as I am sure the Sen- [Rollcall Vote No. 239 Leg.] The PRESIDING OFFICER. Is there ator from Alabama knows, of one side’s YEAS—43 objection? amendment and then the other side’s Alexander Ensign McConnell Mr. SESSIONS. Reserving the right amendment, going back and forth. Barrasso Enzi Murkowski to object. The PRESIDING OFFICER. The Sen- Bayh Graham Nelson (NE) The PRESIDING OFFICER. The Sen- ator from Alabama is recognized. Bennett Grassley Nelson (FL) ator from Arizona is recognized. Mr. SESSIONS. The missile defense Bond Gregg Risch C amendment is one that is a sense-of- Brownback Hatch Mr. M CAIN. Mr. President, reserv- Roberts ing the right to object and I will not the-Senate amendment that Senator Bunning Hutchison Sessions Burr Inhofe Shelby object, I say in the case of the amend- LIEBERMAN is offering now. That was Chambliss Isakson Snowe ment of Senator CARDIN, there is no ob- not the two I referred to. I agree with Coburn Johanns Thune Senator MCCAIN that sense of the Sen- Cochran Kyl jection on this side. We would be glad Vitter Collins Lieberman to agree to a 15-minute time agree- ate definitely needs a vote. It is an im- Cornyn Lincoln Voinovich portant issue. Wicker ment, if that is agreeable. Crapo Martinez Mr. LEVIN. That presumably might The other two amendments I have I DeMint McCain be adopted without a rollcall as well. hope also can be considered. I will be NAYS—54 Mr. President, let me revise my pleased to talk with the Senator and Akaka Feinstein Merkley unanimous consent request for Senator his staff about it. Baucus Franken Murray CARDIN’s amendment having a 15- The PRESIDING OFFICER. Is there Begich Gillibrand Pryor an objection to the request? Without Bennet Hagan Reed minute time agreement, that there not Bingaman Harkin Reid be a time agreement set yet on the objection, it is so ordered. Boxer Inouye Rockefeller Lieberman amendment No. 1744 and the Mr. LEVIN. I thank the Presiding Of- Brown Johnson Sanders ficer and thank Senator SESSIONS as Burris Kaufman Schumer Bayh second-degree amendment or Cantwell Kerry Shaheen side-by-side amendment to it because well. As I understand it, the amend- Cardin Klobuchar Specter apparently we could not get that, for ments Senator SESSIONS was referring Carper Kohl Stabenow some reason I don’t understand or to were amendments relating to al- Casey Landrieu Tester Qaida; am I correct? Conrad Lautenberg Udall (CO) know. I don’t understand the reason or Corker Leahy Udall (NM) the objection. Mr. SESSIONS. That is correct. Dodd Levin Warner One other correction. The Cardin The PRESIDING OFFICER. The Sen- Dorgan Lugar Webb amendment is No. 1475, not No. 1763. ator from Ohio is recognized. Durbin McCaskill Whitehouse HEALTH CARE REFORM Feingold Menendez Wyden Mr. SESSIONS. Reserving the right to object, Mr. President. Mr. BROWN. Mr. President, the NOT VOTING—3 The PRESIDING OFFICER. The Sen- progress of this country does not and Byrd Kennedy Mikulski ator from Alabama. has not come easily. Passage of the The amendment (No. 1597) was re- Mr. SESSIONS. I wonder, I know the Civil Rights Act was not easy. Passage jected. bill managers have many challenges, of the Voting Rights Act was not easy. Mr. KERRY. Mr. President, I move to but I wonder if they contemplate that Passage of the Social Security Act was reconsider the vote. I would have the opportunity to call up not easy. The Fair Housing Act, that Mr. LEVIN. I move to lay that mo- Sessions amendments Nos. 1657 and was not easy. Passage of Medicare and tion on the table. 1533 before we go too far in this proc- Medicaid was not easy. The motion to lay on the table was ess. This year, passage of health care re- agreed to. Mr. LEVIN. There are a number of form will not be easy. Time and time The PRESIDING OFFICER. The Sen- people who have asked to be put in line again, decade after decade, special in- ator from Michigan. at this point. We have been unable to terests—the drug companies, the insur- Mr. LEVIN. Mr. President, I suggest go beyond where we are. That took ance companies, medical interests— the absence of a quorum. enough time. We thought, if we went have delayed and denied and destroyed The PRESIDING OFFICER. The any further, it would be impossible to meaningful health care reform. clerk will call the roll. get this unanimous consent done be- In recent weeks and months, oppo- The legislative clerk proceeded to cause there are many people who are in nents have ramped up their efforts to call the roll. the same position as our friend from derail health care reform, saying you Mr. LEVIN. Mr. President, I ask Alabama. have to slow down but, as with other unanimous consent the order for the Mr. SESSIONS. I am not delaying, of historic legislative victories, we must quorum call be rescinded. course. We want to see this bill move find a path forward.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7848 CONGRESSIONAL RECORD — SENATE July 22, 2009 Last week, the Senate Health, Edu- tory for the millions of American fami- The PRESIDING OFFICER. Without cation, Labor, and Pensions Committee lies and business owners, like Joseph, objection, it is so ordered. found a path forward that works for whose health care costs have soared The Senator from Maryland is recog- American families and businesses. out of control. nized. The HELP health reform legislation It is a victory for the 46 million unin- AMENDMENT NO. 1475 is designed to lower costs, provide sured Americans and millions more Mr. CARDIN. I call up amendment more coverage choices, and ensure that underinsured, those whose financial se- No. 1475 and ask for its immediate con- Americans have insurance they can curity is at risk day in and day out be- sideration. count on. cause of health care costs. The PRESIDING OFFICER. The This legislation would give every And it is a victory for U.S. taxpayers. clerk will report. American access to quality, affordable, If we are going to get a grip on The assistant legislative clerk read and flexible health insurance. health spending, we have got to as follows: This legislation would reduce costs squeeze out waste, needless redtape, The Senator from Maryland [Mr. CARDIN] by decreasing fraud, abuse, and medical and costly medical errors. proposes an amendment numbered 1475. errors while promoting best practices We have to give private insurers a Mr. CARDIN. I ask unanimous con- and prevention and wellness initia- reason to charge reasonable premiums, sent that the reading of the amend- tives. not grossly inflated ones. ment be dispensed with. It would provide insurance security I am proud that the President is The PRESIDING OFFICER. Without for people who lose their job, their cov- touring the Cleveland Clinic tomorrow. objection, it is so ordered. erage, or maybe their patience with an Cutting edge health systems like the The amendment is as follows: insurer who has let them down. Cleveland Clinic University Hospitals, (Purpose: To require the Secretary of De- And, this legislation gives Americans and the Metro Health System all in fense to report on the numbers and percentages of troops that have served or are more health care choices. Cleveland, have helped to give Ohio its serving in Iraq and Afghanistan who have The public option in our legislation— reputation as a leader in high quality been prescribed antidepressants or drugs to the Community Health Insurance Op- health care. treat anxiety) tion—is a national insurance program Our work will not be done until Ohio- At the end of subtitle C of title VII, add modeled after coverage offered to Mem- ans like 73-year-old Bert from Allen the following: bers of Congress. County can afford the retirement he SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS A strong public option would ensure deserves. FOR TROOPS SERVING IN IRAQ AND Americans in every State have insur- Bert wrote to me that he cannot af- AFGHANISTAN. (a) REPORT.— ance choices they can trust. ford to retire, despite suffering a heart (1) IN GENERAL.—Not later than June 30, It would increase price competition attack last year. 2010, and annually thereafter until June 30, in the health insurance market to He described how exorbitant prescrip- 2015, the Secretary of Defense shall submit drive premiums down. tion drug costs leave the unacceptable to Congress a report on the prescription of And a strong public option would set choice between his medication or his antidepressants and drugs to treat anxiety a standard for quality coverage that wife’s medication. But not both. for troops serving in Iraq and Afghanistan. gives private insurers a benchmark and Bert wrote to me, ‘‘God help us (2) CONTENT.—The report required under Americans new options. should anything happen to my wife paragraph (1) shall include— Let’s face it. There is nothing like medically. We will, no doubt, lose ev- (A) the numbers and percentages of troops that have served or are serving in Iraq and good old fashioned competition to keep erything we have worked all of our Afghanistan since January 1, 2005, who have insurers honest. lives for.’’ been prescribed antidepressants or drugs to Under our bill, no longer would insur- Our work cannot be done until Bert, treat anxiety, including psychotropic drugs ers be able to hide behind preexisting Joseph, Robert, and Carol, and every such as Selective Serotonin Reuptake Inhibi- conditions, health history, age, gender, American live in a Nation with an af- tors (SSRIs); and or race to deny coverage and delay care fordable, effective, and inclusive health (B) the policies and patient management for patients. care system. practices of the Department of Defense with Done right, health reform represents Our work will not be done until cru- respect to the prescription of such drugs. (b) NATIONAL INSTITUTE OF MENTAL HEALTH a real opportunity to expand access to cial national priorities are no longer STUDY.— quality, affordable coverage for all crowded out by health care spending. (1) STUDY.—The National Institute of Men- Americans, like Robert and Carol of Our work will not be done until ex- tal Health shall conduct a study on the po- Bryan, OH, in Williams County, north- ploding health care costs no longer cut tential relationship between the increased west Ohio. into family budgets, no longer weigh number of suicides and attempted suicides Carol is a social worker who works down businesses, and no longer drain by members of the Armed Forces and the infor a nonprofit drug, alcohol, and men- tax dollars from local, State, and Fed- creased number of antidepressants, drugs to treat anxiety, other psychotropics, and other tal health agency. Her husband Robert, eral budgets. behavior modifying prescription medications a self employed barber, had his first It will not be easy, but as history being prescribed, including any combination bout with cancer in 2003 and is facing, demonstrates the important changes or interactions of such prescriptions. The just days from now, another cancer rarely are. Department of Defense shall immediately surgery. The PRESIDING OFFICER. The Sen- make available to the National Institute of Robert and Carol wrote to me that ator from Michigan. Mental Health all data necessary to com- they depleted their life savings to Mr. LEVIN. Mr. President, the unani- plete the study. cover cancer treatments and maintain mous consent request indicated that (2) REPORT ON FINDINGS.—Not later than coverage to monitor cancer remission. there would be 15 minutes on the two years after the date of the enactment of this Act, the Secretary of Defense shall sub- Carol wants Members in this Body to Cardin amendment, No. 1475. I am won- mit to Congress a report on the findings of let her husband fight for his life, not dering if my friend from Arizona might the study conducted pursuant to paragraph fight with insurance companies. listen to this as well. On Senator (1). Joseph, in Summit County, operates CARDIN’s amendment, we did not say Mr. CARDIN. I want to thank Sen- a small land surveying business that is ‘‘equally divided.’’ We are not sure ators LEVIN and MCCAIN for their help struggling to pay health insurance pre- whether there is opposition to it. If in allowing me to bring forward this miums. there is, we should now say ‘‘equally amendment. This amendment is an im- After being diagnosed with multiple divided.’’ If not, Senator CARDIN only portant amendment which deals with sclerosis in 2004, Joseph wrote to me needs about 5 to 10 minutes. the increasing numbers of suicides and that it is impossible for his business to Mr. MCCAIN. I am not sure anyone attempted suicides by the young men shop around for more affordable health wants to challenge Senator CARDIN’s and women serving in the U.S. mili- coverage because of his preexisting eloquence. tary. condition. Mr. LEVIN. In that case, I ask unani- We have not only seen each month an The HELP Committee’s Affordable mous consent we say ‘‘equally divided’’ increased number of suicides and at- Health Choices Act represents a vicin case anyone changes their mind. tempted suicides, but recently we saw

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7849 the killing of five of our servicemem- I think we have tried to deal with the and President Barack Obama of the United bers when a fellow soldier allegedly legitimate concerns that have been States of America after their meeting in opened fire inside a mental health clin- raised. I hope my colleagues would London, England on April 1, 2009, the two ic at Camp Liberty in Iraq. agree that this is an important matter Presidents agreed ‘‘to pursue new and The purpose of this amendment is for verifiable reductions in our strategic offen- that should be included in our DOD au- sive arsenals in a step-by-step process, begin- the Department of Defense to give us thorization. I talked about it yester- ning by replacing the Strategic Arms Reduc- information on the type of medications day. I am glad now that I had the option Treaty with a new, legally-binding trea- that are being prescribed so we can get portunity to, in fact, offer this amend- ty’’. a better handle on whether there is ment. (2) At that meeting, the two Presidents in- more that we can do in order to protect With that, if there is no one inter- structed their negotiators to reach an agree- our young men and women who are ested in speaking in opposition, I am ment that ‘‘will mutually enhance the secu- serving our Nation. prepared to yield back my time. rity of the Parties and predictability and Yesterday, we did something to help The PRESIDING OFFICER. If there stability in strategic offensive forces, and in approving the Lieberman amend- will include effective verification measures is no further debate, the question is on drawn from the experience of the Parties in ment. The Lieberman amendment in- agreeing to the amendment. creased our force levels, our authorized implementing the START Treaty’’. The amendment was agreed to. (3) Subsequently, on April 5, 2009, in a force levels. One of the suspected rea- Mr. LEVIN. Mr. President, I move to speech in Prague, the Czech Republic, Presi- sons suicides and attempted suicides reconsider the vote. dent Obama proclaimed, ‘‘Iran’s nuclear and are increasing is the number of deploy- Mr. MCCAIN. I move to lay that mo- ballistic missile activity poses a real threat, ments, the length of deployments, and tion upon the table. not just to the United States, but to Iran’s the fact that we do not have enough The motion to lay upon the table was neighbors and our allies. The Czech Republic personnel in order to do the normal agreed to. and Poland have been courageous in agreeing military responsibilities so that we to host a defense against these missiles. As Mr. LEVIN. I suggest the absence of long as the threat from Iran persists, we will have to continue to call up again our a quorum. young people for renewed deployments. go forward with a missile defense system The PRESIDING OFFICER. The that is cost-effective and proven.’’ That will certainly help. clerk will call the roll. (4) President Obama also said, ‘‘As long as This Congress has passed significant The assistant legislative clerk pro- these [nuclear] weapons exist, the United increases in funds for mental health ceeded to call the roll. States will maintain a safe, secure and effec- services for our service personnel. That Mr. KYL. I ask unanimous consent tive arsenal to deter any adversary, and will clearly help. But one thing we that the order for the quorum call be guarantee that defense to our allies, includ- should all be concerned about is that rescinded. ing the Czech Republic. But we will begin the there are more and more of our soldiers The PRESIDING OFFICER. Without work of reducing our arsenal.’’ (b) LIMITATION.—Funds authorized to be who are using prescription objection, it is so ordered. antidepressant drugs, SSRIs, and we appropriated by this Act or otherwise made AMENDMENT NO. 1760 are not clear as to whether they are available to the Department of Defense for Mr. KYL. What I am going to do now fiscal year 2010 may not be obligated or ex- under appropriate medical supervision. is seek to get an amendment which is pended to implement reductions in the stra- I say that because these SSRIs take filed pending. The other side will want tegic nuclear forces of the United States pur- several weeks before they reach their to offer a side-by-side amendment. I suant to any treaty or other agreement en- full potential as far as blocking depres- understand there may be an oppor- tered into between the United States and the sion or dealing with the causes of de- Russian Federation on strategic nuclear tunity to debate some of this tonight. pression. During that period of time, forces after the date of enactment of this Act Some of the other debate may have to particularly if they are in the age unless the President certifies to Congress be tomorrow, and that is fine. But at group of 18 to 24—many are in that age that— this point, is there an amendment (1) the treaty or other agreement provides group—they are susceptible to in- pending? for sufficient mechanisms to verify compli- creased thoughts of suicide. ance with the treaty or agreement; Many of our service people are chang- The PRESIDING OFFICER. There is not an amendment pending. (2) the treaty or other agreement does not ing from location to location. They place limitations on the ballistic missile de- may very well be in the theater of bat- Mr. KYL. I call up amendment No. 1760 and ask for its immediate consid- fense systems, space capabilities, or ad- tle. They may not be able to get the vanced conventional weapons of the United proper type of supervision. So we are eration. States; and concerned about whether the use of The PRESIDING OFFICER. The (3) the fiscal year 2011 budget request for these drugs is being appropriately ad- clerk will report. programs of the Department of Energy’s Na- ministered, but we do not have the The assistant legislative clerk read tional Nuclear Security Administration will facts; we do not have the information. as follows: be sufficiently funded— (A) to maintain the reliability, safety, and We need to get that information. The Senator from Arizona [Mr. KYL], for himself, Mr. MCCONNELL, Mr. MCCAIN, Mr. security of the remaining strategic nuclear There have been surveys which have forces of the United States; and shown that as many as 12 percent of INHOFE, Mr. SESSIONS, Mr. GRAHAM, Mr. VITTER, Mr. DEMINT, Mr. RISCH, Mr. CORNYN, (B) to modernize and refurbish the nuclear those who are serving in Iraq and 17 Mr. BARRASSO, Mr. LIEBERMAN, and Mr. weapons complex. percent of those who are serving in Af- WICKER, proposes an amendment numbered (c) REPORT.—Not later than 90 days after ghanistan are using some form of pre- 1760. the date of the enactment of this Act, the President shall transmit to the appropriate scribed antidepressant or sleeping pills Mr. KYL. I ask unanimous consent in order to deal with their needs. That congressional committees a report on the that the reading of the amendment be stockpiles of strategic and nonstrategic would equal 20,000 of our service per- dispensed with. sonnel using prescription medicines or weapons of the United States and the Rus- The PRESIDING OFFICER. Without sian Federation. antidepressants or sleep medicines. We objection, it is so ordered. (d) DEFINITIONS.—In this section: need to get the information. The amendment is as follows: (1) ADVANCED CONVENTIONAL WEAPONS.—The My amendment is simple. My amend- term ‘‘advanced conventional weapons’’ ment says starting in June of 2010 and (Purpose: To pursue United States objectives in bilateral arms control with the Russian means any advanced weapons system that through 2015, the Department of De- Federation) has been specifically designed not to carry a fense will make available to Congress nuclear payload. At the end of title XII, add the following: the information on the number of per- (2) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 1232. LIMITATION ON FUNDS TO IMPLEMENT TEES.—The term ‘‘appropriate congressional sonnel receiving these antidepressant REDUCTIONS IN THE STRATEGIC NU- drugs. It is done in a generic sense; CLEAR FORCES OF THE UNITED committees’’ means the following commit- therefore, there is no individual infor- STATES PURSUANT TO ANY TREATY tees: (A) The Committee on Armed Services and mation about any service personnel. OR OTHER AGREEMENT WITH THE RUSSIAN FEDERATION. the Committee on Foreign Affairs of the We protect their individual privacy as (a) FINDINGS.—Congress makes the fol- House of Representatives. we have under HIPAA. This is abso- lowing findings: (B) The Committee on Armed Services and lutely protected. There is no stigma at- (1) In the Joint Statement by President the Committee on Foreign Relations of the tached at all to this survey. Dmitriy Medvedev of the Russian Federation Senate.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7850 CONGRESSIONAL RECORD — SENATE July 22, 2009 Mr. KYL. If there are others who So what this amendment would do is ty that does not weaken our nuclear wish the floor, I would be happy to ac- to say, as the START Treaty is imple- deterrent or place in doubt our nuclear cede to their wishes so that I can come mented, whatever that treaty is, it guarantee to our allies and partners back tomorrow and discuss it further. does not bind the administration in who depend on it. This is identical to an amendment terms of what it negotiates, whatever It also reflects a caveat that any fu- that was unanimously adopted by the it is, that that money cannot be spent ture agreement should not limit U.S. House of Representatives in their on that until these other conditions missile defense capabilities or U.S. ca- version of the Defense authorization are met as well. pabilities for long-range conventional bill. So I would hope that on both sides I hope that since this received a strike. Finally, this amendment makes of the aisle this should not be particu- unanimous endorsement in the House, clear that any reductions in our nu- larly controversial. it would not be particularly controver- clear stockpile should be supported by It has to do with the START negotia- sial on this side. I would just reiterate long-range plans to modernize our tions, the negotiation the administra- one final time, this does not bind our aging nuclear deterrent and supporting tion is engaged in with the Russians negotiators at all. It does not tell the infrastructure. This is important. We right now on the number of warheads negotiators what they can and cannot have had testimony in the Armed Serv- and delivery vehicles that both Russia negotiate with the Russians. ices Committee on a number of occa- and the United States will field in the What it says is, once they have nego- sions from our top military com- next many years. tiated whatever they have, then we manders who deal with this issue. They Whatever those numbers are, what- need to start a process of modernizing say continued reductions of nuclear ever the agreement is, that treaty will our nuclear weapons program and weapons must be accompanied by a be presented to the Senate later this stockpile. I think that is something, modernization of the limited number year. Presumably we will act on it ei- since it was the unanimous rec- we have left. When we do that, we can ther late this year or early next year. ommendation of the Perry-Schlesinger make them safer and far more difficult All this amendment does is say that Commission, that we ought to be able for anyone who were to nefariously ob- during the 7 years when the START to agree upon. tain them to utilize and protect them Treaty is implemented, the United I yield the floor. and make them more reliable. States needs to do certain things. We Mr. LEVIN. Mr. President, I suggest Most, if not all, would agree that it is want to make sure the treaty is the absence of a quorum. important to ensure that the verifica- verifiable. That is something we all The PRESIDING OFFICER. The tion and monitoring provisions of the agree with. We need to ensure that our clerk will call the roll. START Treaty of 1991 not be allowed missile defenses are protected; that our The assistant legislative clerk pro- to lapse come December 6. conventional strike capability is proceeded to call the roll. While there are a number of ways to tected, that is, our submarines and Mr. LEVIN. I ask unanimous consent handle this, either by extending the bombers that deliver conventional that the order for the quorum call be current agreement or drafting a new weapons, for example, and, very impor- rescinded. agreement dealing specifically with tantly, we want to make sure the mod- The PRESIDING OFFICER. Without these matters, the United States and ernization program for our nuclear objection, it is so ordered. Russia have chosen the more ambitious weapons complex and the weapons Mr. LEVIN. Mr. President, under the goal of a new treaty that would make themselves, the modernization pro- existing unanimous consent agree- further reductions in the current nu- gram that was recommended by the bi- ment, the Lieberman amendment that clear stockpiles which are today at the partisan Perry-Schlesinger Commis- would be in order after the disposition lowest levels since the Cold War. We sion begins to be implemented. of the Kyl amendment was listed as have about 2,200 warheads today. We In fact, this amendment does not being amendment 1744. The correct had 6,000 not too many years ago. We identify exactly what that program is. number is 1627. I ask unanimous con- have reduced those numbers. I support It does not say it has to be a particular sent that the consent agreement be so that. amount of money or describe the de- modified. The rush to complete an agreement tails of it. But it does say we need to The PRESIDING OFFICER. Without before START expires in December has get a modernization program under- objection, it is so ordered. led the United States to agree to provi- way. Mr. LEVIN. I suggest the absence of sions in the Joint Understanding that The point of this is to simply ac- a quorum. potentially may not be in our best in- knowledge the obvious; which is, as we The PRESIDING OFFICER. The terest. It is not a critical thing that we begin to reduce the number of war- clerk will call the roll. reach a firm agreement by the end of heads and delivery vehicles in our stra- The assistant legislative clerk pro- December. We should not allow the tegic nuclear deterrent, we need to ceeded to call the roll. Russians to put us in a position where make more and more sure what we Mr. SESSIONS. I ask unanimous con- we are so desperate to reach an agree- have works and works well. sent that the order for the quorum call ment by the end of the year that we It is an aging stockpile. The Perry- be rescinded. would reach a bad agreement. At the Schlesinger Commission noted that The PRESIDING OFFICER. Without very least, it can be said that these there is a lot of work that needs to be objection, it is so ordered. matters have not sufficiently been ana- done to bring these weapons up to mod- Mr. SESSIONS. Mr. President, I rise lyzed to know whether they are in our ern conditions to maintain them appro- to make a few remarks in support of interest. priately to ensure they are safe and re- the Kyl amendment. This amendment First, with respect to the central liable. The work that has to be done on relates to the possible follow-on agree- limits to be enshrined in a new agree- that is going to take some time and ment to the 1991 Strategic Arms Re- ment, the two sides agreed to warhead cost some money. duction Treaty, so-called START. The limits of between 1,500 and 1,675 war- So it makes sense to put Congress on Joint Understanding issued at the re- heads, and limits on the number of record with the administration as in- cent Moscow summit suggests the strategic nuclear delivery vehicles to sisting that we begin this process right United States and Russian Federation somewhere between 500 and 1,100. That away. The amendment does not say are well on their way toward com- is quite a wide range. The final number this, but my strong recommendation to pleting a new agreement, perhaps even is to be negotiated by the parties. The the administration is, since they are before the end of this year. Rather Senate has yet to see the analytical going to begin putting the budget for than wait until the agreement is signed basis for the levels agreed to in the fiscal year 2011 together starting in an- and submitted to the Senate for the Joint Understanding which means we other month or two, that they need to Senate’s consent, this amendment pro- are not off to a good start in the advice be working now on what their budget vides an opportunity for the Senate to and consent process. recommendations for 2011 are for the give its advice before the treaty’s pro- Today the United States deploys ap- modernization of our nuclear complex visions are agreed to. It reflects this proximately 2,200 operational nuclear and stockpile. Senator’s desire to see a follow-on trea- warheads on some 900 delivery vehicles.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7851 These are our ICBM missiles, our be sure, any such limitations would I wish to say what is obvious to all of SLBMs, and bombers. Whether it is make a START follow-on agreement us who have been here a long time. prudent to go below these numbers de- dead on arrival in the Senate. I don’t Senator KYL is a real patriot who has pends on some important consider- believe the Senate would pass such an maintained a deep interest in these ations. To take that down to 500 would agreement. issues throughout his career. This is a be a dramatic reduction of our delivery The Joint Understanding also con- well-thought-out, well-conceived systems. Whether it is prudent to go tains—between the Obama administra- amendment that is wise for our Senate below these numbers that we currently tion and Russia—a provision address- to pass. I believe we will. I think if my have depends on some important con- ing the impact on strategic stability of colleagues will find the time to review siderations, not the least of which is strategic missiles in a nonnuclear con- it and think it through, they will be the impact on the size and shape of the figuration. This apparently is an at- convinced this is a wise step for us to U.S. nuclear TRIAD, the ICBMs, the tempt by Russia to constrain the abil- take at this time so we don’t end up submarine-launched missiles, and our ity of the United States to field long- with misunderstanding later on when a bomber fleet; our ability to extend range strike systems armed with con- treaty plops down in the Senate that credible nuclear guarantees to our al- ventional warheads, nonnuclear war- has a lot of problems for a host of Sen- lies; and whether lower levels provide heads. ators. an incentive to other nuclear powers to Conventionally armed long-range I yield the floor and suggest the ab- build up their forces so they can be a strike systems, also known as ‘‘prompt sence of a quorum. peer competitor with the United States global strike,’’ are consistent with a The PRESIDING OFFICER. The and Russia. move by both countries to place less clerk will call the roll. I will have more to say on this in the reliance on nuclear weapons for deter- The assistant legislative clerk pro- future. Suffice it to say that I have yet rence. Prompt global strike would ceeded to call the roll. to hear a convincing strategic ration- allow the United States to launch a Mr. LEVIN. Mr. President, I ask ale that would justify going this low. missile without a nuclear weapon that unanimous consent that the order for Indeed, I believe the burden of proof could take out a dangerous threat any- the quorum call be rescinded. will be on those who think it is nec- where around the world in a very The PRESIDING OFFICER. Without essary to continue to reduce U.S. nu- prompt fashion. We have debated that objection, it is so ordered. clear force levels that are today but a over the years in the Senate. AMENDMENTS NOS. 1472, 1518, 1569, 1553, 1471, 1512, fraction of what they used to be. My Finally, the amendment by Senator 1473, 1561, 1520, 1600, 1555, 1488, 1476, 1612, 1560, 1500, major concern, however, is language in KYL would send a strong message to 1535, 1536, 1510, 1492, 1495, 1599, 1636, 1619, 1638, 1642, the Joint Understanding which seems the administration that a START fol- 1499, 1634, 1676, AND 1677 to suggest the two sides may establish low-on agreement must be supported at Mr. LEVIN. Mr. President, I send a limitations on U.S. missile defense and the same time it is submitted to the series of 30 amendments to the desk, long-range conventional strategic Senate for ratification by a long-term which have been cleared by myself and strike capabilities. In other words, an program to modernize the remaining Senator MCCAIN, and I ask for their im- agreement could well involve a limita- nuclear forces of the United States, in- mediate consideration. tion, either in part of the treaty or a cluding warheads, delivery systems, The PRESIDING OFFICER (Mr. corollary agreement, to limit our na- and infrastructure needed to support BEGICH). Is there objection? tional missile defense capabilities. both. Such a modernization is called Without objection, the amendments That is a dangerous and unwise link- for by the Congressional Commission will be considered en bloc. Mr. LEVIN. Mr. President, the age. on the Strategic Posture of the United amendments, I understand, have been For example, the Joint Under- States and by the Secretary of Defense, cleared by the Republican side. standing states there will be a provi- Secretary Gates, who last October said: sion ‘‘on the interrelationship of stra- The PRESIDING OFFICER. Is there There is absolutely no way we can main- further debate? tegic offensive and strategic defensive tain a credible deterrent and reduce the arms.’’ I find this troubling because we number of weapons in our stockpile without Mr. LEVIN. Mr. President, I now ask have made it clear to the Russians that resorting to testing our stockpile or pur- unanimous consent that the amend- our missile defense capabilities are not suing a modernization program. ments be agreed to en bloc and that the directed at, nor are they capable of Our colleagues don’t want us to test. motions to reconsider be laid upon the being an effective defense against, mas- They think this would be a bad exam- table en bloc. sive Russian capabilities. We only have ple to Iran and North Korea. If we did The PRESIDING OFFICER. Is there a plan to put in 44 missiles in the that, somehow they might be more objection? United States and 10 in Europe. That is likely to want to test. I don’t think it Without objection, it is so ordered. The amendments were agreed to en a fraction of the capacity that the Rus- will have any impact on those rogue bloc, as follows: sians have today. Instead we build mis- nations. The Secretary of Defense is sile defenses to address a threat to the saying that if we don’t continue test- AMENDMENT NO. 1472 United States and its allies posed by ing, we need to modernize the weapons (Purpose: To modify the reporting require- rogue nations such as North Korea and system we have. If we continue to draw ment for the defense nanotechnology research and development program) Iran. That is what 40 missiles in Alaska down the number, these 40, 50-year-old weapons need to be modernized. They At the end of subtitle D of title II, add the and California can do. That is what 10 following: in Europe could do. It can’t defend need to be reliable. This Senator will SEC. 252. MODIFICATION OF REPORTING RE- against massive Russian delivery sys- condition his support for a START fol- QUIREMENT FOR DEFENSE NANO- tems. It has no capability of doing low-on agreement upon a serious com- TECHNOLOGY RESEARCH AND DE- that. They know it. So why do they ob- mitment by the administration to VELOPMENT PROGRAM. ject? modernize our nuclear deterrent which Section 246 of the Bob Stump National De- What do we mean, as we carry out remains necessary to protect the fense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 note) is this discussion, by the term ‘‘strategic United States and our allies against amended by striking subsection (e) and in- defensive arms’’? How does one distin- threats to our vital interests. serting the following new subsection (e): guish between a strategic and nonstra- I wish to note a similar version of ‘‘(e) REPORTS.—The Under Secretary of De- tegic missile defense system? Is the this amendment was adopted unani- fense for Acquisition, Technology, and Logis- United States SM–3 missile, which has mously by the House on their version tics shall submit to the National Science and some capability against long-range of the national Defense authorization Technology Council information on the pro- North Korean missiles, considered a bill. I commend Senator KYL for offer- gram that covers the information described strategic missile defense system? It is ing it and note the importance of send- in paragraphs (1) through (5) of section 2(d) of the 21st Century Nanotechnology Re- best not to get into negotiations that ing a clear message to the administra- search and Development Act (15 U.S.C. could eventually constrain our ability tion and to our allies and to Russia re- 7501(d)) to be included in the annual report to build missile defenses against coun- garding our views on the ongoing submitted by the Council under that sec- tries such as Iran and North Korea. To START follow-up negotiations. tion.’’.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7852 CONGRESSIONAL RECORD — SENATE July 22, 2009

AMENDMENT NO. 1518 Center in the vicinity of Pease Air National (2) in subsection (d), by inserting ‘‘and sub- (Purpose: To require the Secretary of the Guard Base at a location determined by the title B’’ after ‘‘this subtitle’’; Army to expand the First Sergeants Bar- Secretary to be in the best interest of na- (3) in subsection (e), by inserting ‘‘and sub- racks Initiative (FSBI) throughout the tional security and in the public interest. title B’’ after ‘‘this subtitle’’ each place it Army in order to improve the quality of AMENDMENT NO. 1471 appears; life and living environments for single sol- (Purpose: To release to the State of Arkan- (4) by redesignating subsection (g) as sub- diers) sas a reversionary interest in Camp Joseph section (h); and On page 565, after line 20, add the fol- T. Robinson) (5) by inserting after subsection (f) the following new subsection: lowing: At the appropriate place, insert the fol- Subtitle D—Other Matters lowing: ‘‘(g) NATIONAL INSTITUTE FOR OCCUPA- SEC. 2841. EXPANSION OF FIRST SERGEANTS SEC. ll. RELEASE OF REVERSIONARY INTER- TIONAL SAFETY AND HEALTH OMBUDSMAN.—In BARRACKS INITIATIVE. EST. carrying out the duties of the Ombudsman (a) EXPANSION OF INITIATIVE.—Not later The United States releases to the State of under this section, the Ombudsman shall than September 30, 2011, the Secretary of the Arkansas the reversionary interest described work with the individual employed by the Army shall expand the First Sergeants Bar- in sections 2 and 3 of the Act entitled ‘‘An National Institute for Occupational Safety racks Initiative (FSBI) to include all Army Act authorizing the transfer of part of Camp and Health to serve as an ombudsman to in- installations in order to improve the quality Joseph T. Robinson to the State of Arkan- dividuals making claims under subtitle B.’’. of life and living environments for single sol- sas’’, approved June 30, 1950 (64 Stat. 311, diers. chapter 429), in and to the surface estate of (b) CONSTRUCTION.—Except as specifically (b) PROGRESS REPORTS.—Not later than the land constituting Camp Joseph T. Robin- provided in subsection (g) of section 3686 of February 15, 2010, and February 15, 2011, the son, Arkansas, which is comprised of 40.515 the Energy Employees Occupational Illness Secretary of the Army shall submit to Con- acres of land to be acquired by the United Compensation Program Act of 2000, as gress a report describing the progress made States of America and 40.513 acres to be ac- amended by subsection (a) of this section, in expanding the First Sergeants Barracks quired by the City of North Little Rock, Ar- nothing in the amendments made by such Initiative to all Army installations, includ- kansas, and lies in sections 6, 8, and 9 of subsection (a) shall be construed to alter or ing whether the Secretary anticipates meet- township 2 North, Range 12 West, Pulaski affect the duties and functions of the indi- ing the deadline imposed by subsection (a). County, Arkansas. vidual employed by the National Institute AMENDMENT NO. 1569 AMENDMENT NO. 1512 for Occupational Safety and Health to serve (Purpose: To require a plan to manage (Purpose: To require additional disclosure of as an ombudsman to individuals making vegetative encroachment at training ranges) poor performance in the contractor per- claims under subtitle B of the Energy Em- On page 92, between lines 18 and 19, insert formance database) ployees Occupational Illness Compensation the following: On page 259, between lines 12 and 13, insert Program Act of 2000 (42 U.S.C. 7384l et seq.). SEC. 342. PLAN FOR MANAGING VEGETATIVE EN- the following: AMENDMENT NO. 1520 CROACHMENT AT TRAINING SEC. 824. MODIFICATIONS TO DATABASE FOR RANGES. FEDERAL AGENCY CONTRACT AND (Purpose: To require a report on the re-deter- Section 366(a)(5) of the Bob Stump Na- GRANT OFFICERS AND SUSPENSION mination process of the Department of De- tional Defense Authorization Act for Fiscal AND DEBARMENT OFFICIALS. fense used to determine the eligibility of Year 2003 (Public Law 107–314; 10 U.S.C. 113 Subsection (c) of section 872 of the Duncan permanently incapacitated dependents of note) is amended— Hunter National Defense Authorization Act retired and deceased members of the (1) by striking ‘‘(5) At the same time’’ and for Fiscal Year 2009 (Public Law 110–417; 122 Armed Forces for benefits provided under inserting ‘‘(5)(A) At the same time’’; and Stat. 4556) is amended— laws administered by the Secretary of De- (2) by adding at the end the following new (1) by redesignating paragraphs (6) and (7) fense) subparagraph: as paragraphs (8) and (9), respectively; and ‘‘(B) Beginning with the report submitted (2) by inserting after paragraph (5) the fol- At the end of subtitle G of title X, add the to Congress at the same time as the Presi- lowing new paragraphs: following: dent submits the budget for fiscal year 2011, ‘‘(6) Each audit report that, as determined the report required under this subsection by an Inspector General or the head of an SEC. 1073. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY INCA- shall include the following: audit agency responsible for the report, con- PACITATED DEPENDENTS OF RE- ‘‘(i) An assessment of the extent to which tains significant adverse information about a TIRED AND DECEASED MEMBERS OF vegetation and overgrowth limits the use of contractor that should be included in the THE ARMED FORCES. military lands available for training of the database. Not later than 180 days after the date of Armed Forces in the United States and over- ‘‘(7) Each contract action that, as deter- seas. mined by the head of the contracting activ- the enactment of this Act, the Secretary of ‘‘(ii) Identification of the particular instal- ity responsible for the contract action, re- Defense shall submit to Congress a report on lations and training areas at which vegeta- flects information about contractor perform- the re-determination process of the Depart- tion and overgrowth negatively impact the ance or integrity that should be included in ment of Defense used to determine the eligi- use of training space. the database.’’. bility of permanently incapacitated depend- ‘‘(iii)(I) As part of the first such report sub- AMENDMENT NO. 1473 ents of retired and deceased members of the mitted, a plan to address training con- (Purpose: To modify the provision requiring Armed Forces for benefits provided under straints caused by vegetation and over- the inclusion of pension obligations for laws administered by the Secretary. The re- growth. certain Department of Energy facilities in port shall include the following: ‘‘(II) As part of each subsequent report, the budget request of the President to in- (1) An assessment of the re-determination any necessary updates to such plan.’’. clude pension obligations for all Depart- process, including the following: AMENDMENT NO. 1553 ment of Energy facilities) (A) The rationale for requiring a quadrennial recertification of financial support after (Purpose: To authorize the Secretary of the On page 590, lines 7 through 9, strike ‘‘for issuance of a permanent identification card Army to construct a previously authorized the National Nuclear Security Administra- to a permanently incapacitated dependent. Armed Forces Reserve Center in vicinity of tion or for defense environmental cleanup’’. specified location at Pease Air National (B) The administrative and other burdens AMENDMENT NO. 1561 Guard Base, New Hampshire) the quadrennial recertification imposes on (Purpose: To expand the authority of the the affected sponsor and dependents, espe- On page 553, between lines 15 and 16, insert Ombudsman under the Energy Employees cially after the sponsor becomes ill, inca- the following: Occupational Illness Compensation Pro- pacitated, or deceased. SEC. 2707. AUTHORITY TO CONSTRUCT PRE- gram Act of 2000) (C) The extent to which the quadrennial re- VIOUSLY AUTHORIZED ARMED FORCES RESERVE CENTER IN VICIN- At the end of subtitle C of title XXXI, in- certification undermines the utility of ITY OF SPECIFIED LOCATION AT sert the following: issuing a permanent identification card. PEASE AIR NATIONAL GUARD BASE, SEC. 3136. EXPANSION OF AUTHORITY OF OM- (D) The extent of the consequences en- NEW HAMPSHIRE. BUDSMAN OF ENERGY EMPLOYEES tailed in eliminating the requirement for The Secretary of the Army may use funds OCCUPATIONAL ILLNESS COM- quadrennial recertification. appropriated pursuant to the authorization PENSATION PROGRAM. (2) Specific recommendations for the fol- of appropriations in section 2703 of the Dun- (a) IN GENERAL.—Section 3686 of the En- lowing: can Hunter National Defense Authorization ergy Employees Occupational Illness Com- (A) Improving the efficiency of the recer- Act for Fiscal Year 2009 (Public Law 110–417; pensation Program Act of 2000 (42 U.S.C. tification process. 122 Stat. 4715) for the purpose of constructing 7385s–15) is amended— (B) Minimizing the burden of such process an Armed Forces Reserve Center at Pease (1) in subsection (c), by inserting ‘‘and sub- on the sponsors of such dependents. Air National Guard Base, New Hampshire, to title B’’ after ‘‘this subtitle’’ each place it (C) Eliminating the requirement for quad- construct instead an Armed Forces Reserve appears; rennial recertification.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7853

AMENDMENT NO. 1600 SEC. 537. AUTHORITY TO EXTEND ELIGIBILITY Force Base, Malmstrom Air Force Base, Ells- FOR ENROLLMENT IN DEPARTMENT worth Air Force Base, or Mountain Home Air (Purpose: To require the Comptroller Gen- OF DEFENSE ELEMENTARY AND SEC- Force Base. ONDARY SCHOOLS TO CERTAIN AD- eral of the United States to conduct an (2) CONFLICTS.—The Executive Director audit of assistance to local educational DITIONAL CATEGORIES OF DEPEND- ENTS. shall resolve any conflict among requests of agencies for the education of dependent Indian tribes for housing units described in children of members of the Armed Forces) Section 2164 of title 10, United States Code, is amended by adding at the end the fol- paragraph (1) before submitting a request to the Secretary of the Air Force under this At the end of subtitle D of title V, add the lowing new subsection: subsection. following: ‘‘(j) TUITION-FREE ENROLLMENT OF DEPEND- ENTS OF FOREIGN MILITARY PERSONNEL RE- (c) CONVEYANCE BY SECRETARY.—Notwith- SEC. 537. COMPTROLLER GENERAL AUDIT OF AS- SIDING ON DOMESTIC MILITARY INSTALLATIONS standing any other provision of law, on re- SISTANCE TO LOCAL EDUCATIONAL AND DEPENDENTS OF CERTAIN DECEASED MEM- ceipt of a request under subsection (c)(1), the AGENCIES FOR DEPENDENT CHIL- BERS OF THE ARMED FORCES.—(1) The Sec- Secretary of the Air Force may convey to DREN OF MEMBERS OF THE ARMED the Indian tribe that is the subject of the re- FORCES. retary may authorize the enrollment in an education program provided by the Sec- quest, at no cost to the Air Force and with- (a) IN GENERAL.—The Comptroller General retary pursuant to subsection (a) of a de- out consideration, any relocatable military of the United States shall conduct an audit pendent not otherwise eligible for such en- housing unit described in subsection (c)(1) of the utilization by local educational agen- rollment who is the dependent of an indi- that, as determined by the Secretary, is in cies of the assistance specified in subsection vidual described in paragraph (2). Enroll- excess of the needs of the military. (b) provided to such agencies for fiscal years ment of such a dependent shall be on a tui- AMENDMENT NO. 1612 2001 through 2009 for the education of de- tion-free basis. (Purpose: To modify the provision clarifying pendent children of members of the Armed ‘‘(2) An individual referred to in paragraph responsibility for preparation of the bien- Forces. The audit shall include— (1) is any of the following: nial global positioning system report) (1) an evaluation of the utilization of such ‘‘(A) A member of a foreign armed force re- assistance by such agencies; and siding on a military installation in the Beginning on page 419, strike line 10 and (2) an assessment of the effectiveness of United States (including territories, com- all that follows through page 420, line 2, and such assistance in improving the quality of monwealths, and possessions of the United insert the following: education provided to dependent children of States). (a) IN GENERAL.—Section 2281(d) of title 10, members of the Armed Forces. ‘‘(B) A deceased member of the armed United States Code, is amended— forces who died in the line of duty in a com- (1) in paragraph (1)— (b) ASSISTANCE SPECIFIED.—The assistance bat-related operation, as designated by the (A) by striking ‘‘the Secretary of Defense’’ specified in this subsection is— Secretary.’’. and inserting ‘‘the Deputy Secretary of De- (1) assistance provided under— AMENDMENT NO. 1488 fense and the Deputy Secretary of Transpor- (A) section 572 the National Defense Au- tation, in their capacity as co-chairs of the (To include in the study on options for edu- thorization Act for Fiscal Year 2006 (Public National Executive Committee for Space- cational opportunities for dependent chil- Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b); Based Positioning, Navigation, and Tim- dren of members of the Armed Forces con- (B) section 559 of the Ronald W. Reagan ing,’’; and sideration of the impact of such options on National Defense Authorization Act for Fis- (B) by striking ‘‘the Committee on Armed students with special needs) cal Year 2005 (Public Law 108–375; 118 Stat. Services of the Senate and the Committee on 1917); On page 125, between lines 9 and 10, insert Armed Services of the House of Representa- (C) section 536 of the National Defense Au- the following: tives’’ and inserting ‘‘the Committees on thorization Act for Fiscal Year 2004 (Public (H) The extent to which the options re- Armed Services and Commerce, Science, and Law 108–136; 117 Stat. 1474); ferred to in paragraph (2) would improve the Transportation of the Senate and the Com- (D) section 341 of the Bob Stump National quality of education available for students mittees on Armed Services, Energy and Com- Defense Authorization Act for Fiscal Year with special needs, including students with merce, and Transportation and Infrastruc- 2003 (Public Law 107–314; 116 Stat. 2514); learning disabilities and gifted students. ture of the House of Representatives’’; and (E) section 351 of the National Defense Au- AMENDMENT NO. 1476 (2) by striking paragraph (2) and inserting thorization Act for Fiscal Year 2002 (Public (Purpose: To permit the Secretary of the Air the following new paragraph (2): Law 107–107; 115 Stat. 1063); or ‘‘(2) In preparing each report required (F) section 362 of the Floyd D. Spence Na- Force to convey to certain Indian tribes under paragraph (1), the Deputy Secretary of tional Defense Authorization Act for Fiscal certain relocatable military housing units) Defense and the Deputy Secretary of Trans- Year 2001 (as enacted into law by Public Law At the end of title XXIII, add the fol- portation, in their capacity as co-chairs of 106–398; 114 Stat. 1654A–76); and lowing: the National Executive Committee for (2) payments made under section 363 of the SEC. 23ll. CONVEYANCE TO INDIAN TRIBES OF Space-Based Positioning, Navigation, and Floyd D. Spence National Defense Authoriza- CERTAIN HOUSING UNITS. Timing, shall consult with the Secretary of tion Act for Fiscal Year 2001 (as enacted into (a) DEFINITIONS.—In this section: Defense, the Secretary of State, the Sec- law by Public Law 106–398; 114 Stat. 1654A–77; (1) EXECUTIVE DIRECTOR.—The term ‘‘Exec- 20 U.S.C. 7703a). utive Director’’ means the Executive Direc- retary of Transportation, and the Secretary tor of Walking Shield, Inc. of Homeland Security.’’. (c) REPORT.—Not later than March 1, 2010, (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ AMENDMENT NO. 1560 the Comptroller General shall submit to the means any Indian tribe included on the list (Purpose: To make technical corrections re- congressional defense committees a report published by the Secretary of the Interior containing the results of the audit required garding certain military construction under section 104 of the Federally Recog- projects at Cannon Air Force Base and by subsection (a). nized Indian Tribe List Act of 1994 (25 Holloman Air Force Base, New Mexico) U.S.C.479a–1). AMENDMENT NO. 1555 (b) REQUESTS FOR CONVEYANCE.— On page 508, between lines 15 and 16, insert the following: (Purpose: To permit the extension of eligi- (1) IN GENERAL.—The Executive Director bility for enrollment in Department of De- may submit to the Secretary of the Air SEC. 2005. TECHNICAL CORRECTIONS REGARD- fense elementary and secondary schools to Force, on behalf of any Indian tribe located ING CERTAIN MILITARY CONSTRUC- TION PROJECTS, NEW MEXICO. certain additional categories of depend- in the State of Idaho, Nevada, North Dakota, ents) Oregon, South Dakota, Montana, or Min- Notwithstanding the table in section 4501, nesota, a request for conveyance of any the amounts available for the following At the end of subtitle D of title V, add the relocatable military housing unit located at projects at the following installations shall following: Grand Forks Air Force Base, Minot Air be as follows:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7854 CONGRESSIONAL RECORD — SENATE July 22, 2009 Air Force: Inside the United States

Senate Installa- Project Author- State tion Title ized Amount

New Mexico ...... Holloman Air Force Base .... Fire-Crash Rescue Station $0

Special Operations Command

Senate Installa- Project Author- State tion Title ized Amount

New Mexico ...... Cannon Air Force Base ..... SOF AC 130 Loadout Apron Phase 1 $6,000,000

On page 523, in the table preceding line 1, of its components with drug cartels or in- any role such personnel have in suppressing in the item relating to Holloman Air Force volvement in other drug trafficking activi- opponents of the government of Bolivia. Base, New Mexico, strike ‘‘$15,900,000’’ in the ties. (6) Venezuela’s clandestine material sup- amount column and insert ‘‘$5,500,000’’. (4) The status and extent of Cuba’s clandes- port for political movements and individuals On page 525, line 2, strike ‘‘$1,746,821,000’’ tine activities in the United States. throughout the Western Hemisphere with and insert ‘‘$1,736,421,000’’. (5) The extent and activities of Cuban sup- the objective of influencing the internal af- On page 525, line 5, strike ‘‘$822,515,000’’ and port for governments in Venezuela, Bolivia, fairs of nations in the Western Hemisphere. insert ‘‘$812,115,000’’. Ecuador, Central America, and the Carib- (7) Efforts by Hugo Chavez and other offi- On page 529, in the table preceding line 1 bean. cials or supporters of the Venezuelan govern- entitled ‘‘Special Operations Command’’, in (6) The status and extent of Cuba’s re- ment to convert or launder funds that are the item relating to Cannon Air Force Base, search and development program for biologi- the property of Venezuelan government New Mexico, strike ‘‘$52,864,000’’ in the cal weapons production. agencies, instrumentalities, parastatals, in- amount column and insert ‘‘$58,864,000’’. (7) The status and extent of Cuba’s On page 531, line 16, strike ‘‘$3,284,025,000’’ cluding Petroleos de Venezuela, SA cyberwarfare program. and insert ‘‘$3,290,025,000’’. (PDVSA). On page 531, line 19, strike ‘‘$963,373,000’’ AMENDMENT NO. 1536 (8) Covert payments by Hugo Chavez or of- and insert ‘‘$969,373,000’’. (Purpose: To require the Director of National ficials or supporters of the Venezuelan government to foreign political candidates, gov- AMENDMENT NO. 1500 Intelligence to report on political and ernment officials, or officials of inter- (Purpose: To include analysis of military other support provided by Venezuelan offi- national organizations for the purpose of in- whistleblower reprisal appeals in the as- cials to terrorist and other groups) fluencing the performance of their official sessment by the Comptroller General of At the end of subtitle B of title XII, add duties. the United States of military whistle- the following: blower protections) SEC. 1222. REPORT ON VENEZUELA. AMENDMENT NO. 1510 On page 428, between lines 21 and 22, insert Not later than 180 days after the date of the enactment of this Act, the Director of (Purpose: To provide technical changes to the following: land conveyance matters regarding Ells- (3) A sample of military whistleblower re- National Intelligence shall provide to the defense and intelligence committees of the worth Air Force Base, South Dakota) prisal appeals (as selected by the Comp- Congress a report addressing the following: troller General for the purposes of this sec- On page 565, after line 20, add the fol- (1) An inventory of all weapons purchases tion) heard by the Boards for the Correction lowing: by, and transfers to, the government of Ven- of Military Records referred to in section ezuela and Venezuela’s transfers to other SEC. 2832. LAND CONVEYANCE, ELLSWORTH AIR 1552 of title 10, United States Code, of each FORCE BASE, SOUTH DAKOTA. countries since 1998, particularly purchases military department. and transfers of missiles, ships, submarines, (a) CHANGE IN RECIPIENT UNDER EXISTING AMENDMENT NO. 1535 and any other advanced systems. The report AUTHORITY.— (Purpose: To require the Director of National shall include an assessment of whether there (1) IN GENERAL.—Section 2863(a) of the Intelligence to report on Cuba and Cuba’s is accountability of the purchases and trans- Military Construction Act for Fiscal Year relations with other countries) fers with respect to the end-use and diver- 1998 (division B of Public Law 105–85; 111 At the end of subtitle B of title XII, add sion of such materiel to popular militias, Stat. 2010), as amended by section 2865(a) of the following: other governments, or irregular armed the Military Construction Act for Fiscal SEC. 1222. REPORT ON CUBA AND CUBA’S RELA- forces. Year 2001 (as enacted into law by Public Law TIONS WITH OTHER COUNTRIES. (2) The mining and shipping of Venezuelan 106–398; 114 Stat. 1654A–435), is further Not later than 180 days after the date of uranium to Iran, North Korea, and other amended by striking ‘‘West River Founda- the enactment of this Act, the Director of states suspected of nuclear proliferation. tion for Economic and Community Develop- National Intelligence shall provide to the de- (3) The extent to which Hugo Chavez and ment, Sturgis, South Dakota (in this section fense and intelligence committees of the other Venezuelan officials and supporters of referred to as the ‘Foundation’)’’ and insert- Congress a report addressing the following: the Venezuelan government provide political ing ‘‘South Dakota Ellsworth Development (1) The cooperative agreements and rela- counsel, collaboration, financial ties, refuge, Authority, Pierre, South Dakota (in this sec- tionships that Cuba has with Iran, North and other forms of support, including mili- tion referred to as the ‘Authority’)’’. Korea, and other states suspected of nuclear tary materiel, to the Revolutionary Armed (2) TECHNICAL AND CONFORMING AMEND- proliferation. Forces of Colombia (FARC). MENTS.—Section 2863 of the Military Con- (2) A detailed account of the economic sup- (4) The extent to which Hugo Chavez and struction Act for Fiscal Year 1998 (division B port provided by Venezuela to Cuba and the other Venezuelan officials provide funding, of Public Law 105–85; 111 Stat. 2010), as intelligence and other support that Cuba logistical and political support to the amended by section 2865(b) of the Military provides to the government of Hugo Chavez. Islamist terrorist organization Hezbollah. Construction Act for Fiscal Year 2001 (as en- (3) A review of the evidence of relation- (5) Deployment of Venezuelan security or acted into law by Public Law 106–398; 114 ships between the Cuban government or any intelligence personnel to Bolivia, including Stat. 1654A–435), is further amended—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7855

(A) by striking ‘‘Foundation’’ each place it (1) IN GENERAL.—As consideration for the shall be merged with amounts in such fund appears in subsections (c) and (e) and insert- conveyance under subsection (a), the County or account and shall be available for the ing ‘‘Authority’’; shall provide the United States consider- same purposes, and subject to the same con- (B) in subsection (b)(1)— ation, whether by cash payment, in-kind ditions and limitations, as amounts in such (i) in subparagraph (B), by striking ‘‘137.56 consideration as described under paragraph fund or account. acres’’ and inserting ‘‘120.70 acres’’; and (2), or a combination thereof, in an amount (e) DESCRIPTION OF REAL PROPERTY.—The (ii) by striking subparagraphs (C), (D), and that is not less than the fair market value of exact acreage and legal description of the (E). the conveyed real property, as determined by real property to be conveyed under sub- (b) NEW CONVEYANCE AUTHORITY.— the Secretary. section (a) shall be determined by a survey (1) CONVEYANCE AUTHORIZED.—The Sec- (2) IN-KIND CONSIDERATION.—In-kind consid- satisfactory to the Secretary. retary of the Air Force may convey, without eration provided by the County under para- (f) ADDITIONAL TERMS AND CONDITIONS.— consideration, to the South Dakota Ells- graph (1) may include the acquisition, con- The Secretary may require such additional worth Development Authority, Pierre, South struction, provision, improvement, mainte- terms and conditions in connection with the Dakota (in this subsection referred to as the nance, repair, or restoration (including envi- conveyance under subsection (a) as the Sec- ‘‘Authority’’), all right, title, and interest of ronmental restoration), or combination retary considers appropriate to protect the the United States in and to the parcels of thereof, of any facilities or infrastructure re- interests of the United States. real property located at Ellsworth Air Force lating to the security of F.E. Warren Air AMENDMENT NO. 1495 Base, South Dakota, referred to in paragraph Force Base, that the Secretary considers ac- (Purpose: To authorize a land conveyance at (2). ceptable. Lackland Air Force Base, Texas) (2) COVERED PROPERTY.—The real property (3) RELATION TO OTHER LAWS.—Sections 2662 On page 565, after line 20, insert the fol- referred to in paragraph (1) is the following: and 2802 of title 10, United States Code, shall lowing: not apply to any new facilities or infrastruc- (A) A parcel of real property, together with SEC. 2832. LAND CONVEYANCE, LACKLAND AIR any improvements thereon, consisting of ap- ture received by the United States as in-kind FORCE BASE, TEXAS. proximately 2.37 acres and comprising the consideration under paragraph (2). (a) CONVEYANCE AUTHORIZED.—The Sec- 11000 West Communications Annex. (4) NOTICE TO CONGRESS.—The Secretary retary of the Air Force may convey to an eli- (B) A parcel of real property, together with shall provide written notification to the con- gible entity, all right, title, and interest of any improvements thereon, consisting of ap- gressional defense committees of the types the United States to not more than 250 acres proximately 6.643 acres and comprising the and value of consideration provided the of real property and associated easements South Nike Education Annex. United States under paragraph (1). and improvements on Lackland Air Force (3) CONDITION.—As a condition of the con- (5) TREATMENT OF CASH CONSIDERATION RE- Base, Texas, in exchange for real property veyance under this subsection, the Author- CEIVED.—Any cash payment received by the adjacent to or near the installation for the ity, and any person or entity to which the United States under paragraph (1) shall be purpose of relocating and consolidating Air Authority transfers the property, shall com- deposited in the special account in the Force tenants located on the former Kelly ply in the use of the property with the appli- Treasury established under subsection (b) of Air Force Base, Texas, onto the main portion cable provisions of the Ellsworth Air Force section 572 of title 40, United States Code, of Lackland Air Force Base. Base Air Installation Compatible Use Zone and shall be available in accordance with (b) CONDITION OF CONVEYANCE.—The con- Study. paragraph (5)(B)(ii) of such subsection. veyance under subsection (a) shall be subject (c) REVERSIONARY INTEREST.— (4) REVERSIONARY INTEREST.—If the Sec- to the condition that the eligible entity ac- (1) IN GENERAL.—If the Secretary deter- retary determines at any time that the real cept the real property in its condition at the mines at any time that the County is not property conveyed under paragraph (1) is not time of the conveyance, commonly known as using the property conveyed under sub- being used in compliance with the applicable conveyance ‘‘as is’’ and not subject to the re- section (a) in accordance with the purpose of provisions of the Ellsworth Air Force Base quirements for covenants in deed under sec- the conveyance specified in such subsection, Air Installation Compatible Use Zone Study, tion 120(h)(3) of the Comprehensive Environ- all right, title, and interest in and to the all right, title, and interest in and to such mental Response, Compensation, and Liabil- property, including any improvements there- real property, including any improvements ity Act of 1980 (42 U.S.C. 9620(h)(3)). on, shall revert, at the option of the Sec- and appurtenant easements thereto, shall, at (c) ELIGIBLE ENTITIES.—A conveyance retary, to the United States, and the United the option of the Secretary, revert to and be- under this section may be made to the City States shall have the right of immediate come the property of the United States, and of San Antonio, Texas, or an organization or entry onto the property. Any determination the United States shall have the right of im- agency chartered or sponsored by the local of the Secretary under this subsection shall mediate entry onto such real property. A de- or State government. be made on the record after an opportunity (d) CONSIDERATION.—As consideration for termination by the Secretary under this for a hearing. the conveyance under subsection (a), the eli- paragraph shall be made on the record after (2) RELEASE OF REVERSIONARY INTEREST.— gible entity shall provide the Air Force with an opportunity for a hearing. The Secretary shall release, without consid- real property or real property improvements, (5) DESCRIPTION OF PROPERTY.—The exact eration, the reversionary interest retained or a combination of both, of equal value, as acreage and legal description of the real by the United States under paragraph (1) if— determined by the Secretary. If the fair mar- property to be conveyed under this sub- (A) F.E. Warren Air Force Base, Cheyenne ket value of the real property or real prop- section shall be determined by a survey sat- Wyoming, is no longer being used for Depart- erty improvements, or combination thereof, isfactory to the Secretary. ment of Defense activities; or is less than the fair market value of the real (6) ADDITIONAL TERMS AND CONDITIONS.— (B) the Secretary determines that the re- property to be conveyed by the Air Force, The Secretary may require such additional versionary interest is otherwise unnecessary the eligible entity shall provide cash pay- terms and conditions in connection with the to protect the interests of the United States. ment to the Air Force, or provide Lackland conveyance under this subsection as the Sec- (d) PAYMENT OF COSTS OF CONVEYANCE.— Air Force Base with in-kind consideration of retary considers appropriate to protect the (1) PAYMENT REQUIRED.—The Secretary an amount equal to the difference in the fair interests of the United States. shall require the County to cover costs to be market values. Any cash payment received AMENDMENT NO. 1492 incurred by the Secretary, or to reimburse by the Air Force for the conveyance author- (Purpose: To authorize a land conveyance at the Secretary for costs incurred by the Sec- ized by subsection (a) shall be deposited in F.E. Warren Air Force Base, Cheyenne, retary, to carry out the conveyance under the special account described in section Wyoming) subsection (a) and implement the receipt of 2667(e) of title 10, United States Code, and On page 565, after line 20, add the fol- in-kind consideration under paragraph (b), shall be available to the Secretary for the lowing: including survey costs, appraisal costs, costs same uses and subject to the same limita- SEC. 2832. LAND CONVEYANCE, F.E. WARREN AIR related to environmental documentation, tions as provided in that section. FORCE BASE, CHEYENNE, WYOMING. and other administrative costs related to the (e) PAYMENT OF COSTS OF CONVEYANCE.— (a) CONVEYANCE AUTHORIZED.—The Sec- conveyance and receipt of in-kind consider- (1) IN GENERAL.—The Secretary may re- retary of the Air Force may convey to the ation. If amounts are received from the quire the eligible entity to cover costs to be County of Laramie, Wyoming (in this section County in advance of the Secretary incur- incurred by the Secretary, or to reimburse referred to as the ‘‘County’’) all right, title, ring the actual costs, and the amount re- the Secretary for costs incurred by the Sec- and interest of the United States in and to a ceived exceeds the costs actually incurred by retary, to carry out the conveyances under parcel of real property, including any im- the Secretary under this section, the Sec- this section, including survey costs, costs re- provements thereon and appurtenant ease- retary shall refund the excess amount to the lated to environmental documentation, and ments thereto, consisting of approximately County. other administrative costs related to the 73 acres along the southeastern boundary of (2) TREATMENT OF AMOUNTS RECEIVED.— conveyances. If amounts are collected from F.E. Warren Air Force Base, Cheyenne, Wyo- Amounts received as reimbursements under the eligible entity in advance of the Sec- ming, for the purpose of removing the prop- paragraph (1) shall be credited to the fund or retary incurring the actual costs, and the erty from the boundaries of the installation account that was used to cover the costs in- amount collected exceeds the costs actually and permitting the County to preserve the curred by the Secretary in carrying out the incurred by the Secretary to carry out the entire property for healthcare facilities. conveyance and implementing the receipt of conveyance, the Secretary shall refund the (b) CONSIDERATION.— in-kind consideration. Amounts so credited excess amount to the eligible entity.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7856 CONGRESSIONAL RECORD — SENATE July 22, 2009

(2) TREATMENT OF AMOUNTS RECEIVED.— paragraph (1) shall be credited to the fund or lease or license term expires before the con- Amounts received as reimbursement under account that was used to cover the costs in- veyance is completed, the Secretary may ex- paragraph (1) shall be credited to the fund or curred by the Secretary in carrying out the tend the lease or license term up to the date account that was used to cover the costs in- conveyance. Amounts so credited shall be of conveyance, provided that the lessee shall curred by the Secretary in carrying out the merged with amounts in such fund or ac- be required to pay for such extended term at conveyances. Amounts so credited shall be count and shall be available for the same the rate in effect at the time it was declared merged with amounts in such fund or ac- purposes, and subject to the same conditions excess property. count, and shall be available for the same and limitations, as amounts in such fund or (d) PAYMENT OF COSTS OF CONVEYANCES.— purposes, and subject to the same conditions account. (1) PAYMENT REQUIRED.—The Secretary and limitations, as amounts in such fund or (e) SAVINGS PROVISION.—The Haines Tank shall require the lessee to cover costs to be account. Farm is currently under a remedial inves- incurred by the Secretary, or to reimburse (f) DESCRIPTION OF PROPERTY.—The exact tigation (RI) for petroleum, oil and lubri- the Secretary for costs incurred by the Sec- acreage and legal description of the real cants contamination. Nothing in this section retary, to carry out a conveyance under sub- property to be conveyed under subsection (a) shall be construed to affect or limit the ap- section (a), including survey costs, related to shall be determined by a survey satisfactory plication of, or any obligation to comply the conveyance. If amounts are collected to the Secretary. with, any environmental law, including the from the lessee in advance of the Secretary (g) ADDITIONAL TERMS AND CONDITIONS.— National Environmental Policy Act (42 incurring the actual costs, and the amount The Secretary may require such additional U.S.C. 4321 et seq.), the Comprehensive Envi- collected exceeds the costs actually incurred terms and conditions in connection with the ronmental Response, Compensation, and Li- by the Secretary to carry out the convey- conveyances under this section as the Sec- ability Act of 1980 (42 U.S.C. 9601 et seq.) and ance, the Secretary shall refund the excess retary considers appropriate to protect the the Solid Waste Disposal Act (42 U.S.C. 6901 amount to the lessee. interests of the United States. et seq.). (2) TREATMENT OF AMOUNTS RECEIVED.— AMENDMENT NO. 1599 (f) DESCRIPTION OF PROPERTY.—The exact Amounts received under paragraph (1) as re- (Purpose: To authorize a land conveyance at acreage and legal description of the real imbursement for costs incurred by the Sec- Haines Tank Farm, Haines, Alaska) property to be conveyed under this section retary to carry out a conveyance under sub- shall be determined by a survey satisfactory section (a) shall be credited to the fund or On page 565, after line 20, insert the fol- to the Secretary. account that was used to cover the costs in- lowing: (g) ADDITIONAL TERM AND CONDITIONS.—The curred by the Secretary in carrying out the SEC. 2832. LAND CONVEYANCE, HAINES TANK Secretary may require such additional terms conveyance. Amounts so credited shall be FARM, HAINES, ALASKA. and conditions in connection with the con- merged with amounts in such fund or ac- (a) CONVEYANCE AUTHORIZED.—The Sec- veyance under this section as the Secretary count and shall be available for the same retary of the Army may convey to the considers appropriate to protect the inter- purposes, and subject to the same conditions Chilkoot Indian Association (in this section ests of the United States. and limitations, as amounts in such fund or referred to as the ‘‘Association’’) all right, AMENDMENT NO. 1636 account. title, and interest of the United States in (e) DESCRIPTION OF PROPERTY.—The exact and to a parcel of real property, including (Purpose: To authorize land conveyances of acreage and legal description of any real improvements thereon, consisting of ap- certain parcels in the Camp Catlin and property to be conveyed under subsection (a) proximately 201 acres located at the former Ohana Nui areas, Pearl Harbor, Hawaii) shall be determined by a survey satisfactory Haines Fuel Terminal (also known as the On page 565, after line 20, add the fol- to the Secretary. Haines Tank Farm) in Haines, Alaska, for lowing: (f) ADDITIONAL TERM AND CONDITIONS.—The the purpose of permitting the Association to SEC. 2832. LAND CONVEYANCES OF CERTAIN PAR- Secretary may require such additional terms develop a Deep Sea Port and for other indus- CELS IN THE CAMP CATLIN AND and conditions in connection with a convey- trial and commercial development purposes. OHANA NUI AREAS, PEARL HARBOR, ance under subsection (a) as the Secretary To the extent practicable, the Secretary is HAWAII. considers appropriate to protect the inter- encouraged to complete the conveyance by (a) CONVEYANCES AUTHORIZED.—The Sec- ests of the United States. September 30, 2013, but not prior to the date retary of the Navy (‘‘the Secretary’’) may AMENDMENT NO. 1619 of completion of all obligations referenced in convey to any person or entity leasing or li- (Purpose: To authorize the Department of subsection (e). censing real property located at Camp Catlin Defense to participate in programs for the (b) CONSIDERATION.—As consideration for and Ohana Nui areas, Hawaii, as of the date management of energy demand or the re- the conveyance under subsection (a), the As- of the enactment of this Act (‘‘the lessee’’) duction of energy usage during peak peri- sociation shall pay to the Secretary an all right, title, and interest of the United ods) amount equal to the fair market value of the States in and to the portion of such property At the appropriate place in title III, insert property, as determined by the Secretary. that is respectively leased or licensed by the following: The determination of the Secretary shall be such person or entity for the purpose of con- final. tinuing the same functions as are being con- SEC. ll. DEPARTMENT OF DEFENSE PARTICIPA- TION IN PROGRAMS FOR MANAGE- (c) REVERSIONARY INTEREST.—If the Sec- ducted on the property as of the date of the MENT OF ENERGY DEMAND OR RE- retary determines at any time that the real enactment of this Act. DUCTION OF ENERGY USAGE DUR- property conveyed under subsection (a) is (b) CONSIDERATION.—As consideration for a ING PEAK PERIODS. not being used in accordance with the pur- conveyance under subsection (a), the lessee (a) IN GENERAL.—Subchapter I of chapter pose of the conveyance, all right, title, and shall provide the United States, whether by 173 of title 10, United States Code, is amend- interest in and to such real property, includ- cash payment, in-kind consideration, or a ed by adding at the end the following new ing any improvements and appurtenant ease- combination thereof, an amount that is not section: ments thereto, shall, at the option of the less than the fair market of the conveyed ‘‘§ 2919. Department of Defense participation Secretary, revert to and become the property property, as determined pursuant to an ap- in programs for management of energy de- of the United States, and the United States praisal acceptable to the Secretary. mand or reduction of energy usage during shall have the right of immediate entry onto (c) EXERCISE OF RIGHT TO PURCHASE PROP- peak periods ERTY.— such real property. A determination by the ‘‘(a) PARTICIPATION IN DEMAND RESPONSE Secretary under this subsection shall be (1) ACCEPTANCE OF OFFER.—For a period of OR LOAD MANAGEMENT PROGRAMS.—The Sec- made on the record after an opportunity for 180 days beginning on the date the Secretary retary of Defense, the Secretaries of the a hearing. makes a written offer to convey the property military departments, the heads of the De- (d) PAYMENT OF COSTS OF CONVEYANCES.— or any portion thereof under subsection (a), fense Agencies, and the heads of other in- (1) PAYMENT REQUIRED.—The Secretary the lessee shall have the exclusive right to strumentalities of the Department of De- shall require the Association to cover costs accept such offer by providing written notice fense are authorized to participate in de- to be incurred by the Secretary, or to reim- of acceptance to the Secretary within the mand response programs for the manage- burse the Secretary for costs incurred by the specified 180-day time period. If the Sec- ment of energy demand or the reduction of Secretary, to carry out the conveyance retary’s offer is not so accepted within the energy usage during peak periods conducted under subsection (a), including survey costs, 180-day period, the offer shall expire. by any of the following parties: costs related to environmental documenta- (2) CONVEYANCE DEADLINE.—If a lessee ac- ‘‘(1) An electric utility tion, and other administrative costs related cepts the offer to convey the property or a ‘‘(2) An independent system operator. to the conveyance. If amounts are collected portion thereof in accordance with para- ‘‘(3) A State agency. from the Association in advance of the Sec- graph (1), the conveyance shall take place ‘‘(4) A third party entity (such as a demand retary incurring the actual costs, and the not later than 2 years after the date of the response aggregator or curtailment service amount collected exceeds the costs actually lessee’s written acceptance, provided that provider) implementing demand response incurred by the Secretary to carry out the the conveyance date may be extended for a programs on behalf of an electric utility, conveyance, the Secretary shall refund the reasonable period of time by mutual agree- independent system operator, or State agen- excess amount to the Association. ment of the parties, evidenced by a written cy. (2) TREATMENT OF AMOUNTS RECEIVED.— instrument executed by the parties prior to ‘‘(b) TREATMENT OF CERTAIN FINANCIAL IN- Amounts received as reimbursements under the end of the 2-year period. If the lessee’s CENTIVES.—Financial incentives received

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7857 from an entity specified in subsection (a) (5) ensures that each facility covered by the State of incorporation, establish a cor- shall be received in cash and deposited into the plan meets or exceeds Joint Commission poration to support the athletic programs of the Treasury as a miscellaneous receipt. hospital design standards as applicable; and the Academy (in this section referred to as Amounts received shall be available for obli- (6) can be used as a model to develop simi- the ‘corporation’). All stock of the corpora- gation only to the extent provided in ad- lar master plans for all military medical fa- tion shall be owned by the United States and vance in an appropriations Act. The Sec- cilities within the Department of Defense. held in the name of and voted by the Sec- retary concerned or the head of the Defense (b) MILESTONE SCHEDULE AND COST ESTI- retary of the Air Force. Agency or other instrumentality, as the case MATES.—Not later than 90 days after the de- ‘‘(2) PURPOSE.—The corporation shall oper- may be, shall pay for the cost of the design velopment of the master plan required by (a), ate exclusively for charitable, educational, and implementation of these services in full the Secretary shall submit to the congres- and civic purposes to support the athletic in the year in which they are received from sional defense committees a report describ- programs of the Academy. amounts provided in advance in an appro- ing— ‘‘(b) CORPORATE ORGANIZATION.—The cor- priations Act. (1) the schedule for completion of require- poration shall be organized and operated— ‘‘(c) USE OF CERTAIN FINANCIAL INCEN- ments identified in the master plan; and ‘‘(1) as a nonprofit corporation under sec- TIVES.—Of the amounts derived from finan- (2) updated cost estimates to provide world tion 501(c)(3) of the Internal Revenue Code of cial incentives awarded to a military instal- class military medical facilities for the Na- 1986; lation as described in subsection (b) and pro- tional Capital Region. ‘‘(2) in accordance with this section; and vided for in advance by an appropriations (c) DEFINITIONS.—In this section: ‘‘(3) pursuant to the laws of the State of in- Act— (1) NATIONAL CAPITAL REGION.—The term corporation, its articles of incorporation, ‘‘(1) not less than 100 percent shall be made ‘‘National Capital Region’’ has the meaning and its bylaws. available for use at such military installa- given the term in section 2674(f) of title 10, ‘‘(c) CORPORATE BOARD OF DIRECTORS.— tion; and United States Code. ‘‘(1) COMPENSATION.—The members of the ‘‘(2) not less than 30 percent shall be made (2) WORLD CLASS MILITARY MEDICAL FACIL- board of directors shall serve without com- available for energy management initiatives ITY.—The term ‘‘world class military med- pensation, except for reasonable travel and at such installation.’’. ical facility’’ has the meaning given the other related expenses for attendance at (b) CLERICAL AMENDMENT.—The table of term by the National Capital Region Base meetings. sections at the beginning of such subchapter Realignment and Closure Health Systems ‘‘(2) AIR FORCE PERSONNEL.—The Secretary is amended by adding at the end the fol- Advisory Subcommittee of the Defense of the Air Force may authorize military and lowing new item: Health Board in appendix B of the report en- civilian personnel of the Air Force under sec- titled ‘‘Achieving World Class – An Inde- tion 1033 of this title to serve, in their offi- ‘‘2919. Department of Defense participation pendent Review of the Design Plans for the cial capacities, as members of the board of in programs for management of Walter Reed National Military Medical Cen- directors, but such personnel shall not hold energy demand or reduction of ter and the Fort Belvoir Community Hos- more than one third of the directorships. energy usage during peak peri- pital’’, published in May, 2009. ‘‘(d) TRANSFER FROM NONAPPROPRIATED ods.’’. AMENDMENT NO. 1642 FUND OPERATION.—The Secretary of the Air AMENDMENT NO. 1638 Force may, subject to the acceptance of the (Purpose: To require the Comptroller Gen- corporation, transfer to the corporation all (Purpose: To require a master plan to pro- eral of the United States to conduct a re- title to and ownership of the assets and li- vide world class military medical facilities view of spending in the final quarter of fis- abilities of the Air Force nonappropriated in the National Capital Region) cal year 2009 by the Department of De- fund instrumentality whose functions in- At the end of title XXVII, add the fol- fense) clude providing support for the athletic pro- lowing: At the end of subtitle G of title X, add the grams of the Academy, including bank ac- SEC. 2707. REQUIREMENT FOR MASTER PLAN TO following: counts and financial reserves in its accounts, PROVIDE WORLD CLASS MILITARY SEC. 1073. COMPTROLLER GENERAL REVIEW OF equipment, supplies, and other personal MEDICAL FACILITIES IN THE NA- SPENDING IN THE FINAL QUARTER TIONAL CAPITAL REGION. property, but excluding any interest in real OF FISCAL YEAR 2009 BY THE DE- property. (a) MASTER PLAN REQUIRED.—Not later PARTMENT OF DEFENSE. ‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary than 180 days after the date of the enactment (a) REVIEW OF SPENDING BY THE COMP- of the Air Force may accept from the cor- of this Act, the Secretary of Defense shall TROLLER GENERAL.—The Comptroller Gen- poration funds, supplies, and services for the develop and implement a comprehensive eral of the United States shall conduct a re- support of cadets and Academy personnel master plan to provide world class military view of the obligations and expenditures of during their participation in, or in support medical facilities and an integrated system the Department of Defense in the final quar- of, Academy or corporate events related to of health care delivery for the National Cap- ter of fiscal year 2009, as compared to the ob- the Academy athletic programs. ital Region that— ligations and expenditures of the Depart- ‘‘(f) LEASING.—The Secretary of the Air (1) addresses— ment in the first three quarters of that fiscal Force may, in accordance with section 2667 (A) the unique needs of members of the year, to determine if policies with respect to of this title, lease real and personal property Armed Forces and retired members of the spending by the Department contribute to to the corporation for purposes related to Armed Forces and their families; hastened year-end spending and poor use or the Academy athletic programs. Money rent- (B) the care, management, and transition waste of taxpayer dollars. als received from any such lease may be re- of seriously ill and injured members of the (b) REPORT.—Not later than the earlier of tained and spent by the Secretary to support Armed Forces and their families; March 30, 2010, or the date that is 180 days athletic programs of the Academy.’’. (C) the missions of the branch or branches after the date of the enactment of this Act, (b) CLERICAL AMENDMENT.—The table of of the Armed Forces served; and the Comptroller General shall submit to sections at the beginning of such chapter is (D) performance expectations for the fu- Congress a report containing— amended by inserting after the item relating ture integrated health care delivery system, (1) the results of the review conducted to section 9361 the following new item: including— under subsection (a); and ‘‘9362. Air Force Academy athletic programs (i) information management and informa- (2) any recommendations of the Comp- support.’’. tion technology support; and troller General with respect to improving (ii) expansion of support services; the policies pursuant to which amounts ap- AMENDMENT NO. 1634 (2) includes the establishment of an inte- propriated to the Department of Defense are (Purpose: To express the sense of Congress grated process for the joint development of obligated and expended in the final quarter regarding airfares for members of the budgets, prioritization of requirements, and of the fiscal year. Armed Forces) the allocation of funds; AMENDMENT NO. 1499 On page 201, after line 25, add the fol- (3) designates a single entity within the (Purpose: To authorize an Air Force lowing: Department of Defense with the budget and Academy athletics support program) SEC. 652. SENSE OF CONGRESS ON AIRFARES FOR operational authority to respond quickly to MEMBERS OF THE ARMED FORCES. On page 120, before line 1, insert the fol- and address emerging facility and oper- (a) FINDINGS.—Congress makes the fol- ational requirements required to provide and lowing: lowing findings: operate world class military medical facili- SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSO- (1) The Armed Forces is comprised of over ties in the National Capital Region; CIATION. 1,450,000 active-duty members from every (4) incorporates all ancillary and support (a) IN GENERAL.—Chapter 903 of title 10, State and territory of the United States who facilities at the National Naval Medical Cen- United States Code, is amended by inserting are assigned to thousands of installations, ter, Bethesda, Maryland, including education after section 9361 the following new section: stations, and ships worldwide and who often- and research facilities as well as centers of ‘‘§ 9362. Air Force Academy athletic programs times must travel long distances by air at excellence, transportation, and parking support their own expense to enjoy the benefits of structures required to provide a full range of ‘‘(a) ESTABLISHMENT AUTHORIZED.— leave and liberty. adequate care and services for members of ‘‘(1) IN GENERAL.—The Secretary of the Air (2) The United States is indebted to the the Armed Forces and their families; Force may, in accordance with the laws of members of the all volunteer Armed Forces

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7858 CONGRESSIONAL RECORD — SENATE July 22, 2009 and their families who protect our Nation, (2) made a determination with respect to and then move on to pending amend- often experiencing long separations due to the number of Ground-based Interceptor mis- ments. the demands of military service and in life siles that will be necessary to support the Mr. LEVIN. If it is not already threatening circumstances. service life of the Ground-based Midcourse agreed to, I think there was an under- (3) Military service often precludes long Defense element of the Ballistic Missile De- standing on the Lieberman and on the range planning for leave and liberty to pro- fense System. vide opportunities for reunions and recre- (b) LIMITATION ON CERTAIN ACTIONS WITH Bayh amendments there would be an ation with loved ones and requires changes RESPECT TO MISSILE FIELD 1 AND MISSILE hour for each. in planning due to military necessity which FIELD 2 AT FORT GREELY, ALASKA.— Mr. LIEBERMAN. That is fine. results in last minute changes in planning. (1) LIMITATION ON DECOMMISSIONING OF MIS- Mr. LEVIN. We need the language be- (b) SENSE OF CONGRESS.—It is the sense of SILE FIELD 1.—The Secretary of Defense shall fore that can be agreed to. But that is Congress that— ensure that Missile Field 1 at Fort Greely, the understanding or intent. (1) all United States commercial carriers Alaska, does not complete decommissioning Mr. MCCAIN. I thank the chairman. I should seek to lend their support with flexi- until seven silos have been emplaced at Mis- think that clears up what our plans are ble, generous policies applicable to members sile Field 2 at Fort Greely. for a good part of tomorrow. of the Armed Forces who are traveling on (2) LIMITATION WITH RESPECT TO DISPOSITION Mr. LEVIN. There will be no more leave or liberty at their own expense; and OF SILOS AT MISSILE FIELD 2.—The Secretary votes tonight. (2) each United States air carrier, for all of Defense shall ensure that no irreversible The PRESIDING OFFICER. Is there decision is made with respect to the disposi- members of the Armed Forces who have been any objection to the speaker order? granted leave or liberty and who are trav- tion of operational silos at Missile Field 2 at eling by air at their own expense, should— Fort Greely, Alaska, until that date that is Without objection, it is so ordered. (A) seek to provide reduced air fares that 60 days after the date on which the reports The Senator from Colorado. are comparable to the lowest airfare for required by subsections (b)(3) and (c)(3) of Mr. UDALL of Colorado. Mr. Presi- ticketed flights and that eliminate to the section 243 are submitted to the congres- dent, I ask unanimous consent to speak maximum extent possible advance purchase sional defense committees. as in morning business. requirements; Mr. LEVIN. Now, Mr. President, I The PRESIDING OFFICER. Without (B) seek to eliminate change fees or would ask unanimous consent that objection, it is so ordered. charges and any penalties for military per- Senator UDALL be recognized as in SOTOMAYOR NOMINATION sonnel; morning business for 10 minutes; then Mr. UDALL of Colorado. Mr. Presi- (C) seek to eliminate or reduce baggage that Senator AKAKA be recognized to dent, 28 years ago my father, former and excess weight fees; Congressman from Arizona, Morris (D) offer flexible terms that allow members speak on an amendment, which he in- of the Armed Forces on active duty to pur- tends to offer, and which we will do ev- Udall, took the long walk from the chase, modify, or cancel tickets without erything we can to make in order to- House of Representatives to come to time restrictions, and to waive fees (includ- morrow; and then that Senator MUR- the Senate. The divide that separates ing baggage fees), ancillary costs, or pen- RAY be recognized for 10 minutes as in the two great Chambers of Congress alties; and morning business. sometimes struck my father as deeper (E) seek to take proactive measures to en- Mr. MCCAIN. Mr. President, reserv- and wider than the Grand Canyon of sure that all airline employees, particularly ing the right to object, and I will not Arizona, but he crossed over that day those who issue tickets and respond to mem- object, it is also my understanding because he had a mission. He came to bers of the Armed Forces and their family members are trained in the policies of the then that at the beginning of business testify before the Senate Judiciary airline aimed at benefitting members of the tomorrow we will be taking up the Kyl Committee on behalf of a fellow Arizo- Armed Forces who are on leave. amendment and the Bayh either second nan Sandra Day O’Connor—the first AMENDMENT NO. 1676 degree or side-by-side, with 2 hours woman to serve as a U.S. Supreme (Purpose: To require the Comptroller Gen- equally divided. Court Justice. eral of the United States to review the as- Mr. LEVIN. No. The UC, I believe, as My father, who was often at odds sessment and plan for the Ground-based it reads, is that we will take up the Kyl with ideologues of every stripe, noted Midcourse Defense element of the Ballistic amendment tomorrow, with a possible she was ‘‘clearly conservative,’’ but he Missile Defense System) second degree or side-by-side; and then also spoke of her ‘‘great judicial tem- On page 66, between lines 19 and 20, insert after they are disposed of, then we perament’’ and her disposition to al- the following: would go to the Lieberman amendment ways put justice ahead of partisanship. (e) COMPTROLLER GENERAL REVIEW.—The and a second degree or a side-by-side Justice O’Connor proved to be an Comptroller General of the United States amendment of Senator BAYH. outstanding member of the Court, and shall— Mr. LIEBERMAN. On the alternate my father never regretted his decision (1) review the assessment required by sub- engine. to support her nomination. section (b) and the plan required by sub- A generation later, I am honored to section (c); and Mr. LEVIN. On the alternate engine. (2) not later than 120 days after receiving Mr. MCCAIN. So we would be taking stand here today to voice my strong the assessment and the plan, provide to the up the Kyl amendment first, and support for the first Hispanic woman congressional defense committees the results then—— nominated for the U.S. Supreme of the review. Mr. LEVIN. Then a possible second Court—Sonia Sotomayor. AMENDMENT NO. 1677 degree or side-by-side to Kyl. Then, Judge Sotomayor’s story is truly the (Purpose: To avoid a break in production of after the disposition of Kyl and any quintessential example of the Amer- the Ground-based Interceptor missile until side-by-side or second degree, we would ican dream. The daughter of Puerto the Department of Defense completes the move to the Lieberman amendment on Rican parents who moved to New York Ballistic Missile Defense Review and to en- alternate engines, with a Bayh second City at a time when racial and ethnic sure there is no gap in homeland defense degree or side-by-side. prejudice was widespread, she lost her by ensuring that Missile Field 1 at Fort Mr. MCCAIN. And there are time father at age 9. Her extraordinary Greely, Alaska, does not complete decom- agreements on both amendments? mother worked hard to provide an ex- missioning until seven silos have been em- Mr. LEVIN. We do not have a time placed at Missile Field 2 at Fort Greely) ample of striving in the best sense of agreement yet on any of the amend- that word. Sonia Sotomayor took that At the end of subtitle C of title II, add the ments. We hope in the morning to have following: example to Princeton, Yale Law time agreements. But we did not have School, the Manhattan District Attor- SEC. 245. CONTINUED PRODUCTION OF GROUND- BASED INTERCEPTOR MISSILE AND the language available for any—we did ney’s Office, and as a Federal judge. OPERATION OF MISSILE FIELD 1 AT not have either the second-degree It is no wonder the Hispanic commu- FORT GREELY, ALASKA. amendment language or the side-by- nity is proud of this nomination and (a) LIMITATION ON BREAK IN PRODUCTION.— side available, so your side was unable, has shown an outpouring of support for The Secretary of Defense shall ensure that understandably, to agree to a time Judge Sotomayor. I was moved person- the Missile Defense Agency does not allow a ally to learn that Hispanic citizens break in production of the Ground-based In- agreement. terceptor missile until the Department of Mr. MCCAIN. Once the other sides of from across the country traveled to Defense has— these amendments are aware of the Washington, DC, and stood in line for (1) completed the Ballistic Missile Defense side-by-side, then it is our intention to hours in order to be in the audience for Review; and have an hour or two equally divided, her confirmation hearings.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7859 Former Colorado State Senator Polly Judge Sotomayor has received en- After I had a chance to meet with Baca was one of those who traveled dorsements from a variety of organiza- Judge Sotomayor, I came away with from Colorado. As a friend of the tions, ranging from law enforcement the opinion that she possesses the tem- Sotomayor family, Polly’s reaction and sportsmen and hunters, to legal perament, the qualifications, and the mirrored many others when she said and higher education professionals. experience to meet the challenges of that the judge is ‘‘just brilliant.’’ The Framers of the Constitution an- serving at the highest level on the Su- ‘‘Some people viewed her as a bit of a ticipated the importance of having an preme Court. nerd,’’ Senator Baca said, ‘‘because she independent and duty-bound judiciary. I also appreciated that she acknowl- worked so hard, studied so hard. And Alexander Hamilton, in the Federalist edged one of the most important issues she’s led her life that way. . . .’’ ‘‘She Papers, noted that: to the livelihood of westerners: water. is who she is,’’ Senator Baca concluded. To avoid an arbitrary discretion in the She surprised me when she said that all This historic nomination is not only a courts, it is indispensable that they should of the questions surrounding water source of pride for Hispanic Americans, be bound down by strict rules and prece- may be among the most challenging but for all of us. That is because we all dents, which serve to define and point out their duty in every particular case that legal controversies we face in the next take heart and experience pride when comes before them. . . . 25 to 50 years. We did not have a con- we hear of a fellow American who over- From her record, it is unmistakable versation about the specific legal comes great obstacles and does good that Judge Sotomayor has dem- issues that might emerge around through hard work and perseverance. water, energy, or public lands in the Let me quote the Greeley Tribune onstrated a commitment to precedent and the rule of law, as Mr. Hamilton West, but what I saw was a reassuring out on our eastern plains in my home appreciation for the unique problems of State of Colorado. The Tribune wrote: described it. During her confirmation hearings, she said: our region and an intellectual curiosity This is, instead, a celebration of the to match it. growth of our democracy . . . it is important As a judge, I do not make the law . . . judges must apply the law. So as I conclude, I have reviewed that we recognize her nomination for what it Judge Sotomayor’s impressive judicial is: a signpost on the unending road toward a Some have raised the question record. I have watched and listened more perfect union. whether Judge Sotomayor is a ‘‘liberal carefully to her answers during her The Framers of the Constitution spe- activist’’ because of her involvement confirmation hearing and met with her cifically outlined the advise and con- on the board of the Puerto Rican Legal in person. Like Justice Sandra Day sent role of the Senate regarding nomi- Defense and Education Fund. But O’Connor, I believe she is poised to nations. This is one of our most solemn Judge Sotomayor’s role and involve- make history. I am proud to support duties as Senators, the importance of ment has not been in directing legal which cannot be overstated. I take this opinions from this organization, but it her nomination, and I would encourage responsibility very seriously. The Su- has been directed instead at encour- my colleagues in the Senate to do like- preme Court is the highest Court in our aging Puerto Rican youth to pursue ca- wise. Mr. President, I yield the floor. land. Once it rules on a case, that hold- reers in the legal profession. Mr. LEVIN. Mr. President, I ask ing and rule become the law of the According to her record, she has par- unanimous consent that after the re- land. The Presiding Officer, as the ticipated in 434 published panel deci- marks of the Senator from Hawaii, the former attorney general of Illinois, sions where there was at least one Senate go into a period of morning knows that to be the case. The men judge appointed by a Republican Presi- business, with Senator MURRAY to be and women we send to serve there dent. Despite notions to the contrary, recognized first for 10 minutes and make decisions and render judgments she has agreed with the result favored other Members of the body permitted that can chart our destiny, literally, as by the Republican appointee 95 percent to speak for up to 10 minutes each. a people. of the time. What does that dem- So an inspiring life story is not the onstrate? Well, it demonstrates that The PRESIDING OFFICER. Without only or even the most compelling rea- Judge Sotomayor does not have an ide- objection, it is so ordered. The Senator from Hawaii is recog- son to confirm Judge Sotomayor. What ological bias but that she is a moderate nized. matters most? Her qualifications for jurist. the job, her record, and her approach to I also wish to acknowledge another AMENDMENT NO. 1522 the Constitution. alleged controversy Judge Sotomayor’s Mr. AKAKA. Mr. President, I rise to Last week my colleagues on the Sen- critics have seized upon as a reason to speak on amendment No. 1522 to S. ate Judiciary Committee began the oppose her confirmation; that is, her 1390. I understand there is not yet an confirmation proceedings for Judge so-called ‘‘wise Latina’’ remarks in agreement to consider the amendment, Sotomayor and examined her record. which the judge waxed not so elo- but I am hopeful there will be one soon. During those hearings, the judge han- quently on her hopes that she might Amendment No. 1522 would enhance dled herself with grace and poise. She draw special wisdom and insight from the retirement security of Federal em- answered tough questions and clearly her personal experience. Judge ployees and address inequities in the demonstrated her commitment to the Sotomayor herself has acknowledged system. As chairman of the Sub- law and the Constitution. the clumsiness of her language. If any- committee on Oversight of Government Out on the west slope of our great thing in her record suggested a special Management, the Federal Workforce, State of Colorado, we have the city of bias or prejudice, these words might be and the District of Columbia, I am Grand Junction. The Daily Sentinel, evidence of a larger problem, but that proud to join with Senators COLLINS, that city’s newspaper, stated last is simply not borne out in a review of LIEBERMAN, VOINOVICH, MURKOWSKI, week: ‘‘Sotomayor is unquestionably her record on the bench. Nor did her BEGICH, KOHL, MIKULSKI, CARDIN, qualified.’’ And I agree. decision on the Ricci case strike me as INOUYE, WEBB, and WARNER in this bi- There is no doubt that she is superbly evidence of activist bias so much as it partisan amendment. qualified to be our next Supreme Court was a case of deference for judicial Each of these revisions is much need- Justice. As a Federal trial judge, in ad- precedent. It strikes me as particularly ed and has been thoroughly debated by dition to her more recent experience on unfair for Judge Sotomayor’s critics to the appropriate committees in the the court of appeals, Judge Sotomayor assail her for social activism when House and Senate. Many of the changes brings more experience as a judge to there is little, if any, evidence of that were requested by the administrators the job of serving on the Supreme in her record, and they also used the of the retirement plans and are strong- Court than anyone currently serving Ricci case as an example. Frankly, I ly supported by many organizations. on the Court. think the judge’s opinions consistently The list of supporters is too long to In addition, the judge received a show judicial restraint, respect for es- read here, but it includes every major ‘‘well-qualified’’ rating from the Amer- tablished legal precedent, and def- Federal employee union; postal unions, ican Bar Association. This is the high- erence to the policymaking role of the supervisors, and postmasters; the Fed- est rating from the ABA, notable be- elected branches—even when it leads to eral Law Enforcement Officers Associa- cause it is given by Judge Sotomayor’s a result that may be unpopular or dif- tion, and several government managers peers. ferent from her personal opinion. groups.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7860 CONGRESSIONAL RECORD — SENATE July 22, 2009 Most important to my home State of Disability System. This amendment is These costs get passed on to those with Hawaii, the amendment provides re- meant to provide narrow and specific insurance in the form of higher insur- tirement equity to Federal employees relief only to this small group of ance premiums. In fact, it is estimated in Hawaii, Alaska, and the territories. agents and officers by allowing them to that a family of four today here in this More than 23,000 Federal employees in access the retirement system they country is paying an added $1,000 in Hawaii, including more than 17,000 De- were promised at the time they were premiums a year to help pay for those fense Department employees and an- hired. who don’t have any coverage. Essen- other 30,000 Federal employees in Alas- I strongly encourage my colleagues tially, families with health insurance ka and the territories, currently re- to support this amendment, the Fed- today are paying a hidden tax. That ceive a cost-of-living allowance which eral retirement reform provisions, and tax is hurting our families who are in- is not taxed and does not count for re- the bill. sured, it is hurting our businesses, and tirement. Because of this, workers in Mr. President, I yield the floor. it has to end. the nonforeign areas retire with sig- The PRESIDING OFFICER. The Sen- Health care reform will do that. By nificantly lower annuities than their ator from Washington. creating a competitive pool of insurance options, including a public option, counterparts in the 48 States and DC. f COLA rates are scheduled to go down we can bring down the costs and the MORNING BUSINESS later this year, along with the pay of premiums to families in the long run. nearly 50,000 Federal employees if we We are going to be moving to a system that rewards innovation and healthy do not provide this fix. HEALTH CARE REFORM In 2007, I introduced the Non-Foreign outcomes, and because Americans will Area Retirement Equity Assurance Mrs. MURRAY. Mr. President, if you have a choice of insurance plans, insur- Act. The bill passed the Senate by look at the front cover of newspapers ance providers will be forced to lower unanimous consent in October 2008. Un- across the country this week or watch costs so they can be competitive. fortunately, the House did not have cable news each day, it is pretty clear The existence of a pool of insurers to time to consider the bill before ad- that the rhetoric on health care reform choose from means that if you lose journment. is really heating up. Whether it is your job, you don’t lose your insur- I reintroduced S. 507, which is in- threats from the other side of the aisle ance. If you want to change jobs or cluded in the amendment, with Sen- to ‘‘break’’ a President who has made maybe even start a business, there is a ators MURKOWSKI, INOUYE, and BEGICH. health care reform a priority or wheth- health care option for you. And we It is nearly identical to the bill that er it is the million-dollar ad buys from make it easier for small businesses to passed the Senate last year. It is a bi- interest groups we are seeing or wheth- provide coverage for their employees partisan effort to transition employees er it is political pundits, health care by having them pay for up to half the in Hawaii, Alaska, and the territories rhetoric is reaching a fever pitch. In cost of health insurance for businesses to the same locality pay system used fact, the discourse here in Washington, with 50 or fewer workers. Accordingly, in the rest of the United States while DC, has gotten so loud that the voice of we also prohibit insurance companies protecting employees’ take-home pay. American families is being drowned from charging higher premiums for The measure passed unanimously out. women or for the elderly, and we end through the committee on April 1, 2009. These days, those who need reform the practice of denying coverage to The second provision I wish to high- the most are the ones being heard from those people with preexisting condi- light corrects how employees’ annu- the least. That is why 3 weeks ago I tions. And for the first time, we put a ities are calculated for part-time serv- sent an e-mail to many of my constitu- priority on prevention and wellness. If ice under the Civil Service Retirement ents asking them to share with me we invest in community-based pro- System. This provision removes a dis- their personal stories of dealing with grams to improve nutrition or prevent incentive that now discourages Federal our health care system and asking smoking or increase fitness, we are employees near retirement from work- them for their ideas for reform. So far, going to save taxpayers nearly $16 bil- ing on a part-time basis while phasing I have received in just a few short lion a year within 5 years. So health care reform, when we talk into retirement. It would treat Federal weeks over 5,000 e-mails into my office about it here, will make health care employees under CSRS the same way with deeply personal and often very coverage more affordable, portable, and they are treated under the newer Fed- painful stories from every corner of my State. Yesterday, I came to the floor to undeniable. eral Employee Retirement System. Let me give a real-life example of The third provision I wish to discuss share several of those stories. They someone who has health insurance were the stories of women who had lost would allow FERS participants to today but would benefit greatly from their insurance, and due to an inability apply their unused sick leave to their the health care reform we are talking to get care when they needed it most, length of service for computing their about. One of the letters I recently re- they lost their lives. Many of the let- retirement annuities as is done for ceived is from Patricia Jackson, who ters I have received, such as those I CSRS employees. The Congressional lives in Woodinville, WA. I suspect her spoke about yesterday, tug at the Research Service found that FERS em- story will sound pretty familiar to heart strings. But today, this evening, ployees within 2 years of retirement most Americans. eligibility used 25 percent more sick I wish to talk about what so many Patricia and her family have private leave than similarly situated CSRS Americans are concerned about right insurance that is paid for each month employees. OPM also found that the now: their purse strings. through premiums that come directly disparity in sick leave usage costs the I understand many Americans are out of Patricia’s paycheck. But as is Federal Government approximately $68 satisfied with the level of care their in- the case with many middle-class fami- million in productivity each year. This surance provides. These are the Ameri- lies, the burden of those premium pay- solution was proposed by Federal man- cans who can get in to see a doctor ments is rapidly rising. To provide care agers who wanted additional tools to when they need one, and they receive for her family of four, Patricia paid build a more efficient and productive good, quality care. These are the Amer- $840 a month in 2007. Then last year her workplace and to provide employees icans who want to know what is in it payments jumped to $900 a month. with an incentive not to use sick leave for them: What will I get out of re- Today she is paying $1,186 in premiums unnecessarily near retirement. form? And with all of their other prob- to provide care for her family every Finally, I wish to add that this lems, why should we pay for it right month. amendment will make good on the re- now? These are good questions to Unfortunately, for too many fami- cruitment promise made to a small which the American people deserve a lies, Patricia’s story isn’t the excep- group of Secret Service agents. Ap- good answer. tion, it is the rule. It is exactly what proximately 180 Secret Service agents It is not just the uninsured who are they are seeing in their homes with and officers hired from 1984 through impacted by not being able to access their premiums. 1986 were promised access to the DC preventive medicine or having to seek Health insurance premiums for work- Police and Firefighter Retirement and costly care in the emergency room. ing families in Washington State have

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7861 skyrocketed in recent years. In fact, form won’t break the President of the Standing Rules of the Senate, hereby move according to a study by Families USA, United States of America, but it will to bring to a close debate on Calendar No. 89, from 2000 to 2007, premiums increased break American families, it will break S. 1390, the National Defense Authorization by 86.6 percent. American businesses; it will break the for Fiscal Year 2010. Let me say that again. Over an 8- Carl Levin, Harry Reid, Barbara Boxer, bank. Mark Udall, Jack Reed, Jon Tester, year period, premiums in my home America deserves better. Congress Jeanne Shaheen, Al Franken, Evan State of Washington increased by 86.6 knows that most Americans like their Bayh, Patrick J. Leahy, Richard J. percent. But over that same period of doctors, their providers, and their cov- Durbin, Byron L. Dorgan, Daniel K. time, wages in my State only grew by erage. On the days they need to see a Inouye, Blanche L. Lincoln, Joseph I. 16 percent. doctor, they are glad they can provide Lieberman, Ron Wyden, Mary L. Health care premiums are taking a their families with coverage for boost- Landrieu. bigger and bigger chunk out of fami- er shots, checkups, preventive, and Mr. REID. Mr. President, I ask unan- lies’ paychecks. Health insurance pre- even emergency care. But on payday, it imous consent that the mandatory miums rose over five times faster than is a very different story. quorum call be waived. median earnings, and that problem is For those of our colleagues who ask The PRESIDING OFFICER. Without not going away. how we can afford to pay for this, I objection, it is so ordered. For a lot of our average middle-class want to tell them to ask Patricia Jack- Mr. REID. Mr. President, this week, families who are struggling to make son—or any of their constituents—be- we are considering important legisla- mortgage payments or to send their cause the real question is: How can we tion to authorize spending for the De- kids to college today, this is a situa- afford not to? Especially at a time partment of Defense. Among the many tion that cannot continue. They can’t when the economy is struggling and activities supported by this funding are afford it. If we don’t have meaningful the costs of care are rising, we need to our efforts to fight al-Qaida, the health care reform, it is a trend that is do everything we can to rein in those Taliban, and other terrorist groups going to continue indefinitely. costs, prevent people from losing their around the world and prevent another This reform can’t come a moment coverage and having to seek more ex- terrorist attack on our country. too soon. Two weeks ago, Patricia’s— pensive care in our emergency rooms. The bill includes funding for a num- who I just talked about—insurance Tonight we will hear from our Presi- ber of key priorities relating to our company, which is the largest private dent. He knows that doing nothing is fight against terrorists. It provides $130 insurance company in my home State, not an option. The time is right, the billion to fund our efforts in Afghani- announced another dramatic increase time is now. Patricia, her family, and stan and Iraq. Afghanistan remains the in premium. They told Patricia, and a the millions of hard-working, tax- front line in the battle against ter- lot of other families in my State, that paying Americans across the country rorism, as it provides a haven for thou- starting on August 1, this company is simply cannot wait any longer. sands of Taliban and al-Qaida fighters. going to raise premiums for 135,000 en- I urge our Senate colleagues to set And, as U.S. troops pull back from rollees by an average of 17 percent aside the rhetoric and begin to look at Iraqi cities, our mission in that coun- more—17 percent more from what I just the issues and help us solve this prob- try will increasingly focus on counter- told you. lem so we can move this forward. terrorism. It funds a number of key ini- A front-page story in the Seattle I yield the floor and suggest the ab- tiatives to enhance the safety of our Times, the day after that hike was an- sence of a quorum. troops and our citizens from terrorist nounced, quoted Gail Petersen, who The PRESIDING OFFICER. The threats, including funding for detecting lives in north Seattle, who says that clerk will call the roll. and defeating improvised explosive de- news means her premiums are going to The legislative clerk proceeded to vices, or IEDs. It funds some of our rise by $300. She said: call the roll. most important efforts to prevent un- I would love to see insurance companies Mr. REID. Mr. President, I ask unan- secured nuclear material from falling have a little competition. imous consent that the order for the into the hands of terrorists. It expands So would Patricia Jackson. In fact, quorum call be rescinded. the size of our Special Operations Patricia recently contacted my office The PRESIDING OFFICER. Without Forces—the elite commando units like again to let me know that, starting on objection, it is so ordered. Navy SEALs and Army Green Berets— August 1, her new premiums will be who lead this Nation’s global ground over $1,400 a month. That is f fight against terrorism. unaffordable. It is unsustainable for CONCLUSION OF MORNING While the Special Operations Forces Patricia, for America’s families, for BUSINESS provide us a unique and unsurpassed capability, they are hardly the only our businesses, and for America’s fu- Mr. REID. I now ask that morning group of Americans on the front lines ture economic strength. business be closed. Health care reform isn’t just for the of this fight. The Special Operations The PRESIDING OFFICER. Morning uninsured, it is for people such as Pa- Forces are part of one of three key business is closed. tricia and Gail and the millions of oth- groups of people in our government ers who have health insurance right f who play a critical role in this fight. now, who have played by the rules, but DEPARTMENT OF DEFENSE AU- Military service members, who are whose paychecks and futures are being THORIZATION ACT FOR FISCAL fighting house-to-house, street-to- gouged by a system that lacks account- YEAR 2010—Continued street, and village to village in Iraq ability, lacks competition, and lacks and Afghanistan to identify and elimi- reason. Mr. REID. Mr. President, what is the nate terrorists and insurgents. Mem- Unfortunately, we are hearing from pending business? bers of the Foreign Service and USAID some of our friends on the other side The PRESIDING OFFICER. S. 1390, who, in addition to carrying out our who want to prevent meaningful, com- the Defense Department authorization Nation’s diplomacy, are working with prehensive reform from ever moving bill. local leaders to build governing capac- forward. CLOTURE MOTION ity, improve essential services, and fos- Just as unfortunate are their mo- Mr. REID. Mr. President, I have a ter economic growth. And members of tives. We heard a Member of our Sen- cloture motion at the desk. our Nation’s intelligence agencies, who ate say he wants to protect the status The PRESIDING OFFICER. The clo- provide the vital information we need quo. He said: ture motion having been presented both to keep these other public serv- If we are able to stop Obama on this, it will under rule XXII, the Chair directs the ants out of harm’s way and to take the be his Waterloo, it will break him. clerk to read the motion. fight to the terrorists. Mr. President, that type of posturing The legislative clerk read as follows: I want to pause for a moment to rec- is playing games with real lives and CLOTURE MOTION ognize and commend their tremendous real people in order to score cheap po- We, the undersigned Senators, in accord- service to our Nation. The courage, en- litical points. Blocking health care re- ance with the provisions of rule XXII of the durance, and sacrifice they exhibit on a

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7862 CONGRESSIONAL RECORD — SENATE July 22, 2009 daily basis exemplify the highest val- NATO alliance and embraced by the 2 CBO, pg. 37. (Quoting the CBO study: ‘‘Op- ues of our great Nation. And while our governments of Poland and the Czech tion 4, with its Kinetic Energy Interceptors, country has made great strides in hon- Republic. would also provide substantial added cov- oring the contribution of our military This system is important not just be- erage of the United States, particularly against solid-fuel ICBMs. The systems using service members, many of our dip- cause it provides the U.S. with a much SM–3 Block IIA interceptors (Options 2 and lomats and intelligence personnel con- needed defense against the long-range 3) offer the least additional defense of the sistently demonstrate their patriotism ballistic missile threat of Iran, but also United States: almost none against solid-fuel and commitment with hardly any pub- because of what it says about the alli- ICBMs and coverage of only parts of the lic recognition. ance between the United States and northeastern (and, in the case of Option 2, I would like to especially honor the these two countries. It is significant central) United States against liquid fuel men and women of our Nation’s intel- that Poland and the Czech Republic, ICBMs.’’) 3 General Kevin P. Chilton and General ligence services. The U.S. intelligence which spent the better part of the 20th Bantz J. Craddock. Letter to Senator Robert community has been under fire in re- century as oppressed satellites of the C. Byrd. 14 July 2008. cent weeks. The recent controversy is Soviet Union have so earnestly sought Mr. KYL. Mr. President, I ask unani- not over whether the CIA has done to align themselves with the United mous consent to have printed in the enough to go after bin Laden, or about States to confront the threats of the RECORD the following documents: (1) an whether it has done its job effectively. 21st century. open letter to the Obama administra- It is about whether senior leaders in This deployment is clearly in U.S. in- tion from leading Europeans, including the Bush administration mismanaged terests. The Congressional Budget Of- Lech Walesa and Vaclav Havel, who and misrepresented a particular pro- fice, CBO, recently concluded a study warn in strong terms that the so-called gram. That is an important question of the options—current and future—to U.S.-Russia reset must not come at the that our Intelligence Committee will protect the U.S. and its allies from the expense of mutual interests between seek to answer, but it should not call Iranian threat. The results of that the U.S. and the nations of central and into question the distinguished service study were clear: only the Polish and eastern Europe; (2) a recent New York of the officers who continue to do a re- Czech deployments can protect the Times article, ‘‘Eastern Europe Is Un- markable job for our country. United States and Europe; any other easy Over U.S. Ties with Russia’’; and I have seen first hand some of the option costs more and defends the U.S. (3) an op-ed from yesterday’s Wash- military and intelligence officers who 1 less, if at all.’’ ington Post, ‘‘A Letter From Europe: are hunting Osama bin Laden and Let me quote from this CBO study, U.S. leadership in the post-Soviet age other terrorists. CIA and Air Force per- ‘‘Options for Deploying Missile De- is needed to face new challenges.’’ sonnel are working around the clock, fenses in Europe’’: There being no objection, the mate- 24 hours a day, supporting the missions Of the modeled options, MDA’s proposed rial was ordered to be printed in the of Predator and Reaper unmanned aer- European system would provide the most ex- RECORD, as follows: ial vehicles. Their work is a clear ex- tensive defense of the United States, cov- [July 15, 2009] ample of military and intelligence per- ering the entire continental United States sonnel making a significant difference against liquid-fuel ICBMs and covering all of AN OPEN LETTER TO THE OBAMA ADMINISTRA- TION FROM CENTRAL AND EASTERN EUROPE in protecting the safety of American the threatened portion of the continental United States plus part of Alaska against citizens on a daily basis. (By Valdas Adamkus, Martin Butora, Emil solid-fuel ICBMs.2 Constantinescu, Pavol Demes, Lubos According to press reports, since Jan- Dobrovsky, Matyas Eorsi, Istvan uary 1, 2008, UAVs have carried out The reason for this deployment is plain: the STRATCOM and EUCOM Gyarmati, Vaclav Havel, Rastislav Kacer, more than 50 separate strikes against Sandra Kalniete, Karel Schwarzenberg, terrorists and insurgents in the Af- Commanders said to Congress in a July Michal Kovac, Ivan Krastev, Alexander ghanistan-Pakistan border region, kill- 24, 2008 letter: Kwasniewski, Mart Laar, Kadri Liik, Janos ing more than 300 terrorists and insur- We are in complete agreement that Europe Martonyi. Janusz Onyszkiewicz, Adam gents, including over 15 top leaders of requires a layered defense enabled by a ro- Rotfeld, Vaira Vike-Freiberga, Alexandr bust network of sensors in and a credible in- Vondra, Lech Walesa.) the Taliban and al-Qaida. In addition, terceptor capability. Iran’s actions last week press reports indicate UAVs have also We have written this letter because, as illustrate the imperative for credible global Central and Eastern European (CEE) intel- conducted surveillance and reconnais- missile defenses. We cannot wait to counter lectuals and former policymakers, we care sance missions that have been critical a long-range, WMD-capable, Iranian missile deeply about the future of the transatlantic in identifying and tracking targets for threat. Deploying missile defenses in Europe relationship as well as the future quality of strikes by other military assets. In Ne- would demonstrate our resolve to deter this relations between the United States and the vada and around the world, members of threat and protect our nation and allies by countries of our region. We write in our per- our Armed Forces, intelligence serv- providing a critical capability to the sonal capacity as individuals who are friends ices, and foreign services are on the warfighter. and allies of the United States as well as As Combatant Commanders responsible for front lines of our fight against ter- committed Europeans. both United States military operations in Our nations are deeply indebted to the rorism. It is a fight we will win thanks the European theater (EUCOM) and global United States. Many of us know firsthand to their dedication and sacrifice. As we missile defense plans, operations, and capa- how important your support for our freedom continue debate on the Fiscal Year 2010 bility (STRATCOM), our best military ad- and independence was during the dark Cold Defense Authorization Act, I urge my vice leads us to strongly endorse the Presi- War years. U.S. engagement and support was colleagues to join me in recognizing dent’s funding request for European missile essential for the success of our democratic and commending their tremendous defense sites. These capabilities remain crit- transitions after the Iron Curtain fell twenty service to our Nation. ical to defending America and our allies in years ago. Without Washington’s vision and Europe and for deterring our adversaries Mr. KYL. Mr. President, I rise in sup- leadership, it is doubtful that we would be in today and in the future.3 NATO and even the EU today. port of an amendment to be offered by We have worked to reciprocate and make my good friend, the Senator from Con- That is why I am a cosponsor and supporter of the Lieberman amend- this relationship a two-way street. We are necticut, Mr. LIEBERMAN. ment. Atlanticist voices within NATO and the EU. The purpose of this amendment is Our nations have been engaged alongside the straightforward: it seeks to make sure ENDNOTES United States in the Balkans, Iraq, and that the missile defense system de- 1 CBO study, ‘‘Options for Deploying Mis- today in Afghanistan. While our contribu- ployed in Europe is as cost-effective sile Defenses in Europe.’’ Pg. xv. (February tion may at times seem modest compared to and as capable of protecting the United 2009). (Quoting CBO: ‘‘Overall, CBO esti- your own, it is significant when measured as States as the installation of ground- mates, Option 1 would cost between $9 billion a percentage of our population and GDP. and $13 billion; Option 2, between $18 billion Having benefited from your support for lib- based midcourse defense missile de- and $22 billion; Option 3, between $9 billion eral democracy and liberal values in the fense interceptors and early warning and $13 billion; and Option 4, between $10 bil- past, we have been among your strongest radars proposed by the last administra- lion and $14 billion. (Those and other cost es- supporters when it comes to promoting de- tion; that proposal was endorsed by the timates in this report are in 2009 dollars.)’’) mocracy and human rights around the world.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7863 Twenty years after the end of the Cold cials spend much more time in EU meetings embrace the Medvedev plan for a ‘‘Concert of War, however, we see that Central and East- than in consultations with Washington, Powers’’ to replace the continent’s existing, ern European countries are no longer at the where they often struggle to attract atten- value-based security structure. The danger is heart of American foreign policy. As the new tion or make our voices heard. The region’s that Russia’s creeping intimidation and in- Obama Administration sets its foreign-pol- deeper integration in the EU is of course wel- fluence-peddling in the region could over icy priorities, our region is one part of the come and should not necessarily lead to a time lead to a de facto neutralization of the world that Americans have largely stopped weakening of the transatlantic relationship. region. There are differing views within the worrying about. Indeed, at times we have the The hope was that integration of Central and region when it comes to Moscow’s new poli- impression that U.S. policy was so successful Eastern Europe into the EU would actually cies. But there is a shared view that the full that many American officials have now con- strengthen the strategic cooperation be- engagement of the United States is needed. cluded that our region is fixed once and for tween Europe and America. Many in the region are looking with hope all and that they could ‘‘check the box’’ and However, there is a danger that instead of to the Obama Administration to restore the move on to other more pressing strategic being a pro-Atlantic voice in the EU, support Atlantic relationship as a moral compass for issues. Relations have been so close that for a more global partnership with Wash- their domestic as well as foreign policies. A many on both sides assume that the region’s ington in the region might wane over time. strong commitment to common liberal transatlantic orientation, as well as its sta- The region does not have the tradition of as- democratic values is essential to our coun- bility and prosperity, would last forever. suming a more global role. Some items on tries. We know from our own historical expe- That view is premature. All is not well ei- the transatlantic agenda, such as climate rience the difference between when the ther in our region or in the transatlantic re- change, do not resonate in the Central and United States stood up for its liberal demo- lationship. Central and Eastern Europe is at Eastern European publics to the same extent cratic values and when it did not. Our region a political crossroads and today there is a as they do in Western Europe. suffered when the United States succumbed growing sense of nervousness in the region. Leadership change is also coming in Cen- to ‘‘realism’’ at Yalta. And it benefited when The global economic crisis is impacting on tral and Eastern Europe. Next to those, there the United States used its power to fight for our region and, as elsewhere, runs the risk are fewer and fewer leaders who emerged principle. That was critical during the Cold that our societies will look inward and be from the revolutions of 1989 who experienced War and in opening the doors of NATO. Had less engaged with the outside world. At the Washington’s key role in securing our demo- a ‘‘realist’’ view prevailed in the early 1990s, same time, storm clouds are starting to cratic transition and anchoring our coun- we would not be in NATO today and the idea gather on the foreign policy horizon. Like tries in NATO and EU. A new generation of of a Europe whole, free, and at peace would you, we await the results of the EU Commis- leaders is emerging who do not have these be a distant dream. sion’s investigation on the origins of the memories and follow a more ‘‘realistic’’ pol- We understand the heavy demands on your Russo-Georgian war. But the political im- icy. At the same time, the former Com- Administration and on U.S. foreign policy. It pact of that war on the region has already munist elites, whose insistence on political is not our intent to add to the list of prob- been felt. Many countries were deeply dis- and economic power significantly contrib- lems you face. Rather, we want to help by turbed to see the Atlantic alliance stand by uted to the crises in many CEE countries, being strong Atlanticist allies in a U.S.-Eu- as Russia violated the core principles of the gradually disappear from the political scene. ropean partnership that is a powerful force Helsinki Final Act, the Charter of Paris, and The current political and economic turmoil for good around the world. But we are not the territorial integrity of a country that and the fallout from the global economic cri- certain where our region will be in five or was a member of NATO’s Partnership for sis provide additional opportunities for the ten years time given the domestic and for- Peace and the Euroatlantic Partnership forces of nationalism, extremism, populism, eign policy uncertainties we face. We need to Council—all in the name of defending a and anti-Semitism across the continent but take the right steps now to ensure the strong sphere of influence on its borders. also in some other countries. relationship between the United States and Despite the efforts and significant con- This means that the United States is like- Central and Eastern Europe over the past tribution of the new members, NATO today ly to lose many of its traditional interlocu- twenty years will endure. seems weaker than when we joined. In many tors in the region. The new elites replacing We believe this is a time both the United of our countries it is perceived as less and them may not share the idealism—or have States and Europe need to reinvest in the less relevant—and we feel it. Although we the same relationship to the United States— transatlantic relationship. We also believe this is a time when the United States and are full members, people question whether as the generation who led the democratic Central and Eastern Europe must reconnect NATO would be willing and able to come to transition. They may be more calculating in around a new and forward-looking agenda. our defense in some future crises. Europe’s their support of the United States as well as While recognizing what has been achieved in dependence on Russian energy also creates more parochial in their world view. And in the twenty years since the fall of the Iron concern about the cohesion of the Alliance. Washington a similar transition is taking Curtain, it is time to set a new agenda for President Obama’s remark at the recent place as many of the leaders and personal- close cooperation for the next twenty years NATO summit on the need to provide cred- ities we have worked with and relied on are across the Atlantic. ible defense plans for all Alliance members also leaving politics. Therefore, we propose the following steps: was welcome, but not sufficient to allay And then there is the issue of how to deal First, we are convinced that America needs fears about the Alliance’s defense readiness. with Russia. Our hopes that relations with Europe and that Europe needs the United Our ability to continue to sustain public sup- Russia would improve and that Moscow States as much today as in the past. The port at home for our contributions to Alli- would finally fully accept our complete sov- United States should reaffirm its vocation as ance missions abroad also depends on us ereignty and independence after joining a European power and make clear that it being able to show that our own security NATO and the EU have not been fulfilled. In- plans to stay fully engaged on the continent concerns are being addressed in NATO and stead, Russia is back as a revisionist power even while it faces the pressing challenges in close cooperation with the United States pursuing a 19th-century agenda with 21st- Afghanistan and Pakistan, the wider Middle We must also recognize that America’s century tactics and methods. At a global East, and Asia. For our part we must work popularity and influence have fallen in many level, Russia has become, on most issues, a at home in our own countries and in Europe of our countries as well. Public opinions status-quo power. But at a regional level and more generally to convince our leaders and polls, including the German Marshall Fund’s vis-a-vis our nations, it increasingly acts as societies to adopt a more global perspective own Transatlantic Trends survey, show that a revisionist one. It challenges our claims to and be prepared to shoulder more responsi- our region has not been immune to the wave our own historical experiences. It asserts a bility in partnership with the United States. of criticism and anti-Americanism that has privileged position in determining our secu- Second, we need a renaissance of NATO as swept Europe in recent years and which led rity choices. It uses overt and covert means the most important security link between to a collapse in sympathy and support for of economic warfare, ranging from energy the United States and Europe. It is the only the United States during the Bush years. blockades and politically motivated invest- credible hard power security guarantee we Some leaders in the region have paid a polit- ments to bribery and media manipulation in have. NATO must reconfirm its core function ical price for their support of the unpopular order to advance its interests and to chal- of collective defense even while we adapt to war in Iraq. In the future they may be more lenge the transatlantic orientation of Cen- the new threats of the 21st century. A key careful in taking political risks to support tral and Eastern Europe. factor in our ability to participate in the United States. We believe that the onset We welcome the ‘‘reset’’ of the American- NATO’s expeditionary missions overseas is of a new Administration has created a new Russian relations. As the countries living the belief that we are secure at home. We opening to reverse this trend but it will take closest to Russia, obviously nobody has a must therefore correct some self-inflicted time and work on both sides to make up for greater interest in the development of the wounds from the past. It was a mistake not what we have lost. democracy in Russia and better relations be- to commence with proper Article 5 defense In many ways the EU has become the tween Moscow and the West than we do. But planning for new members after NATO was major factor and institution in our lives. To there is also nervousness in our capitals. We enlarged. NATO needs to make the Alliance’s many people it seems more relevant and im- want to ensure that too narrow an under- commitments credible and provide strategic portant today than the link to the United standing of Western interests does not lead reassurance to all members. This should in- States. To some degree it is a logical out- to the wrong concessions to Russia. Today clude contingency planning, prepositioning come of the integration of Central and East- the concern is, for example, that the United of forces, equipment, and supplies for rein- ern Europe into the EU. Our leaders and offi- States and the major European powers might forcement in our region in case of crisis as

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7864 CONGRESSIONAL RECORD — SENATE July 22, 2009 originally envisioned in the NATO-Russia Sixth, we must not neglect the human fac- former heads of state, top diplomats and in- Founding Act. tor. Our next generations need to get to tellectuals from a broad range of countries, We should also re-think the working of the know each other, too. We have to cherish including Hungary, Bulgaria and Estonia. NATO-Russia Council and return to the prac- and protect the multitude of educational, ‘‘Our region is one part of the world that tice where NATO member countries enter professional, and other networks and friend- Americans have largely stopped worrying into dialogue with Moscow with a coordi- ships that underpin our friendship and alli- about,’’ the letter said, even though ‘‘all is nated position. When it comes to Russia, our ance. The U.S. visa regime remains an obsta- not well either in our region or in the trans- experience has been that a more determined cle in this regard. It is absurd that Poland Atlantic relationship.’’ and principled policy toward Moscow will and Romania—arguably the two biggest and While the letter covered a range of issues, not only strengthen the West’s security but most pro-American states in the CEE region, including the dangers presented to the young will ultimately lead Moscow to follow a which are making substantial contributions democracies in the region by the economic more cooperative policy as well. Further- in Iraq and Afghanistan—have not yet been crisis, Russia was clearly central to the wor- more, the more secure we feel inside NATO, brought into the visa waiver program. It is ries expressed by the drafters. the easier it will also be for our countries to incomprehensible that a critic like the ‘‘There is the fear among Central and East- reach out to engage Moscow on issues of French anti-globalization activist Jose Bove ern Europeans that our interest in keeping common interest. That is the dual track ap- does not require a visa for the United States the trans-Atlantic bond could be somehow proach we need and which should be reflected but former Solidarity activist and Nobel sold out to the relationship with Russia,’’ in the new NATO strategic concept. Peace prizewinner Lech Walesa does. This Alexandr Vondra, a former minister of for- Third, the thorniest issue may well be issue will be resolved only if it is made a po- eign affairs for the Czech Republic, said in a America’s planned missile-defense installa- litical priority by the President of the telephone interview from Washington. tions. Here too, there are different views in United States. Expressing concerns about the growing the region, including among our publics The steps we made together since 1989 are weakness of NATO, the leaders said that Mr. which are divided. Regardless of the military not minor in history. The common successes Obama’s call at the recent NATO summit for merits of this scheme and what Washington are the proper foundation for the trans- ‘‘credible defense plans for all Alliance mem- eventually decides to do, the issue has never- atlantic renaissance we need today. This is bers was welcome, but not sufficient to allay theless also become—at least in some coun- why we believe that we should also consider fears about the Alliance’s defense readiness.’’ tries—a symbol of America’s credibility and the creation of a Legacy Fellowship for As geostrategic interests from Afghanistan commitment to the region. How it is handled young leaders. Twenty years have passed to Iran to North Korea have demanded Rus- could have a significant impact on their fu- since the revolutions of 1989. That is a whole sian logistical or diplomatic assistance, anx- ture transatlantic orientation. The small generation. We need a new generation to iety has risen among the states known col- number of missiles involved cannot be a renew the transatlantic partnership. A new lectively as New Europe. Russia’s invasion of threat to Russia’s strategic capabilities, and program should be launched to identify those Georgia last August only intensified those the Kremlin knows this. We should decide young leaders on both sides of the Atlantic fears, as much through the American re- the future of the program as allies and based who can carry forward the transatlantic sponse as through Russia’s own actions. on the strategic plusses and minuses of the project we have spent the last two decades ‘‘The Georgia war exposed that there is a different technical and political configura- building in Central and Eastern Europe. limit to what the United States will or can tions. The Alliance should not allow the In conclusion, the onset of a new Adminis- do to respond to military conflict in the issue to be determined by unfounded Russian tration in the United States has raised great neighborhood,’’ said Angela E. Stent, who opposition. Abandoning the program entirely hopes in our countries for a transatlantic reserved as the top Russia officer at the United or involving Russia too deeply in it without newal. It is an opportunity we dare not miss. States government’s National Intelligence consulting Poland or the Czech Republic can We, the authors of this letter, know first- Council until 2oo6 and now directs Russian undermine the credibility of the United hand how important the relationship with studies at Georgetown University. States across the whole region. the United States has been. In the 1990s, a She added that the intentions of the ad- Fourth, we know that NATO alone is not large part of getting Europe right was about ministration toward its allies were not yet enough. We also want and need more Europe getting Central and Eastern Europe right. completely clear. ‘‘Until now, we’ve heard a and a better and more strategic U.S.-EU re- The engagement of the United States was Russian policy but not a policy for Russia’s lationship as well. Increasingly our foreign critical to locking in peace and stability neighborhood,’’ Ms. Stent said. policies are carried out through the Euro- from the Baltics to the Black Sea. Today the The economic crisis masked these tensions pean Union—and we support that. We also goal must be to keep Central and Eastern for a while, but the problems never really want a common European foreign and de- Europe right as a stable, activist, and went away in these countries, where Russia fense policy that is open to close cooperation Atlanticist part of our broader community. is seen as ‘‘a revisionist power pursuing a with the United States. We are the advocates That is the key to our success in bringing 19th-century agenda with 21st-century tac- of such a line in the EU. But we need the about the renaissance in the Alliance the tics and methods,’’ according to the letter, United States to rethink its attitude toward Obama Administration has committed itself and where any warming of relations between the EU and engage it much more seriously as to work for and which we support. That will Washington and Moscow raises hackles. Mr. a strategic partner. We need to bring NATO require both sides recommitting to and in- Obama’s trip to Moscow last week did noth- and the EU closer together and make them vesting in this relationship. But if we do it ing to reassure nervous allies in Eastern Eu- work in tandem. We need common NATO and right, the pay off down the road can be very rope. EU strategies not only toward Russia but on real. By taking the right steps now, we can ‘‘We all understand that a deal must come a range of other new strategic challenges. put it on new and solid footing for the fu- with Russia, but we do not believe that a Fifth is energy security. The threat to en- ture. deal can be made at the expense of the secu- ergy supplies can exert an immediate influ- rity interests of the countries of our region [From the New York Times, July 17, 2009] ence on our nations’ political sovereignty or of Georgia and Ukraine,’’ said Eugeniusz also as allies contributing to common deci- EASTERN EUROPE IS UNEASY OVER U.S. TIES Smolar, senior fellow at the Center for Inter- sions in NATO. That is why it must also be- WITH RUSSIA national Relations, a nonprofit, nonpartisan come a transatlantic priority. Although (By Nicholas Kulish) research group in Warsaw. most of the responsibility for energy secu- BERLIN.—The deep concern among Amer- There is also a sense among many analysts rity lies within the realm of the EU, the ica’s Eastern European allies over improved and politicians in the region that the new United States also has a role to play. Absent relations between Russia and the United administration does not understand Russia’s American support, the Baku-Tbilisi-Ceyhan States spilled into the open on Thursday true nature that friendly words from the pipeline would never have been built. Energy when 22 prominent figures, including Po- Russian leadership when Mr. Obama is in security must become an integral part of land’s Lech Walesa and the Czech Republic’s Moscow are just words, while events like the U.S.-European strategic cooperation. Central Vaclav Havel, published an open letter to the murder of a Russian human rights cam- and Eastern European countries should Obama administration begging not to be for- paigner on Wednesday showed the true state lobby harder (and with more unity) inside gotten. of Russia’s civil society. Europe for diversification of the energy mix, In the letter, the leaders urged President The former leaders also warned about suppliers, and transit routes, as well as for Obama and his top policy makers to remem- threats within their own countries and tough legal scrutiny of Russia’s abuse of its ber their interests as they negotiate with across Europe, driven by the economic crisis, monopoly and cartel-like power inside the Russia and review plans for missile defense which had provided ‘‘opportunities for the EU. But American political support on this bases in Poland and the Czech Republic. forces of nationalism, extremism, populism will play a crucial role. Similarly, the Abandoning the missile defense plan or giv- and anti-Semitism,’’ according to the letter. United States can play an important role in ing Russia too big a role in it could ‘‘under- ‘‘Domestically these countries used to be solidifying further its support for the mine the credibility of the United States led by idealistic leaders. That’s still the case Nabucco pipeline, particularly in using its across the whole region,’’ the letter said. in some of these countries, but not all,’’ said security relationship with the main transit The letter was published on the Web site of Kadri Liik, director of the International country, Turkey, as well as the North-South the Polish newspaper Gazeta Wyborcza and Center for Defense Studies in Tallinn, Esto- interconnector of Central Europe and LNG was signed by former presidents, like Mr. nia, who was among the drafters of the let- terminals in our region. Walesa and Mr. Havel, as well as other ter.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7865 [From the Washington Post, July 19, 2009] Army, we should promptly redeploy COMMENDING WOMEN AIRFORCE A LETTER FROM EUROPE—U.S. LEADERSHIP IN from Iraq so that we can focus on the PILOTS THE POST-SOVIET AGE IS NEEDED TO FACE global threat posed by al-Qaida and so Mr. BROWNBACK. Mr. President, NEW CHALLENGES that we can reduce the strain on our today I am honored to recognize an ex- Twenty years have passed since the revolu- troops. Indeed, the Iraqi Government ceptional group of women who served tions that restored freedom to what had been has asked us to remove our troops from in World War II. When their country the captive nations of Central and Eastern Iraqi cities, and as a result many U.S. Europe. That many Americans no longer needed them, they answered the call give much thought to that part of the world servicemembers, including Wisconsin and chartered a bold new course for testifies, in part, to the region’s success. The soldiers, are sitting on their bases with women in the military. Sixty-seven eastward expansion of NATO and the Euro- no mission. years ago, over 1,000 courageous women pean Union helped bring security, stability Mr. REID. Mr. President, I suggest became the first in United States his- and growing prosperity; more important, the the absence of a quorum. tory trained to fly an American mili- countries themselves have nurtured demo- The PRESIDING OFFICER. The tary aircraft. These women are known cratic and free-market institutions that in clerk will call the roll. as the Women Airforce Service Pilots, 1989 would have seemed unreachable. The assistant legislative clerk pro- the WASPs. Today we offer them our Yet an impressive collection of former sincere admiration and deepest thanks. presidents and ministers from the first two ceeded to call the roll. decades of post-communism warn, in a letter Mr. REID. Mr. President, I ask unan- These women came to be known as released last week, that long-lasting success imous consent that the order for the the ‘‘Fly Girls.’’ They were patriots, should not be assumed. ‘‘All is not well ei- quorum call be rescinded. they were pioneers, but above all they ther in our region or in the transatlantic re- The PRESIDING OFFICER. Without were pilots. They flew the same planes lationship,’’ they caution. Since the signato- objection, it is so ordered. as their male counterparts, learned the ries are staunch allies of the United States same skills, and served the same coun- f and of democracy—ranging from Vaclav try. They were among the first to fly Havel and Alexandr Vondra of the Czech Re- ORDER FOR STAR PRINT—S. 1474 the B–26 Martin Marauder and the B–29 public to Lech Walesa and Alexander Mr. REID. Mr. President, I ask unan- Super Fortress. The Fly Girls, how- Kwasniewski of Poland to Vaira Vike- ever, served as civilians rather than as Freiberga of Latvia and Valdas Adamkus of imous consent that S. 1474 be star Lithuania—they merit a hearing. printed with the changes at the desk. members of the Armed Forces. Civilian The global recession has given room to The PRESIDING OFFICER. Without status prevented the Fly Girls from ‘‘nationalism, extremism, populism, and objection, it is so ordered. being recognized with their military anti-Semitism’’ in some of their countries, counterparts. And the 38 brave women f the former leaders acknowledge. At the same who died during their service were not time, they say, ‘‘NATO today seems weaker ORDERS FOR THURSDAY, JULY 23, honored with flag-draped caskets, nor than when we joined’’ while ‘‘Russia is back 2009 could their families hang gold stars in as a revisionist power pursuing a 19th-cen- their windows. tury agenda with 21st-century tactics and Mr. REID. Mr. President, I ask unanimous consent that when the Senate Today we pause to recognize these methods.... The danger is that Russia’s women and their families with an completes its business today, it ad- creeping intimidation and influence-peddling honor that is long overdue and much in the region could over time lead to a de journ until 9:30 a.m. tomorrow, Thurs- deserved. I am proud to have been a co- facto neutralization of the region.’’ day, July 23; that following the prayer sponsor of S. 614, which authorized the In response, they say, the Obama adminis- and pledge, the Journal of proceedings tration should recommit to NATO as a de- awarding of the Congressional Gold be approved to date, the morning hour Medal to the Women Airforce Service fense alliance, not just an expeditionary be deemed expired, the time for the two force with duties in Afghanistan and beyond. Pilots of World War II. This bill sailed It should support pipelines that will dimin- leaders be reserved for their use later through Congress in 3 months and on ish the region’s dependence on Russian oil in the day, and the Senate resume con- July 1, 2009, President Barack Obama and gas. It should take care, as it evaluates sideration of Calendar No. 89, S. 1390, signed Public Law 111–40, granting the planned missile-defense installations in Po- which is the Department of Defense au- highest civilian award to this deserving land and the Czech Republic that Russia op- thorization bill. group of women. poses, to consult closely with the govern- The PRESIDING OFFICER. Without I am particularly proud of the Kansas ments that have the most at stake. It should objection, it is so ordered. invest in relationships with younger genera- women who served in this unique mili- tions that do not remember communism or f tary force. Today we honor all those the struggle against it. PROGRAM Kansas WASPs who have gone before None of this will come as news to Presi- us and recognize the two surviving dent Obama, who has made clear, in Moscow Mr. REID. Mr. President, for the in- Kansas WASPs, Meriem Anderson of and elsewhere, that the United States will formation of all Senators, the filing Eureka, KS, and Marjorie Rees of Prai- not recognize a privileged Russian sphere of deadline for first-degree amendments rie Village, KS. influence in the former Soviet Union or War- to the Defense authorization bill is 1 The WASPs have never asked for our saw Pact. Vice President Biden, who first de- p.m. tomorrow. praise. When Rees was asked how she livered that message for the administration Senators should expect rollcall votes in a speech in Munich in February, presum- felt about being overlooked for so ably will reiterate it during his upcoming throughout the day as we work many years she simply responded, ‘‘We visit to Ukraine and Georgia. The adminis- through amendments to the bill. didn’t resent that we were ignored so tration nonetheless should take the letter to f long. We’ve thought for years how very heart, not as a rebuke but as encouragement. lucky we were to fly those wonderful ORDER FOR ADJOURNMENT Nations clamoring for a stronger U.S rela- airplanes.’’ Her words express a quiet tionship, built on the ideals of freedom and Mr. REID. Mr. President, I ask unan- heroism, and remind us that the no- alliance, are not so numerous that Wash- imous consent that following the re- blest act of sacrifice is the one that ex- ington can afford to take them for granted. marks of Senator DODD, the Senate ad- pects nothing in return. The accom- Mr. FEINGOLD. Mr. President, I journ under the previous order. plishments of these women, and the voted against Senator LIEBERMAN’s The PRESIDING OFFICER. Without manner in which they have continued amendment to immediately authorize objection, it is so ordered. to conduct their lives, is a testament a significant increase in the size of the f to their remarkable character. The Army because I did not believe it was thanks and recognition we offer them MORNING BUSINESS in the best interest of our troops or our today pales in comparison to the gift national security. There is an incred- Mr. REID. Mr. President, I ask unan- they have given us—freedom. ible strain on the force right now, in- imous consent that the Senate proceed Their strength has inspired many cluding multiple deployments and in- to a period of morning business, with other women to also look to the skies. sufficient dwell time, due to our failure Senators permitted to speak for up to MAJ Gina Sabric, an F–16 fighter pilot, to promptly and fully redeploy from 10 minutes each. voiced her appreciation to the WASPs Iraq. Rather than spending billions of The PRESIDING OFFICER. Without when she said, ‘‘Women in aviation has dollars to increase the size of the objection, it is so ordered. definitely been a stepping-

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7866 CONGRESSIONAL RECORD — SENATE July 22, 2009 stone progression, one that the WASPs women the Congressional Gold Medal Turkish Cypriot leader Mehmet Ali started. Without them, it would have and recognize their service here on the Talat. been a longer, tougher road. They set floor of the Senate today. An additional cause for hope came the stage for the rest of us to be able to While five of the other women are no this past April, when the European continue what they started.’’ longer with us, I would like to post- Court of Justice ruled that a judgment On behalf of myself, the State of humously recognize the other women of a court in the Republic of Cyprus Kansas, and the people of this great who joined from South Dakota: Helen must be recognized and enforced by the country, I wish to express my sincerest (Anderson) Severson of Summit, SD, other EU member states even if it con- thanks to all of the WASPs for their who was killed in service during a cerns land situated in the Turkish oc- brave and patriotic service in World flight training accident in 1943; Mar- cupied areas of Cyprus. This ruling War II. We are truly a grateful Nation. jorie (Redding) Christiansen of Mystic, confirms the international right of Mr. THUNE. Mr. President, today I SD; Loes (Monk) MacKenzie of Salem, Greek Cypriots who were forced from recognize Ola Mildred ‘‘Millie’’ Rexroat SD; Laurine Nielsen of Deadwood, SD; their property by the Turkish occupa- and the six other women from South and Maxine (Nolt) Wright DeHaven of tion to seek relief against those who Dakota who served honorably during Sioux Falls, SD. I would also like to later made use of the property ille- World War II as members of the Women recognize Violet (Thurn) Cowden for- gally, providing not only a measure of Airforce Service Pilots, WASPs. merly of Bowdle, SD. justice to those able to pursue such a More than 1,000 women answered the f claim, but providing valuable leverage call and served as pilots during World to the Republic’s government in resolv- 35TH YEAR OF THE DIVISION AND War II. Because WASPs records were ing the overall property issue. OCCUPATION OF CYPRUS classified and archived for over 30 These developments should strength- years, WASPs have been left out of Ms. SNOWE. Mr. President, I rise in en our commitment in Congress to en- much of the documented history of commemoration of a deeply tragic an- suring that the United States stands by World War II. niversary for the Cypriot-American its steadfast ally, the Republic of Cy- On July 1, 2009, legislation was signed community, their friends and relatives prus, to achieve a resolution to the into law that honors the service of in Cyprus, and for the respect of human tragic division of the island that is fair these women with the Congressional rights and international law. Thirty- to Greek Cypriots. As was conclusively Gold Medal, which is given in honor of five years ago this week, the armed demonstrated by the wholly justified outstanding service to the United forces of Turkey violated the sov- rejection of the Annan Plan by Greek States and is one of the nation’s high- ereignty and territory of the Republic Cypriots in 2004, the Cyprus question is est civilian awards. This Congressional of Cyprus by illegally invading and oc- one that can only be resolved through Gold Medal finally gives these women cupying the north of the island state. mutual agreement on a solution, not the honor they deserve. The international community, speak- the imposition of one. In the context of Between 1942 and 1944, the 1,102 ing through resolution after resolution the current talks, that means the women of WASP were trained in Texas, by the United Nations Security Council United States must encourage Turkey and then went on to fly noncombat do- and General Assembly, has since 1974 to give the leader of the Turkish Cyp- mestic military missions so all their called for an end to the division of Cy- riot community the leeway and author- male counterparts could be deployed to prus and the return of refugees to their ity to negotiate a solution that is truly combat. WASPs were required to com- homes. Yet three and a half decades in the interests of the communities on plete the same primary, basic, and ad- later, the military occupation of one the island, rather than seeking to con- vanced training courses as male Army third of our close and consistent ally’s tinue its military presence. Air Corps pilots, and many went on to territory by Turkey remains an intol- The vocal support of the United specialized flight training. By the con- erable reality. States for a fair, freely negotiated out- clusion of the war, WASPs logged 60 There are more than 43,000 Turkish come between the communities is as million miles of flying in every kind of troops on Cyprus—that is approxi- much a moral as it is a geopolitical ne- military aircraft. mately one Turkish soldier for every cessity, given that it is not just the Following the war, the WASPs were two Turkish Cypriots. The occupation, rights of the Greek Cypriot community disbanded and the women pilots paid expropriation, transfer and destruction that are at stake, but our solemn role their own way home without pomp or of Greek Cypriot-owned property in the as a nation that champions human circumstance. Even during the war, the north of the island proceeds unabated. rights and adherence to the rule of law. families of the 38 women who died in Indeed, an estimated 7,000 to 10,000 U.S. I therefore urge my colleagues to join the line of duty were responsible for citizens of Cypriot descent have claims me today in bearing witness to the 35 the costs to transport their bodies and to such properties. So too continues years of injustice wreaked upon the arrange burials. It was not until 1977 the wanton desecration of Greek Or- people of the Republic of Cyprus, and that the WASPs were granted veterans’ thodox churches and religious artifacts in recommitting ourselves to the ur- status. that are not only sacred to hundreds of gent task of fairly and finally reunit- Ms. Rexroat is the last surviving millions of faithful believers, but beau- ing the island. member of the WASPs living in South tiful and historic sites and objects of f Dakota, and she is believed to be the inherent cultural value to all of hu- only female Native American to serve manity. ADDITIONAL STATEMENTS as a member of the WASPs in World Despite a generation of suffering War II. such injustices, the Greek Cypriot Ms. Rexroat spent part of her child- community continues to demonstrate COMMENDING DUDLEY hood living with her grandmother at remarkable magnanimity in seeking a SPOONAMORE Vetal, SD. She graduated from St. fair solution to the division of the is- ∑ Mr. BUNNING. Mr. President, I wish Mary’s Indian High School for Girls in land. Like many Hellenic-Americans, I to congratulate and recognize a distin- Springfield, SD. After college, she applauded Cypriot President Demetris guished Kentuckian, Dudley graduated from WASPs training in the Cristofias’ effort to restart the process Spoonamore, a Boyle County High ‘‘1944–7’’ class on September 8, 1944, at of reuniting the island by directly en- School teacher, who was recently Sweetwater, TX. She then spent 4 gaging the Turkish Cypriot leadership. named the 2009 Kentucky Engineering months towing targets for students be- Although little progress has been made and Technology Education Teacher of hind a T6 plane at Eagle Pass Army toward resolving the most significant the Year. Airfield, TX. issues—most notably the disposition of The Kentucky Engineering and Tech- Ms. Rexroat is 91 years old and still Greek Cypriots’ property and the pres- nology Education Teacher of the Year lives independently in Edgemont, SD. ence of Turkish troops—after 36 meet- award, bestowed by the Kentucky En- Her vivid memories of her service are ings in ten months of direct negotia- gineering and Technology Education inspiring, and I am proud to have co- tions, President Cristofias remains Association Leadership Committee as sponsored the bill to provide these committed to continuing his talks with well as fellow Technology Education

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7867 teachers from across the Common- other Duke legend, Dr. Lenox Baker, Mrs. Cole, one of its reading clerks, an- wealth of Kentucky, is the highest this time in the field of Orthopedics. In nounced that the House has passed the honor given to State educators in the 1970, he volunteered for medical service following bills and joint resolution, in field of technology education. Each in Vietnam, caring for our wounded which it requests the concurrence of year it is awarded to individuals who soldiers. Those who called ‘‘T’’ a friend the Senate: provide exceptional learning opportu- know it was this experience that H.R. 1622. An act to provide for a program nities in the area of technology edu- shaped the character of ‘‘T’’ Moorman, of research, development, and demonstration cation to students and professionals. and it is this service that makes ‘‘T’’ on natural gas vehicles. Students in Mr. Spoonamore’s engi- the true all- American that he was and H.R. 1933. An act to direct the Attorney neering and technology lab are exposed that we honor today. ‘‘T’’ Moorman General to make an annual grant to the A Child is Missing Alert and Recovery Center to an innovative and hands-on ap- continued to serve with our military for 28 years. to assist law enforcement agencies in the proach to teaching engineering design rapid recovery of missing children, and for principles. Building a robot, assem- Upon his return from Vietnam, ‘‘T’’ other purposes. bling electrical circuits, and experi- finished anesthesiology training at H.R. 2632. An act to amend title 4, United Emory, followed by a law degree from menting with CO2 cars in wind tunnels States Code, to encourage the display of the are just an example of what Mr. William and Mary in 1979. He then flag of the United States on National Korean Spoonamore’s students participate in served with the Army Department of War Veterans Armistice Day. H.R. 2729. An act to authorize the designa- each school year. Legal Medicine Armed Forces Institute of Pathology in Washington DC. Before tion of National Environmental Research This month, Mr. Spoonamore will be Parks by the Secretary of Energy, and for honored at the Kentucky Association retiring from the U.S. Army Reserves in 1998, Colonel Moorman commanded other purposes. for Career and Technical Education H. J. Res. 56. Joint resolution approving multiple U.S. Army Reserve units. Ad- Leadership and Learning Conference in the renewal of import restrictions contained ditionally, during this time he opened Louisville, KY. in the Burmese Freedom and Democracy Act anesthesiology centers in Leesburg, Additionally, Mr. Spoonamore is a of 2003, and for other purposes. VA, Stuart, FL, and Port St. Lucie, recipient of this year’s Teacher Excel- The message also announced that the FL. House has agreed to the following con- lence Award by the International Tech- During the last decade of ‘‘T’’s life he nology Education Association, which current resolution, without amend- fulfilled a lifelong dream of farming in ment: was presented to only 39 individuals Washington County, NC. across the United States. By making the choice to serve in the S. Con. Res. 30. Concurrent resolution com- Mr. Spoonamore has proven himself mending the Bureau of Labor Statistics on military during a time of war, a deci- the occasion of its 125th anniversary. to be an exemplary teacher, changing sion which demands and deserves our the way teachers teach and how stu- respect, those in the medical service The message further announced that dents learn. He is an inspiration to the make a choice to help their fellow man the House has agreed to the following citizens of Kentucky and to teachers in the most difficult of situations— concurrent resolution, in which it re- everywhere. I wish him luck on all of combat. ‘‘T’’ showed through action quests the concurrence of the Senate: his future endeavors.∑ part of what comprised his character, H. Con. Res. 123. Concurrent resolution recognizing the historical and national signifi- f morality, and strong passion for helping fellow Americans. Having been an cance of the many contributions of John Wil- REMEMBERING CLAUDE ‘‘T’’ liam Heisman to the sport of football. All American Football player in col- MOORMAN lege, ‘‘T’’ could have played profes- At 2:11 p.m., a message from the ∑ Mr. LUGAR. Mr. President, today, sional football had he chosen that House of Representatives, delivered by Wednesday, July 22, Claude ‘‘T’’ route. Instead, ‘‘T’’ made the most of Mr. Schiff (manager on the part of the Moorman II is being put to rest at Ar- his college career to obtain not only House in the matter of impeachment of lington National Cemetery. ‘‘T’’ was a his undergraduate degree but addition- Samuel B. Kent), announced that it has remarkable scholar, athlete and physi- ally two medical degrees and a law de- agreed to the resolution (H. Res. 661) cian who served his Nation with honor gree. I think that this is an exemplary resolving that the managers on the during the Vietnam war. model of what a college athlete might part of the House of Representatives in Born August 21, 1939, in Roanoke, strive to become. America certainly the impeachment proceedings now VA, ‘‘T’’ grew up in Miami, FL, where benefitted from ‘‘T’’s choices. pending in the Senate against Samuel he excelled in football, receiving both COL Claude ‘‘T’’ Moorman II will be B. Kent, formerly judge of the United remembered and missed by so many of All State and All American honors States District Court for the Southern the soldiers that he mended and friends while playing at Miami High School; District of Texas, are instructed to ap- and family that he humored. He will be ‘‘T’’ was a popular student who was pear before the Senate, sitting as a forever celebrated and his legacy will elected student body president. court of impeachment for those pro- never be forgotten.∑ ‘‘T’’ attended Duke University on a ceedings, and advise the Senate that, football scholarship. He served as a f because Samuel B. Kent is no longer a class officer and played football for leg- MESSAGES FROM THE PRESIDENT civil officer of the United States, the endary coach Bill Murray. ‘‘T’’ caught Messages from the President of the House of Representatives does not de- the much celebrated game winning sire further to urge the articles of im- touchdown in the 1961 Cotton Bowl, and United States were communicated to the Senate by Mrs. Neiman, one of his peachment hitherto filed in the Senate he was elected to the All American against Samuel B. Kent. Team. ‘‘T’’ Moorman is a member of secretaries. Duke University’s Athletic Hall of f f Fame, and in addition he was named EXECUTIVE MESSAGES REFERRED MEASURES REFERRED one of Florida’s All-Time Top 100 Foot- As in executive session the Presiding The following bills were read the first ball Players and Duke’s Top 50 Ath- Officer laid before the Senate messages and the second times by unanimous letes of the Century. from the President of the United consent, and referred as indicated: But athletic prowess is not why we States submitting sundry nominations H.R. 885. An act to elevate the Inspector honor Claude ‘‘T’’ Moorman II today at which were referred to the appropriate General of certain Federal entities to an In- Arlington National Cemetery and here committees. spector General appointed pursuant to sec- in the Senate. It is, of course, for his (The nominations received today are tion 3 of the Inspector General Act of 1978; to service to our Nation that ‘‘T’’ war- printed at the end of the Senate pro- the Committee on Homeland Security and rants our praise and respect. ceedings.) Governmental Affairs. After the cheers of Saturday college H.R. 1622. An act to provide for a program f of research, development, and demonstration football games died down for ‘‘T,’’ he MESSAGES FROM THE HOUSE on natural gas vehicles; to the Committee on continued his education at Duke Uni- Energy and Natural Resources. versity Medical School, completing his At 12:23 p.m., a message from the H.R. 1933. An act to direct the Attorney degree in 1966 and training under an- House of Representatives, delivered by General to make an annual grant to the A

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7868 CONGRESSIONAL RECORD — SENATE July 22, 2009 Child Is Missing Alert and Recovery Center urging Congress to establish an additional *Harry R. Hoglander, of Massachusetts, to to assist law enforcement agencies in the classification for airports; to the Committee be a Member of the National Mediation rapid recovery of missing children, and for on Commerce, Science, and Transportation. Board for a term expiring July 1, 2011. other purposes; to the Committee on the Ju- POM–66. A resolution adopted by the Sen- *Nomination was reported with rec- diciary. ate of the State of Louisiana urging Con- H.R. 2729. An act to authorize the designa- ommendation that it be confirmed sub- gress to establish an additional classifica- ject to the nominee’s commitment to tion of National Environmental Research tion for airports; to the Committee on Com- Parks by the Secretary of Energy, and for merce, Science, and Transportation. respond to requests to appear and tes- other purposes; to the Committee on Energy POM–67. A concurrent resolution adopted tify before any duly constituted com- and Natural Resources. by the Senate of the State of Louisiana urg- mittee of the Senate. The following concurrent resolution ing Congress to enact the Credit Card Ac- f was read, and referred as indicated: countability, Responsibility, and Disclosure INTRODUCTION OF BILLS AND H. Con. Res. 123. Concurrent resolution rec- Act; to the Committee on Commerce, ognizing the historical and national signifi- Science, and Transportation. JOINT RESOLUTIONS cance of the many contributions of John Wil- f The following bills and joint resolu- liam Heisman to the port of football; to the tions were introduced, read the first Committee on the Judiciary. REPORTS OF COMMITTEES and second times by unanimous con- f The following reports of committees sent, and referred as indicated: PETITIONS AND MEMORIALS were submitted: By Mr. LEAHY: S. 1490. A bill to prevent and mitigate iden- The following petitions and memo- By Mrs. FEINSTEIN, from the Select Com- mittee on Intelligence, without amendment: tity theft, to ensure privacy, to provide no- rials were laid before the Senate and S. 1494. An original bill to authorize appro- tice of security breaches, and to enhance were referred or ordered to lie on the priations for fiscal year 2010 for intelligence criminal penalties, law enforcement assist- table as indicated: and intelligence-related activities of the ance, and other protections against security POM–58. A resolution adopted by the Sen- United States Government, the Community breaches, fraudulent access, and misuse of ate of the State of Louisiana urging Con- Management Account, and the Central Intel- personally identifiable information; to the gress to address the escalating electronic ligence Agency Retirement and Disability Committee on the Judiciary. payment interchange rates that merchants System, and for other purposes (Rept. No. By Mr. LEVIN (for himself and Mr. and consumers are assessed; to the Com- 111–55). MCCAIN): mittee on Banking, Housing, and Urban Af- By Mr. LIEBERMAN, from the Committee S. 1491. A bill to amend the Internal Rev- fairs. on Homeland Security and Governmental Af- enue Code of 1986 to provide that corporate POM–59. A concurrent resolution adopted fairs, with amendments: tax benefits based upon stock option com- by the Senate of the State of Louisiana urg- S. 1064. A bill to amend the American Re- pensation expenses be consistent with ac- ing Congress, the Governor of Louisiana, the covery and Reinvestment Act of 2009 to pro- counting expenses shown in corporate finan- Department of Economic Development, the vide for enhanced State and local oversight cial statements for such compensation; to Department of Agriculture and Forestry, and of activities conducted under such Act, and the Committee on Finance. the Public Service Commission, to assist in for other purposes (Rept. No. 111–56). By Mr. REID (for Ms. MIKULSKI (for putting wood to electricity projects on a By Mr. ROCKEFELLER, from the Com- herself, Mr. BOND, Mrs. GILLIBRAND, commensurate funding and taxation level mittee on Commerce, Science, and Transpor- Mr. MENENDEZ, Mr. BURR, and Ms. with wind and solar generated electricity; to tation, with an amendment in the nature of COLLINS)): the Committee on Energy and Natural Re- a substitute: S. 1492. A bill to amend the Public Health sources. S. 601. A bill to establish the Weather Miti- Service Act to fund breakthroughs in Alz- POM–60. A concurrent resolution adopted gation Research Office, and for other pur- heimer’s disease research while providing by the Senate of the State of Louisiana ex- poses (Rept. No. 111–57). more help to caregivers and increasing pub- pressing continued support for the Coastal By Mrs. BOXER, from the Committee on lic education about prevention; to the Com- Restoration and Enhancement Through Environment and Public Works, without mittee on Health, Education, Labor, and Science and Technology Program for its role amendment: Pensions. in providing new research and scientific in- S. 849. A bill to require the Administrator By Mr. MCCONNELL: S. 1493. A bill to designate the current and formation for coastal restoration; to the of the Environmental Protection Agency to future Department of Veterans Affairs Med- Committee on Environment and Public conduct a study on black carbon emissions ical Center in Louisville, Kentucky, as the Works. (Rept. No. 111–58). ‘‘Robley Rex Department of Veterans Affairs POM–61. A concurrent resolution adopted S. 1498. An original bill to provide an ex- Medical Center’’; to the Committee on Vet- by the Senate of the State of Louisiana urg- tension of highway programs authorized erans’ Affairs. ing Congress to enact legislation to adjust under the Safe, Accountable, Flexible, Effi- By Mrs. FEINSTEIN: the Federal Medical Assistance Percentage cient Transportation Equity Act: A Legacy rules to ameliorate the unintended negative S. 1494. An original bill to authorize appro- for Users (Rept. No. 111–59). priations for fiscal year 2010 for intelligence impact caused by the infusion of disaster re- By Mr. DORGAN, from the Committee on lief funding, both in public and private, into and intelligence-related activities of the Indian Affairs, without amendment: United States Government, the Community Louisiana’s and other state’s economies fol- S. 151. A bill to protect Indian arts and lowing major disasters; to the Committee on Management Account, and the Central Intel- crafts through the improvement of applica- ligence Agency Retirement and Disability Finance. ble criminal proceedings, and for other pur- POM–62. A concurrent resolution adopted System, and for other purposes; from the Se- poses. by the Senate of the State of Louisiana af- lect Committee on Intelligence; placed on By Mr. ROCKEFELLER, from the Com- firming Louisiana’s sovereignty under the the calendar. mittee on Commerce, Science, and Transpor- Tenth Amendment to the Constitution of the By Mr. FRANKEN (for himself, Mr. tation, without amendment: United States of America over all powers not ISAKSON, Ms. LANDRIEU, Mr. GRAHAM, S. 1496. An original bill to extend National otherwise enumerated and granted to the Mr. BEGICH, and Mr. BROWN): Highway Traffic Safety Administration and federal government by the Consitution of the S. 1495. A bill to require the Secretary of Federal Motor Carrier Safety Administra- United States of America. Veterans Affairs to carry out a pilot pro- POM–63. A concurrent resolution adopted tion authorizations funded by the Highway gram to assess the feasibility and advis- by the Senate of the State of Louisiana Trust Fund, and for other purposes. ability of using service dogs for the treat- urges Congress to adopt and submit to the f ment or rehabilitation of veterans with states for ratification a proposed amendment physical or mental injuries or disabilities, to the Constitution of the United States to EXECUTIVE REPORTS OF and for other purposes; to the Committee on require a federal balanced budget; to the COMMITTEES Veterans’ Affairs. Committee on the Judiciary. The following executive reports of By Mr. ROCKEFELLER: POM–64. A concurrent resolution adopted S. 1496. An original bill to extend National by the Senate of the State of Louisiana urg- nominations were submitted: Highway Traffic Safety Administration and ing Congress and the Attorney General of By Mr. DODD for Mr. KENNEDY for the Federal Motor Carrier Safety Administra- the United States and the Federal Bureau of Committee on Health, Education, Labor, and tion authorizations funded by the Highway Prisons to refrain from sending detainees re- Pensions. Trust Fund, and for other purposes; from the leased or transferred from the facilities at *Anthony W. Miller, of California, to be Committee on Commerce, Science, and Guantanamo Bay Detention Facility, Cuba Deputy Secretary of Education. Transportation; placed on the calendar. to prisons in Louisiana; to the Committee on *Thelma Melendez de Santa Ana, of Cali- By Ms. CANTWELL (for herself and the Judiciary. fornia, to be Assistant Secretary for Elemen- Mrs. MURRAY): POM–65. A resolution adopted by the House tary and Secondary Education, Department S. 1497. A bill to amend the Internal Rev- of Representatives of the State of Louisiana of Education. enue Code of 1986 to allow tax-exempt bond

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7869 financing for fixed-wing emergency medical ADDITIONAL COSPONSORS S. 1065 aircraft; to the Committee on Finance. At the request of Mr. CASEY, the S. 306 By Mrs. BOXER: names of the Senator from Minnesota S. 1498. An original bill to provide an ex- At the request of Mr. NELSON of Ne- (Ms. KLOBUCHAR) and the Senator from tension of highway programs authorized braska, the name of the Senator from Maryland (Ms. MIKULSKI) were added as under the Safe, Accountable, Flexible, Effi- Illinois (Mr. BURRIS) was added as a co- cosponsors of S. 1065, a bill to authorize cient Transportation Equity Act: A Legacy sponsor of S. 306, a bill to promote State and local governments to direct for Users; from the Committee on Environ- biogas production, and for other pur- divestiture from, and prevent investment and Public Works; placed on the cal- poses. endar. ment in, companies with investments By Mrs. GILLIBRAND: S. 433 of $20,000,000 or more in Iran’s energy S. 1499. A bill to amend the Richard B. Rus- At the request of Mr. UDALL of New sector, and for other purposes. sell National School Lunch Act to expand Mexico, the name of the Senator from S. 1067 eligibility for free school meals to certain Colorado (Mr. BENNET) was added as a families in areas with greater than fair mar- At the request of Mr. FEINGOLD, the cosponsor of S. 433, a bill to amend the name of the Senator from Kansas (Mr. ket rent; to the Committee on Agriculture, Public Utility Regulatory Policies Act Nutrition, and Forestry. ROBERTS) was added as a cosponsor of By Mrs. GILLIBRAND: of 1978 to establish a renewable elec- S. 1067, a bill to support stabilization S. 1500. A bill to amend the Richard B. Rus- tricity standard, and for other pur- and lasting peace in northern Uganda sell National School Lunch Act to prohibit poses. and areas affected by the Lord’s Resist- schools that participate in the Federal S. 632 ance Army through development of a school meal programs from serving foods At the request of Mr. BAUCUS, the regional strategy to support multilat- that contain trans fats derived from par- name of the Senator from Nebraska tially hydrogenated oils; to the Committee eral efforts to successfully protect ci- on Agriculture, Nutrition, and Forestry. (Mr. JOHANNS) was added as a cospon- vilians and eliminate the threat posed By Mrs. MURRAY (for herself, Mr. sor of S. 632, a bill to amend the Inter- by the Lord’s Resistance Army and to CRAPO, and Ms. CANTWELL): nal Revenue Code of 1986 to require authorize funds for humanitarian relief S. 1501. A bill to provide a Federal tax ex- that the payment of the manufactur- and reconstruction, reconciliation, and emption for forest conservation bonds, and ers’ excise tax on recreational equip- transitional justice, and for other pur- for other purposes; to the Committee on Fi- ment be paid quarterly. poses. nance. S. 726 S. 1112 By Mr. CASEY (for himself and Mr. ODD ENZI): At the request of Mr. SCHUMER, the At the request of Mr. D , the name S. 1502. A bill to establish a program to be name of the Senator from Arkansas of the Senator from Delaware (Mr. managed by the Department of Energy to en- (Mrs. LINCOLN) was added as a cospon- CARPER) was added as a cosponsor of S. sure prompt and orderly compensation for sor of S. 726, a bill to amend the Public 1112, a bill to make effective the pro- potential damages relating to the storage of Health Service Act to provide for the posed rule of the Food and Drug Ad- carbon dioxide in geological storage units; to licensing of biosimilar and biogeneric ministration relating to sunscreen the Committee on Energy and Natural Re- biological products, and for other pur- drug products, and for other purposes. sources. S. 1273 By Mrs. GILLIBRAND: poses. S. 1503. A bill to establish grants to provide S. 781 At the request of Mr. DORGAN, the health services for improved nutrition, in- At the request of Mr. ROBERTS, the names of the Senator from New Mexico creased physical activity, obesity and eating name of the Senator from Maine (Ms. (Mr. UDALL) and the Senator from disorder prevention, and for other purposes; COLLINS) was added as a cosponsor of S. North Dakota (Mr. CONRAD) were added to the Committee on Health, Education, 781, a bill to amend the Internal Rev- as cosponsors of S. 1273, a bill to amend Labor, and Pensions. enue Code of 1986 to provide for colle- the Public Health Service Act to pro- By Mr. SPECTER: vide for the establishment of perma- S. 1504. A bill to provide that Federal giate housing and infrastructure courts shall not dismiss complaints under grants. nent national surveillance systems for multiple sclerosis, Parkinson’s disease, rule 12(b)(6) or (e) of the Federal Rules of S. 796 and other neurological diseases and Civil Procedure, except under the standards At the request of Mr. BINGAMAN, the disorders. set forth by the Supreme Court of the United name of the Senator from Oregon (Mr. States in Conley v. Gibson, 355 U.S. 41 (1957); S. 1280 to the Committee on the Judiciary. WYDEN) was added as a cosponsor of S. 796, a bill to modify the requirements At the request of Mr. CORKER, the f name of the Senator from Minnesota applicable to locatable minerals on (Ms. KLOBUCHAR) was added as a co- SUBMISSION OF CONCURRENT AND public domain land, and for other pur- sponsor of S. 1280, a bill to authorize SENATE RESOLUTIONS poses. the Secretary of the Treasury to dele- The following concurrent resolutions S. 827 gate management authority over trou- and Senate resolutions were read, and At the request of Mr. ROCKEFELLER, bled assets purchased under the Trou- referred (or acted upon), as indicated: the name of the Senator from Cali- bled Asset Relief Program, to require By Mr. FEINGOLD (for himself, Ms. fornia (Mrs. FEINSTEIN) was added as a the establishment of a trust to manage COLLINS, Mr. DORGAN, and Mr. cosponsor of S. 827, a bill to establish a assets of certain designated TARP re- CRAPO): program to reunite bondholders with cipients, and for other purposes. S. Res. 220. A resolution supporting the matured unredeemed United States S. 1352 designation of September as ‘‘National savings bonds. Atrial Fibrillation Awareness Month’’ and At the request of Mr. DODD, the name encouraging efforts to educate the public S. 908 of the Senator from Massachusetts about atrial fibrillation; to the Committee At the request of Mr. BAYH, the name (Mr. KENNEDY) was added as a cospon- on Health, Education, Labor, and Pensions. of the Senator from New Jersey (Mr. sor of S. 1352, a bill to provide for the By Mr. REID (for himself, Mrs. FEIN- LAUTENBERG) was added as a cosponsor expansion of Federal efforts concerning STEIN, and Mr. ENSIGN): of S. 908, a bill to amend the Iran Sanc- the prevention, education, treatment, S. Res. 221. A resolution expressing support tions Act of 1996 to enhance United and research activities related to Lyme for the goals and ideals of the first annual States diplomatic efforts with respect National Wild Horse and Burro Adoption Day and other tick-borne diseases, includ- taking place on September 26, 2009; to the to Iran by expanding economic sanc- ing the establishment of a Tick-Borne Committee on Energy and Natural Re- tions against Iran. Diseases Advisory Committee. sources. S. 1039 S. 1402 By Mr. BURRIS: At the request of Mr. KERRY, the At the request of Mr. MERKLEY, the S. Con. Res. 34. A concurrent resolution ex- name of the Senator from New York name of the Senator from Mississippi pressing the sense of Congress that a com- (Mr. SCHUMER) was added as a cospon- (Mr. COCHRAN) was added as a cospon- memorative postage stamp should be issued to honor the crew of the USS Mason DE–529 sor of S. 1039, a bill to provide grants sor of S. 1402, a bill to amend the Inter- who fought and served during World War II; for the renovation, modernization or nal Revenue Code of 1986 to increase to the Committee on Homeland Security and construction of law enforcement facili- the amount allowed as a deduction for Governmental Affairs. ties. start-up expenditures.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7870 CONGRESSIONAL RECORD — SENATE July 22, 2009 S. 1415 to continue to offer accessible, afford- AMENDMENT NO. 1538 At the request of Mr. SCHUMER, the able, and continuous care to their cur- At the request of Mr. UDALL of New names of the Senator from Massachu- rent patients and to every American Mexico, the name of the Senator from setts (Mr. KERRY), the Senator from who lacks access to preventive and pri- Ohio (Mr. BROWN) was added as a co- Iowa (Mr. GRASSLEY), the Senator from mary care services. sponsor of amendment No. 1538 in- New Hampshire (Mr. GREGG), the Sen- S. CON. RES. 33 tended to be proposed to S. 1390, an ator from Nebraska (Mr. JOHANNS), the At the request of Mr. BURRIS, the original bill to authorize appropria- Senator from Rhode Island (Mr. name of the Senator from Illinois (Mr. tions for fiscal year 2010 for military WHITEHOUSE), the Senator from South DURBIN) was added as a cosponsor of S. activities of the Department of De- Carolina (Mr. DEMINT), the Senator Con. Res. 33, a concurrent resolution fense, for military construction, and from Oklahoma (Mr. COBURN), the Sen- expressing the sense of Congress that a for defense activities of the Depart- ator from Indiana (Mr. LUGAR), the commemorative postage stamp should ment of Energy, to prescribe military Senator from Alaska (Ms. MURKOWSKI), be issued to honor the crew of the USS personnel strengths for such fiscal the Senator from Montana (Mr. TEST- Mason DE–529 who fought and served year, and for other purposes. ER), the Senator from Idaho (Mr. during World War II. AMENDMENT NO. 1543 CRAPO) and the Senator from Delaware ISCH S. RES. 71 At the request of Mr. R , the (Mr. KAUFMAN) were added as cospon- name of the Senator from Missouri At the request of Mr. WYDEN, the sors of S. 1415, a bill to amend the Uni- (Mr. BOND) was added as a cosponsor of name of the Senator from Washington formed and Overseas Citizens Absentee amendment No. 1543 intended to be pro- (Mrs. MURRAY) was added as a cospon- Voting Act to ensure that absent uni- posed to S. 1390, an original bill to au- sor of S. Res. 71, a resolution con- formed services voters and overseas thorize appropriations for fiscal year demning the Government of Iran for its voters are aware of their voting rights 2010 for military activities of the De- state-sponsored persecution of the and have a genuine opportunity to reg- partment of Defense, for military con- Baha’i minority in Iran and its contin- ister to vote and have their absentee struction, and for defense activities of ued violation of the International Cov- ballots cast and counted, and for other the Department of Energy, to prescribe enants on Human Rights. purposes. military personnel strengths for such S. RES. 200 S. 1442 fiscal year, and for other purposes. DALL At the request of Mr. BINGAMAN, the At the request of Mr. U of Colo- AMENDMENT NO. 1554 name of the Senator from California rado, the name of the Senator from At the request of Mr. BURR, the name (Mrs. FEINSTEIN) was added as a co- Georgia (Mr. CHAMBLISS) was added as of the Senator from Alaska (Mr. sponsor of S. 1442, a bill to amend the a cosponsor of S. Res. 200, a resolution BEGICH) was added as a cosponsor of Public Lands Corps Act of 1993 to ex- designating September 12, 2009, as ‘‘Na- amendment No. 1554 intended to be pro- pand the authorization of the Secre- tional Childhood Cancer Awareness posed to S. 1390, an original bill to au- taries of Agriculture, Commerce, and Day’’. thorize appropriations for fiscal year the Interior to provide service-learning AMENDMENT NO. 1478 2010 for military activities of the De- opportunities on public lands, establish At the request of Mr. REID, the name partment of Defense, for military con- a grant program for Indian Youth Serv- of the Senator from New Jersey (Mr. struction, and for defense activities of ice Corps, help restore the Nation’s LAUTENBERG) was added as a cosponsor the Department of Energy, to prescribe natural, cultural, historic, archae- of amendment No. 1478 intended to be military personnel strengths for such ological, recreational, and scenic re- proposed to S. 1390, an original bill to fiscal year, and for other purposes. sources, train a new generation of pub- authorize appropriations for fiscal year AMENDMENT NO. 1601 lic land managers and enthusiasts, and 2010 for military activities of the De- At the request of Mr. NELSON of Ne- promote the value of public service. partment of Defense, for military con- braska, the name of the Senator from S.J. RES. 17 struction, and for defense activities of Oklahoma (Mr. COBURN) was added as a At the request of Mr. MCCONNELL, the Department of Energy, to prescribe cosponsor of amendment No. 1601 in- the name of the Senator from Nebraska military personnel strengths for such tended to be proposed to S. 1390, an (Mr. JOHANNS) was added as a cospon- fiscal year, and for other purposes. original bill to authorize appropria- sor of S.J. Res. 17, a joint resolution AMENDMENT NO. 1501 tions for fiscal year 2010 for military approving the renewal of import re- At the request of Mr. BOND, the activities of the Department of De- strictions contained in the Burmese names of the Senator from Iowa (Mr. fense, for military construction, and Freedom and Democracy Act of 2003, GRASSLEY), the Senator from Kansas for defense activities of the Depart- and for other purposes. (Mr. ROBERTS) and the Senator from ment of Energy, to prescribe military At the request of Mrs. FEINSTEIN, the New Jersey (Mr. LAUTENBERG) were personnel strengths for such fiscal names of the Senator from New York added as cosponsors of amendment No. year, and for other purposes. (Mrs. GILLIBRAND) and the Senator 1501 intended to be proposed to S. 1390, AMENDMENT NO. 1618 from New Hampshire (Mrs. SHAHEEN) an original bill to authorize appropria- At the request of Mr. THUNE, the were added as cosponsors of S.J. Res. tions for fiscal year 2010 for military names of the Senator from Arizona 17, supra. activities of the Department of De- (Mr. MCCAIN), the Senator from Ken- S. CON. RES. 14 fense, for military construction, and tucky (Mr. BUNNING) and the Senator At the request of Mrs. LINCOLN, the for defense activities of the Depart- from Georgia (Mr. CHAMBLISS) were name of the Senator from Georgia (Mr. ment of Energy, to prescribe military added as cosponsors of amendment No. ISAKSON) was added as a cosponsor of S. personnel strengths for such fiscal 1618 proposed to S. 1390, an original bill Con. Res. 14, a concurrent resolution year, and for other purposes. to authorize appropriations for fiscal supporting the Local Radio Freedom AMENDMENT NO. 1514 year 2010 for military activities of the Act. At the request of Mr. SANDERS, the Department of Defense, for military S. CON. RES. 25 name of the Senator from Maryland construction, and for defense activities At the request of Mr. MENENDEZ, the (Ms. MIKULSKI) was added as a cospon- of the Department of Energy, to pre- names of the Senator from South Da- sor of amendment No. 1514 intended to scribe military personnel strengths for kota (Mr. JOHNSON) and the Senator be proposed to S. 1390, an original bill such fiscal year, and for other pur- from Nebraska (Mr. NELSON) were to authorize appropriations for fiscal poses. added as cosponsors of S. Con. Res. 25, year 2010 for military activities of the AMENDMENT NO. 1620 a concurrent resolution recognizing the Department of Defense, for military At the request of Ms. LANDRIEU, the value and benefits that community construction, and for defense activities name of the Senator from Maine (Ms. health centers provide as health care of the Department of Energy, to pre- SNOWE) was added as a cosponsor of homes for over 18,000,000 individuals, scribe military personnel strengths for amendment No. 1620 intended to be pro- and the importance of enabling health such fiscal year, and for other pur- posed to S. 1390, an original bill to au- centers and other safety net providers poses. thorize appropriations for fiscal year

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7871 2010 for military activities of the De- authorize appropriations for fiscal year AMENDMENT NO. 1677 partment of Defense, for military con- 2010 for military activities of the De- At the request of Mr. BEGICH, the struction, and for defense activities of partment of Defense, for military con- name of the Senator from Alaska (Ms. the Department of Energy, to prescribe struction, and for defense activities of MURKOWSKI) was added as a cosponsor military personnel strengths for such the Department of Energy, to prescribe of amendment No. 1677 proposed to S. fiscal year, and for other purposes. military personnel strengths for such 1390, an original bill to authorize ap- AMENDMENT NO. 1627 fiscal year, and for other purposes. propriations for fiscal year 2010 for At the request of Mr. LIEBERMAN, the AMENDMENT NO. 1653 military activities of the Department name of the Senator from New York At the request of Mr. CORNYN, the of Defense, for military construction, (Mr. SCHUMER) was added as a cospon- names of the Senator from Connecticut and for defense activities of the De- sor of amendment No. 1627 intended to (Mr. LIEBERMAN) and the Senator from partment of Energy, to prescribe mili- be proposed to S. 1390, an original bill Nebraska (Mr. JOHANNS) were added as tary personnel strengths for such fiscal to authorize appropriations for fiscal cosponsors of amendment No. 1653 in- year, and for other purposes. year 2010 for military activities of the tended to be proposed to S. 1390, an f Department of Defense, for military original bill to authorize appropriations for fiscal year 2010 for military STATEMENTS ON INTRODUCED construction, and for defense activities BILLS AND JOINT RESOLUTIONS of the Department of Energy, to pre- activities of the Department of De- scribe military personnel strengths for fense, for military construction, and By Mr. LEAHY: such fiscal year, and for other pur- for defense activities of the Depart- S. 1490. A bill to prevent and mitigate poses. ment of Energy, to prescribe military identity theft, to ensure privacy, to provide notice of security breaches, AMENDMENT NO. 1628 personnel strengths for such fiscal and to enhance criminal penalties, law At the request of Mr. CARDIN, his year, and for other purposes. name was added as a cosponsor of AMENDMENT NO. 1659 enforcement assistance, and other pro- amendment No. 1628 proposed to S. At the request of Mr. SANDERS, the tections against security breaches, 1390, an original bill to authorize ap- name of the Senator from Maryland fraudulent access, and misuse of per- propriations for fiscal year 2010 for (Ms. MIKULSKI) was added as a cospon- sonally identifiable information; to the military activities of the Department sor of amendment No. 1659 intended to Committee on the Judiciary. of Defense, for military construction, be proposed to S. 1390, an original bill Mr. LEAHY. Mr. President, today, I and for defense activities of the De- to authorize appropriations for fiscal am pleased to reintroduce the Personal partment of Energy, to prescribe mili- year 2010 for military activities of the Data Privacy and Security Act. The retary personnel strengths for such fiscal Department of Defense, for military cent and troubling cyber attack on year, and for other purposes. construction, and for defense activities U.S. Government computers is clear of the Department of Energy, to pre- evidence that developing a comprehen- AMENDMENT NO. 1633 scribe military personnel strengths for sive national strategy for data privacy At the request of Mr. GRAHAM, the such fiscal year, and for other pur- and cybersecurity is one of the most name of the Senator from Georgia (Mr. poses. challenging and important issues fac- CHAMBLISS) was added as a cosponsor of AMENDMENT NO. 1661 ing our nation. The Personal Data Pri- amendment No. 1633 intended to be pro- At the request of Mr. KERRY, the vacy and Security Act will help to posed to S. 1390, an original bill to au- names of the Senator from Rhode Is- meet this challenge, by better pro- thorize appropriations for fiscal year land (Mr. WHITEHOUSE) and the Senator tecting Americans from the growing 2010 for military activities of the De- from New Jersey (Mr. LAUTENBERG) threats of data breaches and identity partment of Defense, for military con- were added as cosponsors of amend- theft. struction, and for defense activities of ment No. 1661 intended to be proposed When Senator SPECTER and I first in- the Department of Energy, to prescribe to S. 1390, an original bill to authorize troduced this bill 4 years ago, we had military personnel strengths for such appropriations for fiscal year 2010 for high hopes of bringing urgently needed fiscal year, and for other purposes. military activities of the Department data privacy reforms to the American AMENDMENT NO. 1634 of Defense, for military construction, people. Although the Judiciary Com- At the request of Mr. MCCAIN, the and for defense activities of the De- mittee favorably reported this bill name of the Senator from Texas (Mrs. partment of Energy, to prescribe mili- twice, in 2005 and again in 2007, the leg- HUTCHISON) was added as a cosponsor of tary personnel strengths for such fiscal islation languished on the Senate cal- amendment No. 1634 proposed to S. year, and for other purposes. endar and the Senate adjourned with- 1390, an original bill to authorize ap- AMENDMENT NO. 1670 out passing comprehensive data pri- propriations for fiscal year 2010 for At the request of Mr. MENENDEZ, the vacy legislation. military activities of the Department name of the Senator from Massachu- While the Congress has waited to act, of Defense, for military construction, setts (Mr. KERRY) was added as a co- the dangers to our privacy, economic and for defense activities of the De- sponsor of amendment No. 1670 in- prosperity and national security posed partment of Energy, to prescribe mili- tended to be proposed to S. 1390, an by data breaches have not gone away. tary personnel strengths for such fiscal original bill to authorize appropria- Just this week, the Government Ac- year, and for other purposes. tions for fiscal year 2010 for military countability Office released a report AMENDMENT NO. 1636 activities of the Department of De- finding that almost all of our major At the request of Mr. INOUYE, the fense, for military construction, and federal agencies have systemic weak- name of the Senator from Hawaii (Mr. for defense activities of the Depart- nesses in the information security con- AKAKA) was added as a cosponsor of ment of Energy, to prescribe military trols. According to the Privacy Rights amendment No. 1636 proposed to S. personnel strengths for such fiscal Clearinghouse, more than 250 million 1390, an original bill to authorize ap- year, and for other purposes. records containing sensitive personal propriations for fiscal year 2010 for AMENDMENT NO. 1676 information have been involved in data military activities of the Department At the request of Mr. BEGICH, the security breaches since 2005. of Defense, for military construction, name of the Senator from Alaska (Ms. This loss of privacy is not just a and for defense activities of the De- MURKOWSKI) was added as a cosponsor grave concern for American consumers; partment of Energy, to prescribe mili- of amendment No. 1676 proposed to S. it is also a serious threat to the eco- tary personnel strengths for such fiscal 1390, an original bill to authorize ap- nomic security of American businesses. year, and for other purposes. propriations for fiscal year 2010 for The President’s recent report on Cyber- AMENDMENT NO. 1644 military activities of the Department space Policy Review noted that indus- At the request of Mr. BROWNBACK, the of Defense, for military construction, try estimates of losses from intellec- name of the Senator from Nebraska and for defense activities of the De- tual property to data theft in 2008 (Mr. NELSON) was added as a cosponsor partment of Energy, to prescribe mili- range as high as $1 trillion. of amendment No. 1644 intended to be tary personnel strengths for such fiscal The FBI’s Internet Fraud Complaint proposed to S. 1390, an original bill to year, and for other purposes. Center also recently reported that

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7872 CONGRESSIONAL RECORD — SENATE July 22, 2009 complaints of Internet fraud increased S. 1490 SEC. 2. FINDINGS. by 33 percent in 2008. These troubling Be it enacted by the Senate and House of Rep- Congress finds that— reports are all compelling examples of resentatives of the United States of America in (1) databases of personally identifiable in- why we need to promptly pass the Per- Congress assembled, formation are increasingly prime targets of sonal Data Privacy and Security Act. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. hackers, identity thieves, rogue employees, Earlier this year, the Judiciary Com- (a) SHORT TITLE.—This Act may be cited as and other criminals, including organized and mittee held an important hearing on the ‘‘Personal Data Privacy and Security sophisticated criminal operations; the privacy risks associated with elec- Act of 2009’’. (2) identity theft is a serious threat to the (b) TABLE OF CONTENTS.—The table of con- Nation’s economic stability, homeland secu- tronic health records as the Nation tents of this Act is as follows: rity, the development of e-commerce, and moves towards a national health IT Sec. 1. Short title; table of contents. the privacy rights of Americans; system. I am pleased that many of the Sec. 2. Findings. (3) over 9,300,000 individuals were victims privacy principles developed during Sec. 3. Definitions. of identity theft in America last year; that hearing have been enacted as part TITLE I—ENHANCING PUNISHMENT FOR (4) security breaches are a serious threat of the President’s economic recovery IDENTITY THEFT AND OTHER VIOLA- to consumer confidence, homeland security, package. TIONS OF DATA PRIVACY AND SECU- e-commerce, and economic stability; The Personal Data Privacy and Secu- RITY (5) it is important for business entities rity Act requires that data brokers let Sec. 101. Organized criminal activity in con- that own, use, or license personally identifi- consumers know what sensitive per- nection with unauthorized ac- able information to adopt reasonable procedures to ensure the security, privacy, and sonal information they have about cess to personally identifiable information. confidentiality of that personally identifi- them, and to allow individuals to cor- able information; rect inaccurate information. The bill Sec. 102. Concealment of security breaches involving sensitive personally (6) individuals whose personal information also requires that companies that have identifiable information. has been compromised or who have been vic- databases with sensitive personal infor- Sec. 103. Review and amendment of Federal tims of identity theft should receive the nec- mation on Americans establish and im- sentencing guidelines related to essary information and assistance to miti- plement data privacy and security pro- fraudulent access to or misuse gate their damages and to restore the integ- grams. of digitized or electronic per- rity of their personal information and identi- In addition, the bill requires notice sonally identifiable informa- ties; tion. (7) data brokers have assumed a significant when sensitive personal information role in providing identification, authentica- has been compromised. This bill also Sec. 104. Effects of identity theft on bankruptcy proceedings. tion, and screening services, and related data provides for tough criminal penalties TITLE II—DATA BROKERS collection and analyses for commercial, non- for anyone who would intentionally profit, and government operations; and willfully conceal the fact that a Sec. 201. Transparency and accuracy of data (8) data misuse and use of inaccurate data collection. have the potential to cause serious or irrep- data breach has occurred when the Sec. 202. Enforcement. arable harm to an individual’s livelihood, breach causes economic damage to con- Sec. 203. Relation to State laws. privacy, and liberty and undermine efficient sumers. Finally, the bill addresses the Sec. 204. Effective date. important issue of the government’s and effective business and government oper- TITLE III—PRIVACY AND SECURITY OF ations; use of personal data by requiring that PERSONALLY IDENTIFIABLE INFOR- (9) there is a need to insure that data bro- federal agencies notify affected individ- MATION kers conduct their operations in a manner uals when government data breaches Subtitle A—A Data Privacy and Security that prioritizes fairness, transparency, accu- occur, and placing privacy and security Program racy, and respect for the privacy of confront and center when federal agencies Sec. 301. Purpose and applicability of data sumers; evaluate whether data brokers can be privacy and security program. (10) government access to commercial data trusted with government contracts Sec. 302. Requirements for a personal data can potentially improve safety, law enforce- that involve sensitive information privacy and security program. ment, and national security; and about the American people. Sec. 303. Enforcement. (11) because government use of commercial Sec. 304. Relation to other laws. data containing personal information poten- Of course, Senator SPECTER and I Subtitle B—Security Breach Notification tially affects individual privacy, and law en- have no monopoly on good ideas to forcement and national security operations, Sec. 311. Notice to individuals. solve the serious problems of identity there is a need for Congress to exercise over- theft and lax cybersecurity. But, we Sec. 312. Exemptions. Sec. 313. Methods of notice. sight over government use of commercial have put forth some meaningful solu- Sec. 314. Content of notification. data. tions to this problem in this bill. Sec. 315. Coordination of notification with SEC. 3. DEFINITIONS. We have drafted this bill after long credit reporting agencies. and thoughtful consultation with many Sec. 316. Notice to law enforcement. In this Act, the following definitions shall of the stakeholders on this issue, in- Sec. 317. Enforcement. apply: cluding the privacy, consumer protec- Sec. 318. Enforcement by State attorneys (1) AGENCY.—The term ‘‘agency’’ has the tion and business communities. We general. same meaning given such term in section 551 of title 5, United States Code. have also worked closely with other Sec. 319. Effect on Federal and State law. Sec. 320. Authorization of appropriations. (2) AFFILIATE.—The term ‘‘affiliate’’ means Senators, including Senators FEIN- Sec. 321. Reporting on risk assessment ex- persons related by common ownership or by STEIN, FEINGOLD, and SCHUMER. emptions. corporate control. This is a comprehensive bill that not Sec. 322. Effective date. (3) BUSINESS ENTITY.—The term ‘‘business only deals with the need to provide Subtitle C—Office of Federal Identity entity’’ means any organization, corpora- Americans with notice when they have Protection tion, trust, partnership, sole proprietorship, been victims of a data breach, but that unincorporated association, or venture es- Sec. 331. Office of Federal Identity Protec- tablished to make a profit, or nonprofit. also deals with the underlying problem tion. of lax security and lack of account- (4) IDENTITY THEFT.—The term ‘‘identity TITLE IV—GOVERNMENT ACCESS TO theft’’ means a violation of section 1028 of ability to help prevent data breaches AND USE OF COMMERCIAL DATA title 18, United States Code. from occurring in the first place. Pass- Sec. 401. General services administration re- (5) DATA BROKER.—The term ‘‘data broker’’ ing this comprehensive data privacy view of contracts. means a business entity which for monetary legislation is one of my highest legisla- Sec. 402. Requirement to audit information fees or dues regularly engages in the practice tive priorities as Chairman of the Judi- security practices of contrac- of collecting, transmitting, or providing ac- ciary Committee, and I hope all Sen- tors and third party business cess to sensitive personally identifiable in- ators will support this measure. entities. formation on more than 5,000 individuals Mr. President, I ask unanimous con- Sec. 403. Privacy impact assessment of gov- who are not the customers or employees of ernment use of commercial in- that business entity or affiliate primarily for sent that the text of the bill be printed formation services containing the purposes of providing such information in the RECORD. personally identifiable informa- to nonaffiliated third parties on an inter- There being no objection, the text of tion. state basis. the bill was ordered to be printed in Sec. 404. Implementation of chief privacy of- (6) DATA FURNISHER.—The term ‘‘data fur- the RECORD, as follows: ficer requirements. nisher’’ means any agency, organization,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7873 corporation, trust, partnership, sole propri- (iii) Unique biometric data such as a finger its authority under section 994 of title 28, etorship, unincorporated association, or non- print, voice print, a retina or iris image, or United States Code, and in accordance with profit that serves as a source of information any other unique physical representation. this section, shall review and, if appropriate, for a data broker. (iv) A unique account identifier, electronic amend the Federal sentencing guidelines (in- (7) ENCRYPTION.—The term ‘‘encryption’’— identification number, user name, or routing cluding its policy statements) applicable to (A) means the protection of data in elec- code in combination with any associated se- persons convicted of using fraud to access, or tronic form, in storage or in transit, using an curity code, access code, or password that is misuse of, digitized or electronic personally encryption technology that has been adopted required for an individual to obtain money, identifiable information, including identity by an established standards setting body goods, services, or any other thing of value; theft or any offense under— which renders such data indecipherable in or (1) sections 1028, 1028A, 1030, 1030A, 2511, the absence of associated cryptographic keys (B) a financial account number or credit or and 2701 of title 18, United States Code; and necessary to enable decryption of such data; debit card number in combination with any (2) any other relevant provision. and security code, access code, or password that (b) REQUIREMENTS.—In carrying out the re- (B) includes appropriate management and is required for an individual to obtain credit, quirements of this section, the United States safeguards of such cryptographic keys so as withdraw funds, or engage in a financial Sentencing Commission shall— to protect the integrity of the encryption. transaction. (1) ensure that the Federal sentencing (8) PERSONAL ELECTRONIC RECORD.— TITLE I—ENHANCING PUNISHMENT FOR guidelines (including its policy statements) (A) IN GENERAL.—The term ‘‘personal elec- IDENTITY THEFT AND OTHER VIOLA- reflect— tronic record’’ means data associated with TIONS OF DATA PRIVACY AND SECURITY (A) the serious nature of the offenses and an individual contained in a database, penalties referred to in this Act; networked or integrated databases, or other SEC. 101. ORGANIZED CRIMINAL ACTIVITY IN (B) the growing incidences of theft and data system that is provided to nonaffiliated CONNECTION WITH UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFI- misuse of digitized or electronic personally third parties and includes sensitive person- ABLE INFORMATION. identifiable information, including identity ally identifiable information about that indi- Section 1961(1) of title 18, United States vidual. theft; and Code, is amended by inserting ‘‘section (C) the need to deter, prevent, and punish (B) EXCLUSIONS.—The term ‘‘personal elec- 1030(a)(2)(D) (relating to fraud and related tronic record’’ does not include— such offenses; activity in connection with unauthorized ac- (i) any data related to an individual’s past (2) consider the extent to which the Fed- cess to sensitive personally identifiable in- purchases of consumer goods; or eral sentencing guidelines (including its pol- formation as defined in the Personal Data (ii) any proprietary assessment or evalua- icy statements) adequately address viola- Privacy and Security Act of 2009,’’ before tion of an individual or any proprietary as- tions of the sections amended by this Act ‘‘section 1084’’. sessment or evaluation of information about to— an individual. SEC. 102. CONCEALMENT OF SECURITY (A) sufficiently deter and punish such of- BREACHES INVOLVING SENSITIVE (9) PERSONALLY IDENTIFIABLE INFORMA- fenses; and PERSONALLY IDENTIFIABLE INFOR- (B) adequately reflect the enhanced pen- TION.—The term ‘‘personally identifiable in- MATION. formation’’ means any information, or com- alties established under this Act; (a) IN GENERAL.—Chapter 47 of title 18, pilation of information, in electronic or dig- (3) maintain reasonable consistency with United States Code, is amended by adding at other relevant directives and sentencing ital form serving as a means of identifica- the end the following: tion, as defined by section 1028(d)(7) of title guidelines; 18, United States Code. ‘‘§ 1041. Concealment of security breaches in- (4) account for any additional aggravating (10) PUBLIC RECORD SOURCE.—The term volving sensitive personally identifiable in- or mitigating circumstances that might jus- ‘‘public record source’’ means the Congress, formation tify exceptions to the generally applicable any agency, any State or local government ‘‘(a) Whoever, having knowledge of a secu- sentencing ranges; agency, the government of the District of rity breach and of the obligation to provide (5) consider whether to provide a sen- Columbia and governments of the territories notice of such breach to individuals under tencing enhancement for those convicted of or possessions of the United States, and Fed- title III of the Personal Data Privacy and Se- the offenses described in subsection (a), if eral, State or local courts, courts martial curity Act of 2009, and having not otherwise the conduct involves— and military commissions, that maintain qualified for an exemption from providing (A) the online sale of fraudulently obtained personally identifiable information in notice under section 312 of such Act, inten- or stolen personally identifiable informa- records available to the public. tionally and willfully conceals the fact of tion; (11) SECURITY BREACH.— such security breach and which breach (B) the sale of fraudulently obtained or (A) IN GENERAL.—The term ‘‘security causes economic damage to 1 or more per- stolen personally identifiable information to breach’’ means compromise of the security, sons, shall be fined under this title or impris- an individual who is engaged in terrorist ac- confidentiality, or integrity of computerized oned not more than 5 years, or both. tivity or aiding other individuals engaged in data through misrepresentation or actions ‘‘(b) For purposes of subsection (a), the terrorist activity; or that result in, or there is a reasonable basis term ‘person’ has the same meaning as in (C) the sale of fraudulently obtained or sto- to conclude has resulted in, acquisition of or section 1030(e)(12) of title 18, United States len personally identifiable information to fi- access to sensitive personally identifiable in- Code. nance terrorist activity or other criminal ac- formation that is unauthorized or in excess ‘‘(c) Any person seeking an exemption tivities; of authorization. under section 312(b) of the Personal Data (6) make any necessary conforming (B) EXCLUSION.—The term ‘‘security Privacy and Security Act of 2009 shall be im- changes to the Federal sentencing guidelines breach’’ does not include— mune from prosecution under this section if to ensure that such guidelines (including its (i) a good faith acquisition of sensitive per- the United States Secret Service does not in- policy statements) as described in subsection sonally identifiable information by a busi- dicate, in writing, that such notice be given (a) are sufficiently stringent to deter, and ness entity or agency, or an employee or under section 312(b)(3) of such Act’’. adequately reflect crimes related to fraudu- agent of a business entity or agency, if the (b) CONFORMING AND TECHNICAL AMEND- lent access to, or misuse of, personally iden- sensitive personally identifiable information MENTS.—The table of sections for chapter 47 tifiable information; and is not subject to further unauthorized disclo- of title 18, United States Code, is amended by (7) ensure that the Federal sentencing sure; or adding at the end the following: guidelines adequately meet the purposes of (ii) the release of a public record not other- ‘‘1041. Concealment of security breaches in- sentencing under section 3553(a)(2) of title 18, wise subject to confidentiality or nondisclo- volving personally identifiable United States Code. sure requirements. information.’’. (c) EMERGENCY AUTHORITY TO SENTENCING (12) SENSITIVE PERSONALLY IDENTIFIABLE IN- (c) ENFORCEMENT AUTHORITY.— COMMISSION.—The United States Sentencing FORMATION.—The term ‘‘sensitive personally (1) IN GENERAL.—The United States Secret Commission may, as soon as practicable, identifiable information’’ means any infor- Service shall have the authority to inves- promulgate amendments under this section mation or compilation of information, in tigate offenses under this section. in accordance with procedures established in electronic or digital form that includes— (2) NONEXCLUSIVITY.—The authority grant- section 21(a) of the Sentencing Act of 1987 (28 (A) an individual’s first and last name or ed in paragraph (1) shall not be exclusive of U.S.C. 994 note) as though the authority first initial and last name in combination any existing authority held by any other under that Act had not expired. with any 1 of the following data elements: Federal agency. (i) A non-truncated social security number, SEC. 104. EFFECTS OF IDENTITY THEFT ON BANK- driver’s license number, passport number, or SEC. 103. REVIEW AND AMENDMENT OF FEDERAL RUPTCY PROCEEDINGS. SENTENCING GUIDELINES RELATED alien registration number. TO FRAUDULENT ACCESS TO OR (a) DEFINITIONS.—Section 101 of title 11, (ii) Any 2 of the following: MISUSE OF DIGITIZED OR ELEC- United States Code, is amended— (I) Home address or telephone number. TRONIC PERSONALLY IDENTIFIABLE (1) by redesignating paragraph (27B) as (II) Mother’s maiden name, if identified as INFORMATION. paragraph (27D); and such. (a) REVIEW AND AMENDMENT.—The United (2) by inserting after paragraph (27A) the (III) Month, day, and year of birth. States Sentencing Commission, pursuant to following:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7874 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(27) The term ‘identity theft’ means a (1) IN GENERAL.—In addition to any other cline to investigate or terminate a review of fraud committed or attempted using the per- rights established under this Act, if a person information disputed by an individual under sonally identifiable information of another takes any adverse action with respect to any those paragraphs if the data broker reason- person. individual that is based, in whole or in part, ably determines that the dispute by the indi- ‘‘(28) The term ‘identity theft victim’ on any information contained in a personal vidual is frivolous or intended to perpetrate means a debtor who, as a result of an iden- electronic record that is maintained, up- fraud. tify theft in any consecutive 12-month period dated, or otherwise owned or possessed by a (B) NOTICE.—A data broker shall notify an during the 3-year period before the date on data broker, such person, at no cost to the individual of a determination under subpara- which a petition is filed under this title, had affected individual, shall provide— graph (A) within a reasonable time by any claims asserted against such debtor in excess (A) written or electronic notice of the ad- means available to such data broker. of the least of— verse action to the individual; ‘‘(A) $20,000; (B) to the individual, in writing or elec- SEC. 202. ENFORCEMENT. ‘‘(B) 50 percent of all claims asserted tronically, the name, address, and telephone (a) CIVIL PENALTIES.— against such debtor; or number of the data broker that furnished the (1) PENALTIES.—Any data broker that vio- ‘‘(C) 25 percent of the debtor’s gross income information to the person; lates the provisions of section 201 shall be for such 12-month period.’’. (C) a copy of the information such person subject to civil penalties of not more than (b) PROHIBITION.—Section 707(b) of title 11, obtained from the data broker; and $1,000 per violation per day while such viola- United States Code, is amended by adding at (D) information to the individual on the tions persist, up to a maximum of $250,000 the end the following: procedures for correcting any inaccuracies in per violation. such information. ‘‘(8) No judge, United States trustee (or (2) INTENTIONAL OR WILLFUL VIOLATION.—A bankruptcy administrator, if any), trustee, (2) ACCEPTED METHODS OF NOTICE.—A per- data broker that intentionally or willfully or other party in interest may file a motion son shall be in compliance with the notice violates the provisions of section 201 shall be under paragraph (2) if the debtor is an iden- requirements under paragraph (1) if such per- subject to additional penalties in the amount son provides written or electronic notice in tity theft victim.’’. of $1,000 per violation per day, to a maximum the same manner and using the same meth- TITLE II—DATA BROKERS of an additional $250,000 per violation, while ods as are required under section 313(1) of such violations persist. SEC. 201. TRANSPARENCY AND ACCURACY OF this Act. (3) EQUITABLE RELIEF.—A data broker en- DATA COLLECTION. (e) ACCURACY RESOLUTION PROCESS.— gaged in interstate commerce that violates (a) IN GENERAL.—Data brokers engaging in (1) INFORMATION FROM A PUBLIC RECORD OR this section may be enjoined from further interstate commerce are subject to the re- LICENSOR.— violations by a court of competent jurisdic- quirements of this title for any product or (A) IN GENERAL.—If an individual notifies a service offered to third parties that allows data broker of a dispute as to the complete- tion. access or use of sensitive personally identifi- ness or accuracy of information disclosed to (4) OTHER RIGHTS AND REMEDIES.—The able information. such individual under subsection (c) that is rights and remedies available under this sub- (b) LIMITATION.—Notwithstanding any obtained from a public record source or a li- section are cumulative and shall not affect other provision of this title, this section cense agreement, such data broker shall de- any other rights and remedies available shall not apply to— termine within 30 days whether the informa- under law. (1) any product or service offered by a data tion in its system accurately and completely (b) FEDERAL TRADE COMMISSION AUTHOR- broker engaging in interstate commerce records the information available from the ITY.—Any data broker shall have the provi- where such product or service is currently licensor or public record source. sions of this title enforced against it by the subject to, and in compliance with, access (B) DATA BROKER ACTIONS.—If a data broker Federal Trade Commission. and accuracy protections similar to those determines under subparagraph (A) that the under subsections (c) through (f) of this sec- information in its systems does not accu- (c) STATE ENFORCEMENT.— tion under the Fair Credit Reporting Act rately and completely record the informa- (1) CIVIL ACTIONS.—In any case in which the (Public Law 91–508); tion available from a public record source or attorney general of a State or any State or (2) any data broker that is subject to regu- licensor, the data broker shall— local law enforcement agency authorized by lation under the Gramm-Leach-Bliley Act (i) correct any inaccuracies or incomplete- the State attorney general or by State stat- (Public Law 106–102); ness, and provide to such individual written ute to prosecute violations of consumer pro- (3) any data broker currently subject to notice of such changes; and tection law, has reason to believe that an in- and in compliance with the data security re- (ii) provide such individual with the con- terest of the residents of that State has been quirements for such entities under the tact information of the public record or li- or is threatened or adversely affected by the Health Insurance Portability and Account- censor. acts or practices of a data broker that vio- ability Act (Public Law 104–191), and its im- (2) INFORMATION NOT FROM A PUBLIC RECORD late this title, the State may bring a civil plementing regulations; SOURCE OR LICENSOR.—If an individual noti- action on behalf of the residents of that (4) information in a personal electronic fies a data broker of a dispute as to the com- State in a district court of the United States record that— pleteness or accuracy of information not of appropriate jurisdiction, or any other (A) the data broker has identified as inac- from a public record or licensor that was dis- court of competent jurisdiction, to— curate, but maintains for the purpose of aid- closed to the individual under subsection (c), (A) enjoin that act or practice; ing the data broker in preventing inaccurate the data broker shall, within 30 days of re- (B) enforce compliance with this title; or information from entering an individual’s ceiving notice of such dispute— (C) obtain civil penalties of not more than personal electronic record; and (A) review and consider free of charge any $1,000 per violation per day while such viola- (B) is not maintained primarily for the information submitted by such individual tions persist, up to a maximum of $250,000 purpose of transmitting or otherwise pro- that is relevant to the completeness or accu- per violation. viding that information, or assessments racy of the disputed information; and (2) NOTICE.— based on that information, to nonaffiliated (B) correct any information found to be in- (A) IN GENERAL.—Before filing an action third parties; and complete or inaccurate and provide notice to under this subsection, the attorney general (5) information concerning proprietary such individual of whether and what infor- of the State involved shall provide to the methodologies, techniques, scores, or algo- mation was corrected, if any. Federal Trade Commission— rithms relating to fraud prevention not nor- (3) EXTENSION OF REVIEW PERIOD.—The 30- (i) a written notice of that action; and mally provided to third parties in the ordi- day period described in paragraph (1) may be (ii) a copy of the complaint for that action. nary course of business. extended for not more than 30 additional (B) EXCEPTION.—Subparagraph (A) shall (c) DISCLOSURES TO INDIVIDUALS.— days if a data broker receives information not apply with respect to the filing of an ac- (1) IN GENERAL.—A data broker shall, upon from the individual during the initial 30-day tion by an attorney general of a State under the request of an individual, disclose to such period that is relevant to the completeness this subsection, if the attorney general of a individual for a reasonable fee all personal or accuracy of any disputed information. State determines that it is not feasible to electronic records pertaining to that indi- (4) NOTICE IDENTIFYING THE DATA FUR- provide the notice described in subparagraph vidual maintained specifically for disclosure NISHER.—If the completeness or accuracy of (A) before the filing of the action. to third parties that request information on any information not from a public record (C) NOTIFICATION WHEN PRACTICABLE.—In an that individual in the ordinary course of source or licensor that was disclosed to an action described under subparagraph (B), the business in the databases or systems of the individual under subsection (c) is disputed by attorney general of a State shall provide the data broker at the time of such request. such individual, the data broker shall pro- written notice and the copy of the complaint (2) INFORMATION ON HOW TO CORRECT INAC- vide, upon the request of such individual, the to the Federal Trade Commission as soon CURACIES.—The disclosures required under contact information of any data furnisher after the filing of the complaint as prac- paragraph (1) shall also include guidance to that provided the disputed information. ticable. individuals on procedures for correcting in- (5) DETERMINATION THAT DISPUTE IS FRIVO- (3) FEDERAL TRADE COMMISSION AUTHOR- accuracies. LOUS OR IRRELEVANT.— ITY.—Upon receiving notice under paragraph (d) DISCLOSURE TO INDIVIDUALS OF ADVERSE (A) IN GENERAL.—Notwithstanding para- (2), the Federal Trade Commission shall have ACTIONS TAKEN BY THIRD PARTIES.— graphs (1) through (3), a data broker may de- the right to—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7875 (A) move to stay the action, pending the (i) examinations for compliance with the taining sensitive personally identifiable in- final disposition of a pending Federal pro- requirements of this Act by a Federal Func- formation; ceeding or action as described in paragraph tional Regulator or State Insurance Author- (B) assess the likelihood of and potential (4); ity (as those terms are defined in section 509 damage from unauthorized access, disclo- (B) intervene in an action brought under of the Gramm-Leach-Bliley Act (15 U.S.C. sure, use, or alteration of sensitive person- paragraph (1); and 6809)); or ally identifiable information; (C) file petitions for appeal. (ii) compliance with part 314 of title 16, (C) assess the sufficiency of its policies, (4) PENDING PROCEEDINGS.—If the Federal Code of Federal Regulations. technologies, and safeguards in place to con- Trade Commission has instituted a pro- (2) HIPPA REGULATED ENTITIES.— trol and minimize risks from unauthorized ceeding or civil action for a violation of this (A) COVERED ENTITIES.—Covered entities access, disclosure, use, or alteration of sen- title, no attorney general of a State may, subject to the Health Insurance Portability sitive personally identifiable information; during the pendency of such proceeding or and Accountability Act of 1996 (42 U.S.C. 1301 and civil action, bring an action under this sub- et seq.), including the data security require- (D) assess the vulnerability of sensitive section against any defendant named in such ments and implementing regulations of that personally identifiable information during civil action for any violation that is alleged Act. destruction and disposal of such information, in that civil action. (B) BUSINESS ENTITIES.—A business entity including through the disposal or retirement (5) RULE OF CONSTRUCTION.—For purposes shall be deemed in compliance with the pri- of hardware. of bringing any civil action under paragraph vacy and security program requirements (4) RISK MANAGEMENT AND CONTROL.—Each (1), nothing in this title shall be construed to under section 302 if the business entity is business entity shall— prevent an attorney general of a State from acting as a ‘‘business associate’’ as that term (A) design its personal data privacy and se- exercising the powers conferred on the attor- is defined in the Health Insurance Port- curity program to control the risks identi- ney general by the laws of that State to— ability and Accountability Act of 1996 (42 fied under paragraph (3); and (A) conduct investigations; U.S.C. 1301 et seq.) and is in compliance with (B) adopt measures commensurate with the (B) administer oaths and affirmations; or requirements imposed under that Act and its sensitivity of the data as well as the size, (C) compel the attendance of witnesses or implementing regulations. complexity, and scope of the activities of the the production of documentary and other (3) PUBLIC RECORDS.—Public records not business entity that— evidence. otherwise subject to a confidentiality or (i) control access to systems and facilities (6) VENUE; SERVICE OF PROCESS.— nondisclosure requirement, or information containing sensitive personally identifiable (A) VENUE.—Any action brought under this obtained from a news report or periodical. information, including controls to authen- subsection may be brought in the district (d) SAFE HARBORS.— ticate and permit access only to authorized court of the United States that meets appli- (1) IN GENERAL.—A business entity shall be individuals; cable requirements relating to venue under deemed in compliance with the privacy and (ii) detect actual and attempted fraudu- section 1391 of title 28, United States Code. security program requirements under section lent, unlawful, or unauthorized access, dis- (B) SERVICE OF PROCESS.—In an action 302 if the business entity complies with or closure, use, or alteration of sensitive per- brought under this subsection, process may provides protection equal to industry stand- sonally identifiable information, including be served in any district in which the defend- ards, as identified by the Federal Trade Com- by employees and other individuals other- ant— mission, that are applicable to the type of wise authorized to have access; (i) is an inhabitant; or sensitive personally identifiable information (iii) protect sensitive personally identifi- (ii) may be found. involved in the ordinary course of business of able information during use, transmission, (d) NO PRIVATE CAUSE OF ACTION.—Nothing such business entity. storage, and disposal by encryption, redac- in this title establishes a private cause of ac- (2) LIMITATION.—Nothing in this subsection tion, or access controls that are widely action against a data broker for violation of shall be construed to permit, and nothing cepted as an effective industry practice or any provision of this title. does permit, the Federal Trade Commission industry standard, or other reasonable to issue regulations requiring, or according SEC. 203. RELATION TO STATE LAWS. means (including as directed for disposal of greater legal status to, the implementation records under section 628 of the Fair Credit No requirement or prohibition may be im- of or application of a specific technology or posed under the laws of any State with re- Reporting Act (15 U.S.C. 1681w) and the im- technological specifications for meeting the plementing regulations of such Act as set spect to any subject matter regulated under requirements of this title. section 201, relating to individual access to, forth in section 682 of title 16, Code of Fed- SEC. 302. REQUIREMENTS FOR A PERSONAL and correction of, personal electronic eral Regulations); DATA PRIVACY AND SECURITY PRO- (iv) ensure that sensitive personally identi- records held by data brokers. GRAM. fiable information is properly destroyed and SEC. 204. EFFECTIVE DATE. (a) PERSONAL DATA PRIVACY AND SECURITY disposed of, including during the destruction This title shall take effect 180 days after PROGRAM.—A business entity subject to this of computers, diskettes, and other electronic the date of enactment of this Act. subtitle shall comply with the following safeguards and any other administrative, media that contain sensitive personally TITLE III—PRIVACY AND SECURITY OF identifiable information ; PERSONALLY IDENTIFIABLE INFORMA- technical, or physical safeguards identified by the Federal Trade Commission in a rule- (v) trace access to records containing sen- TION making process pursuant to section 553 of sitive personally identifiable information so Subtitle A—A Data Privacy and Security title 5, United States Code, for the protec- that the business entity can determine who Program tion of sensitive personally identifiable in- accessed or acquired such sensitive person- SEC. 301. PURPOSE AND APPLICABILITY OF DATA formation: ally identifiable information pertaining to PRIVACY AND SECURITY PROGRAM. (1) SCOPE.—A business entity shall imple- specific individuals; and (a) PURPOSE.—The purpose of this subtitle ment a comprehensive personal data privacy (vi) ensure that no third party or customer is to ensure standards for developing and im- and security program that includes adminis- of the business entity is authorized to access plementing administrative, technical, and trative, technical, and physical safeguards or acquire sensitive personally identifiable physical safeguards to protect the security appropriate to the size and complexity of the information without the business entity first of sensitive personally identifiable informa- business entity and the nature and scope of performing sufficient due diligence to ascer- tion. its activities. tain, with reasonable certainty, that such in- (b) IN GENERAL.—A business entity engag- (2) DESIGN.—The personal data privacy and formation is being sought for a valid legal ing in interstate commerce that involves security program shall be designed to— purpose. collecting, accessing, transmitting, using, (A) ensure the privacy, security, and con- (b) TRAINING.—Each business entity sub- storing, or disposing of sensitive personally fidentiality of sensitive personally identi- ject to this subtitle shall take steps to en- identifiable information in electronic or dig- fying information; sure employee training and supervision for ital form on 10,000 or more United States (B) protect against any anticipated implementation of the data security pro- persons is subject to the requirements for a vulnerabilities to the privacy, security, or gram of the business entity. data privacy and security program under integrity of sensitive personally identifying (c) VULNERABILITY TESTING.— section 302 for protecting sensitive person- information; and (1) IN GENERAL.—Each business entity sub- ally identifiable information. (C) protect against unauthorized access to ject to this subtitle shall take steps to en- (c) LIMITATIONS.—Notwithstanding any use of sensitive personally identifying infor- sure regular testing of key controls, sys- other obligation under this subtitle, this mation that could result in substantial harm tems, and procedures of the personal data subtitle does not apply to: or inconvenience to any individual. privacy and security program to detect, pre- (1) FINANCIAL INSTITUTIONS.—Financial in- (3) RISK ASSESSMENT.—A business entity vent, and respond to attacks or intrusions, stitutions— shall— or other system failures. (A) subject to the data security require- (A) identify reasonably foreseeable inter- (2) FREQUENCY.—The frequency and nature ments and implementing regulations under nal and external vulnerabilities that could of the tests required under paragraph (1) the Gramm-Leach-Bliley Act (15 U.S.C. 6801 result in unauthorized access, disclosure, shall be determined by the risk assessment et seq.); and use, or alteration of sensitive personally of the business entity under subsection (B) subject to— identifiable information or systems con- (a)(3).

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7876 CONGRESSIONAL RECORD — SENATE July 22, 2009

(d) RELATIONSHIP TO SERVICE PROVIDERS.— State in a district court of the United States (b) LIMITATIONS.—Nothing in this subtitle In the event a business entity subject to this of appropriate jurisdiction, or any other shall be construed to modify, limit, or super- subtitle engages service providers not sub- court of competent jurisdiction, to— sede the operation of the Gramm-Leach-Bli- ject to this subtitle, such business entity (A) enjoin that act or practice; ley Act or its implementing regulations, in- shall— (B) enforce compliance with this subtitle; cluding those adopted or enforced by States. (1) exercise appropriate due diligence in se- or Subtitle B—Security Breach Notification lecting those service providers for respon- (C) obtain civil penalties of not more than SEC. 311. NOTICE TO INDIVIDUALS. sibilities related to sensitive personally $5,000 per violation per day while such viola- (a) IN GENERAL.—Any agency, or business identifiable information, and take reason- tions persist, up to a maximum of $500,000 entity engaged in interstate commerce, that able steps to select and retain service proper violation. uses, accesses, transmits, stores, disposes of viders that are capable of maintaining ap- (2) NOTICE.— or collects sensitive personally identifiable propriate safeguards for the security, pri- (A) IN GENERAL.—Before filing an action information shall, following the discovery of vacy, and integrity of the sensitive person- under this subsection, the attorney general a security breach of such information, notify ally identifiable information at issue; and of the State involved shall provide to the any resident of the United States whose sen- (2) require those service providers by con- Federal Trade Commission— sitive personally identifiable information tract to implement and maintain appro- (i) a written notice of that action; and has been, or is reasonably believed to have priate measures designed to meet the objec- (ii) a copy of the complaint for that action. been, accessed, or acquired. tives and requirements governing entities (B) EXCEPTION.—Subparagraph (A) shall (b) OBLIGATION OF OWNER OR LICENSEE.— subject to section 301, this section, and sub- not apply with respect to the filing of an ac- (1) NOTICE TO OWNER OR LICENSEE.—Any title B. tion by an attorney general of a State under agency, or business entity engaged in inter- (e) PERIODIC ASSESSMENT AND PERSONAL this subsection, if the attorney general of a state commerce, that uses, accesses, trans- DATA PRIVACY AND SECURITY MODERNIZA- State determines that it is not feasible to mits, stores, disposes of, or collects sensitive TION.—Each business entity subject to this provide the notice described in this subpara- personally identifiable information that the subtitle shall on a regular basis monitor, graph before the filing of the action. agency or business entity does not own or li- evaluate, and adjust, as appropriate its data (C) NOTIFICATION WHEN PRACTICABLE.—In an cense shall notify the owner or licensee of privacy and security program in light of any action described under subparagraph (B), the the information following the discovery of a relevant changes in— attorney general of a State shall provide the security breach involving such information. (1) technology; written notice and the copy of the complaint (2) NOTICE BY OWNER, LICENSEE OR OTHER (2) the sensitivity of personally identifi- to the Federal Trade Commission as soon DESIGNATED THIRD PARTY.—Nothing in this able information; after the filing of the complaint as prac- subtitle shall prevent or abrogate an agree- (3) internal or external threats to person- ticable. ment between an agency or business entity ally identifiable information; and (3) FEDERAL TRADE COMMISSION AUTHOR- required to give notice under this section (4) the changing business arrangements of ITY.—Upon receiving notice under paragraph and a designated third party, including an the business entity, such as— (2), the Federal Trade Commission shall have owner or licensee of the sensitive personally (A) mergers and acquisitions; the right to— identifiable information subject to the secu- (B) alliances and joint ventures; (A) move to stay the action, pending the rity breach, to provide the notifications re- (C) outsourcing arrangements; final disposition of a pending Federal pro- quired under subsection (a). (D) bankruptcy; and ceeding or action as described in paragraph (3) BUSINESS ENTITY RELIEVED FROM GIVING (E) changes to sensitive personally identi- (4); NOTICE.—A business entity obligated to give fiable information systems. (B) intervene in an action brought under notice under subsection (a) shall be relieved of such obligation if an owner or licensee of (f) IMPLEMENTATION TIMELINE.—Not later paragraph (1); and than 1 year after the date of enactment of (C) file petitions for appeal. the sensitive personally identifiable information subject to the security breach, or other this Act, a business entity subject to the pro- (4) PENDING PROCEEDINGS.—If the Federal visions of this subtitle shall implement a Trade Commission has instituted a pro- designated third party, provides such notifi- data privacy and security program pursuant ceeding or action for a violation of this sub- cation. (c) TIMELINESS OF NOTIFICATION.— to this subtitle. title or any regulations thereunder, no attor- (1) IN GENERAL.—All notifications required SEC. 303. ENFORCEMENT. ney general of a State may, during the pend- under this section shall be made without un- (a) CIVIL PENALTIES.— ency of such proceeding or action, bring an reasonable delay following the discovery by (1) IN GENERAL.—Any business entity that action under this subsection against any de- the agency or business entity of a security violates the provisions of sections 301 or 302 fendant named in such criminal proceeding breach. or civil action for any violation that is al- shall be subject to civil penalties of not more (2) REASONABLE DELAY.—Reasonable delay than $5,000 per violation per day while such leged in that proceeding or action. under this subsection may include any time a violation exists, with a maximum of (5) RULE OF CONSTRUCTION.—For purposes necessary to determine the scope of the secu- $500,000 per violation. of bringing any civil action under paragraph rity breach, prevent further disclosures, and (2) INTENTIONAL OR WILLFUL VIOLATION.—A (1) nothing in this subtitle shall be construed restore the reasonable integrity of the data business entity that intentionally or will- to prevent an attorney general of a State system and provide notice to law enforce- fully violates the provisions of sections 301 from exercising the powers conferred on the ment when required. attorney general by the laws of that State or 302 shall be subject to additional penalties (3) BURDEN OF PROOF.—The agency, busi- in the amount of $5,000 per violation per day to— ness entity, owner, or licensee required to while such a violation exists, with a max- (A) conduct investigations; provide notification under this section shall imum of an additional $500,000 per violation. (B) administer oaths and affirmations; or have the burden of demonstrating that all (3) EQUITABLE RELIEF.—A business entity (C) compel the attendance of witnesses or notifications were made as required under engaged in interstate commerce that vio- the production of documentary and other this subtitle, including evidence dem- lates this section may be enjoined from fur- evidence. onstrating the reasons for any delay. ther violations by a court of competent ju- (6) VENUE; SERVICE OF PROCESS.— (d) DELAY OF NOTIFICATION AUTHORIZED FOR risdiction. (A) VENUE.—Any action brought under this LAW ENFORCEMENT PURPOSES.— (4) OTHER RIGHTS AND REMEDIES.—The subsection may be brought in the district (1) IN GENERAL.—If a Federal law enforce- rights and remedies available under this sec- court of the United States that meets appli- ment agency determines that the notification are cumulative and shall not affect any cable requirements relating to venue under tion required under this section would im- other rights and remedies available under section 1391 of title 28, United States Code. pede a criminal investigation, such notifica- law. (B) SERVICE OF PROCESS.—In an action tion shall be delayed upon written notice (b) FEDERAL TRADE COMMISSION AUTHOR- brought under this subsection, process may from such Federal law enforcement agency ITY.—Any data broker shall have the provi- be served in any district in which the defend- to the agency or business entity that experi- sions of this subtitle enforced against it by ant— enced the breach. the Federal Trade Commission. (i) is an inhabitant; or (2) EXTENDED DELAY OF NOTIFICATION.—If (c) STATE ENFORCEMENT.— (ii) may be found. the notification required under subsection (1) CIVIL ACTIONS.—In any case in which the (d) NO PRIVATE CAUSE OF ACTION.—Nothing (a) is delayed pursuant to paragraph (1), an attorney general of a State or any State or in this subtitle establishes a private cause of agency or business entity shall give notice 30 local law enforcement agency authorized by action against a business entity for violation days after the day such law enforcement the State attorney general or by State stat- of any provision of this subtitle. delay was invoked unless a Federal law en- ute to prosecute violations of consumer pro- SEC. 304. RELATION TO OTHER LAWS. forcement agency provides written notifica- tection law, has reason to believe that an in- (a) IN GENERAL.—No State may require any tion that further delay is necessary. terest of the residents of that State has been business entity subject to this subtitle to (3) LAW ENFORCEMENT IMMUNITY.—No cause or is threatened or adversely affected by the comply with any requirements with respect of action shall lie in any court against any acts or practices of a data broker that vio- to administrative, technical, and physical law enforcement agency for acts relating to late this subtitle, the State may bring a civil safeguards for the protection of sensitive the delay of notification for law enforcement action on behalf of the residents of that personally identifying information. purposes under this subtitle.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7877 SEC. 312. EXEMPTIONS. harm to the individuals whose sensitive per- (B) from which the individual may learn (a) EXEMPTION FOR NATIONAL SECURITY AND sonally identifiable information was subject what types of sensitive personally identifi- LAW ENFORCEMENT.— to the security breach, with the rendering of able information the agency or business enti- (1) IN GENERAL.—Section 311 shall not such sensitive personally identifiable infor- ty maintained about that individual; and apply to an agency or business entity if the mation indecipherable through the use of (3) the toll-free contact telephone numbers agency or business entity certifies, in writ- best practices or methods, such as redaction, and addresses for the major credit reporting ing, that notification of the security breach access controls, or other such mechanisms, agencies. as required by section 311 reasonably could which are widely accepted as an effective in- (b) ADDITIONAL CONTENT.—Notwithstanding be expected to— dustry practice, or an effective industry section 319, a State may require that a no- (A) cause damage to the national security; standard, establishing a presumption that no tice under subsection (a) shall also include or significant risk exists; information regarding victim protection as- (B) hinder a law enforcement investigation (2) without unreasonable delay, but not sistance provided for by that State. or the ability of the agency to conduct law later than 45 days after the discovery of a se- SEC. 315. COORDINATION OF NOTIFICATION enforcement investigations. curity breach, unless extended by the United WITH CREDIT REPORTING AGEN- (2) LIMITS ON CERTIFICATIONS.—An agency States Secret Service, the agency or business CIES. or business entity may not execute a certifi- entity notifies the United States Secret If an agency or business entity is required cation under paragraph (1) to— Service, in writing, of— to provide notification to more than 5,000 in- (A) conceal violations of law, inefficiency, (A) the results of the risk assessment; and dividuals under section 311(a), the agency or or administrative error; (B) its decision to invoke the risk assess- business entity shall also notify all con- (B) prevent embarrassment to a business ment exemption; and sumer reporting agencies that compile and entity, organization, or agency; or (3) the United States Secret Service does maintain files on consumers on a nationwide (C) restrain competition. not indicate, in writing, within 10 business basis (as defined in section 603(p) of the Fair (3) NOTICE.—In every case in which an days from receipt of the decision, that notice Credit Reporting Act (15 U.S.C. 1681a(p)) of agency or business agency issues a certifi- should be given. the timing and distribution of the notices. cation under paragraph (1), the certification, (c) FINANCIAL FRAUD PREVENTION EXEMP- Such notice shall be given to the consumer accompanied by a description of the factual TION.— credit reporting agencies without unreason- basis for the certification, shall be imme- (1) IN GENERAL.—A business entity will be able delay and, if it will not delay notice to diately provided to the United States Secret exempt from the notice requirement under the affected individuals, prior to the dis- Service. section 311 if the business entity utilizes or tribution of notices to the affected individ- (4) SECRET SERVICE REVIEW OF CERTIFI- participates in a security program that— uals. CATIONS.— (A) is designed to block the use of the sen- SEC. 316. NOTICE TO LAW ENFORCEMENT. (A) IN GENERAL.—The United States Secret sitive personally identifiable information to Service may review a certification provided (a) SECRET SERVICE.—Any business entity initiate unauthorized financial transactions by an agency under paragraph (3), and shall or agency shall notify the United States Se- before they are charged to the account of the review a certification provided by a business cret Service of the fact that a security individual; and entity under paragraph (3), to determine breach has occurred if— (B) provides for notice to affected individ- whether an exemption under paragraph (1) is (1) the number of individuals whose sen- uals after a security breach that has resulted merited. Such review shall be completed not sitive personally identifying information in fraud or unauthorized transactions. later than 10 business days after the date of was, or is reasonably believed to have been (2) LIMITATION.—The exemption by this receipt of the certification, except as pro- acquired by an unauthorized person exceeds subsection does not apply if— vided in paragraph (5)(C). 10,000; (A) the information subject to the security (B) NOTICE.—Upon completing a review (2) the security breach involves a database, breach includes sensitive personally identifi- under subparagraph (A) the United States networked or integrated databases, or other able information, other than a credit card or Secret Service shall immediately notify the data system containing the sensitive person- credit card security code, of any type of the agency or business entity, in writing, of its ally identifiable information of more than sensitive personally identifiable information determination of whether an exemption 1,000,000 individuals nationwide; identified in section 3; or under paragraph (1) is merited. (3) the security breach involves databases (B) the security breach includes both the (C) EXEMPTION.—The exemption under owned by the Federal Government; or individual’s credit card number and the indi- paragraph (1) shall not apply if the United (4) the security breach involves primarily vidual’s first and last name. States Secret Service determines under this sensitive personally identifiable information paragraph that the exemption is not mer- SEC. 313. METHODS OF NOTICE. of individuals known to the agency or busi- ited. An agency or business entity shall be in ness entity to be employees and contractors (5) ADDITIONAL AUTHORITY OF THE SECRET compliance with section 311 if it provides of the Federal Government involved in na- SERVICE.— both: tional security or law enforcement. (A) IN GENERAL.—In determining under (1) INDIVIDUAL NOTICE.—Notice to individ- (b) NOTICE TO OTHER LAW ENFORCEMENT paragraph (4) whether an exemption under uals by 1 of the following means: AGENCIES.—The United States Secret Service paragraph (1) is merited, the United States (A) Written notification to the last known shall be responsible for notifying— Secret Service may request additional infor- home mailing address of the individual in (1) the Federal Bureau of Investigation, if mation from the agency or business entity the records of the agency or business entity. the security breach involves espionage, for- regarding the basis for the claimed exemp- (B) Telephone notice to the individual per- eign counterintelligence, information pro- tion, if such additional information is nec- sonally. tected against unauthorized disclosure for essary to determine whether the exemption (C) E-mail notice, if the individual has con- reasons of national defense or foreign rela- is merited. sented to receive such notice and the notice tions, or Restricted Data (as that term is de- (B) REQUIRED COMPLIANCE.—Any agency or is consistent with the provisions permitting fined in section 11y of the Atomic Energy business entity that receives a request for electronic transmission of notices under sec- Act of 1954 (42 U.S.C. 2014(y)), except for of- additional information under subparagraph tion 101 of the Electronic Signatures in Glob- fenses affecting the duties of the United (A) shall cooperate with any such request. al and National Commerce Act (15 U.S.C. States Secret Service under section 3056(a) of (C) TIMING.—If the United States Secret 7001). title 18, United States Code; Service requests additional information (2) MEDIA NOTICE.—Notice to major media (2) the United States Postal Inspection under subparagraph (A), the United States outlets serving a State or jurisdiction, if the Service, if the security breach involves mail Secret Service shall notify the agency or number of residents of such State whose sen- fraud; and business entity not later than 10 business sitive personally identifiable information (3) the attorney general of each State af- days after the date of receipt of the addi- was, or is reasonably believed to have been, fected by the security breach. tional information whether an exemption acquired by an unauthorized person exceeds (c) TIMING OF NOTICES.—The notices re- under paragraph (1) is merited. 5,000. quired under this section shall be delivered (b) SAFE HARBOR.—An agency or business SEC. 314. CONTENT OF NOTIFICATION. as follows: entity will be exempt from the notice re- (a) IN GENERAL.—Regardless of the method (1) Notice under subsection (a) shall be de- quirements under section 311, if— by which notice is provided to individuals livered as promptly as possible, but not later (1) a risk assessment concludes that— under section 313, such notice shall include, than 14 days after discovery of the events re- (A) there is no significant risk that a secu- to the extent possible— quiring notice. rity breach has resulted in, or will result in, (1) a description of the categories of sen- (2) Notice under subsection (b) shall be de- harm to the individuals whose sensitive per- sitive personally identifiable information livered not later than 14 days after the Serv- sonally identifiable information was subject that was, or is reasonably believed to have ice receives notice of a security breach from to the security breach, with the encryption been, acquired by an unauthorized person; an agency or business entity. of such information establishing a presump- (2) a toll-free number— SEC. 317. ENFORCEMENT. tion that no significant risk exists; or (A) that the individual may use to contact (a) CIVIL ACTIONS BY THE ATTORNEY GEN- (B) there is no significant risk that a secu- the agency or business entity, or the agent ERAL.—The Attorney General may bring a rity breach has resulted in, or will result in, of the agency or business entity; and civil action in the appropriate United States

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7878 CONGRESSIONAL RECORD — SENATE July 22, 2009

district court against any business entity (ii) NOTIFICATION.—In an action described (2) the number and nature of security that engages in conduct constituting a viola- in clause (i), the attorney general of a State breaches subject to the national security and tion of this subtitle and, upon proof of such shall provide notice and a copy of the com- law enforcement exemptions under section conduct by a preponderance of the evidence, plaint to the Attorney General at the time 312(a), provided that such report may not such business entity shall be subject to a the State attorney general files the action. disclose the contents of any risk assessment civil penalty of not more than $1,000 per day (b) FEDERAL PROCEEDINGS.—Upon receiving provided to the United States Secret Service per individual whose sensitive personally notice under subsection (a)(2), the Attorney pursuant to this subtitle. identifiable information was, or is reason- General shall have the right to— SEC. 322. EFFECTIVE DATE. ably believed to have been, accessed or ac- (1) move to stay the action, pending the This subtitle shall take effect on the expi- quired by an unauthorized person, up to a final disposition of a pending Federal pro- ration of the date which is 90 days after the maximum of $1,000,000 per violation, unless ceeding or action; date of enactment of this Act. such conduct is found to be willful or inten- (2) initiate an action in the appropriate Subtitle C—Office of Federal Identity tional. United States district court under section Protection (b) INJUNCTIVE ACTIONS BY THE ATTORNEY 317 and move to consolidate all pending ac- SEC. 331. OFFICE OF FEDERAL IDENTITY PRO- GENERAL.— tions, including State actions, in such court; TECTION. (1) IN GENERAL.—If it appears that a busi- (3) intervene in an action brought under (a) ESTABLISHMENT.—There is established ness entity has engaged, or is engaged, in subsection (a)(2); and in the Federal Trade Commission an Office any act or practice constituting a violation (4) file petitions for appeal. of Federal Identity Protection. of this subtitle, the Attorney General may (c) PENDING PROCEEDINGS.—If the Attorney (b) DUTIES.—The Office of Federal Identity petition an appropriate district court of the General has instituted a proceeding or action Protection shall be responsible for assisting United States for an order— for a violation of this subtitle or any regula- each consumer with— (A) enjoining such act or practice; or tions thereunder, no attorney general of a (1) addressing the consequences of the theft (B) enforcing compliance with this sub- State may, during the pendency of such pro- or compromise of the personally identifiable title. ceeding or action, bring an action under this information of that consumer; (2) ISSUANCE OF ORDER.—A court may issue subtitle against any defendant named in (2) accessing remedies provided under Fed- an order under paragraph (1), if the court such criminal proceeding or civil action for eral law and providing information about finds that the conduct in question con- any violation that is alleged in that pro- remedies available under State law; stitutes a violation of this subtitle. ceeding or action. (3) restoring the accuracy of— (c) OTHER RIGHTS AND REMEDIES.—The (d) CONSTRUCTION.—For purposes of bring- (A) the personally identifiable information rights and remedies available under this sub- ing any civil action under subsection (a), of that consumer; and title are cumulative and shall not affect any nothing in this subtitle regarding notifica- (B) records containing the personally iden- other rights and remedies available under tion shall be construed to prevent an attor- tifiable information of that consumer that law. ney general of a State from exercising the were stolen or compromised; and (d) FRAUD ALERT.—Section 605A(b)(1) of the powers conferred on such attorney general (4) retrieving any stolen or compromised Fair Credit Reporting Act (15 U.S.C. 1681c– by the laws of that State to— personally identifiable information of that 1(b)(1)) is amended by inserting ‘‘, or evi- (1) conduct investigations; consumer. (c) ACTIVITIES.—In order to perform the du- dence that the consumer has received notice (2) administer oaths or affirmations; or ties required under subsection (b), the Office that the consumer’s financial information (3) compel the attendance of witnesses or of Federal Identity Protection shall carry has or may have been compromised,’’ after the production of documentary and other out the following activities: ‘‘identity theft report’’. evidence. (e) VENUE; SERVICE OF PROCESS.— (1) Establish a website, easily and con- SEC. 318. ENFORCEMENT BY STATE ATTORNEYS spicuously accessible from ftc.gov, dedicated GENERAL. (1) VENUE.—Any action brought under subsection (a) may be brought in— to assisting consumers with the retrieval of (a) IN GENERAL.— (A) the district court of the United States the stolen or compromised personally identi- (1) CIVIL ACTIONS.—In any case in which the that meets applicable requirements relating fiable information of the consumer. attorney general of a State or any State or (2) Maintain a toll-free phone number to local law enforcement agency authorized by to venue under section 1391 of title 28, United States Code; or help answer questions concerning identity the State attorney general or by State stat- theft from consumers. ute to prosecute violations of consumer pro- (B) another court of competent jurisdiction. (3) Establish online and offline consumer- tection law, has reason to believe that an in- service teams to assist consumers seeking (2) SERVICE OF PROCESS.—In an action terest of the residents of that State has been the retrieval of the personally identifiable brought under subsection (a), process may be or is threatened or adversely affected by the information of the consumer. served in any district in which the defend- engagement of a business entity in a practice (4) Provide guidance and information to ant— that is prohibited under this subtitle, the service organizations or pro bono legal serv- (A) is an inhabitant; or State or the State or local law enforcement ices programs that offer individualized as- (B) may be found. agency on behalf of the residents of the agen- sistance or counseling to victims of identity (f) NO PRIVATE CAUSE OF ACTION.—Nothing cy’s jurisdiction, may bring a civil action on theft. in this subtitle establishes a private cause of behalf of the residents of the State or juris- (5) Establish a reasonable standard for de- action against a business entity for violation diction in a district court of the United termining when an individual becomes a vic- of any provision of this subtitle. States of appropriate jurisdiction or any tim of identity theft. other court of competent jurisdiction, in- SEC. 319. EFFECT ON FEDERAL AND STATE LAW. (6) Issue certifications to individuals who, cluding a State court, to— The provisions of this subtitle shall super- under the standard described in paragraph (A) enjoin that practice; sede any other provision of Federal law or (5), are identity theft victims. (B) enforce compliance with this subtitle; any provision of law of any State relating to (7) Permit an individual to use the Office of or notification by a business entity engaged in Federal Identity Protection certification— (C) civil penalties of not more than $1,000 interstate commerce or an agency of a secu- (A) in all Federal, State, and local jurisdic- per day per individual whose sensitive per- rity breach, except as provided in section tions, in lieu of a police report or any other sonally identifiable information was, or is 314(b). document required by State or local law, as reasonably believed to have been, accessed or SEC. 320. AUTHORIZATION OF APPROPRIATIONS. a prerequisite to accessing business records acquired by an unauthorized person, up to a There are authorized to be appropriated of transactions done by someone claiming to maximum of $1,000,000 per violation, unless such sums as may be necessary to cover the be the individual; and such conduct is found to be willful or inten- costs incurred by the United States Secret (B) to establish the eligibility of that indi- tional. Service to carry out investigations and risk vidual for— (2) NOTICE.— assessments of security breaches as required (i) the fraud alert protections under sec- (A) IN GENERAL.—Before filing an action under this subtitle. tion 605A of the Fair Credit Reporting Act under paragraph (1), the attorney general of SEC. 321. REPORTING ON RISK ASSESSMENT EX- (15 U.S.C. 1681c–1); and the State involved shall provide to the At- EMPTIONS. (ii) the reporting protections under section torney General of the United States— The United States Secret Service shall re- 605B(a) of the Fair Credit Reporting Act (15 (i) written notice of the action; and port to Congress not later than 18 months U.S.C. 1681c–2(a)). (ii) a copy of the complaint for the action. after the date of enactment of this Act, and (8) Coordinate, as the Office determines (B) EXEMPTION.— upon the request by Congress thereafter, necessary, with the designated Chief Privacy (i) IN GENERAL.—Subparagraph (A) shall on— Officer of each Federal agency, or any other not apply with respect to the filing of an ac- (1) the number and nature of the security designated senior official in such agency in tion by an attorney general of a State under breaches described in the notices filed by charge of privacy, in order to meet the du- this subtitle, if the State attorney general those business entities invoking the risk as- ties of assisting consumers as required under determines that it is not feasible to provide sessment exemption under section 312(b) and subsection (b). the notice described in such subparagraph the response of the United States Secret (9) In addition to the requirements in para- before the filing of the action. Service to such notices; and graphs (1) through (7), the Federal Trade

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7879 Commission shall promulgate regulations SEC. 402. REQUIREMENT TO AUDIT INFORMA- (I) an outline of enforcement mechanisms that enable the Office of Federal Identity TION SECURITY PRACTICES OF CON- for accountability to protect individuals and Protection to help consumers restore their TRACTORS AND THIRD PARTY BUSI- the public against unlawful or illegitimate NESS ENTITIES. stolen or otherwise compromised personally access or use of databases; and Section 3544(b) of title 44, United States identifiable information quickly and inex- (3) incorporates into the contract or other Code, is amended— pensively. agreement totaling more than $500,000, provi- (1) in paragraph (7)(C)(iii), by striking (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘and’’ after the semicolon; sions— There are authorized to be appropriated for (2) in paragraph (8), by striking the period (A) providing for penalties— the Office of Federal Identity Protection and inserting ‘‘; and’’; and (i) for failure to comply with title III of such sums as are necessary for fiscal year (3) by adding at the end the following: this Act; or 2010 and each of the 4 succeeding fiscal years. ‘‘(9) procedures for evaluating and auditing (ii) if the entity knows or has reason to know that the personally identifiable infor- TITLE IV—GOVERNMENT ACCESS TO AND the information security practices of con- mation being provided to the Federal depart- USE OF COMMERCIAL DATA tractors or third party business entities supporting the information systems or oper- ment or agency is inaccurate, and provides SEC. 401. GENERAL SERVICES ADMINISTRATION ations of the agency involving personally such inaccurate information; and REVIEW OF CONTRACTS. identifiable information (as that term is de- (B) requiring a data broker that engages (a) IN GENERAL.—In considering contract fined in section 3 of the Personal Data Pri- service providers not subject to subtitle A of awards totaling more than $500,000 and en- vacy and Security Act of 2009) and ensuring title III for responsibilities related to sen- tered into after the date of enactment of this remedial action to address any significant sitive personally identifiable information Act with data brokers, the Administrator of deficiencies.’’. to— the General Services Administration shall SEC. 403. PRIVACY IMPACT ASSESSMENT OF GOV- (i) exercise appropriate due diligence in se- evaluate— ERNMENT USE OF COMMERCIAL IN- lecting those service providers for respon- (1) the data privacy and security program FORMATION SERVICES CONTAINING sibilities related to personally identifiable of a data broker to ensure the privacy and PERSONALLY IDENTIFIABLE INFOR- information; security of data containing personally iden- MATION. (ii) take reasonable steps to select and re- tifiable information, including whether such (a) IN GENERAL.—Section 208(b)(1) of the E- tain service providers that are capable of program adequately addresses privacy and Government Act of 2002 (44 U.S.C. 3501 note) maintaining appropriate safeguards for the security threats created by malicious soft- is amended— security, privacy, and integrity of the per- ware or code, or the use of peer-to-peer file (1) in subparagraph (A)(i), by striking ‘‘or’’; sonally identifiable information at issue; and sharing software; and (iii) require such service providers, by con- (2) the compliance of a data broker with (2) in subparagraph (A)(ii), by striking the tract, to implement and maintain appro- such program; period and inserting ‘‘; or’’; and priate measures designed to meet the objec- (3) the extent to which the databases and (3) by inserting after clause (ii) the fol- tives and requirements in title III. systems containing personally identifiable lowing: (c) LIMITATION ON PENALTIES.—The pen- information of a data broker have been com- ‘‘(iii) purchasing or subscribing for a fee to alties under subsection (b)(3)(A) shall not promised by security breaches; and personally identifiable information from a apply to a data broker providing information (4) the response by a data broker to such data broker (as such terms are defined in that is accurately and completely recorded breaches, including the efforts by such data section 3 of the Personal Data Privacy and from a public record source. broker to mitigate the impact of such secu- Security Act of 2009).’’. (d) STUDY OF GOVERNMENT USE.— (b) LIMITATION.—Notwithstanding any rity breaches. (1) SCOPE OF STUDY.—Not later than 180 other provision of law, commencing 1 year (b) COMPLIANCE SAFE HARBOR.—The data days after the date of enactment of this Act, after the date of enactment of this Act, no the Comptroller General of the United States privacy and security program of a data Federal agency may enter into a contract broker shall be deemed sufficient for the pur- shall conduct a study and audit and prepare with a data broker to access for a fee any a report on Federal agency actions to ad- poses of subsection (a), if the data broker database consisting primarily of personally complies with or provides protection equal dress the recommendations in the Govern- identifiable information concerning United ment Accountability Office’s April 2006 re- to industry standards, as identified by the States persons (other than news reporting or Federal Trade Commission, that are applica- port on agency adherence to key privacy telephone directories) unless the head of principles in using data brokers or commer- ble to the type of personally identifiable in- such department or agency— cial databases containing personally identifi- formation involved in the ordinary course of (1) completes a privacy impact assessment able information. business of such data broker. under section 208 of the E-Government Act of (2) REPORT.—A copy of the report required (c) PENALTIES.—In awarding contracts with 2002 (44 U.S.C. 3501 note), which shall subject under paragraph (1) shall be submitted to data brokers for products or services related to the provision in that Act pertaining to Congress. to access, use, compilation, distribution, sensitive information, include a description processing, analyzing, or evaluating person- SEC. 404. IMPLEMENTATION OF CHIEF PRIVACY of— OFFICER REQUIREMENTS. ally identifiable information, the Adminis- (A) such database; (a) DESIGNATION OF THE CHIEF PRIVACY OF- trator of the General Services Administra- (B) the name of the data broker from FICER.—Pursuant to the requirements under tion shall— whom it is obtained; and section 522 of the Transportation, Treasury, (1) include monetary or other penalties— (C) the amount of the contract for use; Independent Agencies, and General Govern- (A) for failure to comply with subtitles A (2) adopts regulations that specify— ment Appropriations Act, 2005 (division H of and B of title III; or (A) the personnel permitted to access, ana- Public Law 108–447; 118 Stat. 3199) that each (B) if a contractor knows or has reason to lyze, or otherwise use such databases; agency designate a Chief Privacy Officer, the know that the personally identifiable infor- (B) standards governing the access, anal- Department of Justice shall implement such mation being provided is inaccurate, and ysis, or use of such databases; requirements by designating a department- provides such inaccurate information; and (C) any standards used to ensure that the wide Chief Privacy Officer, whose primary (2) require a data broker that engages serv- personally identifiable information accessed, role shall be to fulfill the duties and respon- ice providers not subject to subtitle A of analyzed, or used is the minimum necessary sibilities of Chief Privacy Officer and who title III for responsibilities related to sen- to accomplish the intended legitimate pur- shall report directly to the Deputy Attorney sitive personally identifiable information pose of the Federal agency; General. to— (D) standards limiting the retention and (b) DUTIES AND RESPONSIBILITIES OF CHIEF (A) exercise appropriate due diligence in redisclosure of personally identifiable infor- PRIVACY OFFICER.—In addition to the duties selecting those service providers for respon- mation obtained from such databases; and responsibilities outlined under section sibilities related to personally identifiable (E) procedures ensuring that such data 522 of the Transportation, Treasury, Inde- information; meet standards of accuracy, relevance, com- pendent Agencies, and General Government (B) take reasonable steps to select and re- pleteness, and timeliness; Appropriations Act, 2005 (division H of Pub- tain service providers that are capable of (F) the auditing and security measures to lic Law 108–447; 118 Stat. 3199), the Depart- maintaining appropriate safeguards for the protect against unauthorized access, anal- ment of Justice Chief Privacy Officer shall— security, privacy, and integrity of the per- ysis, use, or modification of data in such (1) oversee the Department of Justice’s im- sonally identifiable information at issue; and databases; plementation of the requirements under sec- (C) require such service providers, by con- (G) applicable mechanisms by which indi- tion 403 to conduct privacy impact assess- tract, to implement and maintain appro- viduals may secure timely redress for any ments of the use of commercial data con- priate measures designed to meet the objec- adverse consequences wrongly incurred due taining personally identifiable information tives and requirements in title III. to the access, analysis, or use of such data- by the Department; and (d) LIMITATION.—The penalties under sub- bases; (2) coordinate with the Privacy and Civil section (c) shall not apply to a data broker (H) mechanisms, if any, for the enforce- Liberties Oversight Board, established in the providing information that is accurately and ment and independent oversight of existing Intelligence Reform and Terrorism Preven- completely recorded from a public record or planned procedures, policies, or guide- tion Act of 2004 (Public Law 108–458), in im- source or licensor. lines; and plementing this section.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7880 CONGRESSIONAL RECORD — SENATE July 22, 2009 By Mr. LEVIN (for himself and For example, according to an Equilar generous tax deduction that is multiple Mr. MCCAIN): Inc. analysis of 2008 filings with the Se- times larger, it creates a temptation S. 1491. A bill to amend the Internal curities and Exchange Commission, for the company to pay its executives Revenue Code of 1986 to provide that SEC, Oracle Corporation’s CEO was with stock options instead of cash or corporate tax benefits based upon granted options estimated in value at stock. It is a classic case of U.S. tax stock option compensation expenses be more than $71 million just last year. policy creating an unintended incen- consistent with accounting expenses That grant was on top of the pay he re- tive for corporations to act in a par- shown in corporate financial state- ceived from vested and exercised stock ticular way. ments for such compensation; to the options given to him by his company in This bill is particularly timely given Committee on Finance. the past. In 2008 alone, those stock op- the new administration’s stated goals Mr. LEVIN. Mr. President, Senator tions amounted to a personal gain of to close unfair corporate tax loopholes, MCCAIN and I are introducing today a more than $543 million. That is $543 strengthen tax fairness, and reign in bill to eliminate Federal corporate tax million in stock option gains in a sin- excessive executive compensation. breaks that give special tax treatment gle year. Stunningly, his company gets Given the current financial crisis, stag- to corporations that pay their execu- to deduct this outlandish ‘‘compensa- gering health care costs, and ongoing tives with stock options. It is called tion’’ from its taxes—even though the defense needs, now more than ever, we the Ending excessive Corporate Deduc- company never paid him that amount, cannot afford this multi-billion dollar tions for Stock Options Act, and it has and even though the existing tax code loss to the Treasury. been endorsed by OMB Watch, the Con- generally limits corporate deductions To understand why this bill is needed sumer Federation of America, the Tax for executive pay to $1 million per ex- it helps to understand how stock op- Justice Network-USA, and the AFL– ecutive. tion accounting and tax rules got so CIO. Oracle’s CEO was not alone. Equilar out of kilter with each other in the We are in a financial crisis. We are has identified dozens of U.S. executives first place. spending hundreds of billions of tax- who obtained tens of millions or even Calculating the cost of stock options payer dollars to try to stop the housing hundreds of millions of dollars from may sound straightforward, but for bust and prop up Wall Street. Too stock options in 2008. For example, the years, companies and their account- many of the middle class are watching ants engaged the Financial Accounting the American dream slip away, while CEO of Qualcomm Inc., had $209 mil- Standards Board (FASB) in an all-out, executives are getting mutli-million lion in stock options gains in 2008, knock-down battle over how companies dollar compensation packages. while the CEO of Occidental Petroleum At the same time, mismatched stock had gains of $184 million. should record stock option compensa- option accounting and tax rules are Between the repricing of some stock tion expenses on their books. U.S. publicly traded corporations are shortchanging the Treasury to the tune options and grants being made while required by law to follow Generally Ac- of billions of dollars each year, while stock prices are low, the recent stock cepted Accounting Principles, GAAP, fueling the growing chasm between ex- market recovery will likely mean that issued by FASB, which is overseen by ecutive pay and average worker pay. many executives will continue to reap The mismatch is this: companies are astronomical stock option-related the SEC. For many years, GAAP al- allowed to report one set of stock op- compensation, and their companies lowed U.S. companies to issue stock tion compensation expenses to inves- will continue to reap unwarranted tax options to employees and, unlike any tors and the public through their pub- deductions from stock options gains. other type of compensation, report a lic financial statements, and a com- Why do corporate executives have so zero compensation expense on their pletely different set of expenses to the many stock options to cash in? A key books, so long as, on the grant date, Internal Revenue Service, IRS, on their reason is that U.S. accounting rules the stock option’s exercise price tax returns. Put simply, our precious allow companies to report their stock equaled the market price at which the tax dollars are being wasted by an out- option expenses one way on the cor- stock could be sold. dated and unfair corporate tax loophole porate books, while Federal tax rules Assigning a zero value to stock op- that encourages corporations to hand require them to report the same stock tions that routinely produce huge out massive stock option grants to options a completely different way on amounts of executive pay provoked their executives. It is time to put an their tax returns. In most cases, the re- deep disagreements within the ac- end to the excessive tax deductions sulting book expense is far smaller counting community. In 1993, FASB being reaped by corporations at tax- than the resulting tax deduction. That proposed assigning a ‘‘fair value’’ to payers’ expense. means, under current U.S. accounting stock options on the date they are J.P. Morgan once said that executive and tax rules, stock option tax deduc- granted to an employee, using mathe- pay should not exceed 20 times average tions taken by corporations often far matical valuation tools. FASB pro- worker pay. In the United States, in exceed the recorded stock option exposed further that companies include 1990, average pay for the chief execu- penses shown on the companies’ books. that amount as a compensation ex- tive officer of a large U.S. corporation The result is a tax windfall. pense on their financial statements. A was 100 times average worker pay. Re- Stock options are the only type of battle over stock option expensing fol- cently, CEO pay was nearly 400 times compensation where the Federal tax lowed, involving the accounting profes- that of the average worker. code permits companies to claim a big- sion, corporate executives, FASB, the The single biggest factor responsible ger deduction on their tax returns than SEC, and Congress. for this massive pay gap is stock op- the corresponding expense on their In the end, after years of fighting and tions. Stock options are a huge con- books. For all other types of compensa- negotiation, FASB issued a new ac- tributor to executive pay. A key factor tion—cash, stock, bonuses, and more— counting standard, Financial Account- encouraging companies to pay their ex- the tax return deduction equals the ing Standard, FAS, 123R, which was en- ecutives with stock options is the mis- book expense. In fact, companies can- dorsed by the SEC and became manda- guided Federal tax system that favors not deduct more than the compensatory for all publicly traded corpora- stock options over other types of com- tion expense shown on their books, be- tions in 2005. In essence, FAS 123R re- pensation. Stock options give employ- cause that would be tax fraud. The sole quires all companies to record a com- ees the right to buy company stock at exception to this rule is stock options. pensation expense equal to the fair a set price for a specified period of In the case of stock options, the tax value on grant date of all stock options time, often 5 or 10 years. Virtually code allows companies to claim a tax provided to an employee in exchange every CEO in America is paid with deduction that can be two, three, ten for the employee’s services. stock options, which are a major con- or one hundred times larger than the The details of this accounting rule tributor to sky-high executive pay. Ac- expense shown on their books. are complex, because they reflect an ef- cording to Forbes magazine, in 2008, When a company’s compensation fort to accommodate varying view- the CEOs at the 500 largest U.S. compa- committee learns that stock options points on the true cost of stock op- nies took home a combined $5.7 billion, can produce a low compensation ex- tions. Companies are allowed to use a averaging $11.4 million each. pense on the books, while generating a variety of mathematical models, for

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7881 example, to calculate a stock option’s get a clear figure for stock option tax the new FASB rule had been in effect, fair value. Option grants that vest over deduction purposes. That reasoning all nine calculated book expenses that time are expensed over the specified lost its persuasive character, however, remained dramatically lower than period so that, for example, a stock op- once consensus was reached on how to their tax deductions. Altogether the 9 tion which vests over four years results calculate stock option expenses when companies calculated that they would in 25 percent of the cost being expensed granted. have claimed $1 billion more in stock each year. If a stock option grant never Stock option accounting and tax option tax deductions than they would vests, the rule allows any previously rules have evolved separately over the have shown as book expenses, even booked expense to be recovered. On the years and are now at odds with each using the tougher new accounting rule. other hand, stock options that do vest other. Accounting rules require compa- Let me repeat that—just nine compa- are required to be fully expensed, even nies to expense stock options on their nies produced a stock option book-tax if never exercised, because the com- books on the grant date. Tax rules pro- difference of more than $1 billion. pensation was actually awarded. These vide that companies deduct stock op- KB Home, for example, is a company and other provisions of this hard- tion expenses on the exercise date. that builds residential homes. Its stock fought accounting rule reflect pains- Companies have to report the grant price had more than quadrupled over taking judgments on how to show a date expense to investors on their fi- the past 10 years. Over the same time stock option’s value. nancial statements, and the exercise period, it had repeatedly granted stock Opponents of the new accounting rule date expense on their tax returns. The options to its then CEO. Company had predicted that, if implemented, it financial statements report on all records show that, over five years, KB would severely damage U.S. capital stock options granted during the year, Home gave him 5.5 million stock op- markets. They warned that stock op- while the tax returns report on all tions of which, by 2006, he had exer- tion expensing would eliminate cor- stock options exercised during the cised more than 3 million. porate profits, discourage investment, year. In short, company financial With respect to those 3 million stock depress stock prices, and stifle innova- statements and tax returns identify ex- options, KB Home recorded a zero ex- tion. 2006 was the first year in which penses for different groups of stock op- pense on its books. Had the new ac- all U.S. publicly traded companies tions, using different valuation meth- counting rule been in effect, KB Home were required to expense stock options. ods, and resulting in widely divergent calculated that it would have reported Instead of tumbling, both the New stock option expenses for the same on its books a compensation expense of York Stock Exchange and Nasdaq year. about $11.5 million. KB Home also dis- turned in strong performances, as did To examine the nature and con- closed that the same 3 million stock initial public offerings by new compa- sequences of the stock option book-tax options enabled it to claim compensa- nies. The dire predictions were wrong. differences, the Permanent Sub- tion expenses on its tax returns total- Stock option expensing has been fully committee on Investigations, which I ing about $143.7 million. In other implemented without any detrimental chair, initiated an investigation and words, KB Home claimed a $143 million impact to the markets. held a hearing 2 years ago, in June 2007. tax deduction for expenses that on its During the years the battle raged Here is what we found. books, under current accounting rules, over stock option accounting, rel- To test just how far the book and tax would have totaled $11.5 million. That’s atively little attention was paid to the figures for stock options diverge, the a tax deduction 12 times bigger than taxation of stock options. Section 83 of Subcommittee contacted a number of the book expense. the tax code, first enacted in 1969 and companies to compare the stock option Occidental Petroleum disclosed a still in place after four decades, is the expenses they reported for accounting similar book-tax discrepancy. This key statutory provision. It essentially and tax purposes. The Subcommittee company’s stock price had also sky- provides that, when an employee exer- asked each company to identify stock rocketed, dramatically increasing the cises compensatory stock options, the options that had been exercised by one value of the 16 million stock options employee must report as income the or more of its executives from 2002 to granted to its CEO since 1993. Of the 12 difference between what the employee 2006. The Subcommittee then asked million stock options the CEO actually paid to exercise the options and the each company to identify the com- exercised over a five-year period, Occi- market value of the stock received. pensation expense they reported on dental Petroleum claimed a $353 mil- The corporation can then take a mirror their financial statements versus the lion tax deduction for a book expense deduction for whatever amount of in- compensation expense on their tax re- that, under current accounting rules, come the employee realized. turns. In addition, we asked the compa- would have totaled just $29 million. For example, suppose a company nies’ help in estimating what effect the That’s a book-tax difference of more gave an executive options to buy 1 mil- new accounting rule would have had on than 1200 percent. lion shares of the company stock at $10 their book expense if it had been in Similar book-tax discrepancies ap- per share. Suppose, 5 years later, the place when their stock options were plied to the other companies we exam- executive exercised the options when granted. At the hearing, we disclosed ined. Cisco System’s CEO exercised the stock was selling at $30 per share. the resulting stock option data for 9 nearly 19 million stock options over 5 The executive’s income would be $20 companies, including three companies years, and provided the company with per share for a total of $20 million. The that were asked to testify. The Sub- a $169 million tax deduction for a book executive would declare $20 million as committee very much appreciated the expense which, under current account- ordinary income, and in the same year, cooperation and assistance provided by ing rules, would have totaled about $21 the company would take a cor- the nine companies we worked with. million. UnitedHealth’s former CEO ex- responding tax deduction for $20 mil- The data provided by the companies ercised over 9 million stock options in lion. showed that, under then existing rules, 5 years, providing the company with a The two main problems with this ap- the nine companies showed a zero ex- $318 million tax deduction for a book proach are that: the deduction amount pense on their books for that stock op- expense which would have totaled is significantly greater than the value tions that had been awarded to their about $46 million. Safeway’s CEO exer- of what the company gave away, often executives, but claimed millions of dol- cised over 2 million stock options, pro- years earlier, and the $20 million in in- lars in tax deductions for the same viding the company with a $39 million come obtained by the executive did not compensation. The one exception was tax deduction for a book expense which come out of the company’s coffers. In Occidential Petroleum which, in 2005, would have totaled about $6.5 million. most cases, the $20 million was paid by began voluntarily expensing its stock Altogether, these nine companies unrelated parties on the stock market. options, but even this company re- took stock option tax deductions total- Yet the tax code allowed the corpora- ported significantly greater tax deduc- ing $1.2 billion, a figure 5 times larger tion to declare the $20 million as a tions than the stock option expenses than the $217 million that their com- business expense and take it as a tax shown on its books. When the Sub- bined stock option book expenses deduction. The reasoning was that the committee asked the companies what would have been. The resulting $1 bil- exercise date value was the only way to their book expense would have been if lion in excess tax deductions represents

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7882 CONGRESSIONAL RECORD — SENATE July 22, 2009 a tax windfall for these companies sim- effect a the time those options were able to take the deduction years earlier ply because they issued lots of stock granted, the company would have had than they do now, without waiting to options to their CEOs. to show a $139 million book expense, see if and when particular options are Tax rules that produce huge tax de- but would never be able to claim a tax exercised. Companies would also be al- ductions that are many times larger deduction for this expense since the op- lowed to deduct stock options that are than the related stock option book ex- tions would never be exercised. Apple vested but never exercised. In addition, penses give companies an incentive to made a similar point. It told the Sub- by requiring stock option expenses to issue massive stock option grants, be- committee that, in 2003, it allowed its be deducted in the same year they ap- cause they know the stock options will CEO to trade 17.5 million in underwater pear on the company books, stock op- produce a relatively small hit to the stock options for 5 million shares of re- tions would become consistent with profits shown on their books, while stricted stock. That trade meant the how other forms of compensation are also knowing that they are likely to stock options would never be exercised treated in the tax code. get a much larger tax deduction that and, under current rules, would Right now, U.S. stock option ac- can dramatically lower their taxes. produce a book expense without ever counting and tax rules are mis- The data we gathered for nine compa- producing a tax deduction. matched, misaligned, and out of kilter. nies alone disclosed stock option tax In both of these cases, under FAS They allow companies collectively to deductions that were five times larger 123R, it is possible that the stock op- deduct billions of dollars in stock op- than their book expenses, generating tions given to a corporate executive tion expenses in excess of the expenses over $1 billion in excess tax deductions. would have produced a reported book that actually appear on the company To gauge whether the same tax gap ap- expense greater than the company’s books. They disallow tax deductions plied to stock options across the coun- tax deduction. While the M–3 data indi- for stock options that are given as try as a whole, the Subcommittee cates that, overall, accounting ex- compensation but never exercised. asked the IRS to perform an analysis penses lag far behind claimed tax de- They often force companies to wait of some newly obtained stock option ductions, the possible financial impact years to claim a tax deduction for a data. on an individual company of a large compensation expense that could and For the first time in 2004, large cor- number of unexercised stock options is should be claimed in the same year it porations were required to file a new additional evidence that existing stock appears on the company books. tax Schedule M–3 with their tax re- option accounting and tax rules are out The Levin-McCain bill we are intro- turns. The M–3 Schedule asks compa- of kilter and should be brought into ducing today would cure these prob- nies to identify differences in how they alignment. Under our bill, if a company lems. It would bring stock option ac- report corporate income to investors incurred a stock option expense, it counting and tax rules into alignment, versus what they report to Uncle Sam, would always be able to claim a tax de- so that the two sets of rules would so that the IRS can track and analyze duction for that expense. apply in a consistent manner. It would significant book-tax differences. Another set of issues brought to light accomplish that goal simply by requir- This data shows that, for corporate by theIRS data focuses on the fact that ing the corporate stock option tax de- tax returns filed form July 1, 2005 to the current stock option tax deduction duction to be no greater than the stock June 30, 2006, the first full year in is typically claimed years later than option expenses shown on the cor- which it was available, companies’ the initial book expense. Normally, a porate books each year. stock option tax deductions totaled corporation dispenses compensation to Specifically, the bill would end use of about $61 billion more than their stock an employee and takes a tax deduction the current stock option deduction options expenses on their books. Simi- in the same year for the expense. The under Section 83 of the tax code, which lar data for July 1, 2006 to June 30, 2007, company controls the timing and allows corporations to deduct stock op- showed that the excess stock option amount of the compensation expense tion expenses when exercised in an tax deductions totaled about $48 bil- and the corresponding tax deduction. amount equal to the income declared lion. In addition, the IRS data shows With respect to stock options, however, by the individual exercising the option, that nearly 60 percent of the excess tax corporations may have to wait years to replacing it with a new Section 162(q), deductions in 2007 were attributable to see if, when, and how much of a deduc- which would require companies to de- only 100 corporations; 75 percent were tion can be taken. That is because the duct the stock option expenses shown attributable to only 250 corporations. corporate tax deduction is wholly de- on their books each year. The IRS also determined that stock op- pendent upon when an individual cor- The bill would apply only to cor- tions were one of the most important porate executive decides to exercise his porate stock option deductions; it factors why corporations reported dif- or her stock options. would make no changes to the rules ferent income on their books compared Our bill would require that, when the that apply to individuals who have to their tax returns. company gives away something of been given stock options as part of Claiming these massive stock option value, it reflects that expense on its their compensation. Individuals would tax deductions enabled U.S. corpora- books and claims that same expense on still report their compensation on the tions, as a whole, to legally reduce pay- its tax return. The company, and the day they exercised their stock options. ment of their taxes by billions of dol- government, should not have to wait to They would still report as income the lars, perhaps as much as $10 billion, $15 see whether the stock options given to difference between what they paid to billion, even $20 billion per year. executives later increased in value and exercise the options and the fair mar- There were other surprises in the were exercised. As with any other form ket value of the stock they received data as well. One set of issues disclosed of compensation, the company should upon exercise. The gain would continue by the data involves what happens to determine the value of what it is giving to be treated as ordinary income rather unexercised stock options. Under the away, and take the appropriate tax de- than a capital gain, since the option current mismatched set of accounting duction at that time. holder did not invest any capital in the and tax rules, stock options which are UnitedHealth, for example, told the stock prior to exercising the stock op- granted, vested, but never exercised by Subcommittee that it gave its former tion and the only reason the person ob- the option holder turn out to produce a CEO 8 million stock options in 1999, of tained the stock was because of the corporate book expense but no tax de- which, by 2006, only about 730,000 had services they performed for the cor- duction. been exercised. It did not know if or poration. Cisco Systems told the Sub- when its former CEO would exercise The amount of income declared by committee, for example, that in addi- the remaining 7 million options, and so the individual after exercising a stock tion to the 19 million exercised stock could not calculate when or how much option will likely often be greater than options previously mentioned, their of a tax deduction it would be able to the stock option expense booked and CEO held about 8 million options that, claim for this compensation expense. deducted by the corporation who em- due to a stock price drop, would likely If the rules for stock option tax deployed that individual. That’s in part expire without being exercised. Cisco ductions were changed as suggested in because the individual’s gain often calculated that, had FAS 123R been in our bill, companies would typically be comes years later than the original

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7883 stock option grant, and the underlying tion. So they forfeit their stock option books for the stock options issued to stock will usually have gained in value. corporate deduction in favor of giving their executives and, thus, would be In addition, the individual’s gain is their employees more favorable treat- unable to claim a tax deduction under typically provided, not by the corpora- ment of their stock option income. In- the new Section 162(q). For that rea- tion that supplied the stock options centive Stock Options would not be af- son, the bill would allow these corpora- years earlier, but by third parties ac- fected by our legislation and would re- tions to continue to use Section 83 to tive in the stock market. main available to any corporation pro- claim stock option deductions on their Consider the same example discussed viding stock options to its employees. tax returns. earlier of an executive who exercises The bill would make one other im- For stock options that vested after options to buy 1 million shares of stock portant change to the tax code as it re- the effective date of FAS 123R and were at $10 per share, obtains the shares lates to corporate stock option tax de- exercised after the date of enactment, from the corporation, and then imme- ductions. In 1993, Congress enacted a $1 the bill takes another tack. Under FAS diately sells them on the open market million cap on the compensation that a 123R, these corporations would have for $30 per share, making a toal profit corporation can deduct from its taxes, had to show the appropriate stock op- of $20 million. The individual’s cor- so taxpayers would not be forced to tion expense on their books, but would poration didn’t supply the $20 million. subsidize excessive executive pay. How- have been unable to take a tax deduc- Just the opposite. Rather than paying ever, the cap was not applied to stock tion until the executive actually exer- cash to its executive, the corporation options, allowing companies to deduct cised the option. For these options, the received a $10 million payment from any amount of stock option compensa- bill would allow corporations to take the executive in exchange for the 1 mil- tion, without limit. an immediate tax deduction—in the lion shares. The $20 million profit from By not applying the $1 million cap to first year that the bill is in effect—for selling the shares was paid, not by the stock option compensation, the tax all of the expenses shown on their corporation, but by third parties in the code created a significant incentive for books with respect to these options. marketplace who purchased the stock. corporations to pay their executives This ‘‘catch-up deduction’’ in the first That is why it makes no sense for the with stock options. Indeed, it is very year after enactment would enable cor- company to declare as an expense the common for executives to have salaries porations, in the following years, to amount of profit that an employee—or of $1 million, while simultaneously re- begin with a clean slate so that their former employee—obtained from unre- ceiving millions of dollars more in tax returns the next year would reflect lated parties in the marketplace. stock options. It is effectively mean- their actual stock option book ex- The bill we are introducing today ingless to cap deductions for executive penses for that same year. would put an end to the current ap- salary compensation but not also for After that catch-up year, all stock proach of using the stock option in- stock options. option expenses incurred by a company come declared by an individual as the Further, while corporate directors each year would be reflected in their tax deduction claimed by the corpora- may be comfortable diluting their annual tax deductions under the new tion that supplied the stock options. It shareholders’ interests and doling out Section 162(q). would break that old artificial sym- massive amounts of stock options, that metry and replace it with a new sym- does not mean that the taxpayers The current differences between ac- metry—one in which the corporation’s should subsidize it. This bill would counting and tax rules for stock op- stock option tax deduction would eliminate this favored treatment of ex- tions make no sense. match its book expense. ecutive stock options by making de- The current book-tax difference is I describe the current approach to ductions for this type of compensation the historical product of accounting corporate stock option deductions as subject to the same $1 million cap that and tax policies that have not been co- artificial, because it uses a construct applies to other forms of compensation ordinated or integrated. The resulting in the tax code that, when first imple- covered by Section 162(m). mismatch has allowed companies to mented 40 years ago, enabled corpora- The bill also contains several tech- take tax deductions that are usually tions to calculate their stock option nical provisions. First, it would make a many times larger than the actual expense on the exercise date, when conforming change to the research tax stock option expenses shown on their there was no consensus on how to cal- credit so that stock option expenses books, at the expense of the Treasury culate stock option expenses on the claimed under that credit would match (i.e., other taxpayers). Companies are grant date. The artificiality of the ap- the stock option deductions taken incentivized to dole out excessive op- proach is demonstrated by the fact under the new tax code section 162(q). tions packages, producing outsized ex- that it allows companies to claim a de- Second, the bill would authorize the ecutive pay, while being allowed to re- ductible expense for money that comes Secretary of the Treasury to adopt reg- flect much smaller ‘‘expenses’’ on their not from company coffers, but from ulations governing how to calculate books. They get to avoid paying their third parties in the stock market. Now the deduction for stock options issued fair share to Uncle Sam by simply giv- that U.S. accounting rules require the by a parent corporation to the employ- ing their executives the rights to huge calculation of stock option expenses on ees of a subsidiary. sums of money from the financial mar- the grant date, however, there is no Finally, the bill contains a transition kets. longer any need to rely on an artificial rule for applying the new Section 162(q) Right now, stock options are the construct that calculated corporate stock option tax deduction to existing only compensation expense where the stock option expenses on the exercise and future stock option grants. This tax code allows companies to deduct date using third party funds. transition rule would make it clear more than their book expenses. In the It is also important to note that the that the new tax deduction would not last year for which the data is avail- bill would not affect in any way cur- apply to any stock option exercised able, companies used the existing rent tax provisions that provide fa- prior to the date of enactment of the book-tax disparity to claim $48 billion vored tax treatment to so-called Incen- bill. more in stock option tax deductions tive Stock Options under Sections 421 The bill would also allow the old Sec- than the expenses shown on their and 422 of the tax code. Under those tion 83 deduction rules to apply to any books. In these times of financial cri- sections, in certain circumstances, cor- option which was vested prior to the ef- sis, we cannot afford this multi-billion porations can surrender their stock op- fective date of Financial Accounting dollar loss to the Treasury, not only tion deductions in favor of allowing Standard, FAS, 123R, and exercised because of the need to finance the their employees with stock option after the date of enactment of the bill. mounting costs of rescuing the econ- gains to be taxed at a capital gains The effective date of FAS 123R is June omy, but also because this stock option rate instead of ordinary income tax 15, 2005 for most corporations, and De- book-tax difference contributes to the rates. Many start-up companies use cember 31, 2005 for most small busi- anger and social disruption caused by these types of stock options, because nesses. Prior to the effective date of the ever deepening chasm between the they don’t yet have taxable profits and FAS 123R, most corporations would pay of executives and the pay of aver- don’t need a stock option tax deduc- have shown a zero expense on their age workers.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7884 CONGRESSIONAL RECORD — SENATE July 22, 2009 The Obama administration has (1) such amendments shall not apply to tive stock options that qualify under section pledged itself to closing unfair cor- stock options that were granted before such 422 of the tax code. porate tax loopholes and to returning date and that vested in taxable periods be- SECTION 3—APPLICATION OF EXECUTIVE PAY sanity to executive pay. It should start ginning on or before June 15, 2005, DEDUCTION LIMIT with supporting the ending of excessive (2) for stock options that were granted be- Eliminates favored treatment of corporate fore such date of enactment and vested dur- executive stock options under tax code sec- stock option corporate deductions. I ing taxable periods beginning after June 15, urge my colleagues to join Senator tion 162(m) by making executive stock op- 2005, and ending before such date of enact- tion compensation deductions subject to the MCCAIN and me in enacting this bill ment, a deduction under section 162(q) of the same $1 million cap on corporate deductions into law this year. Internal Revenue Code of 1986 (as added by that applies to other types of compensation Mr. President, I ask unanimous con- subsection (a)(2)) shall be allowed in the first paid to the top executives of publicly held sent that the text of the bill and a bill taxable period of the taxpayer that ends corporations. This approach mirrors that summary be printed in the RECORD. after such date of enactment, taken in the Economic Emergency Stabiliza- There being no objection, the text of (3) for public entities reporting as small tion Act to address the financial crisis. the bill was ordered to be printed in business issuers and for non-public entities required to file public reports of financial the RECORD, as follows: By Mr. REID (for Ms. MIKULSKI condition, paragraphs (1) and (2) shall be ap- S. 1491 (for herself, Mr. BOND, Mrs. plied by substituting ‘‘December 15, 2005’’ for GILLIBRAND, Mr. MENENDEZ, Mr. Be it enacted by the Senate and House of Rep- ‘‘June 15, 2005’’, and resentatives of the United States of America in BURR, and Ms. COLLINS)): (4) no deduction shall be allowed under sec- S. 1492. A bill to amend the Public Congress assembled, tion 83(h) or section 162(q) of such Code with SECTION 1. SHORT TITLE. respect to any stock option the vesting date Health Service Act to fund break- This Act may be cited as the ‘‘Ending Ex- of which is changed to accelerate the time at throughs in Alzheimer’s disease re- cessive Corporate Deductions for Stock Op- which the option may be exercised in order search while providing more help to tions Act’’. to avoid the applicability of such amend- caregivers and increasing public edu- SEC. 2. CONSISTENT TREATMENT OF STOCK OP- ments. cation about prevention; to the Com- TIONS BY CORPORATIONS. SEC. 3. APPLICATION OF EXECUTIVE PAY DEDUC- mittee on Health, Education, Labor, (a) CONSISTENT TREATMENT FOR WAGE DE- TION LIMIT. DUCTION.— and Pensions. (a) IN GENERAL.—Subparagraph (D) of sec- Ms. MIKULSKI. Mr. President, (1) IN GENERAL.—Section 83(h) of the Inter- tion 162(m)(4) of the Internal Revenue Code nal Revenue Code of 1986 (relating to deduc- of 1986 (defining applicable employee remu- today, I rise to introduce the Alz- tion of employer) is amended— neration) is amended to read as follows: heimer’s Breakthrough Act of 2009. (A) by striking ‘‘In the case of’’ and insert- ‘‘(D) STOCK OPTION COMPENSATION.—The This critical bipartisan legislation ing: term ‘applicable employee remuneration’ passed the HELP Committee in 2007, ‘‘(1) IN GENERAL.—In the case of’’, and shall include any compensation deducted but it has yet to pass the Senate. My (B) by adding at the end the following new under subsection (q), and such compensation hope is that we can finish the job this paragraph: shall not qualify as performance-based com- year and finally get this legislation ‘‘(2) STOCK OPTIONS.—In the case of prop- pensation under subparagraph (C).’’. signed into law. erty transferred to a person in connection (b) EFFECTIVE DATE.—The amendment with the exercise of a stock option, any de- made by this section shall apply to stock op- Alzheimer’s’ disease is an alarming duction by the employer related to such tions exercised or granted after the date of and mounting crisis that we must ad- stock option shall be allowed only under sec- the enactment of this Act. dress. Today there are over five million tion 162(q) and paragraph (1) shall not Americans living with Alzheimer’s dis- apply.’’. SUMMARY OF THE ENDING EXCESSIVE COR- ease. That number is expected to triple (2) TREATMENT OF COMPENSATION PAID WITH PORATE DEDUCTIONS FOR STOCK OPTIONS by 2050 in a nation where ten million ACT STOCK OPTIONS.—Section 162 of such Code (re- Americans care for a sick family mem- lating to trade or business expenses) is SECTION 1—SHORT TITLE amended by redesignating subsection (q) as ber. ‘‘Ending Excessive Corporate Deductions We know a lot about Alzheimer’s dis- subsection (r) and by inserting after sub- for Stock Options Act’’ ease but it’s been 100 years since it was section (p) the following new subsection: SECTION 2—CONSISTENT TREATMENT OF STOCK ‘‘(q) TREATMENT OF COMPENSATION PAID first diagnosed, and we still have no OPTIONS BY CORPORATIONS WITH STOCK OPTIONS.— cure or proven ways to prevent the dis- Eliminates favored tax treatment of cor- ‘‘(1) IN GENERAL.—In the case of compensa- porate stock option deductions, in which cor- ease. Urgency is needed in developing tion for personal services that is paid with porations are currently allowed to deduct a better treatments and better assist- stock options, the deduction under sub- higher stock option compensation expense ance for families impacted by the dis- section (a)(1) shall not exceed the amount on their tax returns than shown on their fi- the taxpayer has treated as an expense with ease as the baby boom generation ages. nancial books—(1) creates a new corporate respect to such stock options for the purpose If nothing is done, Alzheimer’s will stock option deduction under a new tax code of ascertaining income, profit, or loss in a re- cost Medicare and Medicaid $19.89 tril- section 162(q) requiring the tax deduction to port or statement to shareholders, partners, lion between 2010 and 2050. be consistent with the book expense, and (2) or other proprietors (or to beneficiaries), and The Alzheimer’s Breakthrough Act of eliminates the existing corporate stock op- shall be allowed in the same period that the tion deduction under tax code section 83(h) 2009 responds to this crisis in four accounting expense is recognized. allowing excess deductions. ways. ‘‘(2) SPECIAL RULES FOR CONTROLLED Allows corporations to deduct stock option First, it doubles funding for Alz- GROUPS.—The Secretary shall prescribe rules compensation in the same year it is recorded heimer’s research at NIH to $2 billion for the application of paragraph (1) in cases on the company books, without waiting for for fiscal year 2010, making Alzheimer’s where the stock option is granted by a par- the options to be exercised. research a priority. Through this com- ent or subsidiary corporation (within the Makes a conforming change to the re- meaning of section 424) of the employer cor- search tax credit so that stock option ex- mitment, the bill gives researchers poration.’’. penses under that credit will match the de- adequate resources to make break- (b) CONSISTENT TREATMENT FOR RESEARCH ductions taken under the new tax code sec- throughs in diagnosis, prevention and TAX CREDIT.—Section 41(b)(2)(D) of the Inter- tion 162(q). intervention, bringing us closer to a nal Revenue Code of 1986 (defining wages for Authorizes Treasury to issue regulations cure. purposes of credit for increasing research ex- applying the new deduction to stock options Second, the bill creates the National penses) is amended by inserting at the end issued by a parent corporation to a subsidi- Summit on Alzheimer’s. This Summit the following new clause: ary’s employees. ‘‘(iv) SPECIAL RULE FOR STOCK OPTIONS.— Establishes a transition rule applying the will bring together the Nation’s best The amount which may be treated as wages new deduction to stock options exercised researchers, policymakers and public for any taxable year in connection with the after enactment, permitting deductions health professionals to discuss the issuance of a stock option shall not exceed under the old rule for options vested prior to most promising breakthroughs for sav- the amount allowed for such taxable year as adoption of Financial Accounting Standard ing lives and livelihood, and to gen- a compensation deduction under section (FAS) 123R (on expensing stock options) on erate priorities in moving forward in 162(q) with respect to such stock option.’’. June 15, 2005, and allowing a catch-up deduc- the fight against Alzheimer’s. (c) APPLICATION OF AMENDMENTS.—The tion in the first year after enactment for op- Third, the act enhances public health amendments made by this section shall tions that vested between adoption of FAS apply to stock options exercised after the 123R and the date of enactment. activities related to Alzheimer’s date of the enactment of this Act, except Makes no change to stock option com- through the CDC’s ‘‘Roadmap to Main- that— pensation rules for individuals, or for incen- taining Cognitive Health.’’

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7885 Finally, the Alzheimer’s Break- (2) An estimated 5,300,000 Americans have ice Act (42 U.S.C. 285e et seq.)), there are au- through Act provides family and care- Alzheimer’s disease and 1 in 10 individuals thorized to be appropriated $2,000,000,000 for giver support by expanding the Alz- has a family member with the disease. By fiscal year 2010, and such sums as may be heimer’s 24/7 call center, which pro- 2050, the number of individuals with the dis- necessary for each of fiscal years 2011 ease could reach 16,000,000 unless science through 2014. vides crisis assistance and referrals to finds a way to prevent or cure the disease. SEC. 102. PRIORITY TO ALZHEIMER’S DISEASE local community programs. The bill (3) One in 8 people over the age of 65, and RESEARCH. also expands the multilingual capacity nearly half of those over the age of 85 have Section 443 of the Public Health Service of the call center. Alzheimer’s disease. Younger people also get Act (42 U.S.C. 285e) is amended— America needs this legislation. Alz- the disease. (1) by striking ‘‘The general’’ and inserting heimer’s takes a toll on many victims. (4) The Alzheimer’s disease process may the following: The disease is awful for the person liv- begin in the brain as many as 20 years before ‘‘(a) IN GENERAL.—The general;’’ and the symptoms of Alzheimer’s disease appear. (2) by adding at the end the following: ing with it, emotionally and finan- ‘‘(b) PRIORITIES.—The Director of the Insti- cially draining for caregivers and it is An individual will live an average of 4 to 6 years, and as many as 20 years, once the tute shall, in expending amounts appro- now costing the nation $175 billion an- symptoms of Alzheimer’s disease appear. priated to carry out this subpart, give pri- nually, a number that could rise to $1 (5) In 2005, Medicare alone spent ority to conducting and supporting Alz- trillion annually by 2050. $91,000,000,000 for the care of individuals with heimer’s disease research.’’. We know the family of an Alz- Alzheimer’s disease and this amount is pro- SEC. 103. ALZHEIMER’S DISEASE PREVENTION heimer’s patient suffers gravely. The jected to increase to $160,000,000,000 in 2010. INITIATIVE. out-of-pocket cost of caring for an (6) Ninety-five percent of Medicare bene- Section 443 of the Public Health Service ficiaries with Alzheimer’s disease have one Act (42 U.S.C. 285e), as amended by section aging parent or spouse averages about 102, is further amended by adding at the end $5,500 a year for necessities like gro- or more other chronic conditions that are common in the elderly, such as coronary the following: ‘‘(c) PREVENTION TRIALS.—The Director of ceries, household goods and drugs and heart disease (26 percent), congestive heart the Institute shall increase the emphasis on medical copayments. If the care is failure (16 percent), diabetes (23 percent), and the need to conduct Alzheimer’s disease pre- long-distance, the cost could be up to chronic obstructive pulmonary disease (15 vention trials within the National Institutes $8,700 a year. Caregivers spend ten per- percent). of Health. cent of their household income caring (7) Seven in 10 individuals with Alzheimer’s ‘‘(d) NEUROSCIENCE INITIATIVE.—The Direc- disease live at home. Cost for care at home for a sick loved one who is suffering tor of the Institute shall ensure that Alz- is higher for people with Alzheimer’s disease from this terrible disease. heimer’s disease is maintained as a high pri- than other individuals. Almost all families Experts have told us ‘‘we will lose op- ority for the neuroscience initiative of the pay some out-of-pocket costs. portunities if we don’t move quickly’’ National Institutes of Health.’’. (8) Half of all nursing home residents have and that ‘‘we are at a crucial point SEC. 104. ALZHEIMER’S DISEASE CLINICAL RE- Alzheimer’s disease or a related disorder. SEARCH. where NIH funding can make a dif- The average annual cost of Alzheimer’s dis- ference.’’ We know about the long (a) CLINICAL RESEARCH.—Subpart 5 of part ease nursing home care is more than $77,000. C of title IV of the Public Health Service Act goodbye. Alzheimer’s is a disease that Medicaid pays half of the total nursing home (42 U.S.C. 285e et seq.) is amended by adding affects millions of Americans including bill and helps 2 out of 3 residents pay for at the end the following: their care. Medicaid expenditures for nursing our All-American President Ronald ‘‘SEC. 445J. ALZHEIMER’S DISEASE CLINICAL RE- Reagan and his beloved caregiver, First home care for people with Alzheimer’s dis- SEARCH. ease are estimated to increase from Lady Nancy Reagan. Now we need a re- ‘‘(a) IN GENERAL.—The Director of the In- $21,000,000,000 in 2005 to $24,000,000,000 in 2010. sponse supported by millions that will stitute, pursuant to section 444(d), shall con- (9) In fiscal year 2007, the Federal Govern- duct and support cooperative clinical re- lead to breakthroughs and ensure we ment spent an estimated $411,000,000 on Alz- are assisting patients and their fami- search regarding Alzheimer’s disease. Such heimer’s disease research. Over the next 40 research shall include— lies dealing with this disease on a daily years, Alzheimer’s disease-related costs to ‘‘(1) investigating therapies, interventions, basis. Medicare and Medicaid alone are projected and agents to detect, treat, slow the progres- Passage of the Alzheimer’s Break- to total $20,000,000,000,000 in constant dollars, sion of, or prevent Alzheimer’s disease; through Act of 2009 will help us ad- rising to over $1,000,000,000,000 per year by ‘‘(2) enhancing the national infrastructure vance the study and treatment of Alz- 2050. This amounts to less than a penny for the conduct of clinical trials on Alz- heimer’s to make a difference in the spent on Alzheimer’s disease research for heimer’s disease; each dollar that the Federal Government lives of millions of Americans and to ‘‘(3) developing and testing novel ap- spends on Alzheimer’s disease-related costs proaches to the design and analysis of such equip caregivers with the resources and each year. support services they need to care for trials; (10) It is estimated that the annual value ‘‘(4) facilitating the enrollment of patients their loved ones. This legislation is of the informal care system is $94,000,000,000. for such trials, including patients from di- critical to the American public and Family caregiving comes at enormous phys- verse populations; America’s future. We must act now. ical, emotional, and financial sacrifice, put- ‘‘(5) developing improved diagnostics and Mr. President, I ask unanimous con- ting the whole system at risk. means of patient assessment for Alzheimer’s sent that the text of the bill be printed (11) Almost 60 percent of caregivers of indi- disease; viduals with Alzheimer’s disease are women, in the RECORD. ‘‘(6) the conduct of clinical trials on poten- There being no objection, the text of and over one-fourth have children or grand- tial therapies, including readily available children under the age of 18 living at home. the bill was ordered to be printed in compounds such as herbal remedies and Caregiving leaves them less time for other other alternative treatments; the RECORD, as follows: family members and they are much more ‘‘(7) research to develop better methods of S. 1492 likely to report family conflicts because of early diagnosis, including the use of current Be it enacted by the Senate and House of Rep- their caregiving role. imaging techniques; and resentatives of the United States of America in (12) Most Alzheimer’s disease caregivers ‘‘(8) other research, as determined appro- Congress assembled, work outside the home before beginning priate by the Director of the Institute after SECTION 1. SHORT TITLE. their caregiving careers, but caregiving consultation with the Alzheimer’s disease This Act may be cited as the ‘‘Alzheimer’s forces them to miss work, cut back to part- centers and Alzheimer’s disease research Breakthrough Act of 2009’’. time, take less demanding jobs, choose early centers established under section 445. SEC. 2. FINDINGS. retirement, or give up work altogether. As a ‘‘(b) EARLY DIAGNOSIS AND DETECTION RE- Congress makes the following findings: result, in 2002, Alzheimer’s disease cost SEARCH.— (1) Alzheimer’s disease is a disorder that American business an estimated ‘‘(1) IN GENERAL.—The Director of the In- destroys cells in the brain. The disease is the $36,500,000,000 in lost productivity, as well as stitute, in consultation with the directors of leading cause of dementia, a condition that an additional $24,600,000,000 in business con- other relevant institutes and centers of the involves gradual memory loss, decline in the tributions to the total cost of care. National Institutes of Health, shall conduct, ability to perform routine tasks, disorienta- TITLE I—INCREASING THE FEDERAL COM- or make grants for the conduct of, research tion, difficulty in learning, loss of language MITMENT TO ALZHEIMER’S RESEARCH related to the early detection, diagnosis, and skills, impairment of judgment, and person- SEC. 101. DOUBLING NIH FUNDING FOR ALZ- prevention of Alzheimer’s disease and of ality changes. As the disease progresses, peo- HEIMER’S DISEASE RESEARCH. mild cognitive impairment or other poten- ple with Alzheimer’s disease become unable For the purpose of conducting and sup- tial precursors to Alzheimer’s disease. to care for themselves. The loss of brain cells porting research on Alzheimer’s disease (in- ‘‘(2) EVALUATION.—The research described eventually leads to the failure of other sys- cluding related activities under subpart 5 of in paragraph (1) may include the evaluation tems in the body. part C of title IV of the Public Health Serv- of diagnostic tests and imaging techniques.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7886 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(3) STUDY.—Not later than 1 year after National Institutes of Health and other Fed- ‘‘(b) CERTAIN ACTIVITIES.—Activities under the date of enactment of this section, the Di- eral health agencies, including the Centers subsection (a) shall include— rector of the Institute, in cooperation with for Disease Control and Prevention, the Ad- ‘‘(1) providing support for the dissemina- the heads of other relevant Federal agencies, ministration on Aging, the Agency for tion and implementation of the Roadmap to shall conduct a study, and submit to Con- Healthcare Research and Quality, and the Maintaining Cognitive Health of the Centers gress a report, to estimate the number of in- Health Resources and Services Administra- for Disease Control and Prevention to effec- dividuals with early-onset Alzheimer’s dis- tion, related to research, prevention, and tively mobilize the public health community ease (those diagnosed before the age of 65) treatment of Alzheimer’s disease. into action; and related dementias in the United States, (b) PARTICIPANTS.—The summit convened ‘‘(2) the development of coordinated public the causes of early-onset dementia, and the under subsection (a) shall include research- education programs, services, and dem- unique problems faced by such individuals, ers, representatives of academic institutions, onstrations which are designed to increase including problems accessing government Federal and State policymakers, public general awareness of cognitive function and services. health professionals, and representatives of promote a brain healthy lifestyle; ‘‘(c) VASCULAR DISEASE.—The Director of voluntary health agencies as participants. ‘‘(3) the development of targeted commu- the Institute, in consultation with the direc- (c) FOCUS AREAS.—The summit convened nication strategies and tools to educate tors of other relevant institutes and centers under subsection (a) shall focus on— health professionals and service providers of the National Institutes of Health, shall (1) a broad range of Alzheimer’s disease re- about the early recognition, diagnosis, care, conduct, or make grants for the conduct of, search activities relating to biomedical re- and management of Alzheimer’s disease and research related to the relationship of vas- search, prevention research, and caregiving other dementias, and to provide consumers cular disease and Alzheimer’s disease, in- issues; with information about interventions, prod- cluding clinical trials to determine whether (2) clinical research for the development ucts, and services that promote cognitive drugs developed to prevent cerebrovascular and evaluation of new treatments for Alz- health and assist consumers in maintaining disease can prevent the onset or progression heimer’s disease; current understanding about cognitive of Alzheimer’s disease. (3) translational research on evidence- health based on the best science available; ‘‘(d) TREATMENTS AND PREVENTION.—The based and cost-effective best practices in the and Director of the Institute shall place special treatment and prevention of Alzheimer’s dis- ‘‘(4) providing support for the collection, emphasis on expediting the translation of re- ease; publication, and analysis of data and the search findings under this section into effec- (4) information and education programs for prevalence and incidence of cognitive health, tive treatments and prevention strategies for health care professionals and the public re- Alzheimer’s disease, and other dementias, individuals at risk of Alzheimer’s disease and lating to Alzheimer’s disease; and the evaluation of existing population- other dementias. (5) priorities among the programs and ac- based surveillance systems (such as the Be- ‘‘(e) NATIONAL ALZHEIMER’S COORDINATING tivities of the various Federal agencies re- havioral Risk Factors Surveillance Survey CENTER.—The Director of the Institute may garding Alzheimer’s disease and other de- (BRFSS) and the National Health Interview establish a National Alzheimer’s Coordi- mentias; and Survey (NHIS)) to identify limitations that nating Center to facilitate collaborative re- (6) challenges and opportunities for sci- exist in the area of cognitive health, and if search among the Alzheimer’s Disease Cen- entists, clinicians, patients, and voluntary necessary, the development of a surveillance ters and Alzheimer’s Disease Research Cen- organizations relating to Alzheimer’s dis- system for cognitive decline, including Alz- ters established under section 445.’’. ease. heimer’s disease and other dementias. (b) ALZHEIMER’S DISEASE CENTERS.—Sec- (d) REPORT.—Not later than 180 days after ‘‘(c) GRANTS.—The Secretary may award tion 445(a)(1) of the Public Health Service the date on which the summit is convened grants under this section— Act (42 U.S.C. 285e–2(a)(1)) is amended by in- under subsection (a), the Director of the Na- ‘‘(1) to State and local health agencies for serting ‘‘, outcome measures, and disease tional Institutes of Health shall prepare and the purpose of— management,’’ after ‘‘treatment methods’’. submit to the appropriate committees of ‘‘(A) coordinating activities related to cog- SEC. 105. RESEARCH ON ALZHEIMER’S DISEASE Congress a report that includes a summary nitive health, Alzheimer’s disease, and other CAREGIVING. of the proceedings of the summit and a de- dementias with existing State-based health Section 445C of the Public Health Service scription of Alzheimer’s disease research, programs and community-based organiza- Act (42 U.S.C. 285e–5) is amended— education, and other activities that are con- tions; (1) by striking ‘‘SEC. 445C. RESEARCH PRO- ducted or supported through the National In- ‘‘(B) providing Alzheimer’s disease edu- GRAM AND PLAN (a)’’ and inserting the fol- stitutes of Health. cation and training opportunities and pro- lowing: (e) PUBLIC INFORMATION.—The Secretary grams for health professionals; and ‘‘SEC. 445C. RESEARCH ON ALZHEIMER’S DISEASE shall make readily available to the public in- ‘‘(C) developing, testing, evaluating, and SERVICES AND CAREGIVING. formation about the research, education, and replicating effective Alzheimer’s disease ‘‘(a) SERVICES RESEARCH.—’’; other activities relating to Alzheimer’s dis- intervention programs to maintain or im- (2) by striking subsections (b), (c), and (e); ease and other related dementias, that are prove cognitive health; and (3) by inserting after subsection (a) the fol- conducted or supported by the National In- ‘‘(2) to nonprofit private health organiza- lowing: stitutes of Health. tions with expertise in providing care and ‘‘(b) INTERVENTIONS RESEARCH.—The Direc- TITLE II—PUBLIC HEALTH PROMOTION services to individuals with Alzheimer’s dis- tor of the Institute shall, in collaboration AND PREVENTION OF ALZHEIMER’S DIS- ease for the purpose of— with the directors of the other relevant in- EASE ‘‘(A) disseminating information to the pub- stitutes and centers of the National Insti- lic; SEC. 201. ENHANCING PUBLIC HEALTH ACTIVI- ‘‘(B) testing model intervention programs tutes of Health, conduct, or make grants for TIES RELATED TO COGNITIVE the conduct of, clinical, social, and behav- HEALTH, ALZHEIMER’S DISEASE, to improve cognitive health; and ioral research related to interventions de- AND OTHER DEMENTIAS. ‘‘(C) coordinating existing services related signed to help caregivers of patients with Part P of title III of the Public Health to cognitive health, Alzheimer’s disease, and Alzheimer’s disease and other dementias and Service Act (42 U.S.C. 280g et seq.) is amend- other dementias with State-based health improve patient outcomes.’’; ed— programs. (4) by redesignating subsection (d) as sub- (1) by redesignating the second and third ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— section (c); and sections 399R as sections 399S and 399T, re- For the purpose of carrying out this section, (5) in subsection (c) (as redesignated by spectively; and there are authorized to be appropriated paragraph (4)), by striking ‘‘the Director’’ (2) by adding at the end the following: $15,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years and inserting ‘‘MODEL CURRICULA AND TECH- ‘‘SEC. 399U. ALZHEIMER’S DISEASE PUBLIC EDU- NIQUES.—The Director’’. CATION CAMPAIGN. 2011 through 2014.’’. SEC. 106. NATIONAL SUMMIT ON ALZHEIMER’S ‘‘(a) IN GENERAL.—The Secretary, acting TITLE III—ASSISTANCE FOR CAREGIVERS DISEASE. through the Director of the Centers for Dis- SEC. 301. ALZHEIMER’S CALL CENTER. (a) IN GENERAL.—Not later than 3 years ease Control and Prevention, shall directly Part P of title III of the Public Health after the date of enactment of this Act, and or through grants, cooperative agreements, Service Act (42 U.S.C. 280g et seq.), as every 3 years thereafter, the Secretary of or contracts to eligible entities— amended by section 201, is further amended Health and Human Services (referred to in ‘‘(1) conduct, support, and promote the co- by adding at the end the following: this section as the ‘‘Secretary’’) shall con- ordination of research, investigations, dem- ‘‘SEC. 399V. ALZHEIMER’S CALL CENTER. vene a National Summit on Alzheimer’s Dis- onstrations, training, and studies relating to ‘‘(a) IN GENERAL.—The Secretary, acting ease to— the control, prevention, and surveillance of through the Administration on Aging, shall (1) provide a detailed overview of current the risk factors associated with cognitive award a cooperative grant to a non-profit or research activities relating to Alzheimer’s health, Alzheimer’s disease, and other de- community-based organization to support disease at the National Institutes of Health; mentias; and the establishment and operation of an Alz- and ‘‘(2) seek early recognition of, and early heimer’s Call Center that is accessible 24 (2) discuss and solicit input related to po- intervention in the course of, Alzheimer’s hours a day, 7 days a week, at the national tential areas of collaboration between the disease and other dementias. and local levels, to provide expert advice,

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7887 care consultation, information, and referrals ‘‘(A) engage in activities that support eran. Moreover, the Kentucky Depart- regarding Alzheimer’s disease. early detection and diagnosis of Alzheimer’s ment of Veterans of Foreign Wars had ‘‘(b) ACTIVITIES.—The Alzheimer’s Call disease and other dementias; the very same idea and endorsed the Center established under subsection (a) ‘‘(B) provide training about how Alz- proposal during its recent state con- shall— heimer’s disease can affect behavior and im- ‘‘(1) collaborate with the Administration pede communication in medical and commu- vention. I’m just pleased that as a Ken- on Aging in the development, modification, nity settings to— tucky Senator, I am in a position to and execution of the Call Center’s work plan; ‘‘(i) medical personnel, including hospital make it happen. ‘‘(2) assist the Administration on Aging in staff, emergency room personnel, home I can’t think of a more appropriate developing and sustaining collaborations be- health care workers and physician office person to name the facility after than tween the Call Center, the Eldercare Locator staff; Robley Rex. And I can’t think of a of the Administration of Aging, and the ‘‘(ii) rehabilitation services providers; and more appropriate source for the idea grantees under the Alzheimer’s disease dem- ‘‘(iii) caregivers of individuals with Alz- than the Kentucky veterans commu- onstration program under subpart II of part heimer’s disease; K; ‘‘(C) develop guidelines to provide the med- nity. ‘‘(3) provide a 24 hours a day, 7 days a week ical community with up-to-date information The new VAMC will be vital to Ken- toll-free call center with trained professional about the best methods of care for individ- tucky’s veterans, as well as to Louis- staff who are available to provide care con- uals with Alzheimer’s disease; ville’s economy. Once complete, the sultation and crisis intervention to individ- ‘‘(D) inform community physicians about VA hospital will ensure that the men uals with Alzheimer’s disease and other de- available resources to assist the physician in and women who served our country mentias, their family and informal care- detecting and managing Alzheimer’s disease; will receive the quality health care givers, and others as appropriate; and ‘‘(4) be accessible by telephone through a they deserve. ‘‘(E) raise awareness among community That devotion to ensuring quality single toll-free telephone number, website, physicians about the availability of commu- and e-mail address; and nity-based organizations which can assist in- care to our veterans is exemplified in ‘‘(5) evaluate the impact of the Call Cen- dividuals with Alzheimer’s disease and their the life and service of Robley Rex. How ter’s activities and services. caregivers; fitting that his fellow veterans—so ‘‘(c) MULTILINGUAL CAPACITY.—The Call ‘‘(7) to encourage grantees under this sec- many of whom knew Robley personally Center established under this section shall tion to engage in activities that use findings from his countless hours of volunteer have a multilingual capacity and shall re- from evidence-based research on service service—will see his name above the spond to inquiries in at least 140 languages models and techniques to support individuals through its own bilingual staff and with the door. with Alzheimer’s disease and their care- Finally, I note that this is bipartisan use of a language translation service. givers; and ‘‘(d) RESPONSE TO EMERGENCY AND ONGOING ‘‘(8) to encourage grantees under this sec- legislation. It enjoys the support of NEEDS.—The Call Center established under tion to incorporate best practices for effec- Representatives JOHN YARMUTH and this section shall collaborate with commu- tively serving individuals with Alzheimer’s BEN CHANDLER in the other chamber. I nity-based organizations, including non-prof- disease in community-based settings into ask my colleagues to support this leg- it agencies and organizations, to ensure systems initiatives and long-term care ac- local, on-the-ground capacity to respond to islation. tivities.’’. emergency and on-going needs of individuals Mr. President, I ask unanimous con- with Alzheimer’s disease and other demen- sent that the text of the bill be printed By Mr. MCCONNELL: in the RECORD. tias, their families, and informal caregivers. S. 1493. A bill to designate the cur- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— There being no objection, the text of rent and future Department of Vet- For the purpose of carrying out this section, the bill was ordered to be printed in erans Affairs Medical Center in Louis- there are authorized to be appropriated the RECORD, as follows: $1,000,000 for fiscal year 2010, and such sums ville, Kentucky, as the ‘‘Robley Rex as may be necessary for each of fiscal years Department of Veterans Affairs Med- S. 1493 2011 through 2014.’’. ical Center’’; to the Committee on Vet- Be it enacted by the Senate and House of Rep- SEC. 302. INNOVATIVE ALZHEIMER’S CARE STATE erans’ Affairs. resentatives of the United States of America in Congress assembled, MATCHING GRANT PROGRAM. Mr. MCCONNELL. Mr. President, I (a) AUTHORIZATION OF APPROPRIATIONS.— rise today to introduce legislation to SECTION 1. DESIGNATION OF ROBLEY REX DE- Section 398B(e) of the Public Health Service PARTMENT OF VETERANS AFFAIRS Act (42 U.S.C. 280c–5(e)) is amended— honor a Kentuckian who is a true MEDICAL CENTER. (1) by striking ‘‘and such’’ and inserting American hero: Robley Henry Rex. (a) DESIGNATION.—The Department of Vet- ‘‘such’’; and When Robley passed away in April of erans Affairs Medical Center in Louisville, (2) by inserting before the period the fol- this year just a few days shy of his Kentucky, and any successor to such medical lowing: ‘‘, $25,000,000 for fiscal year 2010, and 108th birthday, he was recognized center, shall after the date of the enactment such sums as may be necessary for each of across my State as Kentucky’s last of this Act be known and designated as the fiscal years 2011 through 2014’’. World War I-era veteran and hailed as ‘‘Robley Rex Department of Veterans Affairs (b) PROGRAM EXPANSION.—Section 398(a) of a champion of his fellow service mem- Medical Center’’. the Public Health Service Act (42 U.S.C. bers. (b) REFERENCES.—Any reference in any law, regulation, map, document, record, or 280c–3(a)) is amended— Ninety years ago, Robley bravely put (1) in paragraph (2), by inserting after other paper of the United States to the med- ‘‘other respite care’’ the following: ‘‘and care on his country’s uniform and left ical center referred to in subsection (a) shall consultation, including assessment of needs, Christian County, KY, where he was be considered to be a reference to the Robley assistance with planning and problem solv- born and raised, to patrol the hills of Rex Department of Veterans Affairs Medical ing, and providing supportive listening,’’; France in the immediate aftermath of Center. (2) in paragraph (3), by striking ‘‘; and’’ and what was then called The Great War. inserting the following: ‘‘, and individuals in After leaving the Army in 1922, he re- By Ms. CANTWELL (for herself frontier areas (in this subsection, defined as turned to the Commonwealth. and Mrs. MURRAY): areas with 6 or fewer people per square mile In the years following his Army serv- S. 1497. A bill to amend the Internal or areas in which residents must travel at ice, Robley began volunteering at the Revenue Code of 1986 to allow tax-ex- least 60 minutes or 60 miles to receive health empt bond financing for fixed-wing care services);’’; Louisville Veterans Affairs Medical (3) in paragraph (4), by striking the period Center, VAMC. He would go on to de- emergency medical aircraft; to the at the end and inserting a semicolon; and vote over 14,000 hours of service, right Committee on Finance. (4) by adding at the end the following: up until the last years of his long and Ms. CANTWELL. Mr. President, I ‘‘(5) to encourage grantees under this sec- productive life. rise to introduce legislation that will tion to coordinate activities with other My legislation would name the cur- remove an unintended obstacle in the State officials administering efforts to pro- rent VA hospital in Louisville after tax-exempt bond rules so that states mote long-term care options that enable Robley Rex. It also ensures that when can use these bonds to finance the pur- older individuals to receive long-term care in a new VAMC is built, that future facil- chase of fixed-wing air ambulances in home- and community-based settings, in a the same way they can now use them manner responsive to the needs and pref- ity will also bear his name. erences of older individuals and their family The idea to name this facility after to finance the purchase of medical heli- caregivers; Kentucky’s pre-eminent volunteer on copters. ‘‘(6) to encourage grantees under this sec- behalf of veterans came from a con- The difference between a medical hel- tion to— stituent of mine, himself also a vet- icopter and a fixed wing air ambulance

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7888 CONGRESSIONAL RECORD — SENATE July 22, 2009 may seem minor to some, but if you need to ensure that folks in our rural cality of this technology has been driv- live in a remote area the difference can and remote areas have access to needed en home by the Pew Center on Global be as big as life or death. medical services. Climate Change which has pointed out Air medical services, AMS, are an es- Inland Northwest Health Services, that ‘‘carbon capture and storage, CCS, sential component of the health care INHS, is a non-profit organization that is the key enabling technology for a fu- system. When appropriately used, air provides critical health care support ture in which we can continue to use critical care transport saves lives and services in the Inland Northwest, in- our vast coal resources and protect the reduces the cost of health care by mini- cluding air ambulance services through climate.’’ And former British Prime mizing the time the critically injured Northwest MedStar. INHS is based in Minister Tony Blair stated in Novem- and ill spend out of a hospital, by Spokane, Washington, and provides ber, 2008, that ‘‘the vast majority of bringing more medical capabilities to health care services in Eastern Wash- new power stations in China and India the patient than are normally provided ington, Eastern Oregon, Northern will be coal fired; not ‘‘may be coal by ground emergency medical services, Idaho, and Western Montana. Unfortu- fired’’- will be. So developing carbon and by quickly getting the patient to nately, this unintended restriction in capture and storage technology is not the right specialty care. Dedicated the tax code is preventing INHS from optional, it is literally the essence.’’ medical helicopters and fixed wing air- asking the appropriate state authori- The commercial deployment of CCS craft are mobile flying emergency in- ties to issue tax-exempt bonds to fi- will require further large-scale devel- tensive care units deployed at a mo- nance the purchase of new fixed-wing opment and demonstration of the tech- ment’s notice to patients whose lives planes for air ambulance service. nology. Just as important, however, it depend on rapid care and transport. The legislation that I am introducing will also require a well thought out ap- In remote rural areas, the use of heli- with Senator MURRAY is a common- proach to address the risk and liability copters often is impractical and unsafe sense fix to this problem, and I hope we of injecting large volumes of CO2 into because of the long distances that pa- can address it quickly. geological formations, such as saline tients must be transported, sometimes Mr. President, I ask unanimous con- aquifers, depleted oil and gas fields, during poor weather conditions. In sent that the text of the bill be printed and unminable coal seams, where it these situations, the better alternative in the RECORD. will be permanently stored. is a fixed-wing aircraft. There being no objection, the text of The risk of geological CO2 storage, Both helicopters and fixed wing air- the bill was ordered to be printed in also commonly known as carbon se- craft cost millions of dollars to pur- the RECORD, as follows: questration, is considered small. In chase or lease, operate, house and S. 1497 fact, CO2 has been safely injected into oil and gas fields to enhance the recov- maintain. But under the way that the Be it enacted by the Senate and House of Rep- tax-exempt bond rules currently work, resentatives of the United States of America in ery of these hydrocarbons for decades states are prohibited from using these Congress assembled, without incident. While the potential bonds to finance air ambulance serv- SECTION 1. TAX-EXEMPT BOND FINANCING FOR for CO2 to leak to the surface and cause ices in rural areas, even though they FIXED-WING EMERGENCY MEDICAL human or ecological harm in a well de- can use these bonds for helicopters. AIRCRAFT. signed and operated carbon sequestra- This result was not what Congress in- (a) IN GENERAL.—Subsection (e) of section tion project is minimal, the financial tended, and our bill would make that 147 of the Internal Revenue Code of 1986 (reliability associated with this risk is lating to no portion of bonds may be issued clear. for skyboxes, airplanes, gambling establish- uncertain given the huge disparity be- Under current law, tax-exempt bonds ments, etc.) is amended by adding at the end tween the typical lifetime of a firm op- can not be issued for the purchase of the following new sentence: ‘‘The preceding erating a storage facility and the need any ‘‘airplane, skybox or other privacy sentence shall not apply to any fixed-wing to ensure the safe storage of CO2 in per- luxury box, health club facility, facil- aircraft equipped for, and exclusively dedi- petuity. This uncertainty can cause a ity primarily used for gambling, or cated to providing, acute care emergency chilling effect on private sector invest- store the principal business of which is medical services (within the meaning of ment in CCS. the sale of alcoholic beverages for con- 4261(g)(2)).’’ The purpose of this act is to create a (b) EFFECTIVE DATE.—The amendment program for managing the financial sumption off premises.’’ The restric- made by this section shall apply to obligations were enacted in order to prevent tions issued after the date of the enactment risk, or liability, of the long-term stor- tax-exmpt bonds to be used for frivo- of this Act. age of CO2 . This program will offer the lous or extravagant purposes. Unfortu- private sector with a framework for nately, the law has been interpreted to By Mr. CASEY (for himself and how legal and financial responsibilities exclude the purchase of new fixed-wing Mr. ENZI): for commercial carbon storage oper- planes to provide air ambulance serv- S. 1502. A bill to establish a program ations will be addressed. Moreover, it ices, but the purchase of helicopters— to be managed by the Department of will provide a strong incentive to in- which are not airplanes—is permitted. Energy to ensure prompt and orderly dustry to manage and reduce risk by This result is not what was intended compensation for potential damages deploying carbon sequestration in the by the restrictions and our bill would relating to the storage of carbon diox- safest possible manner. simply make it clear that the general ide in geological storage units; to the Specifically, the act will require the restriction against the use of tax-ex- Committee on Energy and Natural Re- owner or operator of a commercial CO2 empt bonds for purchasing an airplane sources. storage facility to self insure or obtain does not apply in the case of planes Mr. CASEY. Mr. President, I rise private insurance or other types of fi- that are equipped for and exclusively today on behalf of myself and my col- nancial assurance to cover liability dedicated to emergency medical serv- league Senator ENZI of Wyoming to in- claims during the CO2 injection phase ices. troduce the Carbon Storage Steward- of the project and for an extended pe- There is supporting precedent in dis- ship Trust Fund Act of 2009. This bill riod of time after injection has tinguishing planes for air ambulance will encourage the commercial deploy- stopped. After the operator has re- services different than other airplanes. ment of technology that will allow for ceived a site closure certificate from The air transportation excise tax pro- the continued use of our Nation’s vast the appropriate regulatory agency, the vides an exemption for air transpor- coal resources to produce economical act would then convey stewardship for tation that is used to provide ‘‘emer- and reliable power while at the same the long-term management of the site gency medical services . . . by a fixed- time mitigating the impact of climate to the U.S. Department of Energy. The wing aircraft equipped for and exclu- change. State where the storage facility is lo- sively dedicated on that flight to acute The capture and storage of carbon dicated may request to take on steward- care emergency medical services.’’ oxide from power generation facilities ship for the site from the Department This issue hits close to home for me and large industrial sources is a crit- of Energy. The act will also create a and my colleagues who are joining me ical component of both U.S. and inter- trust fund from fees paid by storage fa- on this legislation, but we are cer- national policy to reduce global emis- cility operators on a per ton of CO2 in- tainly not alone with respect to the sions of greenhouse gases. The criti- jected basis that will be used to pay for

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7889 claims for damages made after storage (3) CARBON DIOXIDE STORAGE FACILITY.—The (2) APPROVAL OF REQUEST.—If the Sec- facility stewardship is transferred to term ‘‘carbon dioxide storage facility’’ retary approves a request under paragraph the Federal government. means a facility that receives and perma- (1), the State shall be responsible for the In summary, this act will give the nently stores or sequesters carbon dioxide long-term stewardship of the applicable car- private sector the certainty they need within a geological storage unit, including bon dioxide storage facility beginning on the carbon dioxide permanently stored as a re- date of the approval in accordance with ap- regarding the longterm stewardship of sult of enhanced hydrocarbon recovery. plicable Federal and State laws (including CO2 storage facilities. Just as impor- (4) CERTIFICATE OF CLOSURE.—The term regulations). tant, it will strongly encourage the ‘‘certificate of closure’’ means a determina- (3) FAILURE TO ACT BY STATE.—In accord- safe and responsible operation of these tion issued by the Administrator or other ance with any regulations established under facilities while ensuring the prompt Federal or State regulatory authority with paragraph (1), if the Secretary determines and orderly compensation for damages respect to a carbon dioxide storage facility that a State that has accepted management or harm to humans, to the environ- that certifies that the operator of the carbon responsibilities under paragraph (1) has ment, and to natural resources, should dioxide storage facility has completed injec- failed to carry out the responsibilities of the they occur, from the injection and tion operations, well closure, and any re- State with respect to the carbon dioxide quired monitoring and remediation to ensure storage of CO in geological forma- storage facility, the Secretary shall assume 2 that any carbon dioxide injected into a geo- long-term stewardship of the carbon dioxide tions. logical storage unit would not harm or storage facility as soon as practicable after I urge all of my colleagues to join present a risk to human health, safety, and the date of the determination. Senator ENZI and me in support of this the environment, including drinking water (c) STANDARDS.—The Secretary, in coordi- act so that a clear signal is given about supplies. nation with the Administrator, shall estab- our commitment to the development, (5) CIVIL CLAIM.—The term ‘‘civil claim’’ lish standards for any monitoring, measure- demonstration, and ultimately, the means a claim, cause of action, lawsuit, ment, verification, and site remediation ac- widespread commercial deployment of judgment, court order, administrative order, tivities necessary to protect health, safety, CCS technology as a key component of government or agency order, fine, penalty, and the environment during long-term stew- or notice of violation, for civil relief with re- the Nation’s strategy to reduce emis- ardship performed by a State or the Federal spect to damages or harm to persons, prop- Government. sions of CO2. erty, or natural resources from the injection (d) COORDINATION WITH ADMINISTRATOR.—If Mr. President, I ask unanimous con- of carbon dioxide by a carbon dioxide storage long-term stewardship is vested with the sent that the text of the bill be printed facility. Secretary, the Secretary may coordinate rein the RECORD. (6) DAMAGE.— sponsibility for site monitoring, measure- There being no objection, the text of (A) IN GENERAL.—The term ‘‘damage’’ ment, verification, and remediation and re- the bill was ordered to be printed in means any direct or indirect damage or harm lated activities with the Administrator. the RECORD, as follows: to persons, property, or natural resources SEC. 5. CARBON STORAGE STEWARDSHIP AND S. 1502 from the injection of carbon dioxide into ge- TRUST FUND PROGRAM. ological storage units. (a) IN GENERAL.—There is established in Be it enacted by the Senate and House of Rep- (B) INCLUSIONS.—The term ‘‘damage’’ in- the Department of Energy the Carbon Stor- resentatives of the United States of America in cludes personal injury, sickness, real or per- age Stewardship and Trust Fund Program. Congress assembled, sonal property damage, natural resource (b) LIABILITY ASSURANCE REQUIRED FOR OP- SECTION 1. SHORT TITLE. damage, trespass, subsidence losses, revenue ERATORS OF COMMERCIAL CARBON DIOXIDE This Act may be cited as the ‘‘Carbon Stor- losses, and loss of profits. STORAGE FACILITIES.—Notwithstanding any age Stewardship Trust Fund Act of 2009’’. (7) ENHANCED HYDROCARBON RECOVERY.— other provision of Federal or State law, in SEC. 2. PURPOSES. The term ‘‘enhanced hydrocarbon recovery’’ carrying out the Program, the Secretary The purposes of this Act are— means the use of carbon dioxide to improve shall require operators of carbon dioxide (1) to promote the commercial deployment or enhance the recovery of oil or natural gas storage facilities to maintain adequate li- of carbon capture and storage as an essential from oil or natural gas fields. ability assurance during the active project component of a national climate mitigation (8) FUND.—The term ‘‘Fund’’ means the period. strategy; Carbon Storage Trust Fund established by (c) FEES.— (2) to require private liability assurance section 5(d)(1). (1) IN GENERAL.—In carrying out the Pro- during the active project period of a carbon (9) GEOLOGICAL STORAGE UNIT.—The term gram, the Secretary shall require operators dioxide storage facility; ‘‘geological storage unit’’ includes saline for- of carbon dioxide storage facilities to pay a (3) to establish a Federal trust fund con- mations, hydrocarbon formations, basalt for- risk-based fee, in an amount to be estab- sisting of amounts received as fees from op- mations, salt caverns, unmineable coal lished in accordance with paragraph (2), for erators of carbon dioxide storage facilities; seams, or any other geological formation ca- each ton of carbon dioxide injected by the (4) to establish a limit on liability for dam- pable of permanently storing carbon dioxide. carbon dioxide storage facility into geologi- ages caused by injection of carbon dioxide by (10) LIABILITY ASSURANCE.—The term ‘‘li- cal storage units during the operation phase carbon dioxide storage facilities subject to ability assurance’’ means privately funded of the facility. certificates of closure; financial mechanisms, including third-party (2) AMOUNT.— (5) to establish a program— insurance, self-insurance, performance (A) IN GENERAL.—As soon as practicable (A) to certify the closure of commercial bonds, trust funds, letters of credit, and sur- after the date of enactment of this Act and carbon dioxide storage facilities; and ety bonds. after taking into account the criteria de- (B) to provide for the transfer of long-term (11) LONG-TERM STEWARDSHIP.—The term scribed in subparagraph (B), the Secretary stewardship to the Federal Government for ‘‘long-term stewardship’’ means the moni- shall establish— carbon dioxide storage facilities on the toring, measurement, verification, and reme- (i) the minimum and maximum balance for issuance of certificates of closure for the fa- diation and related activities associated the Fund; and cilities; with a carbon dioxide storage facility after (ii) the amount of the fee required under (6) to provide for the prompt and orderly issuance of a certificate of closure. paragraph (1). compensation for damages relating to the (12) PROGRAM.—The term ‘‘Program’’ (B) CRITERIA.—The criteria referred to in storage of carbon dioxide; and means the Carbon Storage Stewardship and subparagraph (A) are— (7) to protect the environment and public Trust Fund Program established by section (i) the estimated quantity of carbon diox- by providing long-term stewardship of geo- 5(a). ide to be injected annually into geological logical storage units. (13) SECRETARY.—The term ‘‘Secretary’’ storage units by all operating commercial SEC. 3. DEFINITIONS. means the Secretary of Energy. carbon dioxide storage facilities; In this Act: SEC. 4. LONG-TERM STEWARDSHIP RESPONSI- (ii) the likelihood or risk of an incident re- (1) ACTIVE PROJECT PERIOD.—The term ‘‘ac- BILITY. sulting in liability; tive project period’’ means the phases of the (a) IN GENERAL.—Subject to subsection (b), (iii) the likely dollar value of any damages carbon dioxide storage facility through re- the Secretary shall be responsible for the relating to an incident; ceipt of a certificate of closure, including— long-term stewardship of a carbon dioxide (iv) other factors relating to the risk of the (A) the siting and construction of the facil- storage facility on the issuance of a certifi- carbon dioxide storage facility and associ- ity; cate of closure for the carbon dioxide storage ated geological storage unit; and (B) carbon dioxide injection; facility. (v) impact on commercial and economic vi- (C) well capping; (b) TRANSFER TO STATE.— ability of carbon dioxide storage facilities. (D) facility decommissioning; and (1) IN GENERAL.—A State may request that (C) CONSIDERATIONS.—In establishing the (E) geological storage unit monitoring, the management responsibilities associated amount of the fee under subparagraph (A)(ii), measurement, verification, and remediation. with long-term stewardship of a carbon diox- the Secretary may consider using a fee sys- (2) ADMINISTRATOR.—The term ‘‘Adminis- ide storage facility located in the State be tem that is based on the level of risk associ- trator’’ means the Administrator of the En- transferred to the State in accordance with ated with a specific geological storage unit vironmental Protection Agency. regulations established by the Secretary. to provide an incentive for the selection and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7890 CONGRESSIONAL RECORD — SENATE July 22, 2009 operation of the best carbon dioxide storage ligent or that constitutes intentional mis- Stewardship Trust Fund Act of 2009 re- facilities. conduct, as determined by the Secretary. quires companies injecting CO2 into the (D) ENHANCED HYDROCARBON RECOVERY.— (E) PROCEDURES FOR ADJUDICATION OF ground to obtain private liability in- The Secretary shall determine the most ap- CLAIMS.—Claims of damage brought under surance for a period of time. After the propriate approach for charging a fee on the subparagraph (A)(i) relating to carbon diox- quantity of carbon dioxide injected into oil ide in a carbon dioxide storage facility sub- CO2 is injected and the injection site is and gas fields, after taking into consider- ject to a certificate of closure shall be— certified as closed by the Federal Gov- ation— (i) filed in the United States Court of Fed- ernment, liability for the CO2 is trans- (i) the quantity of carbon dioxide that is eral Claims; and ferred to the Federal Government. permanently stored; (ii) adjudicated in accordance with proce- To cover any claims that may arise (ii) whether or not the enhanced hydro- dures established by the United States Court from damages caused by the injected carbon recovery operation is also being oper- of Federal Claims. CO2, the bill sets up a Federal trust ated as a carbon dioxide storage facility; and (3) INITIAL FUNDING.— fund that is paid for through a small (iii) any other factors that the Secretary (A) IN GENERAL.—If sufficient amounts are fee charged for each ton of CO2 that is determines to be appropriate. not available in the Fund to cover potential injected. Additionally, it provides a (E) REVIEW AND ADJUSTMENT.—The Sec- claims during the first years of the Program, retary shall, on at least an annual basis, re- the Secretary may request from the Sec- method for compensation for those view the Fund balance— retary of the Treasury an interest-bearing damages. (i) to ensure that there are sufficient advance in funding from the Treasury to While this legislation is far from ev- amounts in the Fund to make the payments carry out the Program, subject to subpara- erything we need to make commercial required under subsection (d)(3)(A); and graph (B). CCS a reality, it is an important step (ii) to determine whether or not to in- (B) TERMS AND CONDITIONS.—The terms and and answers an important question crease or decrease the amount, or dis- conditions for the repayment of an advance about long-term liability of CO2. I ap- continue collection, of the fee, after taking under subparagraph (A) shall be specified by preciate Senator CASEY’s leadership on into consideration— the Secretary of the Treasury. this issue and look forward to working (I) the annual quantity of carbon dioxide SEC. 6. LIMITATION ON CIVIL CLAIMS. with him and other Members of the injected by carbon dioxide storage facilities; (a) IN GENERAL.—Except as provided in (II) the number and estimated value of subsection (b), on issuance of a certificate of Senate to move this legislation for- claims against the Fund; and closure, a civil claim or claim for the per- ward. (III) any other relevant factors, as deter- formance of long-term stewardship respon- mined by the Secretary. sibilities under applicable Federal and State Mr. SPECTER: (3) DEPOSIT.—Notwithstanding section 3302 law, may not be brought against— S. 1504. A bill to provide that Federal of section 31, United States Code, the fees (1) the operator or owner of the carbon di- courts shall not dismiss complaints collected under paragraph (1) shall be depos- oxide storage facility subject to the certifi- under rule 12(b)(6) or (e) of the Federal ited in the Fund. cate of closure; Rules of Civil Procedure, except under (d) CARBON STORAGE TRUST FUND.— (2) the generator of the carbon dioxide the standards set forth by the Supreme (1) ESTABLISHMENT.—There is established stored in the applicable geological storage Court of the United States in Conley v. in the Treasury of the United States a reunit; or Gibson, 355 U.S. 41 (1957); to the Com- volving fund, to be known as the ‘‘Carbon (3) the owner or operator of the pipeline mittee on the Judiciary. Storage Trust Fund’’, consisting of such used to transport the carbon dioxide to the carbon dioxide storage facility subject to the Mr. SPECTER. Mr. President, I seek amounts as are deposited under subsection recognition to speak on legislation I (c)(3). certificate of closure. XCEPTION am introducing that will restore the (2) USE OF FUND.— (b) E .—Subsection (a) shall not apply in the case of a civil claim involving (A) IN GENERAL.—Amounts in the Fund system of notice pleading that has shall be made available, without further ap- the gross negligence or intentional mis- served our Federal judicial system well propriation or fiscal year limitation— conduct of an owner, operator, or generator. since 1938, the year the Federal Rules (i) to the Secretary for the payment of Mr. ENZI. Mr. President, we need of Civil Procedure were adopted. civil claims from a carbon dioxide storage fa- clean energy. We need cheap energy. Civil litigation in our Federal system cility that are brought after a certificate of We need abundant energy from right is commenced by the filing a complaint closure for the carbon dioxide storage facil- here at home. Why not concentrate that puts the defendant on notice of ity has been issued; some of our efforts on hitting a triple the plaintiffs claims. Rule 8(a)(2) of the (ii) to the Secretary for long-term steward- play? Federal Rules of Civil Procedure pro- ship after the date of issuance of a certificate for closure; and Coal is our Nation’s most abundant vides that a complaint need only con- (iii) to the Secretary or other appropriate energy source. It provides more than 50 tain a ‘‘short and plain statement of regulatory authority to pay any reasonable percent of our Nation’s electricity the claim showing the pleader’’, usu- and verified administrative costs incurred by today and makes electricity more af- ally the plaintiff, ‘‘is entitled to re- the Secretary or regulatory authority in car- fordable for millions of Americans. It lief.’’ This is not a demanding stand- rying out the Program. provides for thousands of well paying ard. An appendix to the Rules includes (B) LIMITATION.—Amounts in the Fund American jobs and is an essential part a form complaint for negligence that shall only be used for the purposes described of my home State’s economy. the drafters of Rule 8 obviously in clause (i), (ii), or (iii) of subparagraph (A). Unfortunately, in the discussions thought would satisfy Rule 8’s stand- (C) LIMITATION ON PAYMENTS.— surrounding climate change, some have ard. That complaint, in relevant part, (i) IN GENERAL.—Subject to clause (ii), an aggregate claim for damages brought under suggested that we should end our Na- alleges only that ‘‘[o]n June 1, 1936, in subparagraph (A)(i) shall be limited to an tion’s use of coal. Because of the abun- a public highway called Boylston amount to be established by the Secretary as dant, cost-effective nature of this re- Street in Boston Massachusetts, de- soon as practicable after the date of enact- source, that doesn’t make sense. In- fendant negligently drove a motor ve- ment of this Act, based on mechanisms such stead of talking about eliminating one hicle against plaintiff who was crossing as— of our country’s most important en- the highway.’’ (I) actuarial modeling of probable damage; ergy sources, we should be talking The Federal Rules require the court and to await the submission of the plain- (II) net present value analysis. about how we can make coal cleaner. An essential element of the effort to tiff’s evidence—first at the summary- (ii) CONGRESSIONAL ACTION.—If estimated or actual aggregate damages exceed the make coal cleaner will be the develop- judgment stage and, if summary judg- amount established under clause (i)— ment of carbon capture and storage, ment is not granted, then at trial—be- (I) the Secretary shall notify Congress; and CCS, technology. There are many fore evaluating or passing on the truth (II) on receipt of notice under subclause (I), pieces to that effort, and today, Sen- of the complaint’s allegations. It’s only Congress may provide for payments in excess ator CASEY and I have introduced The sensible that courts do so: Not until a of that amount, in accordance with guide- Carbon Storage Stewardship Trust plaintiff has had access to relevant in- lines established by Congress by law. Fund Act of 2009 to address one issue formation in the defendant’s possession (D) EXCEPTION FOR GROSS NEGLIGENCE AND with CCS liability for the stored CO . during the discovery process that fol- INTENTIONAL MISCONDUCT.—Notwithstanding 2 subparagraph (A), no amounts in the Fund Our legislation sets up a framework lows the filing of a complaint as a mat- shall be used to pay a claim for liability aris- that answers the question of who is re- ter of right can the plaintiff normally ing out of conduct of an operator of a carbon sponsible for the CO2 once it is placed offer evidence to support the com- dioxide storage facility that is grossly neg- underground. The Carbon Storage plaint’s allegations.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7891 For over 70 years following the adop- SUBMITTED RESOLUTIONS SENATE RESOLUTION 221—EX- tion of the Federal Rules, the Supreme PRESSING SUPPORT FOR THE Court of the U.S. consistently and GOALS AND IDEALS OF THE faithfully implemented Rule 8’s notice- FIRST ANNUAL NATIONAL WILD pleading language. Its leading decision SENATE RESOLUTION 220—SUP- HORSE AND BURRO ADOPTION DAY TAKING PLACE ON SEP- on the subject, Conley v. Gibson, 355 PORTING THE DESIGNATION OF SEPTEMBER AND ‘‘NATIONAL TEMBER 26, 2009 U.S. 41, 1957, prohibited federal courts ATRIAL FIBRILLATION AWARE- Mr. REID (for himself, Mrs. FEIN- from dismissing a complaint ‘‘for fail- NESS MONTH’’ AND ENCOUR- STEIN, and Mr. ENSIGN) submitted the ure to state a claim unless it appears AGING EFFORTS TO EDUCATE following resolution; which was re- beyond doubt that the plaintiff can THE PUBLIC ABOUT ATRIAL FI- ferred to the Committee on Energy and prove no set of facts in support of his BRILLATION Natural Resources: claim that would entitle him to relief.’’ S. RES. 221 Two years ago in Bell Atlantic Cor- Mr. FEINGOLD (for himself, Ms. COL- Whereas, in 1971, in Public Law 92–195 poration v. Twombly, 550 U.S. 544, 2007, LINS, Mr. DORGAN, and Mr. CRAPO) sub- (commonly known as the ‘‘Wild Free-Roam- ing Horses and Burros Act’’) (16 U.S.C. 1331 et the Court jettisoned the standard set mitted the following resolution; which was referred to the Committee on seq.), Congress declared that wild free-roam- forth in Conley and announced that ing horses and burros are living symbols of henceforth it would require not only Health, Education, Labor, and Pen- the historic and pioneer spirit of the West; factual specificity in complaints not sions: Whereas, under that Act, the Secretary of the Interior and the Secretary of Agriculture previously required of plaintiffs, but S. RES. 220 have responsibility for the humane capture, also that a complaint’s allegation of Whereas atrial fibrillation is a cardiac con- removal, and adoption of wild horses and wrongdoing appear ‘‘plausible’’ to the dition in which electrical pulses disrupt the burros; court. This year in Ashcroft v. Iqbal, 129 regular beating of the atria in the heart, Whereas the Bureau of Land Management S. Ct. 1937, 2009, the Supreme Court sig- hampering the ability of the atria to fill the and the Forest Service are the Federal agen- ventricles with blood, and subsequently cies responsible for carrying out the provi- nificantly expanded upon Twombly by, causing blood to pool in the atria and form sions of the Act; to quote Professor Stephen Burbank of clots; Whereas a number of private organizations the University of Pennsylvania Law Whereas atrial fibrillation is the most will assist with the adoption of excess wild horses and burros, in conjunction with the School, effectively authorizing federal common cardiac malfunction and affects at first National Wild Horse and Burro Adop- least 2,200,000 people in the United States, judges to indulge their ‘‘subject judg- tion Day; and ments’’ in evaluating an allegation’s with increased prevalence anticipated as the Whereas there are approximately 31,000 population of the United States ages; plausibility. According to an article wild horses in short-term and long-term Whereas atrial fibrillation is associated that just appeared in The York Times, holding facilities, with 18,000 young horses with an increased, long-term risk of stroke, awaiting adoption: Now, therefore, be it Justice Ruth Bader Ginsburg recently heart failure, and mortality from all causes, Resolved, That the Senate— told a group of Federal judges that, as especially among women; (1) supports the goals of a National Wild a result of these two cases, the Su- Whereas atrial fibrillation accounts for ap- Horse and Burro Adoption Day to be held an- preme Court has ‘‘messed up the fed- proximately 1⁄3 of hospitalizations for cardiac nually in coordination with the Secretary of rhythm disturbances; Interior and the Secretary of Agriculture; eral rules’’ governing pleading. Whereas, according to the American Heart (2) recognizes that creating a successful When it passed the Rules Enabling Association, 3 to 5 percent of people in the adoption model for wild horses and burros is Act, Congress established a carefully United States aged 65 and older are esti- consistent with Public Law 92-195 (commonly mated to have atrial fibrillation; known as the ‘‘Wild Free-Roaming Horses designed process for amending the Fed- and Burros Act’’) (16 U.S.C. 1331 et seq.) and Whereas atrial fibrillation is recognized as eral Rules of Civil Procedure. The proc- beneficial to the long-term interests of the a major contributor to strokes, with an esti- people of the United States in protecting ess ends with the Supreme Court’s mated 15 to 20 percent of strokes occurring presentation of a proposed rule change wild horses and burros; and in people afflicted with atrial fibrillation; (3) encourages citizens of the United States to Congress for approval. In Twombly Whereas it is estimated that treating to adopt a wild horse or burro so as to own and Ashcroft the Court effectively end atrial fibrillation costs approximately $3,600 a living symbol of the historic and pioneer ran that process. per patient annually for a total cost burden spirit of the West. in the United States of approximately f The effect of the Court’s actions will $15,700,000,000; no doubt be to deny many plaintiffs Whereas obesity is a significant risk factor SENATE CONCURRENT RESOLU- with meritorious claims access to the for atrial fibrillation; TION 34—EXPRESSING THE Federal courts and, with it, any legal Whereas better education for patients and SENSE OF CONGRESS THAT A redress for their injuries. I think that health care providers is needed in order to COMMEMORATIVE POSTAGE ensure timely recognition of atrial fibrilla- STAMP SHOULD BE ISSUED TO is an especially unwelcome develop- tion symptoms; HONOR THE CREW OF THE USS ment at a time when, with the liti- Whereas more research into effective MASON DE–529 WHO FOUGHT AND gating resources of our executive- treatments for atrial fibrillation is needed; SERVED DURING WORLD WAR II branch and administrative agencies and Whereas September is an appropriate Mr. BURRIS submitted the following stretched thin, the enforcement of Fed- concurrent resolution; which was re- eral antitrust, consumer protection, month to observe as National Atrial Fibrilla- tion Awareness Month: Now, therefore, be it ferred to the Committee on Homeland civil rights and other laws that benefit Security and Governmental Affairs: the public will fall increasingly to pri- Resolved, That the Senate— (1) supports the designation of September S. CON. RES. 34 vate litigants. as ‘‘National Atrial Fibrillation Awareness Whereas the USS Mason DE–529 was the The Notice Pleading Restoration Act Month’’; only United States Navy destroyer with a (2) supports efforts to educate people about predominantly black enlisted crew during will require the Federal courts to test World War II; the sufficiency of a complaint’s allega- atrial fibrillation; (3) recognizes the need for additional re- Whereas the integration of the crew of the USS Mason DE–529 was the role model for ra- tions under the well-established stand- search into treatment for atrial fibrillation; cial integration on Navy vessels and served ards that prevailed in the Federal and courts until Twombly. I urge its pas- as a beacon for desegregation in the Navy; (4) encourages the people of the United Whereas the integration of the crew sig- sage. States and interested groups to observe and nified the first time that black citizens of support National Atrial Fibrillation Aware- the United States were trained to serve in ness Month through appropriate programs ranks other than cooks and stewards; and activities that promote public awareness Whereas the USS Mason DE–529 served as a of atrial fibrillation and potential treat- convoy escort in the Atlantic and Mediterra- ments for atrial fibrillation. nean Theatres during World War II;

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7892 CONGRESSIONAL RECORD — SENATE July 22, 2009 Whereas, in September 1944, the crew of to the bill S. 1390, supra; which was ordered to be proposed by him to the bill S. 1390, the USS Mason DE–529 helped save Convoy to lie on the table. supra; which was ordered to lie on the table. NY119, ushering the convoy to safety despite SA 1703. Ms. LANDRIEU (for herself and SA 1723. Mr. UDALL, of Colorado sub- a deadly storm in the Atlantic Ocean; Ms. SNOWE) submitted an amendment in- mitted an amendment intended to be pro- Whereas, in 1998, the Secretary of the Navy tended to be proposed by her to the bill S. posed by him to the bill S. 1390, supra; which John H. Dalton made an official decision to 1390, supra; which was ordered to lie on the was ordered to lie on the table. name an Arleigh Burke Class Destroyer the table. SA 1724. Mr. UDALL, of Colorado sub- USS Mason DDG-87 in order to honor the SA 1704. Mr. CARPER (for himself, Ms. mitted an amendment intended to be pro- USS Mason DE–529; COLLINS, and Mr. LIEBERMAN) submitted an posed by him to the bill S. 1390, supra; which Whereas, in 1994, President Clinton award- amendment intended to be proposed by him was ordered to lie on the table. ed the USS Mason DE–529 a long-overdue to the bill S. 1390, supra; which was ordered SA 1725. Mr. SCHUMER (for himself, Mr. commendation, presenting the award to 67 of to lie on the table. JOHANNS, Mr. WHITEHOUSE, Mr. DEMINT, Mr. the surviving crewmembers; and SA 1705. Mr. NELSON of Florida submitted COBURN, Mr. LUGAR, and Ms. MURKOWSKI) Whereas commemorative postage stamps an amendment intended to be proposed by submitted an amendment intended to be pro- have been issued to honor important vessels, him to the bill S. 1390, supra; which was or- posed by him to the bill S. 1390, supra; which aircrafts, and battles in the history of the dered to lie on the table. was ordered to lie on the table. United States: Now, therefore, be it SA 1706. Mr. DORGAN (for himself and Mr. SA 1726. Mr. NELSON of Florida submitted Resolved by the Senate (the House of Rep- CONRAD) submitted an amendment intended an amendment intended to be proposed by resentatives concurring), That it is the sense to be proposed by him to the bill S. 1390, him to the bill S. 1390, supra; which was or- of Congress that— supra; which was ordered to lie on the table. dered to lie on the table. (1) the United States Postal Service should SA 1707. Mrs. SHAHEEN submitted an SA 1727. Mr. DEMINT (for himself and Mrs. issue a postage stamp honoring the crew of amendment intended to be proposed by her SHAHEEN) submitted an amendment intended the USS Mason DE–529 who fought and to the bill S. 1390, supra; which was ordered to be proposed by him to the bill S. 1390, served during World War II; and to lie on the table. supra; which was ordered to lie on the table. (2) the Citizens’ Stamp Advisory Com- SA 1708. Mr. BURR submitted an amend- SA 1728. Mr. DEMINT submitted an amend- mittee should recommend to the Postmaster ment intended to be proposed by him to the ment intended to be proposed by him to the General that such a stamp be issued. bill S. 1390, supra; which was ordered to lie bill S. 1390, supra; which was ordered to lie on the table. on the table. f SA 1709. Mr. WICKER submitted an amend- SA 1729. Mr. BAUCUS (for himself and Mr. AMENDMENTS SUBMITTED AND ment intended to be proposed by him to the TESTER) submitted an amendment intended PROPOSED bill S. 1390, supra; which was ordered to lie to be proposed by him to the bill S. 1390, on the table. supra; which was ordered to lie on the table. SA 1690. Mr. INHOFE submitted an amend- SA 1710. Mr. LEVIN (for himself, Mr. SA 1730. Mrs. GILLIBRAND submitted an ment intended to be proposed by him to the MCCAIN, and Mr. GRAHAM) submitted an amendment intended to be proposed by her bill S. 1390, to authorize appropriations for amendment intended to be proposed by him to the bill S. 1390, supra; which was ordered fiscal year 2010 for military activities of the to the bill S. 1390, supra; which was ordered to lie on the table. Department of Defense, for military con- to lie on the table. SA 1731. Mr. FEINGOLD (for himself and struction, and for defense activities of the SA 1711. Mr. ALEXANDER submitted an Mr. WYDEN) submitted an amendment in- Department of Energy, to prescribe military amendment intended to be proposed by him tended to be proposed by him to the bill S. personnel strengths for such fiscal year, and to the bill S. 1390, supra; which was ordered 1390, supra; which was ordered to lie on the for other purposes; which was ordered to lie to lie on the table. table. on the table. SA 1712. Mr. MCCAIN (for himself, Mr. SA 1732. Mr. FEINGOLD submitted an SA 1691. Mr. INHOFE submitted an amend- LIEBERMAN, Mr. GRAHAM, Mr. KAUFMAN, and amendment intended to be proposed by him ment intended to be proposed by him to the Mr. CASEY) submitted an amendment in- to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie tended to be proposed by him to the bill S. to lie on the table. on the table. 1390, supra; which was ordered to lie on the SA 1733. Mr. FEINGOLD submitted an SA 1692. Mr. INHOFE submitted an amend- table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 1713. Mrs. GILLIBRAND submitted an to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie amendment intended to be proposed by her to lie on the table. on the table. to the bill S. 1390, supra; which was ordered SA 1734. Mr. BURRIS submitted an amend- SA 1693. Mr. INHOFE submitted an amend- to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1714. Mrs. GILLIBRAND submitted an bill S. 1390, supra; which was ordered to lie bill S. 1390, supra; which was ordered to lie amendment intended to be proposed by her on the table. on the table. to the bill S. 1390, supra; which was ordered SA 1735. Mr. BROWNBACK submitted an SA 1694. Mr. INHOFE submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 1715. Mrs. GILLIBRAND submitted an to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie amendment intended to be proposed by her to lie on the table. on the table. to the bill S. 1390, supra; which was ordered SA 1736. Ms. MURKOWSKI (for herself and SA 1695. Mr. INHOFE submitted an amend- to lie on the table. Mr. BEGICH) submitted an amendment in- ment intended to be proposed by him to the SA 1716. Mr. LEAHY (for himself, Mr. tended to be proposed by her to the bill S. bill S. 1390, supra; which was ordered to lie BINGAMAN, and Mr. KENNEDY) submitted an 1390, supra; which was ordered to lie on the on the table. amendment intended to be proposed by him table. SA 1696. Mr. ENZI submitted an amend- to the bill S. 1390, supra; which was ordered SA 1737. Mr. CORNYN submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him bill S. 1390, supra; which was ordered to lie SA 1717. Mr. FRANKEN (for himself, Mr. to the bill S. 1390, supra; which was ordered on the table. ISAKSON, Ms. LANDRIEU, Mr. GRAHAM, Mr. to lie on the table. SA 1697. Mr. BROWNBACK submitted an BROWN, and Mr. BEGICH) submitted an SA 1738. Mr. CASEY (for himself and Mr. amendment intended to be proposed by him amendment intended to be proposed by him BAYH) submitted an amendment intended to to the bill S. 1390, supra; which was ordered to the bill S. 1390, supra; which was ordered be proposed by him to the bill S. 1390, supra; to lie on the table. to lie on the table. which was ordered to lie on the table. SA 1698. Mr. CORNYN submitted an SA 1718. Mr. LEVIN submitted an amend- SA 1739. Mr. HATCH (for himself, Mr. amendment intended to be proposed by him ment intended to be proposed by him to the WEBB, Mr. BENNETT, Mr. VOINOVICH, and Ms. to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie COLLINS) submitted an amendment intended to lie on the table. on the table. to be proposed by him to the bill S. 1390, SA 1699. Mr. CORNYN submitted an SA 1719. Mr. PRYOR (for himself and Mr. supra; which was ordered to lie on the table. amendment intended to be proposed by him CORKER) submitted an amendment intended SA 1740. Mr. HATCH (for himself and Mr. to the bill S. 1390, supra; which was ordered to be proposed by him to the bill S. 1390, BENNETT) submitted an amendment intended to lie on the table. supra; which was ordered to lie on the table. to be proposed by him to the bill S. 1390, SA 1700. Mr. MCCAIN submitted an amend- SA 1720. Mr. BAYH submitted an amend- supra; which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1741. Mr. RISCH (for himself, Mr. bill S. 1390, supra; which was ordered to lie bill S. 1390, supra; which was ordered to lie CRAPO, and Mr. BOND) submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 1701. Mr. JOHANNS submitted an SA 1721. Mr. BAYH submitted an amend- bill S. 1390, supra; which was ordered to lie amendment intended to be proposed by him ment intended to be proposed by him to the on the table. to the bill S. 1390, supra; which was ordered bill S. 1390, supra; which was ordered to lie SA 1742. Mr. THUNE submitted an amend- to lie on the table. on the table. ment intended to be proposed by him to the SA 1702. Ms. LANDRIEU submitted an SA 1722. Mr. BAYH (for himself and Mr. bill S. 1390, supra; which was ordered to lie amendment intended to be proposed by her GRAHAM) submitted an amendment intended on the table.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7893 SA 1743. Mr. INHOFE submitted an amend- SA 1763. Mr. CARDIN submitted an amending technologies that use chemicals, forward ment intended to be proposed by him to the ment intended to be proposed by him to the osmosis, and filtration. bill S. 1390, supra; which was ordered to lie bill S. 1390, supra; which was ordered to lie (4) An assessment of the performance of on the table. on the table. each system in multiple scenarios such as a SA 1744. Mr. LIEBERMAN (for himself, Mr. SA 1764. Mr. SCHUMER (for himself, Mr. bio-terror attacks, natural disasters like SESSIONS, Mr. INHOFE, Mr. VITTER, Mr. MAR- CHAMBLISS, Mr. NELSON of Nebraska, Mr. floods and hurricanes, and military oper- TINEZ, Mr. KYL, Mr. BEGICH, Mr. MCCAIN, Mr. BENNETT, Mr. CORNYN, Mr. ISAKSON, Ms. ations overseas. NELSON of Nebraska, and Mr. NELSON of Flor- CANTWELL, Mrs. SHAHEEN, Mr. BURRIS, Mr. ida) submitted an amendment intended to be VITTER, Mr. CASEY, Mr. PRYOR, Mr. BYRD, SA 1691. Mr. INHOFE submitted an proposed by him to the bill S. 1390, supra; Mr. UDALL of New Mexico, Mrs. FEINSTEIN, amendment intended to be proposed by which was ordered to lie on the table. Mr. DURBIN, Mrs. MURRAY, Mr. WARNER, Mrs. him to the bill S. 1390, to authorize ap- SA 1745. Mr. LEAHY (for himself and Mr. HUTCHISON, Mr. ALEXANDER, Mr. CONRAD, Mr. propriations for fiscal year 2010 for BOND) submitted an amendment intended to BROWNBACK, Mr. SPECTER, Mr. WICKER, Mr. be proposed by him to the bill S. 1390, supra; BURR, Mr. LIEBERMAN, Mr. ROBERTS, Mr. military activities of the Department which was ordered to lie on the table. RISCH, Mrs. LINCOLN, Mr. THUNE, Mr. BOND, of Defense, for military construction, SA 1746. Mr. BINGAMAN submitted an Mr. BAYH, Mr. NELSON of Florida, Mr. and for defense activities of the De- amendment intended to be proposed by him FRANKEN, Mr. ENSIGN, Mr. LEAHY, Mr. KEN- partment of Energy, to prescribe mili- to the bill S. 1390, supra; which was ordered NEDY, Mr. WYDEN, Mr. CARDIN, Mr. BEGICH, tary personnel strengths for such fiscal to lie on the table. Mrs. GILLIBRAND, Mr. INHOFE, Mr. COCHRAN, SA 1747. Mr. LEAHY (for himself and Mr. year, and for other purposes; which was Mr. WEBB, Mr. ENZI, Mr. MERKLEY, Mr. CORK- ordered to lie on the table; as follows: BOND) submitted an amendment intended to ER, Mr. KERRY, Mr. GRASSLEY, Mr. GREGG, On page 270, between lines 5 and 6, insert be proposed by him to the bill S. 1390, supra; Mr. WHITEHOUSE, Mr. DEMINT, Mr. JOHANNS, the following: which was ordered to lie on the table. Mr. COBURN, Mr. LUGAR, Ms. MURKOWSKI, Mr. SA 1748. Mr. LEAHY (for himself and Mr. TESTER, Mr. CRAPO, and Mr. KAUFMAN) sub- SEC. 838. REQUIREMENT TO BUY MILITARY BOND) submitted an amendment intended to mitted an amendment intended to be pro- DECORATIONS, RIBBONS, BADGES, MEDALS, INSIGNIA, AND OTHER UNI- be proposed by him to the bill S. 1390, supra; posed by him to the bill S. 1390, supra; which which was ordered to lie on the table. FORM ACCOUTERMENTS PRODUCED was ordered to lie on the table. IN THE UNITED STATES. SA 1749. Mr. LEAHY (for himself and Mr. SA 1765. Mr. CHAMBLISS (for himself, Mr. BOND) submitted an amendment intended to (a) REQUIREMENT.—Subchapter III of chap- LIEBERMAN, and Mr. DODD) submitted an ter 147 of title 10, United States Code, is be proposed by him to the bill S. 1390, supra; amendment intended to be proposed by him amended by adding at the end the following which was ordered to lie on the table. to the bill S. 1390, supra; which was ordered SA 1750. Mr. LAUTENBERG (for himself new section: to lie on the table. and Mr. MENENDEZ) submitted an amend- SA 1766. Mr. DODD submitted an amend- ‘‘§ 2495c. Requirement to buy military decora- ment intended to be proposed by him to the ment intended to be proposed by him to the tions, ribbons, badges, medals, insignia, bill S. 1390, supra; which was ordered to lie bill S. 1390, supra; which was ordered to lie and other uniform accouterments produced on the table. on the table. in the United States SA 1751. Mr. WARNER (for himself and Mr. ‘‘(a) BUY AMERICAN REQUIREMENT.—A mili- WEBB) submitted an amendment intended to f tary exchange store or other non-appro- be proposed by him to the bill S. 1390, supra; TEXT OF AMENDMENTS priated fund instrumentality of the Depart- which was ordered to lie on the table. SA 1752. Mrs. BOXER (for herself and Mr. SA 1690. Mr. INHOFE submitted an ment of Defense may not purchase for resale any military decorations, ribbons, badges, BOND) submitted an amendment intended to amendment intended to be proposed by be proposed by her to the bill S. 1390, supra; him to the bill S. 1390, to authorize ap- medals, insignia, or other uniform which was ordered to lie on the table. accouterments that are not produced in the propriations for fiscal year 2010 for United States. Competitive procedures shall SA 1753. Ms. KLOBUCHAR submitted an military activities of the Department amendment intended to be proposed by her be used in selecting the United States pro- to the bill S. 1390, supra; which was ordered of Defense, for military construction, ducer of the decorations. to lie on the table. and for defense activities of the De- ‘‘(b) HERALDIC QUALITY CONTROL.—No cer- SA 1754. Mrs. HUTCHISON submitted an partment of Energy, to prescribe mili- tificate of authority issued pursuant to part amendment intended to be proposed by her tary personnel strengths for such fiscal 507 of title 32, Code of Federal Regulations to the bill S. 1390, supra; which was ordered year, and for other purposes; which was (or any successor regulation) for the manu- to lie on the table. ordered to lie on the table; as follows: facture and sale of any item described in sub- SA 1755. Mr. WEBB submitted an amend- section (a) by the Institute of Heraldry, the At the end of subtitle D of title VIII, add ment intended to be proposed by him to the Navy Clothing and Textile Research Facil- the following: bill S. 1390, supra; which was ordered to lie ity, or the Marine Corps Combat Equipment on the table. SEC. 838. ADVANCED WATER PURIFICATION SYS- and Support Systems for quality control and SA 1756. Mr. LAUTENBERG (for himself TEMS. specifications purposes shall be permitted (a) FINDING.—Congress makes the following and Mr. MENENDEZ) submitted an amend- unless these items are manufactured from findings: ment intended to be proposed by him to the domestic material manufactured in the (1) Water is often the limiting factor in the bill S. 1390, supra; which was ordered to lie United States. length of a military mission. on the table. ‘‘(c) EXCEPTION.—The Secretary of Defense SA 1757. Mr. KERRY (for himself, Mr. (2) Military forces in the field require new may waive the applicability of subsections technologies to help extend mission dura- LEVIN, and Mr. WEBB) submitted an amend- (a) and (b) on a case-by-case basis if the Sec- ment intended to be proposed by him to the tion. retary of Defense determines that there is bill S. 1390, supra; which was ordered to lie (3) Military forces must have the capa- not available for procurement at a reason- on the table. bility to generate safe drinking water during able cost a satisfactory quality and suffi- SA 1758. Mr. REED (for himself and Mr. remote deployments, emergencies, or during cient quantity of an item described under WICKER) submitted an amendment intended the disruption of the supply chain. subsection (a) produced in the United States. (b) REPORT REQUIRED.—Not later than 90 to be proposed by him to the bill S. 1390, ‘‘(d) UNITED STATES DEFINED.—In this sec- days after the date of the enactment of this supra; which was ordered to lie on the table. tion, the term ‘United States’ includes the Act, the Secretary of Defense shall submit to SA 1759. Mr. CONRAD submitted an Commonwealth of Puerto Rico, Guam, the the congressional defense committees a re- amendment intended to be proposed by him United States Virgin Islands, the Common- port on the ongoing efforts by the Depart- to the bill S. 1390, supra; which was ordered wealth of the Northern Mariana Islands, ment of Defense, and specifically the United to lie on the table. American Samoa, and any other territory or States Special Operations Command, to ac- SA 1760. Mr. KYL (for himself, Mr. MCCON- possession of the United States.’’. quire advanced water purification systems. NELL, Mr. MCCAIN, Mr. INHOFE, Mr. SESSIONS, (b) CLERICAL AMENDMENT.—The table of The report shall include the following: Mr. GRAHAM, Mr. VITTER, Mr. DEMINT, Mr. sections at the beginning of such subchapter (1) The impact of potable water avail- RISCH, Mr. CORNYN, Mr. BARRASSO, Mr. is amended by inserting after the item relat- ability on the planning and execution of LIEBERMAN, Mr. WICKER, and Mr. BENNETT) ing to section 2495b the following new item: submitted an amendment intended to be pro- military missions. posed by him to the bill S. 1390, supra. (2) A list of performance criteria used to ‘‘2495c. Requirement to buy military decora- SA 1761. Mr. KERRY (for himself, Mr. evaluate the different water purification sys- tions, ribbons, badges, medals, LUGAR, Mr. LEVIN, and Mr. WEBB) proposed tems such as— insignia, and other uniform an amendment to the bill S. 1390, supra. (A) purity, taste, and color of the water; accouterments produced in the SA 1762. Mrs. MCCASKILL (for herself and (B) the length of time the purification United States.’’. Ms. COLLINS) submitted an amendment in- takes; and (c) CONFORMING AMENDMENTS.—Section tended to be proposed by her to the bill S. (C) the ease of use of the system. 2533a(b)(1) of such title is amended— 1390, supra; which was ordered to lie on the (3) An assessment of the current man-port- (1) in subparagraph (D), by striking ‘‘; or’’ table. able water purification technologies includ- and inserting a semicolon;

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7894 CONGRESSIONAL RECORD — SENATE July 22, 2009 (2) in subparagraph (E), by striking the pe- (1) From 2001 to 2009, small arms ammuni- (3) identify and demonstrate an integrated riod at the end and inserting ‘‘; or’’; and tion acquisition by the Federal Government suite of technologies capable of extending (3) by adding at the end the following new increased to over 2,000,000,000 rounds, with 80 the effective range of Army snipers against— subparagraph: percent of that ammunition being used for (A) non-technical enemy vehicles and per- ‘‘(F) military decorations, ribbons, badges, training or noncombat purposes. sonnel wearing Level III body armor to 750 medals, insignia, and other uniform (2) An automatic ammunition sorting and meters; and accouterments.’’. inspecting capability currently only exists (B) enemy positions and personnel to at Camp Arifjan, Kuwait, and Fort Irwin, ranges of 1,500 meters. SA 1692. Mr. INHOFE submitted an California. (c) FUNDING.—The Secretary of the Army amendment intended to be proposed by (3) After 8 years of combat and precombat shall conduct the evaluation required by sub- him to the bill S. 1390, to authorize ap- training since October 2001, large stockpiles section (a) using, to the extent practicable, propriations for fiscal year 2010 for of loose small arms ammunition awaiting amounts appropriated for fiscal year 2009 for sorting have collected. an extended range modular sniper rifle sys- military activities of the Department (4) It is in the best financial and logistical tem that are unobligated. of Defense, for military construction, interest to expedite and increase the recapi- (d) REPORT.—Not later than January 1, and for defense activities of the De- talization of unused small arms ammunition 2010, the Secretary of the Army shall submit partment of Energy, to prescribe mili- within the Department of Defense. to the Committee on Armed Services of the tary personnel strengths for such fiscal (b) REPORT REQUIRED.— Senate and the Committee on Armed Serv- year, and for other purposes; which was (1) IN GENERAL.—Not later than 90 days ices of the House of Representatives a report after the date of the enactment of this Act, ordered to lie on the table; as follows: containing the results of the evaluation re- the Secretary of Defense shall submit to the quired by subsection (a), including detailed At the end of subtitle H of title X, add the Committees on Armed Services of the Senate ballistics and system performance data and following: and the House of Representatives a report on an assessment of operational applications SEC. 1083. ESTABLISHMENT OF NATIONAL DE- small arms ammunition. and benefits of an extended range modular FENSE PANEL. (2) CONTENT.—The report required under sniper rifle system. Section 118(f) of title 10, United States paragraph (1) shall include the following: Code, is amended to read as follows: (A) The plan of the Department of Defense SA 1695. Mr. INHOFE submitted an ‘‘(f) NATIONAL DEFENSE PANEL.—(1) There to recoup and recapitalize large quantities of amendment intended to be proposed by is established a National Defense Panel to loose small arms ammunition (9mm, .45 cal- conduct an assessment of the quadrennial de- iber, 5.56mm, 7.62mm, and .50 caliber). him to the bill S. 1390, to authorize ap- fense review. (B) An assessment of the cost savings of an propriations for fiscal year 2010 for ‘‘(2) The National Defense Panel shall be increased industrial capacity to automati- military activities of the Department composed of 12 members who are recognized cally sort and inspect large quantities of of Defense, for military construction, experts in matters relating to the national loose and unused small arms ammunition in and for defense activities of the De- security of the United States. The members lieu of manual inspection and sorting meth- partment of Energy, to prescribe mili- shall be appointed as follows: ods. tary personnel strengths for such fiscal ‘‘(A) Three by both the chairman and rank- (C) The intent of the Department of De- year, and for other purposes; which was ing members of the Committee on Armed fense to invest in automatic ammunition Services of the Senate. sorting infrastructure that reduces the num- ordered to lie on the table; as follows: ‘‘(B) Three by both the chairman and rank- ber of personnel required to manually sort On page 429, between lines 8 and 9, insert ing members of the Committee on Armed ammunition and expedites ammunition the following: Services of the House of Representatives. usage by members of the Armed Forces for SEC. 1073. REPORT ON INTERNATIONAL MILI- ‘‘(3) Not later than three months after the combat and training. TARY EDUCATION AND TRAINING date on which the report on a quadrennial (D) The impact of military installations PROGRAM. defense review is submitted under subsection and departments having the ability to auto- (a) FINDINGS.—Congress makes the fol- (d) to the congressional committees named matically and mechanically sort spent brass lowing findings: in that subsection, the National Defense from live ammunition and visually inspect (1) Building foreign partner capacity is a Panel shall submit to those committees an and identify ammunition for quality control fundamental cornerstone of the security assessment of the review, including the rec- and authenticity. strategy of the United States. ommendations of the review, the stated and (2) Significant progress has been made in implied assumptions incorporated in the re- SA 1694. Mr. INHOFE submitted an this area over the past several years, but the view, and the vulnerabilities of the strategy amendment intended to be proposed by United States Government must continue to and force structure underlying the review. him to the bill S. 1390, to authorize ap- increase its efforts, including improving reli- The assessment of the National Defense propriations for fiscal year 2010 for ability of funding and late notifications of Panel shall include analyses of the trends, military activities of the Department school availability for the International Military Education and Training (IMET) asymmetries, and concepts of operations of Defense, for military construction, that characterize the military balance with program. and for defense activities of the De- (b) REPORT REQUIRED.— potential adversaries, focusing on the stra- partment of Energy, to prescribe mili- tegic approaches of possible opposing forces. (1) IN GENERAL.—Not later than 180 days ‘‘(4) The National Defense Panel shall have tary personnel strengths for such fiscal after the date of the enactment of this Act, the authorities provided in section 3161 of year, and for other purposes; which was the Secretary of Defense, in coordination title 5, United States Code, and shall be sub- ordered to lie on the table; as follows:– with the Secretary of State, shall submit to ject to the conditions set forth in such sec- - the Committee on Armed Services and the tion. At the end of subtitle D of title II, add the Committee on Foreign Relations of the Sen- ‘‘(5) Funds for activities of the National following: ate and the Committee on Armed Services Defense Panel shall be provided from unobli- SEC. 252. EVALUATION OF EXTENDED RANGE and the Committee on Foreign Affairs of the gated amounts available to the Department MODULAR SNIPER RIFLE SYSTEM. House of Representatives a report on the ef- of Defense.’’. (a) IN GENERAL.—The Secretary of the fectiveness and efficiency of the IMET pro- Army, acting through the Assistant Sec- gram. SA 1693. Mr. INHOFE submitted an retary of the Army for Acquisition, Logis- (2) CONTENT.—The report required under amendment intended to be proposed by tics, and Technology, shall conduct a com- paragraph (1) shall include the following information broken out by year over the past him to the bill S. 1390, to authorize ap- parative evaluation of an extended range modular sniper rifle system. 10 years: propriations for fiscal year 2010 for (b) ELEMENTS.—The evaluation required by (A) Number of courses in the IMET pro- military activities of the Department subsection (a) shall— gram available, accomplished, and cancelled of Defense, for military construction, (1) use a .338 Lapua Magnum caliber weap- and an explanation therefor. and for defense activities of the De- on platform and associated optics, ammuni- (B) Number of students authorized and ac- partment of Energy, to prescribe mili- tion, and visual augmentation systems to tual attendance for each course and an ex- tary personnel strengths for such fiscal compare the extended range modular sniper planation for the difference. year, and for other purposes; which was rifle system to existing Army sniper plat- (C) The total budget and actual budget exe- forms, including such platforms based on the cuted for each course in the IMET program ordered to lie on the table; as follows: .300 Winchester Magnum caliber weapon; and an explanation for the difference. On page 429, between lines 8 and 9, insert (2) include developmental testing and in- (D) The process for selecting students for the following: theater operational testing of no fewer than the IMET program, including a timeline. SEC. 1073. REPORT ON AUTOMATED SMALL ARMS 50 complete extended range modular sniper (E) The process for distributing funding for AMMUNITION SORTING. rifle systems using a .338 Lapua Magnum cal- each school, including a timeline. (a) FINDINGS.—Congress makes the fol- iber weapon platform, inclusive of ammuni- (F) Lessons learned to ensure student at- lowing findings: tion and training; and tendance and course execution is maximized.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7895 SA 1696. Mr. ENZI submitted an (B) A detailed analysis of the conventional On page 435, after line 14, insert the fol- amendment intended to be proposed by forces of the Government of the Islamic Re- lowing: him to the bill S. 1390, to authorize ap- public of Iran facing United States forces in SEC. 1083. DESIGNATION OF NATIONAL CENTER propriations for fiscal year 2010 for the region and other countries in the Middle FOR HUMAN PERFORMANCE. East region. (a) IN GENERAL.—The National Center for military activities of the Department (C) An estimate of the funding provided for Human Performance at the Texas Medical of Defense, for military construction, each branch of the conventional forces of the Center is hereby designated as a national and for defense activities of the De- Government of the Islamic Republic of Iran. center for research and education in medi- partment of Energy, to prescribe mili- (3) An assessment of the unconventional cine and related sciences to enhance human tary personnel strengths for such fiscal forces of the Government of the Islamic Re- performance which could include matters of year, and for other purposes; which was public of Iran, including the following: relevance to the Armed Forces. ordered to lie on the table; as follows: (A) The size and capability of special oper- (b) CONSTRUCTION.—Nothing in this section ations units, including the Iranian Revolu- shall be construed to convey on such Center At the appropriate place, insert the fol- tionary Guard Corps-Quds Force. status as a center of excellence under the lowing: (B) The types and amount of support pro- Public Health Service Act or as a center of SEC. ll. COMPLIANCE WITH WORLD TRADE OR- vided to groups designated by the United the National Institutes of Health under title GANIZATION PROVISIONS. States as terrorist organizations in par- IV of such Act. Section 907 of the Federal Food, Drug, and ticular those forces that have been assessed Cosmetic Act (as added by section 101(b)(3) of as willing to carry out terrorist operations SA 1699. Mr. CORNYN submitted an the Family Smoking Prevention and To- on behalf of the Islamic Republic of Iran. bacco Control Act (Public law 111–31)) is amendment intended to be proposed by (C) A detailed analysis of the unconven- amended by adding at the end the following: him to the bill S. 1390, to authorize ap- tional forces of the Government of the Is- ‘‘(g) COMPLIANCE WITH TRADE AGREE- propriations for fiscal year 2010 for lamic Republic of Iran and their implica- MENTS.—If the United States Trade Rep- military activities of the Department tions for the United States and other coun- resentative notifies the Secretary that the tries in the Middle East region. of Defense, for military construction, prohibition contained in subsection (a)(1)(A) (D) An estimate of the amount of funds and for defense activities of the De- with respect to any artificial or natural fla- spent by the Government of the Islamic Re- partment of Energy, to prescribe mili- vor or any herb or spice may result in a vio- public of Iran to develop and support special lation of a trade agreement, the Secretary tary personnel strengths for such fiscal operations forces and terrorist groups. shall provide the Trade Representative with year, and for other purposes; which was (c) DEFINITIONS.—In this section: ordered to lie on the table; as follows: evidence in support of the conclusion that (1) CONVENTIONAL FORCES OF THE GOVERN- On page 435, after line 14, insert the fol- the prohibition is appropriately designed to MENT OF IRAN.—The term ‘‘conventional protect public health. The Secretary may by forces of the Government of the Islamic Re- lowing: regulation provide an exception or revision public of Iran’’— SEC. 1083. DESIGNATION OF NATIONAL CENTER from such prohibition if necessary to ensure (A) means military forces of the Islamic FOR HUMAN PERFORMANCE. compliance with the trade agreement.’’. Republic of Iran designed to conduct oper- (a) IN GENERAL.—The National Center for ations on sea, air, or land, other than Iran’s Human Performance at the Texas Medical SA 1697. Mr. BROWNBACK submitted unconventional forces and Iran’s strategic Center is hereby designated as a national an amendment intended to be proposed missile forces; and center for research and education in medi- by him to the bill S. 1390, to authorize (B) includes Iran’s Army, Iran’s Air Force, cine and related sciences to enhance human appropriations for fiscal year 2010 for Iran’s Navy, and elements of the Iranian performance which could include matters of military activities of the Department Revolutionary Guard Corps, other than the relevance to the Armed Forces. (b) CONSTRUCTION.—Nothing in this section of Defense, for military construction, Iranian Revolutionary Guard Corps-Quds Force. shall be construed to convey on such Center and for defense activities of the De- status as a center of excellence under the partment of Energy, to prescribe mili- (2) MIDDLE EAST REGION.—The term ‘‘Mid- dle East region’’ means— Public Health Service Act or as a center of tary personnel strengths for such fiscal (A) the countries within the area of respon- the National Institutes of Health under title year, and for other purposes; which was sibility of United States Central Command; IV of such Act. ordered to lie on the table; as follows: and SA 1700. Mr. MCCAIN submitted an On page 479, between lines 18 and 19, insert (B) the countries within the area covered the following: by the Bureau of Near Eastern Affairs of the amendment intended to be proposed by SEC. 1222. REPORT ON MILITARY POWER OF Department of State. him to the bill S. 1390, to authorize ap- IRAN. (3) UNCONVENTIONAL FORCES OF THE GOV- propriations for fiscal year 2010 for (a) BIENNIAL REPORT.—Not later than ERNMENT OF IRAN.—The term ‘‘unconven- military activities of the Department March 31, 2010, and in each even-numbered tional forces of the Government of the Is- of Defense, for military construction, year thereafter until 2020, the Secretary of lamic Republic of Iran’’— and for defense activities of the De- Defense shall submit to Congress a report, in (A) means forces of the Islamic Republic of partment of Energy, to prescribe mili- both classified and unclassified form, on the Iran that carry out missions typically asso- tary personnel strengths for such fiscal current and future military strategy of the ciated with special operations forces; and Islamic Republic of Iran. The report shall ad- (B) includes— year, and for other purposes; which was dress the current and probable future course (i) the Iranian Revolutionary Guard Corps- ordered to lie on the table; as follows: of military developments on the Army, Air Quds Force; and At the end of subtitle A of title XII, add Force, Navy, and Revolutionary Guard Corps (ii) any organization that— the following: of the Islamic Republic of Iran. (I) has been designated a terrorist organi- SEC. 1211. ENSURING IRAQI SECURITY THROUGH (b) MATTERS TO BE INCLUDED.—The report zation by the United States; DEFENSE COOPERATION BETWEEN required under subsection (a) shall include (II) receives assistance from the Govern- THE UNITED STATES AND IRAQ. the following elements: ment of Iran; and The President may treat an undertaking (1) As assessment of the grand strategy, se- (III)(aa) is assessed as being willing in by the Government of Iraq that is made be- curity strategy, and military strategy of the some or all cases of carrying out attacks on tween the date of the enactment of this Act Government of the Islamic Republic of Iran, behalf of the Government of the Islamic Re- and December 31, 2011, as a dependable un- including the following: public of Iran; or dertaking described in section 22(a) of the (A) The goals of the grand strategy, secu- (bb) is assessed as likely to carry out at- Arms Export Control Act (22 U.S.C. 2762(a)) rity strategy, and military strategy. tacks in response to a military attack by an- for purposes of entering into contracts for (B) Aspects of the strategies that would be other country on the Islamic Republic of the procurement of defense articles and de- designed to establish Iran as the leading Iran. fense services as provided for in that section. power in the Middle East and to enhance the influence of Iran in other regions of the SA 1698. Mr. CORNYN submitted an SA 1701. Mr. JOHANNS submitted an world. amendment intended to be proposed by amendment intended to be proposed by (C) The security situation in the Persian him to the bill S. 1390, to authorize ap- him to the bill S. 1390, to authorize ap- Gulf and the Levant. propriations for fiscal year 2010 for propriations for fiscal year 2010 for (D) Iranian strategy regarding other coun- military activities of the Department military activities of the Department tries in the Middle East region. of Defense, for military construction, of Defense, for military construction, (2) An assessment of the capabilities of the and for defense activities of the De- conventional forces of the Government of the and for defense activities of the De- Islamic Republic of Iran, including the fol- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- lowing: tary personnel strengths for such fiscal tary personnel strengths for such fiscal (A) The size, location, and capabilities of year, and for other purposes; which was year, and for other purposes; which was the conventional forces. ordered to lie on the table; as follows: ordered to lie on the table; as follows:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7896 CONGRESSIONAL RECORD — SENATE July 22, 2009 At the end of subtitle H of title X add the the bill S. 1390, to authorize appropria- ‘‘(G) not less than 2.9 percent of such budg- following: tions for fiscal year 2010 for military et in fiscal year 2014; SEC. 1083. SENSE OF THE SENATE ON MEDICARE activities of the Department of De- ‘‘(H) not less than 3.0 percent of such budg- AND MEDICAID SAVINGS AND MED- fense, for military construction, and et in fiscal year 2015; ICAID EXPANSION. ‘‘(I) not less than 3.1 percent of such budget (a) FINDINGS.—The Senate finds that— for defense activities of the Depart- in fiscal year 2016; (1) the Federal Hospital Insurance Trust ment of Energy, to prescribe military ‘‘(J) not less than 3.2 percent of such budg- Fund established under section 1817 of the personnel strengths for such fiscal et in fiscal year 2017; Social Security Act (42 U.S.C. 1395i) is pro- year, and for other purposes; which was ‘‘(K) not less than 3.3 percent of such budg- jected to be insolvent by 2017; and ordered to lie on the table; as follows: et in fiscal year 2018; (2) the Medicaid program under title XIX ‘‘(L) not less than 3.4 percent of such budg- At the end of the bill, add the following: of the Social Security Act (42 U.S.C. 1396 et et in fiscal year 2019; and seq.) is currently the largest source of gen- DIVISION ll—SBIR/STTR ‘‘(M) not less than 3.5 percent of such budg- eral revenue spending on health care for both REAUTHORIZATION et in fiscal year 2020 and each fiscal year the Federal government and the States. SEC. l001. SHORT TITLE. thereafter,’’; and (b) SENSE OF THE SENATE.—It is the sense This division may be cited as the ‘‘SBIR/ (2) in paragraph (2)— of the Senate that— STTR Reauthorization Act of 2009’’. (A) by redesignating subparagraphs (A) and (1) any savings under the Medicare pro- SEC. l002. DEFINITIONS. (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; gram under title XVIII of the Social Secu- In this division— (B) by striking ‘‘A Federal agency’’ and in- rity Act (42 U.S.C. 1395 et seq.) should be in- (1) the terms ‘‘Administration’’ and ‘‘Ad- serting the following: vested back into the Medicare program, ministrator’’ mean the Small Business Ad- ‘‘(A) IN GENERAL.—A Federal agency’’; and rather than creating new entitlement pro- ministration and the Administrator thereof, (C) by adding at the end the following: grams; and respectively; ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- (2) the Federal Government should not ex- (2) the terms ‘‘extramural budget’’, ‘‘Fed- MENT OF ENERGY.—For the Department of De- pand the Medicaid program under title XIX eral agency’’, ‘‘Small Business Innovation fense and the Department of Energy, to the of the Social Security Act (42 U.S.C. 1396 et Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- greatest extent practicable, the percentage seq.) in a manner that imposes an unfunded ness Technology Transfer Program’’, and of the extramural budget in excess of 2.5 per- mandate on States when State budgets are ‘‘STTR’’ have the meanings given such terms cent required to be expended with small busi- already heavily burdened by federally im- in section 9 of the Small Business Act (15 ness concerns under subparagraphs (D) posed requirements that force those budgets U.S.C. 638); and through (M) of paragraph (1)— into the red. (3) the term ‘‘small business concern’’ has ‘‘(i) may not be used for new Phase I or the same meaning as under section 3 of the Phase II awards; and SA 1702. Ms. LANDRIEU submitted Small Business Act (15 U.S.C. 632). an amendment intended to be proposed ‘‘(ii) shall be used for activities that fur- ll by her to the bill S. 1390, to authorize TITLE —REAUTHORIZATION OF THE ther the readiness levels of technologies de- SBIR AND STTR PROGRAMS appropriations for fiscal year 2010 for veloped under Phase II awards, including conducting testing and evaluation to pro- military activities of the Department SEC. l101. EXTENSION OF TERMINATION DATES. (a) SBIR.—Section 9(m) of the Small Busi- mote the transition of such technologies into of Defense, for military construction, ness Act (15 U.S.C. 638(m)) is amended by commercial or defense products, or systems and for defense activities of the De- striking ‘‘2008’’ and inserting ‘‘2017’’. furthering the mission needs of the Depart- partment of Energy, to prescribe mili- (b) STTR.—Section 9(n)(1)(A) of the Small ment of Defense or the Department of En- tary personnel strengths for such fiscal Business Act (15 U.S.C. 638(n)(1)(A)) is ergy, as the case may be.’’. year, and for other purposes; which was amended by striking ‘‘2009’’ and inserting SEC. l104. STTR ALLOCATION INCREASE. ordered to lie on the table; as follows: ‘‘2017’’. Section 9(n)(1)(B) of the Small Business SEC. l102. STATUS OF THE OFFICE OF TECH- Act (15 U.S.C. 638(n)(1)(B)) is amended— At the end of subtitle D of title VII, add (1) in clause (i), by striking ‘‘and’’ at the the following: NOLOGY. Section 9(b) of the Small Business Act (15 end; SEC. 733. REPORT ON USE OF ALTERNATIVE U.S.C. 638(b)) is amended— (2) in clause (ii), by striking ‘‘thereafter.’’ THERAPIES IN TREATMENT OF and inserting ‘‘through fiscal year 2010;’’; and POST-TRAUMATIC STRESS DIS- (1) in paragraph (7), by striking ‘‘and’’ at ORDER. the end; (3) by adding at the end the following: ‘‘(iii) 0.4 percent for fiscal years 2011 and (a) IN GENERAL.—Not later than December (2) in paragraph (8), by striking the period 31, 2010, the Secretary of Defense and the at the end and inserting ‘‘; and’’; 2012; Secretary of Veterans Affairs shall jointly (3) by redesignating paragraph (8) as para- ‘‘(iv) 0.5 percent for fiscal years 2013 and submit to the appropriate committees of graph (9); and 2014; and Congress a report on research related to (4) by adding at the end the following: ‘‘(v) 0.6 percent for fiscal year 2015 and post-traumatic stress disorder. ‘‘(10) to maintain an Office of Technology each fiscal year thereafter.’’. (b) ELEMENTS.—The report required by sub- to carry out the responsibilities of the Ad- SEC. l105. SBIR AND STTR AWARD LEVELS. section (a) shall include the following: ministration under this section, which shall (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) (1) The status of all studies and clinical be— of the Small Business Act (15 U.S.C. trials that involve treatments of post-trau- ‘‘(A) headed by the Assistant Adminis- 638(j)(2)(D)) is amended— matic stress disorder conducted by the De- trator for Technology, who shall report di- (1) by striking ‘‘$100,000’’ and inserting partment of Defense and the Department of rectly to the Administrator; and ‘‘$150,000’’; and Veterans Affairs. ‘‘(B) independent from the Office of Gov- (2) by striking ‘‘$750,000’’ and inserting (2) The effectiveness of alternative thera- ernment Contracting of the Administration ‘‘$1,000,000’’. (b) STTR ADJUSTMENTS.—Section pies in the treatment of post-traumatic and sufficiently staffed and funded to comply 9(p)(2)(B)(ix) of the Small Business Act (15 stress disorder, including the therapeutic use with the oversight, reporting, and public U.S.C. 638(p)(2)(B)(ix)) is amended— of animals. database responsibilities assigned to the Of- (1) by striking ‘‘$100,000’’ and inserting (3) Identification of areas in which the De- fice of Technology by the Administrator.’’. ‘‘$150,000’’; and partment of Defense and the Department of SEC. l103. SBIR ALLOCATION INCREASE. (2) by striking ‘‘$750,000’’ and inserting Veterans Affairs may be duplicating studies, Section 9(f) of the Small Business Act (15 ‘‘$1,000,000’’. programs, or research with respect to post- U.S.C. 638(f)) is amended— (c) TRIENNIAL ADJUSTMENTS.—Section 9 of traumatic stress disorder. (1) in paragraph (1)— the Small Business Act (15 U.S.C. 638) is (c) APPROPRIATE COMMITTEES OF CONGRESS (A) in the matter preceding subparagraph amended— DEFINED.—In this section, the term ‘‘appro- (A), by striking ‘‘Each’’ and inserting ‘‘Ex- (1) in subsection (j)(2)(D)— priate committees of Congress’’ means— cept as provided in paragraph (2)(C), each’’; (A) by striking ‘‘5 years’’ and inserting ‘‘3 (1) the Committee on Armed Services, the (B) in subparagraph (B), by striking ‘‘and’’ years’’; and Committee on Appropriations, and the Com- at the end; and (B) by striking ‘‘and programmatic consid- mittee on Veterans’ Affairs of the Senate; (C) by striking subparagraph (C) and in- erations’’; and and serting the following: (2) in subsection (p)(2)(B)(ix) by striking (2) the Committee on Armed Services, the ‘‘(C) not less than 2.5 percent of such budg- ‘‘greater or lesser amounts to be awarded at Committee on Appropriations, and the Com- et in each of fiscal years 2009 and 2010; the discretion of the awarding agency,’’ and mittee on Veterans’ Affairs of the House of ‘‘(D) not less than 2.6 percent of such budg- inserting ‘‘an adjustment for inflation of Representatives. et in fiscal year 2011; such amounts once every 3 years,’’. ‘‘(E) not less than 2.7 percent of such budg- (d) LIMITATION ON CERTAIN AWARDS.—Sec- SA 1703. Ms. LANDRIEU (for herself et in fiscal year 2012; tion 9 of the Small Business Act (15 U.S.C. and Ms. SNOWE) submitted an amend- ‘‘(F) not less than 2.8 percent of such budg- 638) is amended by adding at the end the fol- ment intended to be proposed by her to et in fiscal year 2013; lowing:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7897

‘‘(aa) LIMITATION ON CERTAIN AWARDS.— (iii) by adding at the end the following: (ii) in paragraph (3)— ‘‘(1) LIMITATION.—No Federal agency may ‘‘(10) the term ‘Phase I’ means— (I) by striking ‘‘the first phase (as de- issue an award under the SBIR program or ‘‘(A) with respect to the SBIR program, the scribed in subsection (e)(6)(A))’’ and insert- the STTR program if the size of the award first phase described in paragraph (4)(A); and ing ‘‘Phase I’’; exceeds the award guidelines established ‘‘(B) with respect to the STTR program, (II) by striking ‘‘the second phase (as de- under this section by more than 50 percent. the first phase described in paragraph (6)(A); scribed in subsection (e)(6)(B))’’ and insert- ‘‘(2) MAINTAINANCE OF INFORMATION.—Par- ‘‘(11) the term ‘Phase II’ means— ing ‘‘Phase II’’; and ticipating agencies shall maintain informa- ‘‘(A) with respect to the SBIR program, the (III) by striking ‘‘the third phase (as de- tion on awards exceeding the guidelines es- second phase described in paragraph (4)(B); scribed in subsection (e)(6)(A))’’ and insert- tablished under this section, including— and ing ‘‘Phase III’’; ‘‘(A) the amount of each award; ‘‘(B) with respect to the STTR program, (G) in subsection (q)(3)— ‘‘(B) a justification for exceeding the the second phase described in paragraph (i) in subparagraph (A)— award amount; (6)(B); and (I) in the subparagraph heading, by strik- ‘‘(C) the identity and location of each ‘‘(12) the term ‘Phase III’ means— ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; award recipient; and ‘‘(A) with respect to the SBIR program, the and ‘‘(D) whether a recipient has received any third phase described in paragraph (4)(C); and (II) by striking ‘‘first phase’’ and inserting venture capital investment and, if so, wheth- ‘‘(B) with respect to the STTR program, ‘‘Phase I’’; and er the recipient is majority-owned and con- the third phase described in paragraph (ii) in subparagraph (B)— trolled by multiple venture capital compa- (6)(C).’’; (I) in the subparagraph heading, by strik- nies. (B) in subsection (j)— ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE ‘‘(3) REPORTS.—The Administrator shall in- (i) in paragraph (1)(B), by striking ‘‘phase II’’; and clude the information described in paragraph two’’ and inserting ‘‘Phase II’’; (II) by striking ‘‘second phase’’ and insert- (2) in the annual report of the Administrator (ii) in paragraph (2)— ing ‘‘Phase II’’; to Congress. (I) in subparagraph (B)— (H) in subsection (r)— ‘‘(4) RULE OF CONSTRUCTION.—Nothing in (aa) by striking ‘‘the third phase’’ each (i) in the subsection heading, by striking this subsection shall be construed to prevent place it appears and inserting ‘‘Phase III’’; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; a Federal agency from supplementing an and (ii) in paragraph (1)— award under the SBIR program or the STTR (bb) by striking ‘‘the second phase’’ and in- (I) in the first sentence— program using funds of the Federal agency serting ‘‘Phase II’’; (aa) by striking ‘‘for the second phase’’ and that are not part of the SBIR program or the (II) in subparagraph (D)— inserting ‘‘for Phase II’’; STTR program of the Federal agency.’’. (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and SEC. l106. AGENCY AND PROGRAM COLLABORA- (bb) by striking ‘‘the second phase’’ and in- (cc) by striking ‘‘second phase period’’ and TION. serting ‘‘Phase II’’; inserting ‘‘Phase II period’’; and Section 9 of the Small Business Act (15 (III) in subparagraph (F), by striking ‘‘the (II) in the second sentence— U.S.C. 638), as amended by this division, is third phase’’ and inserting ‘‘Phase III’’; (aa) by striking ‘‘second phase’’ and insert- amended by adding at the end the following: (IV) in subparagraph (G)— ing ‘‘Phase II’’; and ‘‘(bb) SUBSEQUENT PHASES.— (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- ‘‘(1) AGENCY COLLABORATION.—A small busi- serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and ness concern that received an award from a (bb) by striking ‘‘the second phase’’ and in- (iii) in paragraph (2), by striking ‘‘third Federal agency under this section shall be el- serting ‘‘Phase II’’; and phase’’ and inserting ‘‘Phase III’’; and igible to receive an award for a subsequent (V) in subparagraph (H)— (I) in subsection (u)(2)(B), by striking ‘‘the phase from another Federal agency, if the (aa) by striking ‘‘the first phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; head of each relevant Federal agency or the serting ‘‘Phase I’’; (2) in section 34— relevant component of the Federal agency (bb) by striking ‘‘second phase’’ each place (A) in subsection (c)(2)(B)(ii), by striking makes a written determination that the top- it appears and inserting ‘‘Phase II’’; and ‘‘first phase and second phase SBIR awards’’ ics of the relevant awards are the same and (cc) by striking ‘‘third phase’’ and insert- and inserting ‘‘Phase I and Phase II SBIR both agencies report the awards to the Ad- ing ‘‘Phase III’’; and awards (as defined in section 9(e))’’; and ministrator for inclusion in the public data- (iii) in paragraph (3)— (B) in subsection (e)(2)(A)— base under subsection (k). (I) in subparagraph (A)— (i) in clause (i), by striking ‘‘first phase ‘‘(2) SBIR AND STTR COLLABORATION.—A (aa) by striking ‘‘the first phase (as de- awards’’ and all that follows and inserting small business concern which received an scribed in subsection (e)(4)(A))’’ and insert- ‘‘Phase I awards (as defined in section 9(e));’’; award under this section under the SBIR ing ‘‘Phase I’’; and program or the STTR program may receive (bb) by striking ‘‘the second phase (as de- (ii) by striking ‘‘first phase’’ each place it an award under this section for a subsequent scribed in subsection (e)(4)(B))’’ and insert- appears and inserting ‘‘Phase I’’; and phase in either the SBIR program or the ing ‘‘Phase II’’; and (3) in section 35(c)(2)(B)(vii), by striking STTR program and the participating agency (cc) by striking ‘‘the third phase (as de- ‘‘third phase’’ and inserting ‘‘Phase III’’. or agencies shall report the awards to the scribed in subsection (e)(4)(C))’’ and inserting SEC. l108. MAJORITY-VENTURE INVESTMENTS IN Administrator for inclusion in the public ‘‘Phase III’’; and SBIR FIRMS. database under subsection (k).’’. (II) in subparagraph (B), by striking ‘‘sec- (a) IN GENERAL.—Section 9 of the Small SEC. l107. ELIMINATION OF PHASE II INVITA- ond phase’’ and inserting ‘‘Phase II’’; Business Act (15 U.S.C. 638), as amended by TIONS. (C) in subsection (k)— this division, is amended by adding at the (a) IN GENERAL.—Section 9(e) of the Small (i) by striking ‘‘first phase’’ each place it end the following: Business Act (15 U.S.C. 638(e)) is amended— appears and inserting ‘‘Phase I’’; and ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN (1) in paragraph (4)(B), by striking ‘‘to fur- (ii) by striking ‘‘second phase’’ each place SBIR FIRMS.— ther’’ and inserting: ‘‘which shall not include it appears and inserting ‘‘Phase II’’; ‘‘(1) AUTHORITY AND DETERMINATION.— any invitation, pre-screening, pre-selection, (D) in subsection (l)(2)— ‘‘(A) IN GENERAL.—Upon a written deter- or down-selection process for eligibility for (i) by striking ‘‘the first phase’’ and insert- mination provided not later than 30 days in the second phase, that will further’’; and ing ‘‘Phase I’’; and advance to the Administrator and to the (2) in paragraph (6)(B), by striking ‘‘to fur- (ii) by striking ‘‘the second phase’’ and in- Committee on Small Business and Entrepre- ther develop proposed ideas to’’ and inserting serting ‘‘Phase II’’; neurship of the Senate and the Committee ‘‘which shall not include any invitation, pre- (E) in subsection (o)(13)— on Small Business of the House of Represent- screening, pre-selection, or down-selection (i) in subparagraph (B), by striking ‘‘sec- atives— process for eligibility for the second phase, ond phase’’ and inserting ‘‘Phase II’’; and ‘‘(i) the Director of the National Institutes that will further develop proposals that’’. (ii) in subparagraph (C), by striking ‘‘third of Health may award not more than 18 per- (b) TECHNICAL AND CONFORMING AMEND- phase’’ and inserting ‘‘Phase III’’; cent of the SBIR funds of the National Insti- MENTS.—The Small Business Act (15 U.S.C. (F) in subsection (p)— tutes of Health allocated in accordance with 638) is amended— (i) in paragraph (2)(B)— this Act, in the first full fiscal year begin- (1) in section 9— (I) in clause (vi)— ning after the date of enactment of this sub- (A) in subsection (e)— (aa) by striking ‘‘the second phase’’ and in- section, and each fiscal year thereafter, to (i) in paragraph (8), by striking ‘‘and’’ at serting ‘‘Phase II’’; and small business concerns that are owned in the end; (bb) by striking ‘‘the third phase’’ and in- majority part by venture capital companies (ii) in paragraph (9)— serting ‘‘Phase III’’; and and that satisfy the qualification require- (I) by striking ‘‘the second or the third (II) in clause (ix)— ments under paragraph (2) through competi- phase’’ and inserting ‘‘Phase II or Phase III’’; (aa) by striking ‘‘the first phase’’ and in- tive, merit-based procedures that are open to and serting ‘‘Phase I’’; and all eligible small business concerns; and (II) by striking the period at the end and (bb) by striking ‘‘the second phase’’ and in- ‘‘(ii) the head of any other Federal agency inserting a semicolon; and serting ‘‘Phase II’’; and participating in the SBIR program may

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7898 CONGRESSIONAL RECORD — SENATE July 22, 2009 award not more than 8 percent of the SBIR (1) a clear explanation of the SBIR affili- dicial or administrative tribunal concerning funds of the Federal agency allocated in ac- ation rules under part 121 of title 13, Code of the SBIR program or the STTR program cordance with this Act, in the first full fiscal Federal Regulations; and shall provide timely notice, as determined year beginning after the date of enactment (2) contact information for officers or em- by the Administrator, of the case or con- of this subsection, and each fiscal year there- ployees of the Administration who— troversy to the Administrator. after, to small business concerns that are (A) upon request, shall review an issue re- TITLE ll—OUTREACH AND majority owned by venture capital compa- lating to the rules described in paragraph (1); COMMERCIALIZATION INITIATIVES nies and that satisfy the qualification re- and SEC. l201. RURAL AND STATE OUTREACH. quirements under paragraph (2) through (B) shall respond to a request under sub- (a) OUTREACH.—Section 9 of the Small competitive, merit-based procedures that are paragraph (A) not later than 20 business days Business Act (15 U.S.C. 638) is amended by in- open to all eligible small business concerns. after the date on which the request is re- serting after subsection (r) the following: ‘‘(B) DETERMINATION.—A written deter- ceived. ‘‘(s) OUTREACH.— mination made under subparagraph (A) shall SEC. l109. SBIR AND STTR SPECIAL ACQUISITION ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this explain how the use of the authority under PREFERENCE. subsection, the term ‘eligible State’ means a that subparagraph will induce additional Section 9(r) of the Small Business Act (15 State— venture capital funding of small business in- U.S.C. 638(r)) is amended by adding at the ‘‘(A) for which the total value of contracts novations, substantially contribute to the end the following: awarded to the State under this section dur- mission of the funding Federal agency, dem- ‘‘(4) PHASE III AWARDS.—To the greatest ex- ing the most recent fiscal year for which onstrate a need for public research, and oth- tent practicable, Federal agencies and Fed- data is available was less than $5,000,000; and erwise fulfill the capital needs of small busi- eral prime contractors shall issue Phase III ‘‘(B) that certifies to the Administrator ness concerns for additional financing for the awards relating to technology, including sole that the State will, upon receipt of assist- SBIR project. source awards, to the SBIR and STTR award ance under this subsection, provide matching ‘‘(2) QUALIFICATION REQUIREMENTS.—The recipients that developed the technology.’’. funds from non-Federal sources in an Administrator shall establish requirements SEC. l110. COLLABORATING WITH FEDERAL LAB- amount that is not less than 50 percent of relating to the affiliation by small business ORATORIES AND RESEARCH AND DE- the amount provided under this subsection. concerns with venture capital companies, VELOPMENT CENTERS. ‘‘(2) PROGRAM AUTHORITY.—Of amounts which may not exclude a United States small Section 9 of the Small Business Act (15 made available to carry out this section for business concern from participation in the U.S.C. 638), as amended by this division, is each of fiscal years 2010 through 2014, the Ad- program under paragraph (1) on the basis amended by adding at the end the following: ministrator may expend with eligible States that the small business concern is owned in ‘‘(dd) COLLABORATING WITH FEDERAL LAB- not more than $5,000,000 in each such fiscal majority part by, or controlled by, more ORATORIES AND RESEARCH AND DEVELOPMENT year in order to increase the participation of than 1 United States venture capital com- CENTERS.— small business concerns located in those pany, so long as no single venture capital ‘‘(1) AUTHORIZATION.—Subject to the limi- States in the programs under this section. company owns more than 49 percent of the tations under this section, the head of each ‘‘(3) AMOUNT OF ASSISTANCE.—The amount small business concern. participating Federal agency may make of assistance provided to an eligible State ‘‘(3) REGISTRATION.—A small business con- SBIR and STTR awards to any eligible small under this subsection in any fiscal year— cern that is majority owned and controlled business concern that— ‘‘(A) shall be equal to not more than 50 per- by multiple venture capital companies and ‘‘(A) intends to enter into an agreement cent of the total amount of matching funds qualified for participation in the program with a Federal laboratory or federally funded from non-Federal sources provided by the authorized under paragraph (1) shall— research and development center for portions State; and ‘‘(A) register with the Administrator on of the activities to be performed under that ‘‘(B) shall not exceed $100,000. the date that the small business concern sub- award; or ‘‘(4) USE OF ASSISTANCE.—Assistance pro- mits an application for an award under the ‘‘(B) has entered into a cooperative re- vided to an eligible State under this sub- SBIR program; and search and development agreement (as de- section shall be used by the State, in con- ‘‘(B) indicate whether the small business fined in section 12(d) of the Stevenson- sultation with State and local departments concern is registered under subparagraph (A) Wydler Technology Innovation Act of 1980 (15 and agencies, for programs and activities to in any SBIR proposal. U.S.C. 3710a(d))) with a Federal laboratory. increase the participation of small business concerns located in the State in the pro- ‘‘(4) COMPLIANCE.—A Federal agency de- ‘‘(2) PROHIBITION.—No Federal agency scribed in paragraph (1) shall collect data re- shall— grams under this section, including— garding the number and dollar amounts of ‘‘(A) condition an SBIR or STTR award ‘‘(A) the establishment of quantifiable performance goals, including goals relating to— phase I, phase II, and all other categories of upon entering into agreement with any Fed- ‘‘(i) the number of program awards under awards under the SBIR program, and the Ad- eral laboratory or any federally funded lab- this section made to small business concerns ministrator shall report on the data and the oratory or research and development center in the State; and compliance of each such Federal agency with for any portion of the activities to be per- ‘‘(ii) the total amount of Federal research the maximum amounts under paragraph (1) formed under that award; and development contracts awarded to small as part of the annual report by the Adminis- ‘‘(B) approve an agreement between a business concerns in the State; tration under subsection (b)(7). small business concern receiving a SBIR or ‘‘(B) the provision of competition outreach ‘‘(5) ENFORCEMENT.—If a Federal agency STTR award and a Federal laboratory or fed- support to small business concerns in the awards more than the amount authorized erally funded laboratory or research and de- State that are involved in research and de- under paragraph (1) for a purpose described velopment center, if the small business con- velopment; and in paragraph (1), the amount awarded in ex- cern performs a lesser portion of the activi- ‘‘(C) the development and dissemination of cess of the amount authorized under para- ties to be performed under that award than educational and promotional information re- graph (1) shall be transferred to the funds for required by this section and by the SBIR lating to the programs under this section to general SBIR programs from the non-SBIR Policy Directive and the STTR Policy Direc- small business concerns in the State.’’. research and development funds of the Fed- tive of the Administrator; or (b) FEDERAL AND STATE PROGRAM EXTEN- eral agency within 60 days of the date on ‘‘(C) approve an agreement that violates SION.—Section 34 of the Small Business Act which the Federal agency awarded more any provision, including any data rights pro- (15 U.S.C. 657d) is amended— than the amount authorized under paragraph tections provision, of this section or the (1) in subsection (h), by striking ‘‘2001 (1) for a purpose described in paragraph (1).’’. SBIR and the STTR Policy Directives. through 2005’’ each place it appears and in- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(3) IMPLEMENTATION.—Not later than 180 serting ‘‘2010 through 2014’’; and MENT.—Section 3 of the Small Business Act days after the date of enactment of this sub- (2) in subsection (i), by striking ‘‘2005’’ and (15 U.S.C. 632) is amended by adding at the section, the Administrator shall modify the inserting ‘‘2014’’. end the following: SBIR Policy Directive and the STTR Policy (c) MATCHING REQUIREMENTS.—Section ‘‘(t) VENTURE CAPITAL COMPANY.—In this Directive issued under this section to ensure 34(e)(2) of the Small Business Act (15 U.S.C. Act, the term ‘venture capital company’ that small business concerns— 657d(e)(2)) is amended— means an entity described in clause (i), (v), ‘‘(A) have the flexibility to use the re- (1) in subparagraph (A)— or (vi) of section 121.103(b)(5) of title 13, Code sources of the Federal laboratories and feder- (A) in clause (i), by striking ‘‘50 cents’’ and of Federal Regulations (or any successor ally funded research and development cen- inserting ‘‘35 cents’’; and thereto).’’. ters; and (B) in clause (iii), by striking ‘‘75 cents’’ (c) ASSISTANCE FOR DETERMINING AFFILI- ‘‘(B) are not mandated to enter into agree- and inserting ‘‘50 cents’’; ATES.—Not later than 30 days after the date ment with any Federal laboratory or any (2) in subparagraph (B), by striking ‘‘50 of enactment of this Act, the Administrator federally funded laboratory or research and cents’’ and inserting ‘‘35 cents’’; shall post on the website of the Administra- development center as a condition of an (3) by redesignating subparagraphs (C) and tion (with a direct link displayed on the award.’’. (D) as subparagraphs (D) and (E), respec- homepage of the website of the Administra- SEC. l111. NOTICE REQUIREMENT. tively; and tion or the SBIR website of the Administra- The head of any Federal agency involved in (4) by inserting after subparagraph (B) the tion)— a case or controversy before any Federal ju- following:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7899

‘‘(C) RURAL AREAS.— ‘‘(i) use the amounts authorized under sub- small business technologies or a class of such ‘‘(i) IN GENERAL.—Except as provided in paragraph (A) or (B) unless the vendor se- technologies expected to substantially ad- clause (ii), the non-Federal share of the cost lected under paragraph (2) provides the tech- vance the mission of the agency. of the activity carried out using an award or nical assistance to the recipient; or ‘‘(B) DETERMINATION.—The Administrator under a cooperative agreement under this ‘‘(ii) enter a contract with a vendor under shall— section shall be 35 cents for each Federal dol- paragraph (2) under which the amount pro- ‘‘(i) make a determination regarding an ap- lar that will be directly allocated by a re- vided for technical assistance is based on plication submitted under subparagraph (A) cipient described in paragraph (A) to serve total number of Phase I or Phase II awards.’’. not later than 30 days before the first day of small business concerns located in a rural SEC. l204. COMMERCIALIZATION PROGRAM AT the fiscal year for which the application is area. DEPARTMENT OF DEFENSE. submitted; ‘‘(ii) ENHANCED RURAL AWARDS.—For a re- Section 9(y) of the Small Business Act (15 ‘‘(ii) publish the determination in the Fed- cipient located in a rural area that is located U.S.C. 638(y)), as amended by section 834 of eral Register; and in a State described in subparagraph (A)(i), this Act, is amended— ‘‘(iii) make a copy of the determination the non-Federal share of the cost of the ac- (1) in paragraph (1), by adding at the end and any related materials available to the tivity carried out using an award or under a the following: ‘‘The authority to create and Committee on Small Business and Entrepre- cooperative agreement under this section administer a Commercialization Program neurship of the Senate and the Committee shall be 15 cents for each Federal dollar that under this subsection may not be construed on Small Business of the House of Represent- will be directly allocated by a recipient de- to eliminate or replace any other SBIR pro- atives. scribed in paragraph (A) to serve small busi- gram or STTR program that enhances the ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The ness concerns located in the rural area. insertion or transition of SBIR or STTR head of a Federal agency may not make an ‘‘(iii) DEFINITION OF RURAL AREA.—In this technologies, including any such program in award under a pilot program in excess of 3 subparagraph, the term ‘rural area’ has the effect on the date of enactment of the Na- times the dollar amounts generally estab- meaning given that term in section tional Defense Authorization Act for Fiscal lished for Phase II awards under subsection 1393(a)(2)) of the Internal Revenue Code of Year 2006 (Public Law 109–163; 119 Stat. (j)(2)(D) or (p)(2)(B)(ix). 1986.’’. 3136).’’; ‘‘(4) MATCHING.—The head of a Federal SEC. l202. SBIR–STEM WORKFORCE DEVELOP- (2) by redesignating paragraph (5) as para- agency may not make an award under a pilot MENT GRANT PILOT PROGRAM. graph (7); and program for SBIR or STTR Phase II tech- (a) PILOT PROGRAM ESTABLISHED.—From (3) by inserting after paragraph (4) the fol- nology that will be acquired by the Federal amounts made available to carry out this lowing: Government unless new private, Federal section, the Administrator shall establish a ‘‘(5) INSERTION INCENTIVES.—For any con- non-SBIR, or Federal non-STTR funding SBIR–STEM Workforce Development Grant tract with a value of not less than that at least matches the award from the Pilot Program to encourage the business $100,000,000, the Secretary of Defense is au- Federal agency is provided for the SBIR or community to provide workforce develop- thorized to— STTR Phase II technology. ment opportunities for college students, in ‘‘(A) establish goals for the transition of ‘‘(5) ELIGIBILITY FOR AWARD.—The head of a the fields of science, technology, engineer- Phase III technologies in subcontracting Federal agency may make an award under a ing, and math (in this section referred to as plans; and pilot program to any applicant that is eligi- ‘‘STEM college students’’), by providing a ‘‘(B) require a prime contractor on such a ble to receive a Phase III award related to SBIR bonus grant. contract to report the number and dollar technology developed in Phase II of an SBIR (b) ELIGIBLE ENTITIES DEFINED.—In this amount of contracts entered into by that or STTR project. section the term ‘‘eligible entity’’ means a prime contractor for Phase III SBIR or ‘‘(6) REGISTRATION.—Any applicant that re- grantee receiving a grant under the SBIR STTR projects. ceives an award under a pilot program shall Program on the date of the bonus grant ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY register with the Administrator in a registry under subsection (a) that provides an intern- INSERTION.—The Secretary of Defense shall— that is available to the public. ship program for STEM college students. ‘‘(A) set a goal to increase the number of ‘‘(7) TERMINATION.—The authority to estab- (c) AWARDS.—An eligible entity shall re- lish a pilot program under this section ex- ceive a bonus grant equal to 10 percent of ei- Phase II SBIR contracts and the number of pires at the end of fiscal year 2014. ther a Phase I or Phase II grant, as applica- Phase II STTR contracts awarded by that ‘‘(8) DEFINITIONS.—In this section— ble, with a total award maximum of not Secretary that lead to technology transition ‘‘(A) the term ‘covered Federal agency’— more than $10,000 per year. into programs of record or fielded systems; ‘‘(i) means a Federal agency participating (d) EVALUATION.—Following the fourth ‘‘(B) use incentives in effect on the date of year of funding under this section, the Ad- enactment of the SBIR/STTR Reauthoriza- in the SBIR program or the STTR program; ministrator shall submit a report to Con- tion Act of 2009, or create new incentives, to and gress on the results of the SBIR–STEM encourage agency program managers and ‘‘(ii) does not include the Department of Workforce Development Grant Pilot Pro- prime contractors to meet the goal under Defense; and gram. subparagraph (A); and ‘‘(B) the term ‘pilot program’ means the (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) include in the annual report to Con- program established under paragraph (1).’’. There are authorized to be appropriated to gress the percentage of contracts described SEC. l206. NANOTECHNOLOGY INITIATIVE. in subparagraph (A) awarded by that Sec- carry out this section— (a) IN GENERAL.—Section 9 of the Small retary, and information on the ongoing sta- (1) $1,000,000 for fiscal year 2011; Business Act (15 U.S.C. 638), as amended by tus of projects funded through the Commer- (2) $1,000,000 for fiscal year 2012; this division, is amended by adding at the cialization Program and efforts to transition (3) $1,000,000 for fiscal year 2013; end the following: (4) $1,000,000 for fiscal year 2014; and these technologies into programs of record ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each (5) $1,000,000 for fiscal year 2015. or fielded systems.’’. Federal agency participating in the SBIR or SEC. l203. TECHNICAL ASSISTANCE FOR AWARD- SEC. l205. COMMERCIALIZATION PILOT PRO- EES. GRAM FOR CIVILIAN AGENCIES. STTR program shall encourage the submis- Section 9(q)(3) of the Small Business Act Section 9 of the Small Business Act (15 sion of applications for support of nanotech- (15 U.S.C. 638(q)(3)) is amended— U.S.C. 638), as amended by this division, is nology related projects to such program.’’. (1) in subparagraph (A), by striking amended by adding at the end the following: (b) SUNSET.—Effective October 1, 2014, sub- ‘‘$4,000’’ and inserting ‘‘$5,000’’; ‘‘(ee) PILOT PROGRAM.— section (ff) of the Small Business Act, as (2) in subparagraph (B)— ‘‘(1) AUTHORIZATION.—The head of each cov- added by subsection (a) of this section, is re- (A) by striking ‘‘, with funds available ered Federal agency may set aside not more pealed. from their SBIR awards,’’; and than 10 percent of the SBIR and STTR funds SEC. l207. ACCELERATING CURES. (B) by striking ‘‘$4,000 per year’’ and in- of such agency for further technology devel- The Small Business Act (15 U.S.C. 631 et serting ‘‘$5,000 per year, which shall be in ad- opment, testing, and evaluation of SBIR and seq.) is amended— dition to the amount of the recipient’s STTR Phase II technologies. (1) by redesignating section 44 as section award’’; and ‘‘(2) APPLICATION BY FEDERAL AGENCY.— 45; and (3) by adding at the end the following: ‘‘(A) IN GENERAL.—A covered Federal agen- (2) by inserting after section 43 the fol- ‘‘(C) FLEXIBILITY.—In carrying out sub- cy may not establish a pilot program unless lowing: paragraphs (A) and (B), each Federal agency such agency makes a written application to shall provide the allowable amounts to a re- the Administrator, not later than 90 days be- ‘‘SEC. 44. SMALL BUSINESS INNOVATION RE- cipient that meets the eligibility require- fore to the first day of the fiscal year in SEARCH PROGRAM. ments under the applicable subparagraph, if which the pilot program is to be established, ‘‘(a) NIH CURES PILOT.— the recipient requests to seek technical as- that describes a compelling reason that addi- ‘‘(1) ESTABLISHMENT.—An independent ad- sistance from an individual or entity other tional investment in SBIR or STTR tech- visory board shall be established at the Na- than the vendor selected under paragraph (2) nologies is necessary, including unusually tional Academy of Sciences (in this section by the Federal agency. high regulatory, systems integration, or referred to as the ‘advisory board’) to con- ‘‘(D) LIMITATION.—A Federal agency may other costs relating to development or man- duct periodic evaluations of the SBIR pro- not— ufacturing of identifiable, highly promising gram (as that term is defined in section 9) of

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7900 CONGRESSIONAL RECORD — SENATE July 22, 2009 each of the National Institutes of Health (re- section 9 of the Small Business Act (15 U.S.C. ‘‘(I) is an individual who is not a citizen of ferred to in this section as the ‘NIH’) insti- 638)) of the NIH for research or research and the United States or a lawful permanent tutes and centers for the purpose of improv- development may be used for the pilot pro- resident of the United States, and if so, the ing the management of the SBIR program gram under subsection (c) and to carry out name of any such individual; or through data-driven assessment. subsection (e). ‘‘(II) is a person that is not an individual ‘‘(2) MEMBERSHIP.— ‘‘(g) SUNSET.—This section shall cease to and is not organized under the laws of a ‘‘(A) IN GENERAL.—The advisory board shall be effective on the date that is 5 years after State or the United States, and if so the consist of— the date of enactment of the SBIR/STTR Re- name of any such person; ‘‘(i) the Director of the NIH; authorization Act of 2009.’’. ‘‘(iii) is owned by a woman or has a woman ‘‘(ii) the Director of the SBIR program of TITLE lll—OVERSIGHT AND as a principal investigator; the NIH; EVALUATION ‘‘(iv) is owned by a socially or economi- ‘‘(iii) senior NIH agency managers, se- SEC. l301. STREAMLINING ANNUAL EVALUATION cally disadvantaged individual or has a so- lected by the Director of NIH; REQUIREMENTS. cially or economically disadvantaged indi- ‘‘(iv) industry experts, selected by the Section 9(b) of the Small Business Act (15 vidual as a principal investigator; Council of the National Academy of Sciences U.S.C. 638(b)), as amended by section l102 of ‘‘(v) received assistance under the FAST in consultation with the Associate Adminis- this division, is amended— program under section 34 or the outreach trator for Technology of the Administration (1) in paragraph (7)— program under subsection (s); and the Director of the Office of Science and (A) by striking ‘‘STTR programs, including ‘‘(vi) is a faculty member or a student of Technology Policy; and the data’’ and inserting the following: an institution of higher education, as that ‘‘(v) owners or operators of small business ‘‘STTR programs, including— term is defined in section 101 of the Higher concerns that have received an award under ‘‘(A) the data’’; Education Act of 1965 (20 U.S.C. 1001); or the SBIR program of the NIH, selected by (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), ‘‘(vii) is located in a State described in the Associate Administrator for Technology the number’’ and all that follows through subsection (u)(3); and of the Administration. ‘‘under each of the SBIR and STTR pro- ‘‘(B) a justification statement from the ‘‘(B) NUMBER OF MEMBERS.—The total num- grams, and a description’’ and inserting the agency, if an awardee receives an award in ber of members selected under clauses (iii), following: ‘‘(g)(8) and (o)(9); and an amount that is more than the award (iv), and (v) of subparagraph (A) shall not ex- ‘‘(B) the number of proposals received guidelines under this section;’’; and ceed 10. from, and the number and total amount of (4) in paragraph (10), as so redesignated, by ‘‘(C) EQUAL REPRESENTATION.—The total awards to, HUBZone small business concerns adding ‘‘and’’ at the end. number of members of the advisory board se- and firms with venture capital investment SEC. l303. DATA COLLECTION FROM AGENCIES lected under clauses (i), (ii), (iii), and (iv) of (including those majority owned and con- FOR STTR. subparagraph (A) shall be equal to the num- trolled by multiple venture capital firms) Section 9(o) of the Small Business Act (15 ber of members of the advisory board se- under each of the SBIR and STTR programs; U.S.C. 638(o)) is amended— lected under subparagraph (A)(v). ‘‘(C) a description of the extent to which (1) by striking paragraph (9) and inserting ‘‘(b) ADDRESSING DATA GAPS.—In order to each Federal agency is increasing outreach the following: enhance the evidence-base guiding SBIR pro- and awards to firms owned and controlled by ‘‘(9) collect annually, and maintain in a gram decisions and changes, the Director of women and social or economically disadvan- common format in accordance with the sim- the SBIR program of the NIH shall address taged individuals under each of the SBIR and plified reporting requirements under sub- the gaps and deficiencies in the data collec- STTR programs; section (v), such information from applicants tion concerns identified in the 2007 report of ‘‘(D) general information about the imple- and awardees as is necessary to assess the the National Academies of Science entitled mentation and compliance with the alloca- STTR program outputs and outcomes, in- ‘An Assessment of the Small Business Inno- tion of funds required under subsection (cc) cluding information necessary to maintain vation Research Program at the NIH’. ‘‘(c) PILOT PROGRAM.— for firms majority owned and controlled by the database described in subsection (k), in- ‘‘(1) IN GENERAL.—The Director of the SBIR multiple venture capital firms under each of cluding— program of the NIH may initiate a pilot pro- the SBIR and STTR programs; ‘‘(A) whether an applicant or awardee— gram, under a formal mechanism for design- ‘‘(E) a detailed description of appeals of ‘‘(i) has venture capital or is majority ing, implementing, and evaluating pilot pro- Phase III awards and notices of noncompli- owned and controlled by multiple venture grams, to spur innovation and to test new ance with the SBIR and the STTR Policy Di- capital firms, and, if so— strategies that may enhance the develop- rectives filed by the Administrator with Fed- ‘‘(I) the amount of venture capital that the ment of cures and therapies. eral agencies; and applicant or awardee has received as of the ‘‘(2) CONSIDERATIONS.—The Director of the ‘‘(F) a description’’; and date of the application or award, as applica- SBIR program of the NIH may consider con- (2) by inserting after paragraph (7) the fol- ble; and ducting a pilot program to include individ- lowing: ‘‘(II) the amount of additional capital that uals with successful SBIR program experi- ‘‘(8) to coordinate the implementation of the applicant or awardee has invested in the ence in study sections, hiring individuals electronic databases at each of the Federal SBIR technology; with small business development experience agencies participating in the SBIR program ‘‘(ii) has an investor that— for staff positions, separating the commer- or the STTR program, including the tech- ‘‘(I) is an individual who is not a citizen of cial and scientific review processes, and ex- nical ability of the participating agencies to the United States or a lawful permanent amining the impact of the trend toward larg- electronically share data;’’. resident of the United States, and if so, the er awards on the overall program. SEC. l302. DATA COLLECTION FROM AGENCIES name of any such individual; or ‘‘(d) REPORT TO CONGRESS.—The Director of FOR SBIR. ‘‘(II) is a person that is not an individual the NIH shall submit an annual report to Section 9(g) of the Small Business Act (15 and is not organized under the laws of a Congress and the advisory board on the ac- U.S.C. 638(g)) is amended— State or the United States, and if so the tivities of the SBIR program of the NIH (1) by striking paragraph (10); name of any such person; under this section. (2) by redesignating paragraphs (8) and (9) ‘‘(iii) is owned by a woman or has a woman ‘‘(e) SBIR GRANTS AND CONTRACTS.— as paragraphs (9) and (10), respectively; as a principal investigator; ‘‘(1) IN GENERAL.—In awarding grants and (3) by inserting after paragraph (7) the fol- ‘‘(iv) is owned by a socially or economi- contracts under the SBIR program of the lowing: cally disadvantaged individual or has a so- NIH each SBIR program manager shall place ‘‘(8) collect annually, and maintain in a cially or economically disadvantaged indian emphasis on applications that identify common format in accordance with the sim- vidual as a principal investigator; products and services that may enhance the plified reporting requirements under sub- ‘‘(v) received assistance under the FAST development of cures and therapies. section (v), such information from awardees program under section 34 or the outreach ‘‘(2) EXAMINATION OF COMMERCIALIZATION as is necessary to assess the SBIR program, program under subsection (s); AND OTHER METRICS.—The advisory board including information necessary to maintain ‘‘(vi) is a faculty member or a student of shall evaluate the implementation of the re- the database described in subsection (k), in- an institution of higher education, as that quirement under paragraph (1) by examining cluding— term is defined in section 101 of the Higher increased commercialization and other ‘‘(A) whether an awardee— Education Act of 1965 (20 U.S.C. 1001); or metrics, to be determined and collected by ‘‘(i) has venture capital or is majority ‘‘(vii) is located in a State in which the the SBIR program of the NIH. owned and controlled by multiple venture total value of contracts awarded to small ‘‘(3) PHASE I AND II.—To the greatest extent capital firms, and, if so— business concerns under all STTR programs practicable, the Director of the SBIR pro- ‘‘(I) the amount of venture capital that the is less than the total value of contracts gram of the NIH shall reduce the time period awardee has received as of the date of the awarded to small business concerns in a ma- between Phase I and Phase II funding of award; and jority of other States, as determined by the grants and contracts under the SBIR pro- ‘‘(II) the amount of additional capital that Administrator in biennial fiscal years, begin- gram of the NIH to 6 months. the awardee has invested in the SBIR tech- ning with fiscal year 2008, based on the most ‘‘(f) LIMIT.—Not more than a total of 1 per- nology; recent statistics compiled by the Adminis- cent of the extramural budget (as defined in ‘‘(ii) has an investor that— trator; and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7901

‘‘(B) if an awardee receives an award in an ‘‘(v) the number of employees of the appli- ‘‘(2) REPORTING.—An agreement under amount that is more than the award guide- cant;’’. paragraph (1) shall require that not later lines under this section, a statement from SEC. l306. ACCURACY IN FUNDING BASE CAL- than 4 years after the date of enactment of the agency that justifies the award CULATIONS. the SBIR/STTR Reauthorization Act of 2009, amount;’’; (a) IN GENERAL.—Not later than 1 year and every 4 years thereafter, the National (2) in paragraph (14), by adding ‘‘and’’ at after the date of enactment of this Act, and Research Council shall submit to the head of the end; every 3 years thereafter, the Comptroller the agency entering into the agreement, the (3) by striking paragraph (15); and General of the United States shall— Committee on Small Business and Entrepre- (4) by redesignating paragraph (16) as para- (1) conduct a fiscal and management audit neurship of the Senate, and the Committee graph (15). of the SBIR program and the STTR program on Small Business of the House of Represent- SEC. l304. PUBLIC DATABASE. for the applicable period to— atives a report regarding the study con- Section 9(k)(1) of the Small Business Act (A) determine whether Federal agencies ducted under paragraph (1) and containing (15 U.S.C. 638(k)(1)) is amended— comply with the expenditure amount re- the recommendations described in paragraph (1) in subparagraph (D), by striking ‘‘and’’ quirements under subsections (f)(1) and (n)(1) (1).’’. at the end; of section 9 of the Small Business Act (15 SEC. l308. TECHNOLOGY INSERTION REPORTING (2) in subparagraph (E), by striking the pe- U.S.C. 638), as amended by this division; REQUIREMENTS. riod at the end and inserting ‘‘; and’’; and (B) assess the extent of compliance with Section 9 of the Small Business Act (15 (3) by adding at the end the following: the requirements of section 9(i)(2) of the U.S.C. 638), as amended by this division, is ‘‘(F) for each small business concern that Small Business Act (15 U.S.C. 638(i)(2)) by amended by adding at the end the following: has received a Phase I or Phase II SBIR or Federal agencies participating in the SBIR ‘‘(gg) PHASE III REPORTING.—The annual STTR award from a Federal agency, whether program or the STTR program and the Ad- SBIR or STTR report to Congress by the Ad- the small business concern— ministration; ministration under subsection (b)(7) shall in- ‘‘(i) has venture capital and, if so, whether (C) assess whether it would be more conclude, for each Phase III award made by the the small business concern is registered as sistent and effective to base the amount of Federal agency— majority owned and controlled by multiple the allocations under the SBIR program and ‘‘(1) the name of the agency or component venture capital companies as required under the STTR program on a percentage of the re- of the agency or the non-Federal source of subsection (cc)(3); search and development budget of a Federal capital making the Phase III award; ‘‘(ii) is owned by a woman or has a woman agency, rather than the extramural budget ‘‘(2) the name of the small business con- as a principal investigator; of the Federal agency; and cern or individual receiving the Phase III ‘‘(iii) is owned by a socially or economi- (D) determine the portion of the extra- award; and cally disadvantaged individual or has a so- mural research or research and development ‘‘(3) the dollar amount of the Phase III cially or economically disadvantaged indi- budget of a Federal agency that each Federal award.’’. vidual as a principal investigator; agency spends for administrative purposes SEC. l309. INTELLECTUAL PROPERTY PROTEC- ‘‘(iv) received assistance under the FAST relating to the SBIR program or STTR pro- TIONS. program under section 34 or the outreach gram, and for what specific purposes, includ- (a) IN GENERAL.—The Comptroller General program under subsection (s); or ing the portion, if any, of such budget the of the United States shall conduct a study of ‘‘(v) is owned by a faculty member or a stu- Federal agency spends for salaries and ex- the SBIR program to assess whether— dent of an institution of higher education, as penses, travel to visit applicants, outreach (1) Federal agencies comply with the data that term is defined in section 101 of the events, marketing, and technical assistance; rights protections for SBIR awardees and the Higher Education Act of 1965 (20 U.S.C. and technologies of SBIR awardees under section 1001).’’. (2) submit a report to the Committee on 9 of the Small Business Act (15 U.S.C. 638); SEC. l305. GOVERNMENT DATABASE. Small Business and Entrepreneurship of the (2) the laws and policy directives intended Section 9(k)(2) of the Small Business Act Senate and the Committee on Small Busi- to clarify the scope of data rights, including (15 U.S.C. 638(k)(2)) is amended— ness of the House of Representatives regard- in prototypes and mentor-prote´ge´ relation- (1) by redesignating subparagraphs (C), (D), ing the audit conducted under paragraph (1), ships and agreements with Federal labora- and (E) as subparagraphs (D), (E), and (F), re- including the assessments required under tories, are sufficient to protect SBIR award- spectively; subparagraphs (B) and (C), and the deter- ees; and (2) by inserting after subparagraph (B) the mination made under subparagraph (D) of (3) there is an effective grievance tracking following: paragraph (1). process for SBIR awardees who have griev- ‘‘(C) includes, for each awardee— (b) DEFINITION OF APPLICABLE PERIOD.—In ances against a Federal agency regarding ‘‘(i) the name, size, location, and any iden- this section, the term ‘‘applicable period’’ data rights and a process for resolving those tifying number assigned to the awardee by means— grievances. the Administrator; (1) for the first report submitted under this (b) REPORT.—Not later than 18 months ‘‘(ii) whether the awardee has venture cap- section, the period beginning on October 1, after the date of enactment of this Act, the ital, and, if so— 2000, and ending on September 30 of the last Comptroller General shall submit to the ‘‘(I) the amount of venture capital as of the full fiscal year before the date of enactment Committee on Small Business and Entrepre- date of the award; of this Act for which information is avail- neurship of the Senate and the Committee ‘‘(II) the percentage of ownership of the able; and on Small Business of the House of Represent- awardee held by a venture capital firm, in- (2) for the second and each subsequent re- atives a report regarding the study con- cluding whether the awardee is majority port submitted under this section, the pe- ducted under subsection (a). owned and controlled by multiple venture riod— capital firms; and (A) beginning on October 1 of the first fis- TITLE lll—POLICY DIRECTIVES ‘‘(III) the amount of additional capital that cal year after the end of the most recent full SEC. l401. CONFORMING AMENDMENTS TO THE the awardee has invested in the SBIR tech- fiscal year relating to which a report under SBIR AND THE STTR POLICY DIREC- nology, which information shall be collected this section was submitted; and TIVES. on an annual basis; (B) ending on September 30 of the last full (a) IN GENERAL.—Not later than 180 days ‘‘(iii) the names and locations of any affili- fiscal year before the date of the report. after the date of enactment of this Act, the ates of the awardee; SEC. l307. CONTINUED EVALUATION BY THE NA- Administrator shall promulgate amend- ‘‘(iv) the number of employees of the TIONAL ACADEMY OF SCIENCES. ments to the SBIR Policy Directive and the awardee; Section 108 of the Small Business Reau- STTR Policy Directive to conform such di- ‘‘(v) the number of employees of the affili- thorization Act of 2000 (15 U.S.C. 638 note) is rectives to this division and the amendments ates of the awardee; and amended by adding at the end the following: made by this division. ‘‘(vi) the names of, and the percentage of ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- (b) PUBLISHING SBIR POLICY DIRECTIVE AND ownership of the awardee held by— THORITY.— THE STTR POLICY DIRECTIVE IN THE FEDERAL ‘‘(I) any individual who is not a citizen of ‘‘(1) IN GENERAL.—Not later than 6 months REGISTER.—Not later than 180 days after the the United States or a lawful permanent after the date of enactment of the SBIR/ date of enactment of this Act, the Adminis- resident of the United States; or STTR Reauthorization Act of 2009, the head trator shall publish the amended SBIR Pol- ‘‘(II) any person that is not an individual of each agency described in subsection (a), in icy Directive and the amended STTR Policy and is not organized under the laws of a consultation with the Small Business Ad- Directive in the Federal Register. State or the United States;’’; and ministration, shall cooperatively enter into SEC. l402. PRIORITIES FOR CERTAIN RESEARCH (3) in subparagraph (D), as so redesig- an agreement with the National Academy of INITIATIVES. nated— Sciences for the National Research Council (a) IN GENERAL.—Section 9 of the Small (A) in clause (ii), by striking ‘‘and’’ at the to conduct a study described in subsection Business Act (15 U.S.C. 638), as amended by end; and (a)(1) and make recommendations described this Act, is amended by adding at the end (B) by adding at the end, the following: in subsection (a)(2) not later than 4 years the following: ‘‘(iv) whether the applicant was majority after the date of enactment of the SBIR/ ‘‘(hh) RESEARCH INITIATIVES.—To the ex- owned and controlled by multiple venture STTR Reauthorization Act of 2009, and every tent that such projects relate to the mission capital firms; and 4 years thereafter. of the Federal agency, each Federal agency

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7902 CONGRESSIONAL RECORD — SENATE July 22, 2009

participating in the SBIR program or STTR On page 435, between line 14 and 15, insert (c) REPORT.—Not later than 5 years after program shall encourage the submission of the following: the date of enactment of this Act, the Na- applications for support of projects relating SEC. 1083. CERTAIN DISEASES PRESUMED TO BE tional Institute of Occupational Safety and to security, energy, transportation, or im- WORK-RELATED CAUSE OF DIS- Health in the Centers for Disease Control proving the security and quality of the water ABILITY OR DEATH FOR FEDERAL and Prevention shall examine the implemen- supply of the United States to such pro- EMPLOYEES IN FIRE PROTECTION tation of this section and appropriate sci- gram.’’. ACTIVITIES. entific and medical data related to the (b) SUNSET.—Effective October 1, 2014, sec- (a) DEFINITION.—Section 8101 of title 5, health risks associated with firefighting and tion 9(hh) of the Small Business Act, as United States Code, is amended by adding at submit to Congress a report which shall in- added by subsection (a) of this section, is re- the end the following: clude— pealed. ‘‘(21) ‘employee in fire protection activi- (1) an analysis of the injury claims made SEC. l403. REPORT ON SBIR AND STTR PROGRAM ties’ means a firefighter, paramedic, emer- under this section; GOALS. gency medical technician, rescue worker, (2) an analysis of the available research re- Section 9 of the Small Business Act (15 ambulance personnel, or hazardous material lated to the health risks associated with fire- U.S.C. 638), as amended by this Act, is worker, who— fighting; and amended by adding at the end the following: ‘‘(A) is trained in fire suppression; (3) recommendations for any administra- ‘‘(ii) ANNUAL REPORT ON SBIR AND STTR ‘‘(B) has the legal authority and responsi- tive or legislative actions necessary to en- PROGRAM GOALS.— bility to engage in fire suppression; sure that those diseases most associated ‘‘(1) DEVELOPMENT OF METRICS.—The head ‘‘(C) is engaged in the prevention, control, of each Federal agency required to partici- with firefighting are included in the pre- and extinguishment of fires or response to sumption created by this section. pate in the SBIR program or the STTR pro- emergency situations where life, property, or (d) EFFECTIVE DATE.—The amendment gram shall develop metrics to evaluate the the environment is at risk; and made by this section applies to an injury effectiveness, and the benefit to the people of ‘‘(D) performs such activities as a primary that is first diagnosed, or a death that oc- the United States, of the SBIR program and responsibility of his or her job.’’. curs, on or after the date of enactment of the STTR program of the Federal agency (b) PRESUMPTION RELATING TO EMPLOYEES this Act. that— IN FIRE PROTECTION ACTIVITIES.—Section 8102 ‘‘(A) are science-based and statistically of title 5, United States Code, is amended by SEC. 1084. NOTIFICATIONS OF POSSIBLE EXPO- SURE TO INFECTIOUS DISEASES. driven; adding at the end the following new sub- Title XXVI of the Public Health Service ‘‘(B) reflect the mission of the Federal section: agency; and ‘‘(c)(1)(A) With regard to an employee in Act (42 U.S.C. 300ff-11 et seq.) is amended by ‘‘(C) include factors relating to the eco- fire protection activities, a disease specified adding at the end the following: nomic impact of the programs. in paragraph (2) shall be presumed to be ‘‘PART G—NOTIFICATIONS OF POSSIBLE ‘‘(2) EVALUATION.—The head of each Fed- proximately caused by the employment of EXPOSURE TO INFECTIOUS DISEASES eral agency described in paragraph (1) shall such employee, subject to the length of serv- ‘‘SEC. 2695. INFECTIOUS DISEASES AND CIR- conduct an annual evaluation using the ice requirements specified. The disability or CUMSTANCES RELEVANT TO NOTIFI- metrics developed under paragraph (1) of— death of an employee in fire protection ac- CATION REQUIREMENTS. ‘‘(A) the SBIR program and the STTR pro- tivities due to such a disease shall be pre- ‘‘(a) IN GENERAL.—Not later than 180 days gram of the Federal agency; and sumed to result from personal injury sus- after the date of the enactment of this part, ‘‘(B) the benefits to the people of the tained while in the performance of such em- the Secretary shall complete the develop- United States of the SBIR program and the ployee’s duty. Such presumptions may be re- ment of— STTR program of the Federal agency. butted by a preponderance of the evidence. ‘‘(1) a list of potentially life-threatening ‘‘(3) REPORT.— ‘‘(B) Any presumption described under sub- infectious diseases to which emergency re- ‘‘(A) IN GENERAL.—The head of each Fed- paragraph (A) shall apply only if the em- sponse employees may be exposed in re- eral agency described in paragraph (1) shall ployee in fire protection activities is diag- sponding to emergencies; submit to the appropriate committees of nosed with the disease for which the pre- ‘‘(2) guidelines describing the cir- Congress and the Administrator an annual sumption is sought within 10 years of the cumstances in which such employees may be report describing in detail the results of an last active date of employment as an em- exposed to such diseases, taking into ac- evaluation conducted under paragraph (2). ployee in fire protection activities. count the conditions under which emergency ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The ‘‘(2) The following diseases shall be pre- response is provided; and head of each Federal agency described in sumed to be proximately caused by the em- ‘‘(3) guidelines describing the manner in paragraph (1) shall make each report sub- ployment of the employee in fire protection which medical facilities should make deter- mitted under subparagraph (A) available to activities: minations for purposes of section 2697(d). the public online. ‘‘(A) If the employee has been employed for ‘‘(b) SPECIFICATION OF AIRBORNE INFECTIOUS ‘‘(C) DEFINITION.—In this paragraph, the a minimum of 5 years in the aggregate as an DISEASES.—The list developed by the Sec- term ‘appropriate committees of Congress’ employee in fire protection activities: retary under subsection (a)(1) shall include a means— ‘‘(i) Heart disease. specification of those infectious diseases on ‘‘(i) the Committee on Small Business and ‘‘(ii) Lung disease. the list that are routinely transmitted Entrepreneurship of the Senate; and ‘‘(iii) The following cancers: through airborne or aerosolized means. ‘‘(ii) the Committee on Small Business and ‘‘(I) Brain cancer. ‘‘(c) DISSEMINATION.—The Secretary shall— the Committee on Science and Technology of ‘‘(II) Cancer of the blood or lymphatic sys- ‘‘(1) transmit to State public health offi- the House of Representatives.’’. tems. cers copies of the list and guidelines devel- SEC. l404. COMPETITIVE SELECTION PROCE- ‘‘(III) Leukemia. oped by the Secretary under subsection (a) DURES FOR SBIR AND STTR PRO- ‘‘(IV) Lymphoma (except Hodgkin’s dis- with the request that the officers dissemi- GRAMS. ease). nate such copies as appropriate throughout Section 9 of the Small Business Act (15 ‘‘(V) Multiple myeloma. the States; and U.S.C. 638), as amended by this Act, is ‘‘(VI) Bladder cancer. ‘‘(2) make such copies available to the pub- amended by adding at the end the following: ‘‘(VII) Kidney cancer. lic. ‘‘(jj) COMPETITIVE SELECTION PROCEDURES ‘‘(VIII) Testicular cancer. ‘‘SEC. 2696. ROUTINE NOTIFICATIONS WITH RE- FOR SBIR AND STTR PROGRAMS.—All funds ‘‘(IX) Cancer of the digestive system. SPECT TO AIRBORNE INFECTIOUS awarded, appropriated, or otherwise made ‘‘(X) Colon cancer. DISEASES IN VICTIMS ASSISTED. available in accordance with subsection (f) ‘‘(XI) Liver cancer. ‘‘(a) ROUTINE NOTIFICATION OF DESIGNATED or (n) must be awarded pursuant to competi- ‘‘(XII) Skin cancer. OFFICER.— tive and merit-based selection procedures.’’. ‘‘(XIII) Lung cancer. ‘‘(1) DETERMINATION BY TREATING FACIL- ‘‘(iv) Any other cancer the contraction of ITY.—If a victim of an emergency is trans- SA 1704. Mr. CARPER (for himself, which the Secretary of Labor determines by ported by emergency response employees to Ms. COLLINS, and Mr. LIEBERMAN) sub- regulation to be related to the hazards to a medical facility and the medical facility mitted an amendment intended to be which an employee in fire protection activi- makes a determination that the victim has proposed by him to the bill S. 1390, to ties may be subject. an airborne infectious disease, the medical authorize appropriations for fiscal year ‘‘(B) Regardless of the length of time an facility shall notify the designated officer of 2010 for military activities of the De- employee in fire protection activities has the emergency response employees who partment of Defense, for military con- been employed, any uncommon infectious transported the victim to the medical facil- struction, and for defense activities of disease, including tuberculosis, hepatitis A, ity of the determination. B, or C, and the human immunodeficiency ‘‘(2) DETERMINATION BY FACILITY the Department of Energy, to prescribe virus (HIV), the contraction of which the ASCERTAINING CAUSE OF DEATH.—If a victim of military personnel strengths for such Secretary of Labor determines by regulation an emergency is transported by emergency fiscal year, and for other purposes; to be related to the hazards to which an em- response employees to a medical facility and which was ordered to lie on the table; ployee in fire protection activities may be the victim dies at or before reaching the as follows: subject.’’. medical facility, the medical facility

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7903 ascertaining the cause of death shall notify in writing, inform the designated officer who ‘‘(ii) the medical facility shall provide to the designated officer of the emergency resubmitted the request under subsection (c) of the designated officer the applicable response employees who transported the vic- the determination. sponse specified in subsection (d). tim to the initial medical facility of any de- ‘‘(4) INSUFFICIENT INFORMATION.— ‘‘(B) If an evaluation under paragraph termination by the medical facility that the ‘‘(A) If a medical facility finds in evalu- (1)(A) indicates that the facts provided in the victim had an airborne infectious disease. ating facts for purposes of paragraph (1) that request to the medical facility were insuffi- ‘‘(b) REQUIREMENT OF PROMPT NOTIFICA- the facts are insufficient to make the deter- cient for purposes of determinations speci- TION.—With respect to a determination de- mination described in such paragraph, the fied in subsection (c)— scribed in paragraph (1) or (2) of subsection medical facility shall, in writing, inform the ‘‘(i) the public health officer shall provide (a), the notification required in each of such designated officer who submitted the request advice to the designated officer regarding paragraphs shall be made as soon as is prac- under subsection (c) of the insufficiency of the collection and description of appropriate ticable, but not later than 48 hours after the the facts. facts; and determination is made. ‘‘(B)(i) If a medical facility finds in making ‘‘(ii) if sufficient facts are obtained by the ‘‘SEC. 2697. REQUEST FOR NOTIFICATIONS WITH a determination under paragraph (1) that the designated officer— RESPECT TO VICTIMS ASSISTED. facility possesses no information on whether ‘‘(I) the public health officer shall, on be- ‘‘(a) INITIATION OF PROCESS BY EMPLOYEE.— the victim involved has an infectious disease half of the designated officer involved, resub- If an emergency response employee believes included on the list under section 2695(a), the mit the request to the medical facility; and that the employee may have been exposed to medical facility shall, in writing, inform the ‘‘(II) the medical facility shall provide to an infectious disease by a victim of an emer- designated officer who submitted the request the designated officer the appropriate re- gency who was transported to a medical fa- under subsection (c) of the insufficiency of sponse under subsection (c). cility as a result of the emergency, and if the such medical information. ‘‘SEC. 2698. PROCEDURES FOR NOTIFICATION OF employee attended, treated, assisted, or ‘‘(ii) If after making a response under EXPOSURE. transported the victim pursuant to the emer- clause (i) a medical facility determines that ‘‘(a) CONTENTS OF NOTIFICATION TO OFFI- gency, then the designated officer of the em- the victim involved has an infectious dis- CER.—In making a notification required ployee shall, upon the request of the em- ease, the medical facility shall make the de- under section 2696 or 2697(d)(2), a medical fa- ployee, carry out the duties described in sub- termination described in paragraph (1) and cility shall provide— section (b) regarding a determination of provide the applicable response specified in ‘‘(1) the name of the infectious disease in- whether the employee may have been ex- this subsection. volved; and posed to an infectious disease by the victim. ‘‘(2) the date on which the victim of the ‘‘(b) INITIAL DETERMINATION BY DESIGNATED ‘‘(e) TIME FOR MAKING RESPONSE.—After re- emergency involved was transported by OFFICER.—The duties referred to in sub- ceiving a request under subsection (c) (in- section (a) are that— cluding any such request resubmitted under emergency response employees to the med- ‘‘(1) the designated officer involved collect subsection (g)(2)), a medical facility shall ical facility involved. ANNER OF NOTIFICATION.—If a notifi- the facts relating to the circumstances under make the applicable response specified in ‘‘(b) M cation under section 2696 or 2697(d)(2) is which, for purposes of subsection (a), the em- subsection (d) as soon as is practicable, but mailed or otherwise indirectly made— ployee involved may have been exposed to an not later than 48 hours after receiving the ‘‘(1) the medical facility sending the notifi- infectious disease; and request. cation shall, upon sending the notification, ‘‘(2) the designated officer evaluate such ‘‘(f) DEATH OF VICTIM OF EMERGENCY.— inform the designated officer to whom the facts and make a determination of whether, ‘‘(1) FACILITY ASCERTAINING CAUSE OF notification is sent of the fact that the noti- if the victim involved had any infectious dis- DEATH.—If a victim described in subsection fication has been sent; and ease included on the list issued under para- (a) dies at or before reaching the medical fa- ‘‘(2) such designated officer shall, not later graph (1) of section 2695(a), the employee cility involved, and the medical facility re- than 10 days after being informed by the would have been exposed to the disease under ceives a request under subsection (c), the medical facility that the notification has such facts, as indicated by the guidelines medical facility shall provide a copy of the been sent, inform such medical facility issued under paragraph (2) of such section. request to the medical facility ascertaining ‘‘(c) SUBMISSION OF REQUEST TO A MEDICAL whether the designated officer has received the cause of death of the victim, if such fa- FACILITY.— the notification. cility is a different medical facility than the ‘‘(1) IN GENERAL.—If a designated officer ‘‘SEC. 2699. NOTIFICATION OF EMPLOYEE. facility that received the original request. makes a determination under subsection ‘‘(a) IN GENERAL.—After receiving a notifi- ‘‘(2) RESPONSIBILITY OF FACILITY.—Upon the (b)(2) that an emergency response employee cation for purposes of section 2696 or receipt of a copy of a request for purposes of may have been exposed to an infectious dis- 2697(d)(2), a designated officer of emergency paragraph (1), the duties otherwise estab- ease, the designated officer shall submit to response employees shall, to the extent prac- lished in this part regarding medical facili- the medical facility to which the victim in- ticable, immediately notify each of such em- ties shall apply to the medical facility volved was transported a request for a re- ployees who— ascertaining the cause of death of the victim sponse under subsection (d) regarding the ‘‘(1) responded to the emergency involved; in the same manner and to the same extent victim of the emergency involved. and as such duties apply to the medical facility ‘‘(2) FORM OF REQUEST.—A request under ‘‘(2) as indicated by guidelines developed originally receiving the request. paragraph (1) shall be in writing and be by the Secretary, may have been exposed to signed by the designated officer involved, ‘‘(g) ASSISTANCE OF PUBLIC HEALTH OFFI- an infectious disease. and shall contain a statement of the facts CER.— ‘‘(b) CERTAIN CONTENTS OF NOTIFICATION TO collected pursuant to subsection (b)(1). ‘‘(1) EVALUATION OF RESPONSE OF MEDICAL EMPLOYEE.—A notification under this sub- ‘‘(d) EVALUATION AND RESPONSE REGARDING FACILITY REGARDING INSUFFICIENT FACTS.— section to an emergency response employee REQUEST TO MEDICAL FACILITY.— ‘‘(A) In the case of a request under sub- shall inform the employee of— ‘‘(1) IN GENERAL.—If a medical facility re- section (c) to which a medical facility has ‘‘(1) the fact that the employee may have ceives a request under subsection (c), the made the response specified in subsection been exposed to an infectious disease and the medical facility shall evaluate the facts sub- (d)(4)(A) regarding the insufficiency of facts, name of the disease involved; mitted in the request and make a determina- the public health officer for the community ‘‘(2) any action by the employee that, as tion of whether, on the basis of the medical in which the medical facility is located shall indicated by guidelines developed by the Sec- information possessed by the facility regard- evaluate the request and the response, if the retary, is medically appropriate; and ing the victim involved, the emergency redesignated officer involved submits such doc- ‘‘(3) if medically appropriate under such sponse employee was exposed to an infec- uments to the officer with the request that criteria, the date of such emergency. tious disease included on the list issued the officer make such an evaluation. ‘‘(c) RESPONSES OTHER THAN NOTIFICATION under paragraph (1) of section 2695(a), as in- ‘‘(B) As soon as is practicable after a public OF EXPOSURE.—After receiving a response dicated by the guidelines issued under para- health officer receives a request under para- under paragraph (3) or (4) of subsection (d) of graph (2) of such section. graph (1), but not later than 48 hours after section 2697, or a response under subsection ‘‘(2) NOTIFICATION OF EXPOSURE.—If a med- receipt of the request, the public health offi- (g)(1) of such section, the designated officer ical facility makes a determination under cer shall complete the evaluation required in for the employee shall, to the extent prac- paragraph (1) that the emergency response such paragraph and inform the designated of- ticable, immediately inform the employee of employee involved has been exposed to an in- ficer of the results of the evaluation. the response. fectious disease, the medical facility shall, ‘‘(2) FINDINGS OF EVALUATION.— ‘‘SEC. 2699a. SELECTION OF DESIGNATED OFFI- in writing, notify the designated officer who ‘‘(A) If an evaluation under paragraph CERS. submitted the request under subsection (c) of (1)(A) indicates that the facts provided to the ‘‘(a) IN GENERAL.—For the purposes of re- the determination. medical facility pursuant to subsection (c) ceiving notifications and responses and mak- ‘‘(3) FINDING OF NO EXPOSURE.—If a medical were sufficient for purposes of determina- ing requests under this part on behalf of facility makes a determination under para- tions under subsection (d)(1)— emergency response employees, the public graph (1) that the emergency response em- ‘‘(i) the public health officer shall, on be- health officer of each State shall designate 1 ployee involved has not been exposed to an half of the designated officer involved, resub- official or officer of each employer of emer- infectious disease, the medical facility shall, mit the request to the medical facility; and gency response employees in the State.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7904 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(b) PREFERENCE IN MAKING DESIGNA- At the end of subtitle C of title II, add the SEC. 557. REPORT ON YELLOW RIBBON RE- TIONS.—In making the designations required following: INTEGRATION PROGRAM. in subsection (a), a public health officer shall SEC. 245. EXTENSION OF DEADLINE FOR STUDY (a) REPORT REQUIRED.—Not later than 180 give preference to individuals who are ON BOOST-PHASE MISSILE DEFENSE. days after the date of the enactment of this trained in the provision of health care or in Section 232(c)(1) of the Duncan Hunter Na- Act, the Secretary of Defense shall submit to the control of infectious diseases. tional Defense Authorization Act for Fiscal the congressional defense committees a re- ‘‘SEC. 2699b. LIMITATIONS WITH RESPECT TO DU- Year 2009 (Public Law 110–417; 122 Stat. 4392) port on the various reintegration programs TIES OF MEDICAL FACILITIES. is amended by striking ‘‘October 31, 2010’’ being administered in support of National ‘‘The duties established in this part for a and inserting ‘‘March 1, 2011’’. Guard and Reserve members and their fami- medical facility— lies. ‘‘(1) shall apply only to medical informa- SA 1706. Mr. DORGAN (for himself (b) ELEMENTS.—The report required by sub- tion possessed by the facility during the pe- and Mr. CONRAD) submitted an amend- section (a) shall include the following: riod in which the facility is treating the vic- ment intended to be proposed by him (1) An evaluation of the initial implemen- tim for conditions arising from the emer- to the bill S. 1390, to authorize appro- tation of the Yellow Ribbon Reintegration gency, or during the 60-day period beginning priations for fiscal year 2010 for mili- Program in fiscal year 2009. (2) An assessment of the feasibility of in- on the date on which the victim is trans- tary activities of the Department of ported by emergency response employees to corporating the best practices from the sup- the facility, whichever period expires first; Defense, for military construction, and plementary full deployment services pilot and for defense activities of the Depart- programs of various States into the Yellow ‘‘(2) shall not apply to any extent after the ment of Energy, to prescribe military Ribbon program. expiration of the 30-day period beginning on personnel strengths for such fiscal (3) An assessment of the extent to which the expiration of the applicable period re- year, and for other purposes; which was Yellow Ribbon funding, although requested ferred to in paragraph (1), except that such ordered to lie on the table; as follows: in multiple component accounts, supports robust joint programs that provide re- duties shall apply with respect to any re- At the end of subtitle D of title IX, add the integration and support services to National quest under section 2697(c) received by a following: medical facility before the expiration of such Guard and Reserve members and their fami- SEC. 933. PLAN ON ACCESS TO NATIONAL AIR- lies regardless of military affiliation. 30-day period. SPACE FOR UNMANNED AIRCRAFT. (4) An assessment of the extent to which ‘‘SEC. 2699c. RULES OF CONSTRUCTION. (a) IN GENERAL.—The Secretary of Defense ‘‘(a) LIABILITY OF MEDICAL FACILITIES AND and the Secretary of Transportation shall, Yellow Ribbon programs are coordinating DESIGNATED OFFICERS.—This part may not be after consultation with the Secretary of closely with the Department of Veterans Af- construed to authorize any cause of action Homeland Security, jointly develop a plan fairs and its various veterans’ programs. for damages or any civil penalty against any for providing access to the national airspace (5) Plans for further implementation of the medical facility, or any designated officer, for unmanned aircraft of the Department of Yellow Ribbon Reintegration Program in fis- for failure to comply with the duties estab- Defense. cal year 2010. lished in this part. (b) ELEMENTS.—The plan required by sub- ‘‘(b) TESTING.—This part may not, with re- section (a) shall include the following: SA 1708. Mr. BURR submitted an spect to victims of emergencies, be con- (1) A description of how the Department of amendment intended to be proposed by strued to authorize or require a medical fa- Defense and the Department of Transpor- him to the bill S. 1390, to authorize ap- cility to test any such victim for any infec- tation will communicate and cooperate, at propriations for fiscal year 2010 for tious disease. the executive, management, and action lev- ‘‘(c) CONFIDENTIALITY.—This part may not military activities of the Department els, to provide access to the national air- be construed to authorize or require any of Defense, for military construction, space for unmanned aircraft of the Depart- medical facility, any designated officer of and for defense activities of the De- emergency response employees, or any such ment of Defense. (2) Specific milestones, aligned to oper- partment of Energy, to prescribe mili- employee, to disclose identifying informa- tary personnel strengths for such fiscal tion with respect to a victim of an emer- ational and training needs, for providing access to the national airspace for unmanned year, and for other purposes; which was gency or with respect to an emergency re- ordered to lie on the table; as follows: sponse employee. aircraft and a transition plan for sites pro- ‘‘(d) FAILURE TO PROVIDE EMERGENCY SERV- grammed to be activated as unmanned aerial At the appropriate place, insert the fol- ICES.—This part may not be construed to au- system sites during fiscal years 2010 through lowing: thorize any emergency response employee to 2015. SEC. ll. UNITED STATES COORDINATOR FOR fail to respond, or to deny services, to any (3) Recommendations for policies with re- BIOSECURITY. victim of an emergency. spect to use of the national airspace, flight (a) ESTABLISHMENT.—Not later than 180 ‘‘SEC. 2699d. INJUNCTIONS REGARDING VIOLA- standards, and operating procedures that days after the date of enactment of this Act, TION OF PROHIBITION. should be implemented by the Department of the President shall appoint, as an officer ‘‘(a) IN GENERAL.—The Secretary may, in Defense and the Department of Transpor- within the Executive Office of the President, any court of competent jurisdiction, com- tation to accommodate unmanned aircraft a ‘‘Coordinator for Biosecurity’’ (referred to mence a civil action for the purpose of ob- assigned to any State or territory of the in this section as the ‘‘Coordinator’’). taining temporary or permanent injunctive United States. (b) OFFICER.— relief with respect to any violation of this (4) An identification of resources required (1) RESPONSIBILITY.—The Coordinator shall part. by the Department of Defense and the De- be responsible on a full-time basis for the re- ‘‘(b) FACILITATION OF INFORMATION ON VIO- partment of Transportation to execute the sponsibilities described in this section. LATIONS.—The Secretary shall establish an plan. (2) LIMITATION.—No person shall serve as administrative process for encouraging (c) REPORT.—Not later than 180 days after Coordinator while serving in any other posi- emergency response employees to provide in- the date of the enactment of this Act, the tion in the Federal Government. formation to the Secretary regarding viola- Secretary of Defense and the Secretary of (c) DUTIES.—The responsibilities of the Co- tions of this part. As appropriate, the Sec- Transportation shall submit to the congres- ordinator shall include each of the following: retary shall investigate alleged such viola- sional defense committees, the Committee (1) Serving as the principal advisor to the tions and seek appropriate injunctive relief. on Commerce, Science, and Transportation President on all matters relating to biosecu- ‘‘SEC. 2699e. APPLICABILITY OF PART. of the Senate, and the Committee on Trans- rity, including related public health pre- ‘‘This part shall not apply in a State if the portation and Infrastructure of the House of paredness. chief executive officer of the State certifies Representatives a report containing the plan (2) Developing a comprehensive and well- to the Secretary that the law of the State is required by subsection (a). coordinated, near- and long-term, United in substantial compliance with this part.’’. States strategy and policies for preventing, SA 1707. Mrs. SHAHEEN submitted preparing for, and responding to biological SA 1705. Mr. NELSON of Florida sub- an amendment intended to be proposed threats and attacks, including related public mitted an amendment intended to be by her to the bill S. 1390, to authorize health preparedness, which strategies and proposed by him to the bill S. 1390, to appropriations for fiscal year 2010 for policies shall include— authorize appropriations for fiscal year military activities of the Department (A) strengthening of United States intel- 2010 for military activities of the De- of Defense, for military construction, ligence collection efforts, to identify foreign partment of Defense, for military con- and for defense activities of the De- or domestic plans to develop biological weap- struction, and for defense activities of partment of Energy, to prescribe mili- ons and to interdict any effort to use biologi- the Department of Energy, to prescribe cal weapons against the United States before tary personnel strengths for such fiscal such use can take place; military personnel strengths for such year, and for other purposes; which was (B) building capacity to mitigate the con- fiscal year, and for other purposes; ordered to lie on the table; as follows: sequences of biological threats and attacks, which was ordered to lie on the table; On page 161, after line 23, insert the fol- including the coordination of global bio- as follows: lowing: surveillance efforts to provide early warning

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7905 detection and situational awareness of delib- (3) use or enter into an agreement to use, rotorcraft for the purpose of providing armed erately caused and natural disease outbreaks for administrative purposes, on a reimburs- scout helicopter mission capability. and improving the capacity of public health able basis, the available services, equipment, and medical care systems; personnel, and facilities of Federal, State, SA 1710. Mr. LEVIN (for himself, Mr. (C) accelerating the development, manu- and local agencies; and MCCAIN, and Mr. GRAHAM) submitted facture, and procurement of medical coun- (4) procure the services of experts and con- an amendment intended to be proposed termeasures, including new and innovative sultants in accordance with section 3109 of by him to the bill S. 1390, to authorize medicines, vaccines, and diagnostics, and title 5, United States Code, relating to ap- appropriations for fiscal year 2010 for strengthening production capabilities; pointments in the Federal Service, at daily military activities of the Department (D) ensuring that domestic and inter- rates of compensation for individuals not to of Defense, for military construction, national biosecurity programs are coordi- exceed the daily equivalent of the rate pay- and for defense activities of the De- nated and optimized to enable robust re- able for level IV of the Executive Schedule search and development efforts while lim- under section 5315 of title 5, United States partment of Energy, to prescribe mili- iting the risk of diversion of pathogens for Code. tary personnel strengths for such fiscal malevolent purposes; (e) ANNUAL REPORT ON STRATEGIC PLAN.— year, and for other purposes; which was (E) identifying clear and measurable objec- For fiscal year 2011 and each fiscal year ordered to lie on the table; as follows: tives, milestones, and targets to which de- thereafter, the Coordinator shall submit to On page 321, in the table of subchapters in partments and agencies can be held account- Congress, on the date that the President sub- the quoted text following line 21, strike the able; mits the budget of the United States Govern- items relating to subchapters V, VI, and VII, (F) identification of gaps, duplication, and ment to Congress under section 1105 of title and insert the following: other inefficiencies in programs, initiatives, 31, United States Code, a report on the strat- ‘‘V. Classified Information Proce- and activities and the steps necessary to egy and policies developed pursuant to sub- dures ...... 949p–1. overcome those obstacles; section (c)(2), together with any rec- ‘‘VI. Sentences ...... 949s. (G) developing and carrying out plans to ommendations of the Coordinator for legisla- ‘‘VII. Post-Trial Procedures and coordinate United States programs, initiative changes that the Coordinator considers Review of Military Commis- tives, and other activities relating to the appropriate with respect to such strategy sions ...... 950a. prevention of, preparation for, and response and policies and their implementation. ‘‘VIII. Punitive Matters ...... 950p. to, biological threats and attacks (including (f) PARTICIPATION OF COORDINATOR FOR BIO- On page 323, between lines 22 and 23, insert related public health preparedness), includ- SECURITY IN THE NATIONAL SECURITY COUNCIL the following: ing activities of the Department of Health AND IN THE HOMELAND SECURITY COUNCIL.— ‘‘(8) NATIONAL SECURITY.—The term ‘‘na- and Human Services, the Department of De- (1) NATIONAL SECURITY COUNCIL.—Section tional security’’ means the national defense fense, the Department of State, the Depart- 101 of the National Security Act of 1947 (50 and foreign relations of the United States. ment of Homeland Security, the Department U.S.C. 402) is amended by adding at the end Beginning on page 347, strike line 19 and of Agriculture, the Environmental Protec- the following: all that follows through page 349, line 10. tion Agency, the National Science Founda- ‘‘(m) PARTICIPATION OF COORDINATOR FOR On page 354, strike line 13 and all that fol- tion, and other Federal agencies involved BIOSECURITY.—The United States Coordi- lows through page 355, line 10. with biosecurity activities; and nator for Biosecurity (or, in the Coordina- On page 360, strike line 24 and insert the (H) coordination of activities with biosecu- tor’s absence, the individual designated by following: rity stakeholders. the President to serve as the Acting Coordi- ‘‘SUBCHAPTER V—CLASSIFIED (3) Leading interagency coordination of nator for Biosecurity) may, in the perform- INFORMATION PROCEDURES United States efforts to implement the strat- ance of the Coordinator’s duty as principal ‘‘Sec. egy and policies described in paragraphs (2) advisor to the President on all matters relat- ‘‘949p–1. Protection of classified information: and (6). ing to biosecurity, and, subject to the direc- applicability of subchapter. (4) Conducting oversight and evaluation of tion of the President, attend and participate ‘‘949p–2. Pretrial conference. the implementation of programs, initiatives, in meetings of the National Security Coun- ‘‘949p–3. Protective orders. and activities to prevent, prepare for, and re- cil.’’. ‘‘949p–4. Discovery of, and access to, classified information by the ac- spond to biological threats and attacks, in- (2) HOMELAND SECURITY COUNCIL.—Section cluding related public health preparedness 903 of the Homeland Security Act of 2002 (6 cused. ‘‘949p–5. Notice by accused of intention to activities, by relevant government depart- U.S.C. 493) is amended by adding at the end disclose classified information. the following new subsection: ments and agencies. ‘‘949p–6. Procedure for cases involving classi- ‘‘(c) ATTENDANCE OF THE COORDINATOR FOR (5) Overseeing the development of a com- fied information. prehensive and coordinated budget for pro- BIOSECURITY.—The United States Coordi- ‘‘949p–7. Introduction of classified informa- grams, initiatives, and activities to prevent, nator for Biosecurity (or, in the Coordina- tion into evidence. prepare for, and respond to, biological tor’s absence, the individual designated by ‘‘§ 949p–1. Protection of classified informa- threats and attacks, including related public the President to serve as the Acting Coordi- tion: applicability of subchapter health preparedness, by ensuring that such nator for Biosecurity) may, in the perform- budget adequately reflects the priorities of ance of the Coordinator’s duty as principal ‘‘(a) PROTECTION OF CLASSIFIED INFORMA- TION.—Classified information shall be pro- the challenges and is effectively executed, advisor to the President on all matters relat- tected and is privileged from disclosure if and carrying out other appropriate budg- ing to biosecurity, and, subject to the direc- disclosure would be detrimental to the na- etary authorities. tion of the President, attend and participate tional security. Under no circumstances may (6) Carrying out such additional duties rein meetings of the Council.’’. a military judge order the release of classi- lated to biosecurity as the President may de- fied information to any person not author- termine to be appropriate and consistent SA 1709. Mr. WICKER submitted an ized to receive such information. with the duties listed in paragraph (2). amendment intended to be proposed by ‘‘(b) ACCESS TO EVIDENCE.—Any informa- (d) STAFF.—The Coordinator may, con- him to the bill S. 1390, to authorize ap- tion admitted into evidence pursuant to any sistent with subsection (a)— propriations for fiscal year 2010 for rule, procedure, or order by the military (1) appoint, employ, fix the compensation military activities of the Department judge shall be provided to the accused. of, and terminate the employment of such of Defense, for military construction, ‘‘(c) DECLASSIFICATION.—Trial counsel shall personnel as may be necessary to enable the and for defense activities of the De- work with the original classification authorities for evidence that may be used at Coordinator to perform the Coordinator’s du- partment of Energy, to prescribe mili- ties under this section and may fix that com- trial to ensure that such evidence is declas- pensation without regard to chapter 51 and tary personnel strengths for such fiscal sified to the maximum extent possible, con- subchapter III of chapter 53 of title 5, United year, and for other purposes; which was sistent with the requirements of national se- States Code, relating to classification of po- ordered to lie on the table; as follows: curity. A decision not to declassify evidence sitions and General Schedule pay rates, ex- On page 435, between lines 14 and 15, insert under this section shall not be subject to re- cept that the rate of pay for a member of the the following: view by a military commission or upon appeal. personnel may not exceed the rate payable SEC. 1083. AUTHORITY TO USE OH–38 AIRCRAFT ONSTRUCTION OF ROVISIONS for level V of the Executive Schedule under FUNDING FOR IMPROVEMENTS AND ‘‘(d) C P .—The ju- section 5316 of such title; MODIFICATIONS TO ARMY AND SPE- dicial construction of the Classified Informa- (2) direct, with the concurrence of the Sec- CIAL OPERATIONS ROTORCRAFT. tion Procedures Act (18 U.S.C. App.) shall be retary of a department or head of an agency, Notwithstanding any other provision of authoritative in the interpretation of this the temporary reassignment within the Fed- law, amounts authorized to be appropriated subchapter, except to the extent that such eral Government of personnel employed by by this or any other Act for the purpose of construction is inconsistent with the specific such department or agency, in order to im- enhancing, improving or modifying OH–58 requirements of this chapter. plement United States policy with regard to aircraft may be used for that purpose and for ‘‘§ 949p–2. Pretrial conference biosecurity, including related public health enhancing, improving, or modifying any ex- ‘‘(a) MOTION.—At any time after service of preparedness; isting Army or Special Operation Forces charges, any party may move for a pretrial

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7906 CONGRESSIONAL RECORD — SENATE July 22, 2009 conference to consider matters relating to accused’s discovery of or access to classified ‘‘(2) may prohibit the examination by the classified information that may arise in con- information under this section, may author- accused of any witness with respect to any nection with the prosecution. ize the United States— such information. ‘‘(b) CONFERENCE.—Following a motion ‘‘(A) to delete or withhold specified items ‘‘§ 949p–6. Procedure for cases involving clas- under subsection (a), or sua sponte, the mili- of classified information; sified information tary judge shall promptly hold a pretrial ‘‘(B) to substitute a summary for classified ‘‘(a) MOTION FOR HEARING.— conference. Upon request by either party, information; or ‘‘(1) REQUEST FOR HEARING.—Within the the court shall hold such conference ex parte ‘‘(C) to substitute a statement admitting time specified by the military judge for the to the extent necessary to protect classified relevant facts that the classified information filing of a motion under this section, either information from disclosure, in accordance or material would tend to prove. party may request the military judge to con- with the practice of the Federal courts under ‘‘(2) EX PARTE PRESENTATIONS.—The mili- duct a hearing to make all determinations the Classified Information Procedures Act tary judge shall permit the trial counsel to concerning the use, relevance, or admissi- (18 U.S.C. App.). make a request for an authorization under bility of classified information that would ‘‘(c) MATTERS TO BE ESTABLISHED AT PRE- paragraph (1) in the form of an ex parte pres- otherwise be made during the trial or pre- TRIAL CONFERENCE.— entation to the extent necessary to protect trial proceeding. ‘‘(1) TIMING OF SUBSEQUENT ACTIONS.—At classified information, in accordance with the pretrial conference, the military judge the practice of the Federal courts under the ‘‘(2) CONDUCT OF HEARING.—Upon a request shall establish the timing of— Classified Information Procedures Act (18 by either party under paragraph (1), the mili- ‘‘(A) requests for discovery; U.S.C. App.). If the military judge enters an tary judge shall conduct such a hearing and ‘‘(B) the provision of notice required by order granting relief following such an ex shall rule prior to conducting any further section 949p–5 of this title; and parte showing, the entire text of the written proceedings. ‘‘(C) the initiation of the procedure estab- submission shall be sealed and preserved in ‘‘(3) IN CAMERA HEARING UPON DECLARATION lished by section 949p–6 of this title. the records of the military commission to be TO COURT BY APPROPRIATE OFFICIAL OF RISK OF DISCLOSURE OF CLASSIFIED INFORMATION.— ‘‘(2) OTHER MATTERS.—At the pretrial con- made available to the appellate court in the ference, the military judge may also con- event of an appeal. Any hearing held pursuant to this subsection sider any matter— ‘‘(3) ACTION BY MILITARY JUDGE.—The mili- (or any portion of such hearing specified in ‘‘(A) which relates to classified informa- tary judge shall grant the request of the the request of a knowledgeable United States tion; or trial counsel to substitute a summary or to official) shall be held in camera if a knowl- ‘‘(B) which may promote a fair and expedi- substitute a statement admitting relevant edgeable United States official possessing tious trial. facts, or to provide other relief in accordance authority to classify information submits to ‘‘(d) EFFECT OF ADMISSIONS BY ACCUSED AT with paragraph (1), if the military judge the military judge a declaration that a pub- PRETRIAL CONFERENCE.—No admission made finds that the summary, statement, or other lic proceeding may result in the disclosure of by the accused or by any counsel for the ac- relief would provide the accused with sub- classified information. Classified informa- cused at a pretrial conference under this sec- stantially the same ability to make a de- tion is not subject to disclosure under this tion may be used against the accused unless fense as would discovery of or access to the section unless the information is relevant the admission is in writing and is signed by specific classified information. and necessary to an element of the offense or the accused and by the counsel for the ac- ‘‘(c) RECONSIDERATION.—An order of a mili- a legally cognizable defense and is otherwise cused. tary judge authorizing a request of the trial admissible in evidence. counsel to substitute, summarize, withhold, ‘‘(4) MILITARY JUDGE TO MAKE DETERMINA- ‘‘§ 949p–3. Protective orders or prevent access to classified information TIONS IN WRITING.—As to each item of classi- ‘‘Upon motion of the trial counsel, the under this section is not subject to a motion fied information, the military judge shall set military judge shall issue an order to protect for reconsideration by the accused, if such forth in writing the basis for the determina- against the disclosure of any classified infor- order was entered pursuant to an ex parte tion. mation that has been disclosed by the United showing under this section. ‘‘(b) NOTICE AND USE OF CLASSIFIED INFOR- States to any accused in any military com- ‘‘§ 949p–5. Notice by accused of intention to MATION BY THE GOVERNMENT.— mission under this chapter or that has other- disclose classified information ‘‘(1) NOTICE TO ACCUSED.—Before any hear- wise been provided to, or obtained by, any ‘‘(a) NOTICE BY ACCUSED.— ing is conducted pursuant to a request by the such accused in any such military commis- ‘‘(1) NOTIFICATION OF TRIAL COUNSEL AND trial counsel under subsection (a), trial coun- sion. MILITARY JUDGE.—If an accused reasonably sel shall provide the accused with notice of ‘‘§ 949p–4. Discovery of, and access to, classi- expects to disclose, or to cause the disclosure the classified information that is at issue. fied information by the accused of, classified information in any manner in Such notice shall identify the specific classi- ‘‘(a) LIMITATIONS ON DISCOVERY OR ACCESS connection with any trial or pretrial pro- fied information at issue whenever that in- BY THE ACCUSED.— ceeding involving the prosecution of such ac- formation previously has been made avail- ‘‘(1) DECLARATIONS BY THE UNITED STATES cused, the accused shall, within the time able to the accused by the United States. OF DAMAGE TO NATIONAL SECURITY.—In any specified by the military judge or, where no When the United States has not previously case before a military commission in which time is specified, within 30 days before trial, made the information available to the ac- the United States seeks to delete, withhold, notify the trial counsel and the military cused in connection with the case the infor- or otherwise obtain other relief with respect judge in writing. Such notice shall include a mation may be described by generic cat- to the discovery of or access to any classified brief description of the classified informa- egory, in such forms as the military judge information, the trial counsel shall submit a tion. Whenever the accused learns of addi- may approve, rather than by identification declaration invoking the United States’ clas- tional classified information the accused of the specific information of concern to the sified information privilege and setting forth reasonably expects to disclose, or to cause United States. the damage to the national security that the the disclosure of, at any such proceeding, the ‘‘(2) ORDER BY MILITARY JUDGE UPON RE- discovery of or access to such information accused shall notify trial counsel and the QUEST OF ACCUSED.—Whenever the trial coun- reasonably could be expected to cause. The military judge in writing as soon as possible sel requests a hearing under subsection (a), declaration shall be signed by a knowledge- thereafter and shall include a brief descrip- the military judge, upon request of the ac- able United States official possessing au- tion of the classified information. cused, may order the trial counsel to provide thority to classify information. ‘‘(2) LIMITATION ON DISCLOSURE BY AC- the accused, prior to trial, such details as to ‘‘(2) STANDARD FOR AUTHORIZATION OF DIS- CUSED.—No accused shall disclose, or cause the portion of the charge or specification at COVERY OR ACCESS.—Upon the submission of a the disclosure of, any information known or issue in the hearing as are needed to give the declaration under paragraph (1), the military believed to be classified in connection with a accused fair notice to prepare for the hear- judge shall not authorize the discovery of or trial or pretrial proceeding until— ing. access to such classified information unless ‘‘(A) notice has been given under paragraph ‘‘(c) SUBSTITUTIONS.— the military judge determines that such (1); and ‘‘(1) IN CAMERA PRETRIAL HEARING.—Upon classified information would be noncumu- ‘‘(B) the United States has been afforded a request of the trial counsel pursuant to the lative, relevant, and helpful to a legally cog- reasonable opportunity to seek a determina- Military Commission Rules of Evidence, and nizable defense, rebuttal of the prosecution’s tion pursuant to the procedure set forth in in accordance with the security procedures case, or to sentencing, in accordance with section 949p–6 of this title and the time for established by the military judge, the mili- standards generally applicable to discovery the United States to appeal such determina- tary judge shall conduct a classified in cam- of or access to classified information in Fed- tion under section 950d of this title has ex- era pretrial hearing concerning the admissi- eral criminal cases. If the discovery of or ac- pired or any appeal under that section by the bility of classified information. cess to such classified information is author- United States is decided. ‘‘(2) PROTECTION OF SOURCES, METHODS, AND ized, it shall be addressed in accordance with ‘‘(b) FAILURE TO COMPLY.—If the accused ACTIVITIES BY WHICH EVIDENCE ACQUIRED.— the requirements of subsection (b). fails to comply with the requirements of sub- The military judge shall permit the trial ‘‘(b) DISCOVERY OF CLASSIFIED INFORMA- section (a), the military judge— counsel to introduce otherwise admissible TION.— ‘‘(1) may preclude disclosure of any classi- evidence, including a substituted evidentiary ‘‘(1) SUBSTITUTIONS AND OTHER RELIEF.— fied information not made the subject of no- foundation pursuant to the procedures de- The military judge, in assessing the tification; and scribed in subsection (d), before a military

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7907

commission while protecting from disclosure order under paragraph (1) from disclosing or ‘‘(c) TAKING OF TESTIMONY.— the sources, methods, or activities by which causing the disclosure of classified informa- ‘‘(1) OBJECTION BY TRIAL COUNSEL.—During the United States acquired the evidence if tion, the military judge shall dismiss the the examination of a witness, trial counsel the military judge finds that the sources, case; except that, when the military judge may object to any question or line of inquiry methods, or activities are classified, the evi- determines that the interests of justice that may require the witness to disclose dence is reliable, and the redaction is con- would not be served by dismissal of the case, classified information not previously found sistent with affording the accused a fair the military judge shall order such other ac- to be admissible. trial. tion, in lieu of dismissing the charge or spec- ‘‘(2) ACTION BY MILITARY JUDGE.—Following ‘‘(d) ALTERNATIVE PROCEDURE FOR DISCLO- ification, as the military judge determines is an objection under paragraph (1), the mili- SURE OF CLASSIFIED INFORMATION.— appropriate. Such action may include, but tary judge shall take such suitable action to ‘‘(1) MOTION BY THE UNITED STATES.—Upon need not be limited to, the following: determine whether the response is admis- any determination by the military judge au- ‘‘(A) Dismissing specified charges or speci- sible as will safeguard against the com- thorizing the disclosure of specific classified fications. promise of any classified information. Such information under the procedures estab- ‘‘(B) Finding against the United States on action may include requiring trial counsel to lished by this section, the trial counsel may any issue as to which the excluded classified provide the military judge with a proffer of move that, in lieu of the disclosure of such information relates. the witness’ response to the question or line specific classified information, the military ‘‘(C) Striking or precluding all or part of of inquiry and requiring the accused to pro- judge order— the testimony of a witness. vide the military judge with a proffer of the ‘‘(A) the substitution for such classified in- ‘‘(3) TIME FOR THE UNITED STATES TO SEEK nature of the information sought to be elic- formation of a statement admitting relevant INTERLOCUTORY APPEAL.—An order under ited by the accused. Upon request, the mili- facts that the specific classified information paragraph (2) shall not take effect until the tary judge may accept an ex parte proffer by would tend to prove; military judge has afforded the United trial counsel to the extent necessary to pro- ‘‘(B) the substitution for such classified in- States— tect classified information from disclosure, formation of a summary of the specific clas- ‘‘(A) an opportunity to appeal such order in accordance with the practice of the Fed- sified information; or under section 950d of this title; and eral courts under the Classified Information ‘‘(C) any other procedure or redaction lim- ‘‘(B) an opportunity thereafter to withdraw Procedures Act (18 U.S.C. App.). iting the disclosure of specific classified in- its objection to the disclosure of the classi- ‘‘(d) DISCLOSURE AT TRIAL OF CERTAIN formation. fied information at issue. STATEMENTS PREVIOUSLY MADE BY A WIT- ‘‘(2) ACTION ON MOTION.—The military judge ‘‘(g) RECIPROCITY.— shall grant such a motion of the trial coun- ‘‘(1) DISCLOSURE OF REBUTTAL INFORMA- NESS.— sel if the military judge finds that the state- TION.—Whenever the military judge deter- ‘‘(1) MOTION FOR PRODUCTION OF STATE- ment, summary, or other procedure or redac- mines that classified information may be MENTS IN POSSESSION OF THE UNITED STATES.— tion will provide the defendant with substan- disclosed in connection with a trial or pre- After a witness called by the trial counsel tially the same ability to make his defense trial proceeding, the military judge shall, has testified on direct examination, the mili- as would disclosure of the specific classified unless the interests of fairness do not so retary judge, on motion of the accused, may information. quire, order the United States to provide the order production of statements of the wit- ‘‘(3) HEARING ON MOTION.—The military accused with the information it expects to ness in the possession of the United States judge shall hold a hearing on any motion use to rebut the classified information. The which relate to the subject matter as to under this subsection. Any such hearing military judge may place the United States which the witness has testified. This para- shall be held in camera at the request of a under a continuing duty to disclose such re- graph does not preclude discovery or asser- knowledgeable United States official pos- buttal information. tion of a privilege otherwise authorized. sessing authority to classify information. ‘‘(2) SANCTION FOR FAILURE TO COMPLY.—If ‘‘(2) INVOCATION OF PRIVILEGE BY THE ‘‘(4) SUBMISSION OF STATEMENT OF DAMAGE the United States fails to comply with its UNITED STATES.—If the United States invokes TO NATIONAL SECURITY IF DISCLOSURE OR- obligation under this subsection, the mili- a privilege, the trial counsel may provide the DERED.—The trial counsel may, in connec- tary judge— prior statements of the witness to the mili- tion with a motion under paragraph (1), sub- ‘‘(A) may exclude any evidence not made tary judge during an ex parte presentation to mit to the military judge a declaration the subject of a required disclosure; and the extent necessary to protect classified in- signed by a knowledgeable United States of- ‘‘(B) may prohibit the examination by the formation from disclosure, in accordance ficial possessing authority to classify infor- United States of any witness with respect to with the practice of the Federal courts under mation certifying that disclosure of classi- such information. the Classified Information Procedures Act (18 U.S.C. App.). fied information would cause identifiable ‘‘§ 949p–7. Introduction of classified informa- ‘‘(3) ACTION BY MILITARY JUDGE ON MO- damage to the national security of the tion into evidence United States and explaining the basis for TION.—If the military judge finds that disclo- ‘‘(a) PRESERVATION OF CLASSIFICATION STA- the classification of such information. If so sure of any portion of the statement identi- TUS.—Writings, recordings, and photographs requested by the trial counsel, the military fied by the United States as classified would containing classified information may be ad- judge shall examine such declaration during be detrimental to the national security in mitted into evidence in proceedings of mili- an ex parte presentation. the degree to warrant classification under tary commissions under this chapter without ‘‘(e) SEALING OF RECORDS OF IN CAMERA the applicable Executive Order, statute, or change in their classification status. HEARINGS.—If at the close of an in camera regulation, that such portion of the state- hearing under this section (or any portion of ‘‘(b) PRECAUTIONS BY MILITARY JUDGES.— ment is consistent with the testimony of the a hearing under this section that is held in ‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED witness, and that the disclosure of such por- camera), the military judge determines that INFORMATION INTO EVIDENCE.—The military tion is not necessary to afford the accused a the classified information at issue may not judge in a trial by military commission, in fair trial, the military judge shall excise be disclosed or elicited at the trial or pre- order to prevent unnecessary disclosure of that portion from the statement. If the mili- trial proceeding, the record of such in cam- classified information, may order admission tary judge finds that such portion of the era hearing shall be sealed and preserved for into evidence of only part of a writing, re- statement is inconsistent with the testi- use in the event of an appeal. The accused cording, or photograph, or may order admis- mony of the witness or that its disclosure is may seek reconsideration of the military sion into evidence of the whole writing, re- necessary to afford the accused a fair trial, judge’s determination prior to or during cording, or photograph with excision of some the military judge, shall, upon the request of trial. or all of the classified information contained the trial counsel, review alternatives to dis- ‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSI- therein, unless the whole ought in fairness closure in accordance with section 949p–6(d) FIED INFORMATION BY THE ACCUSED; RELIEF be considered. of this title. FOR ACCUSED WHEN THE UNITED STATES OP- ‘‘(2) CLASSIFIED INFORMATION KEPT UNDER POSES DISCLOSURE.— SEAL.—The military judge shall allow classi- ‘‘SUBCHAPTER VI—SENTENCES ‘‘(1) ORDER TO PREVENT DISCLOSURE BY AC- fied information offered or accepted into evi- CUSED.—Whenever the military judge denies dence to remain under seal during the trial, On page 362, line 9, strike ‘‘SUBCHAPTER a motion by the trial counsel that the judge even if such evidence is disclosed in the mili- VI’’ and insert ‘‘SUBCHAPTER VII’’. issue an order under subsection (a), (c), or (d) tary commission, and may, upon motion by On page 362, in the table of sections in the and the trial counsel files with the military the Government, seal exhibits containing quoted text following line 10, strike the item judge a declaration signed by a knowledge- classified information for any period after relating to section 950d and insert the fol- able United States official possessing au- trial as necessary to prevent a disclosure of lowing: thority to classify information objecting to classified information when a knowledgeable disclosure of the classified information at United States official possessing authority ‘‘949d. Interlocutory appeals by the United issue, the military judge shall order that the to classify information submits to the mili- States. accused not disclose or cause the disclosure tary judge a declaration setting forth the of such information. damage to the national security that the dis- Beginning on page 368, strike line 7 and all ‘‘(2) RESULT OF ORDER UNDER PARAGRAPH closure of such information reasonably could that follows through page 369, line 8, and in- (1).—Whenever an accused is prevented by an be expected to cause. sert the following:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7908 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘§ 950d. Interlocutory appeals by the United ‘‘(g) APPEALS COURT TO ACT ONLY WITH RE- (C) interrupted short message service States SPECT TO MATTER OF LAW.—In ruling on an (SMS), preventing text message communica- ‘‘(a) INTERLOCUTORY APPEAL.—Except as appeal under paragraph (1), (2), or (3) of sub- tions and blocking Internet sites that utilize provided in subsection (b), in a trial by mili- section (a), the appeals court may act only such services; tary commission under this chapter, the with respect to matters of law. (D) partially jammed shortwave and me- ‘‘(h) SUBSEQUENT APPEAL RIGHTS OF AC- United States may take an interlocutory ap- dium wave transmissions of Radio Farda, the CUSED NOT AFFECTED.—An appeal under peal to the United States Court of Appeals Persian language service of Radio Free Eu- paragraph (4) of subsection (a), and a deci- for the Armed Forces under section 950f of rope/Radio Liberty; sion on such appeal, shall not affect the this title of any order or ruling of the mili- (E) intermittently jammed satellite broad- right of the accused, in a subsequent appeal tary judge— casts by Radio Farda, the Voice of America’s from a judgment of conviction, to claim as Persian News Network (PNN), the British ‘‘(1) that terminates proceedings of the error reversal by the military judge on re- military commission with respect to a Broadcasting Corporation (BBC), and other mand of a ruling appealed from during non-Iranian government news services; and charge or specification; trial.’’. ‘‘(2) that excludes evidence that is substan- (F) blocked Web sites and Web blogs, in- On page 374, line 4, strike ‘‘SUBCHAPTER cluding social networking and information- tial proof of a fact material in the pro- VII’’ and insert ‘‘SUBCHAPTER VIII’’. ceeding; sharing sites, such as Facebook, Twitter, and YouTube. ‘‘(3) that relates to a matter under sub- Mr. ALEXANDER submitted SA 1711. (3) These and other actions undertaken by section (c) or (d) of section 949d of this title; an amendment intended to be proposed the Government of Iran are in violation of or by him to the bill S. 1390, to authorize the International Covenant on Civil and Po- ‘‘(4) that, with respect to classified infor- appropriations for fiscal year 2010 for litical Rights, which was entered into force mation— military activities of the Department March 23, 1976, ratified by Iran, and states: ‘‘(A) authorizes the disclosure of such in- ‘‘Everyone shall have the right to freedom of formation; of Defense, for military construction, expression; this right shall include freedom ‘‘(B) imposes sanctions for nondisclosure of and for defense activities of the De- to seek, receive and impart information and such information; or partment of Energy, to prescribe military personnel strengths for such fiscal ideas of all kinds, regardless of frontiers, ei- ‘‘(C) refuses a protective order sought by ther orally, in writing or in print, in the the United States to prevent the disclosure year, and for other purposes; which was form of art, or through any other media of of such information. ordered to lie on the table; as follows: his choice.’’. ‘‘(b) LIMITATION.—The United States may At the end of subtitle G of title V, add the SEC. 1243. SENSE OF CONGRESS. not appeal under subsection (a) an order or following: It is the sense of Congress that the United ruling that is, or amounts to, a finding of not SEC. 573. REPORT ON EXPANSION OF AUTHORITY States— guilty by the military commission with re- OF A MEMBER OF THE ARMED (1) respects the sovereignty, proud history, spect to a charge or specification. FORCES TO DESIGNATE PERSONS TO and rich culture of the Iranian people; ‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT DIRECT DISPOSITION OF THE RE- MAINS OF THE MEMBER. (2) respects the universal values of freedom TO CLASSIFIED INFORMATION.—The United of speech and freedom of the press in Iran States has the right to appeal under para- Not later than 180 days after the date of the enactment of this Act, the Secretary of and throughout the world; graph (4) of subsection (a) whenever the mili- (3) supports the Iranian people as they tary judge enters an order or ruling that Defense shall submit to Congress a report evaluating the potential effects of expanding take steps to peacefully express their voices, would require the disclosure of classified in- opinions, and aspirations; formation, without regard to whether the the list of persons under section 1482(c) of title 10, United States Code, who may be des- (4) supports the Iranian people seeking ac- order or ruling appealed from was entered cess to news and other forms of information; under this chapter, another provision of law, ignated by a member of the Armed Forces as the person authorized to direct disposition of (5) condemns the detainment, imprison- a rule, or otherwise. Any such appeal may the remains of the member if the member is ment, and intimidation of all journalists, in embrace any preceding order, ruling, or rea- deceased. Iran and elsewhere throughout the world; soning constituting the basis of the order or (6) supports journalists who take great risk ruling that would authorize such disclosure. SA 1712. Mr. MCCAIN (for himself, to report on political events in Iran, includ- ‘‘(d) TIMING AND ACTION ON INTERLOCUTORY Mr. LIEBERMAN, Mr. GRAHAM, Mr. ing those surrounding the presidential elec- APPEALS RELATING TO CLASSIFIED INFORMA- KAUFMAN, and Mr. CASEY) submitted an tion; TION.— amendment intended to be proposed by (7) supports the efforts the Voice of Amer- ‘‘(1) APPEAL TO BE EXPEDITED.—An appeal ica’s (VOA) 24-hour television station Per- taken pursuant to paragraph (4) of sub- him to the bill S. 1390, to authorize ap- sian News Network, and Radio Free Europe / section (a) shall be expedited by the United propriations for fiscal year 2010 for Radio Liberty’s (RFE/RL) Radio Farda 24- States Court of Appeals for the Armed military activities of the Department hour radio station; British Broadcasting Cor- Forces. of Defense, for military construction, poration (BBC) Farsi language programming; ‘‘(2) APPEALS BEFORE TRIAL.—If such an ap- and for defense activities of the De- Radio Zamaneh; and other independent news peal is taken before trial, the appeal shall be partment of Energy, to prescribe mili- outlets to provide information to Iran; taken within 10 days after the order or ruling tary personnel strengths for such fiscal (8) condemns acts of censorship, intimida- appealed from and the trial shall not com- year, and for other purposes; which was tion, and other restrictions on freedom of mence until the appeal is decided. ordered to lie on the table; as follows: the press, freedom of speech, and freedom of ‘‘(3) APPEALS DURING TRIAL.—If such an ap- expression in Iran and throughout the world; peal is taken during trial, the military judge On page 483, between lines 8 and 9, insert (9) commends companies such as Twitter, shall adjourn the trial until the appeal is de- the following: Facebook, and YouTube, which have facili- cided, and the court of appeals— Subtitle D—VOICE Act tated the ability of the Iranian people to ac- ‘‘(A) shall hear argument on such appeal SEC. 1241. SHORT TITLE. cess and share information, and exercise within 4 days of the adjournment of the trial This subtitle may be cited as the ‘‘Victims freedom of speech, freedom of expression, (excluding weekends and holidays); of Iranian Censorship Act’’or the ‘‘VOICE and freedom of assembly through alternative ‘‘(B) may dispense with written briefs Act’’. technologies; and other than the supporting materials pre- SEC. 1242. FINDINGS. (10) condemns companies which have know- viously submitted to the military judge; Congress makes the following findings: ingly impeded the ability of the Iranian peo- ‘‘(C) shall render its decision within four (1) The Government of Iran is engaged in a ple to access and share information and exer- days of argument on appeal (excluding week- range of activities that interfere with, or in- cise freedom of speech, freedom of expres- ends and holidays); and fringe upon, the right of the Iranian people sion, and freedom of assembly through elec- ‘‘(D) may dispense with the issuance of a to— tronic media, including through the sale of written opinion in rendering its decision. (A) access accurate, independent news and technology that allows for deep packet in- ‘‘(e) NOTICE AND TIMING OF OTHER AP- information; and spection or provides the capability to mon- PEALS.—The United States shall take an ap- (B) exercise freedom of speech, freedom of itor or block Internet access, and gather in- peal of an order or ruling under subsection expression, freedom of assembly, and free- formation about individuals. (a), other than an appeal under paragraph (4) dom of the press, in particular through elec- SEC. 1244. STATEMENT OF POLICY. of that subsection, by filing a notice of ap- tronic media. It shall be the policy of the United peal with the military judge within 5 days (2) Since the June 12, 2009, presidential States— after the date of the order or ruling. election in Iran, the Government of Iran (1) to support freedom of the press, freedom ‘‘(f) METHOD OF APPEAL.—An appeal under has— of speech, freedom of expression, and free- this section shall be forwarded, by means (A) arrested, detained, imprisoned, and as- dom of assembly in Iran; specified in regulations prescribed by the saulted numerous Iranian journalists; (2) to support the Iranian people as they Secretary of Defense, directly to the United (B) prohibited non-Iranian government seek, receive, and impart information and States Court of Appeals for the Armed news services, including the Associated promote ideas in writing, in print, or Forces. Press, from distributing reports in Farsi; through any media without interference;

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7909 (3) to discourage businesses from aiding ef- nologies, including Internet Web sites, that provided hardware, software, or other forms forts to interfere with the ability of the peo- will aid the ability of the Iranian people to— of assistance to the Government of Iran that ple of Iran to freely access or share informa- (1) gain access to and share information; has furthered its efforts to— tion or otherwise infringe upon freedom of (2) exercise freedom of speech, freedom of (1) filter online political content; speech, freedom of expression, freedom of as- expression, and freedom of assembly through (2) disrupt cell phone and Internet commu- sembly, and freedom of the press through the the Internet and other electronic media; nications; and Internet or other electronic media, including (3) engage in Internet-based education pro- (3) monitor the online activities of Iranian through the sale of deep packet inspection or grams and other exchanges between Ameri- citizens. other technology that provides the capa- cans and Iranians; and (b) REPORT.—Not later than 180 days after bility to monitor or block Internet access, (4) counter efforts— the date of the enactment of this Act, the and gather information about individuals; (A) to block, censor, and monitor the President shall submit a report to Congress and Internet; and that contains the results of the study con- (4) to encourage the development of tech- (B) to disrupt or monitor cellular phone ducted under subsection (a). The report sub- nologies, including Internet Web sites that networks or SMS text exchanges. mitted under this subsection shall be sub- facilitate the efforts of the Iranian people— (d) USE OF AMOUNTS.—In pursuit of the ob- mitted in unclassified form, but may include (A) to gain access to and share accurate in- jective described in subsection (c), amounts a classified annex. formation and exercise freedom of speech, in the Fund may be used for grants to United SEC. 1249. ANNUAL DESIGNATION OF INTERNET- freedom of expression, freedom of assembly, States or foreign universities, nonprofit or- RESTRICTING COUNTRIES. and freedom of the press, through the Inter- ganizations, or companies for targeted (a) DESIGNATION.— net or other electronic media; and projects that advance the purpose of the (1) IN GENERAL.—Not later than 180 days (B) engage in Internet-based education pro- Fund, including projects that— after the date of the enactment of this Act, grams and other exchanges between United (1) develop Farsi-language versions of ex- and annually thereafter, the Secretary of States citizens and Iranians. isting social-networking Web sites; State shall designate countries that meet SEC. 1245. AUTHORIZATION OF APPROPRIATIONS. (2) develop technologies, including Inter- the criteria set forth in paragraph (2) as (a) INTERNATIONAL BROADCASTING OPER- net-based applications, to counter efforts— Internet-restricting countries. ATIONS FUND.—In addition to amounts other- (A) to block, censor, and monitor the (2) CRITERIA.—A foreign country shall be wise authorized for the Broadcasting Board Internet; and designated as an Internet -restricting coun- of Governors’ International Broadcasting Op- (B) to disrupt or monitor cellular phone try under this section if the Secretary of erations Fund, there is authorized to be ap- networks or SMS text message exchanges; State, after consultation with the Secretary propriated $15,000,000 to expand Farsi lan- (3) develop Internet-based, distance learn- of Commerce, determines, based on the re- guage programming and to provide for the ing programs for Iranian students at United view of the evidence and any ongoing multi- dissemination of accurate and independent States universities; and lateral discussions on freedom of speech and information to the Iranian people through (4) promote Internet-based, people-to-peo- the right to privacy, that the government of radio, television, Internet, cellular tele- ple educational, professional, religious, or the country was directly or indirectly re- phone, short message service, and other com- cultural exchanges and dialogues between sponsible for a systematic pattern of sub- munications. United States citizens and Iranians. stantial restrictions on the unimpeded use of (b) BROADCASTING CAPITAL IMPROVEMENTS (e) AUTHORIZATION OF APPROPRIATIONS.— the Internet or other telecommunications FUND.—In addition to amounts otherwise au- There is authorized to be appropriated technology, such as short message service thorized for the Broadcasting Board of Gov- $20,000,000 to the Fund. (SMS), at any time during the preceding 1- ernors’ Broadcasting Capital Improvements SEC. 1247. BIANNUAL REPORT. year period. Fund, there is authorized to be appropriated (a) IN GENERAL.—Not later than 90 days (b) REPORT.— $15,000,000 to expand transmissions of Farsi after the date of the enactment of this Act, (1) IN GENERAL.—Not later than 180 days language programs to Iran. and every 180 days thereafter, the President after the date of the enactment of this Act, (c) USE OF AMOUNTS.—In pursuit of the ob- shall submit a report to Congress that pro- and annually thereafter, the Secretary of jectives described in subsections (a) and (b), vides a detailed description of— State shall submit a report to the appro- amounts in the International Broadcasting (1) United States-funded international priate congressional committees that in- Operations Fund and the Capital Improve- cludes— ments Fund may be used to— broadcasting efforts in Iran; (A) the name of each foreign country that (1) develop additional transmission capa- (2) efforts by the Government of Iran to is designated as an Internet-restricting coun- bility for Radio Farda and the Persian News block broadcasts sponsored by the United try under subsection (a); Network to counter ongoing efforts to jam States or other non-Iranian entities; (B) a detailed description of the nature of transmissions, including through additional (3) efforts by the Government of Iran to the restrictions imposed by each Internet-re- shortwave and medium wave transmissions, monitor or block Internet access, and gather stricting country, including specific tech- satellite, and Internet mechanisms; information about individuals; nologies and methods used; (2) develop additional proxy server capa- (4) plans by the Broadcasting Board of Gov- (C) the name of each government agency bility and anti-censorship software to ernors for the use of the amounts appro- and quasi-government organization respon- counter efforts to block Radio Farda and priated pursuant to section 1245, including— sible for the substantial restrictions on Persian News Network Web sites; (A) the identification of specific programs Internet freedom in each Internet-restricting (3) develop technologies to counter efforts and platforms to be expanded or created; and country; to block SMS text message exchange over (B) satellite, radio, or Internet-based (D) the name of any United States and for- cellular phone networks; transmission capacity to be expanded or cre- eign companies that have provided tech- (4) expand program coverage and analysis ated; nology, training, or other assistance to the by Radio Farda and the Persian News Net- (5) plans for the use of the Iranian Elec- Internet or telecommunications-restricting work, including the development of broad- tronic Education, Exchange, and Media effort of any Internet-restricting country, cast platforms and programs, on the tele- Fund; and a detailed description of such assistance vision, radio and Internet, for enhanced (6) a detailed breakdown of amounts obli- and its approximate worth; interactivity with and among the people of gated and disbursed from the Iranian Elec- (E) a description of efforts by the United Iran; tronic Media Fund and an assessment of the States to counter the substantial restric- (5) hire, on a permanent or short-term impact of such amounts; tions on Internet freedom referred to in sub- basis, additional staff for Radio Farda and (7) the percentage of the Iranian popu- paragraph (B); and the Persian News Network; and lation and of Iranian territory reached by (F) a description of the evidence used by (6) develop additional Internet-based, shortwave and medium-wave radio broad- the Secretary of State to make the deter- Farsi-language television programming, in- casts by Radio Farda and Voice of America; minations under subsection (a)(2), and any cluding a Farsi-language, Internet-based (8) the Internet traffic from Iran to Radio ongoing multilateral discussions on freedom news channel. Farda and Voice of America Web sites; and (9) the Internet traffic to proxy servers of speech and the right to privacy referred to SEC. 1246. IRANIAN ELECTRONIC EDUCATION, EX- in such subsection. CHANGE, AND MEDIA FUND. sponsored by the Broadcasting Board of Gov- (2) CLASSIFIED FORM.—The information re- (a) ESTABLISHMENT.—There is established ernors, and the provisioning of surge capac- quired under paragraph (1)(C) may be pro- in the Treasury of the United States the Ira- ity. vided in a classified form if necessary. nian Electronic Education, Exchange, and (b) CLASSIFIED ANNEX.—The report sub- (3) PUBLIC AVAILABILITY.—All unclassified Media Fund (referred to in this section as mitted under subsection (a) may include a portions of the report shall be made publicly the ‘‘Fund’’), consisting of amounts appro- classified annex. priated to the Fund pursuant to subsection SEC. 1248. REPORT ON ACTIONS BY NON-IRANIAN available on the Internet Web site of the De- (e). COMPANIES. partment of State. (b) ADMINISTRATION.—The Fund shall be ad- (a) STUDY.—The President shall direct the SEC. 1250. HUMAN RIGHTS DOCUMENTATION. ministered by the Secretary of State. appropriate officials to examine claims that There are authorized to be appropriated (c) OBJECTIVE.—The objective of the Fund non-Iranian companies, including corpora- $5,000,000 to the Secretary of State to docu- shall be to support the development of tech- tions with United States subsidiaries, have ment, collect, and disseminate information

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7910 CONGRESSIONAL RECORD — SENATE July 22, 2009 about human rights in Iran, including abuses (1) The extent to which the Department of qualifications, training, and supervision re- of human rights that have taken place since Defense will rely on private contractors to quirements consistent with business best the Iranian presidential election conducted meet the needs of the Department with re- practices in the field of behavior analysis on June 12, 2009. spect to personnel with expertise in matters and autism services and in accordance with relating to cybersecurity and the measures regulations prescribed by the Secretary. SA 1713. Mrs. GILLIBRAND sub- that will be employed to ensure effective in- ‘‘(4) In this section, the term ‘autism spec- mitted an amendment intended to be formation-sharing and information security trum disorders’ includes autistic disorder, proposed by her to the bill S. 1390, to if the Department will use such contractors. Asperger’s syndrome, and any of the perva- authorize appropriations for fiscal year (2) Efforts to establish public-private part- sive developmental disorders as defined by 2010 for military activities of the De- nerships to meet the needs of the Depart- the most recent edition of the Diagnostic partment of Defense, for military con- ment with respect to personnel with exper- and Statistical Manual of Mental Dis- orders.’’. struction, and for defense activities of tise in matters relating to cybersecurity and training with respect to such matters. (b) REGULATIONS.—Not later than 180 days the Department of Energy, to prescribe (3) The role of civilian employees of the after the enactment of this Act, the Sec- military personnel strengths for such Department of Defense with respect to mat- retary of Defense shall prescribe such regula- fiscal year, and for other purposes; ters relating to cybersecurity and how such tions as may be necessary to carry out sub- which was ordered to lie on the table; employees could be used to meet the needs of sections (a)(18) and (r) of section 1079 of title as follows: the Armed Forces on such matters. 10, United States Code, as added by subsection (a) of this section. On page 533, between lines 15 and 16, insert (4) Efforts to coordinate and pool resources (c) REPORT REQUIRED.—The Secretary of with respect to matters relating to the following: Defense shall provide a report to the Com- cybersecurity with other Federal agencies, SEC. 707. AUTHORITY TO RELOCATE UNITED mittees on Armed Services of the Senate and particularly the Department of Homeland STATES MILITARY ACADEMY PREP the House of Representatives no later than SCHOOL TO NEW YORK MILITARY Security. 180 days after implementation of section (a) ACADEMY, CORNWALL-ON-HUDSON, (5) Measures to improve training with re- on the implementation of such section and NEW YORK. spect to matters relating to cybersecurity its effect on access to and quality of ABA Notwithstanding Recommendation #5 of within the Department of Defense, including services for eligible military families and the 2005 Defense Base Closure and Realign- the development of new specialty codes and their autistic dependents. ment Commission Report, which rec- career tracks for cybersecurity personnel. ommended the relocation of the United (d) APPLICABILITY TO OTHER PROVISIONS.— (6) Recommendations for legislative Nothing in this section shall be construed to States Military Academy Prep School to changes necessary to increase the avail- West Point, New York, in connection with alter or affect the requirement under section ability of personnel with expertise in mat- 553 of this Act to develop and implement a the closure of Fort Monmouth, New Jersey, ters relating to cybersecurity and interest in the Secretary of Defense may instead relo- policy for the support of military children programs of the Department of Defense re- with autism and their families. cate the United States Military Academy lating to cybersecurity. Prep School to the New York Military Acad- emy, Cornwall-on-Hudson, New York. SA 1716. Mr. LEAHY (for himself, Mr. SA 1715. Mrs. GILLIBRAND sub- BINGAMAN, and Mr. KENNEDY) sub- SA 1714. Mrs. GILLIBRAND submitted an amendment intended to be mitted an amendment intended to be mitted an amendment intended to be proposed by her to the bill S. 1390, to proposed by him to the bill S. 1390, to proposed by her to the bill S. 1390, to authorize appropriations for fiscal year authorize appropriations for fiscal year authorize appropriations for fiscal year 2010 for military activities of the De- 2010 for military activities of the De- 2010 for military activities of the De- partment of Defense, for military con- partment of Defense, for military con- partment of Defense, for military construction, and for defense activities of struction, and for defense activities of struction, and for defense activities of the Department of Energy, to prescribe the Department of Energy, to prescribe the Department of Energy, to prescribe military personnel strengths for such military personnel strengths for such military personnel strengths for such fiscal year, and for other purposes; fiscal year, and for other purposes; fiscal year, and for other purposes; which was ordered to lie on the table; which was ordered to lie on the table; which was ordered to lie on the table; as follows: as follows: as follows: At the end of subtitle A of title VII, add On page 483, between lines 8 and 9, insert At the end of subtitle G of title V, add the the following: the following: following: SEC. 706. TREATMENT OF AUTISM UNDER THE SEC. 1232. ASSISTANCE TO CIVILIANS FOR TRICARE PROGRAM. SEC. 573. REPORT AND PLAN ON NEEDS FOR LOSSES INCIDENT TO COMBAT AC- CYBERSECURITY PERSONNEL AND (a) IN GENERAL.—Section 1079 of title 10, TIVITIES OF THE ARMED FORCES IN TRAINING. United States Code, is amended— OVERSEAS CONTINGENCY OPER- (a) IN GENERAL.—Not later than 180 days (1) in subsection (a), by adding at the end ATIONS. after the date of the enactment of this Act, the following new paragraph: (a) DETERMINATION OF ASSISTANCE.— the Secretary of Defense shall submit to the ‘‘(18) In accordance with subsection (r), (1) IN GENERAL.—To promote and maintain Committees on Armed Services of the Senate treatment for autism spectrum disorders friendly relations through the prompt ad- and the House of Representatives a report shall be made available to dependents who ministration of assistance to civilian casual- on, and plan to address, the needs of the De- are diagnosed with autism spectrum dis- ties, the Secretary concerned, or an officer partment of Defense, over the next five orders.’’; and or employee designated by the Secretary, years, for additional personnel with exper- (2) by adding at the end the following new may appoint, under such regulations as the tise in matters relating to cybersecurity and subsection: Secretary may prescribe, local military com- additional training with respect to such mat- ‘‘(r)(1) For purposes of subsection (a)(18), manders to provide monetary assistance in ters. treatment for an autism spectrum disorder an amount appropriate for the loss suffered (b) ELEMENTS OF REPORT.—The report re- may include the use of applied behavior for— quired by subsection (a) shall include an as- analysis or other structured behavior pro- (A) damage to, or loss of, real property of sessment of the following: grams, as the Secretary determines appro- any inhabitant of a foreign country, includ- (1) The availability to the Department of priate. ing damage or loss incident to use and occu- Defense of personnel with expertise in mat- ‘‘(2) The Secretary may not consider the pancy; ters relating to cybersecurity from outside use of applied behavior analysis or other (B) damage to, or loss of, personal property of the Department. structured behavior programs under this sec- of any inhabitant of a foreign country; or (2) Any obstacles to the recruitment by the tion to be special education for purposes of (C) personal injury to, or death of, any in- Department of personnel with expertise in subsection (a)(9). habitant of a foreign country; matters relating to cybersecurity, including ‘‘(3) In carrying out this subsection, the if the damage, loss, personal injury, or death an insufficient number of individuals with Secretary shall ensure that— occurs outside the United States, or the such expertise outside of the Department. ‘‘(A) a person who is authorized to provide Commonwealths or possessions, and is (3) The sufficiency of training and exper- applied behavior analysis or other structured caused by, or is otherwise incident to, com- tise of personnel within the Department on behavior programs is licensed or certified by bat activities in foreign contingency oper- matters relating to cybersecurity. a State, the Behavior Analyst Certification ations of the Armed Forces under the local (4) The career path for personnel with ex- Board, or other accredited national certifi- military commander’s command, or is pertise in matters relating to cybersecurity, cation board; and caused by a member thereof or by a civilian including the use of specialty codes and the ‘‘(B) if applied behavior analysis or other employee of the military department con- existing training structures within the De- structured behavior program is provided by cerned or the Coast Guard, as the case may partment of Defense. an employee or contractor of a person au- be. A commander will provide assistance (c) ELEMENTS OF PLAN.—The plan required thorized to provide such treatment, the em- under regulations of the Department of De- by subsection (a) shall address the following: ployee or contractor shall meet minimum fense.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7911 (2) CONDITIONS.—Assistance authorized by be proposed by him to the bill S. 1390, (B) half of the participants in the pilot pro- this section may be allowed only if— to authorize appropriations for fiscal gram are veterans who suffer primarily from (A) an application therefor is presented year 2010 for military activities of the a physical injury or disability. within two years after the occurrence of the Department of Defense, for military (e) STUDY.—In carrying out the pilot pro- incident concerned; gram, the Secretary shall conduct a scientif- (B) the applicant is determined by the construction, and for defense activities ically valid research study of the costs and local military commander to be friendly to of the Department of Energy, to pre- benefits associated with the use of service the United States; scribe military personnel strengths for dogs for the treatment or rehabilitation of (C) the incident results directly or indi- such fiscal year, and for other pur- veterans with physical or mental injuries or rectly from an act of the Armed Forces in poses; which was ordered to lie on the disabilities. The matters studied shall in- combat, an act of the Armed Forces indi- table; as follows: clude the following: rectly related to combat, or an act of the (1) The therapeutic benefits to such vet- At the end of subtitle H of title X, add the Armed Forces occurring while preparing for, erans, including the quality of life benefits following: going to, or returning from a combat mis- reported by the veterans partaking in the sion; and SEC. 1083. PILOT PROGRAM ON USE OF SERVICE pilot program. (D) the incident does not arise directly DOGS FOR THE TREATMENT OR RE- (2) The economic benefits of using service HABILITATION OF VETERANS WITH from action by an enemy, unless the local PHYSICAL OR MENTAL INJURIES OR dogs for the treatment or rehabilitation of military commander determines that it in DISABILITIES. such veterans, including— the best military interest to offer assistance (a) FINDINGS.—Congress makes the fol- (A) savings on health care costs, including in such case. lowing findings: savings relating to reductions in hospitaliza- (b) TYPE OF ASSISTANCE.—Satisfaction (1) The United States owes a profound debt tion and reductions in the use of prescription under this section shall be made through to those who have served the United States drugs; and payment in local currency when possible. honorably in the Armed Forces. (B) productivity and employment gains for However, satisfaction under this section may (2) Disabled veterans suffer from a range of the veterans. be made through the provision of services or physical and mental injuries and disabilities. (3) The effectiveness of using service dogs in-kind compensation if such satisfaction is (3) In 2008, the Army reported the highest to prevent suicide. considered appropriate by the legal advisor level of suicides among its soldiers since it (f) REPORTS.— and the local military commander concerned began tracking the rate 28 years before 2009. (1) ANNUAL REPORT OF THE SECRETARY.— and accepted by the applicant. (4) A scientific study documented in the After each year of the pilot program, the (c) LEGAL ADVICE REQUIREMENT.—Local 2008 Rand Report entitled ‘‘Invisible Wounds Secretary shall submit to Congress a report military commanders shall receive legal ad- of War’’ estimated that 300,000 veterans of on the findings of the Secretary with respect vice before authorizing assistance. The legal Operation Enduring Freedom and Operation to the pilot program. advisor, under regulations of the Department Iraqi Freedom currently suffer from post- (2) FINAL REPORT BY THE NATIONAL ACADEMY of Defense, shall determine whether the ap- traumatic stress disorder. OF SCIENCES.—Not later than 180 days after plicant for assistance is properly an appli- (5) Veterans have benefitted in multiple the date of the completion of the pilot pro- cant, whether the facts support the provision ways from the provision of service dogs. gram, the National Academy of Sciences of assistance, and what amount is appro- (6) The Department of Veterans Affairs has shall submit to Congress a report on the re- priate for the loss suffered. The legal advisor been successfully placing guide dogs with the sults of the pilot program. shall then make a recommendation to the blind since 1961. local military commander who will deter- (7) Thousands of dogs around the country SA 1718. Mr. LEVIN submitted an mine if assistance is to be provided. await adoption. amendment intended to be proposed by (d) CONSIDERATION OF APPLICATIONS.—Any (b) PROGRAM REQUIRED.—Not later than 120 him to the bill S. 1390, to authorize ap- application appropriately made for assist- days after the date of the enactment of this propriations for fiscal year 2010 for ance resulting from United States military Act, the Secretary of Veterans Affairs shall military activities of the Department operations will be considered on the merits. commence a three-year pilot program to as- If assistance is not offered or provided to an of Defense, for military construction, sess the benefits, feasibility, and advisability and for defense activities of the De- applicant, documentation of the denial shall of using service dogs for the treatment or re- be maintained by the Department of Defense. habilitation of veterans with physical or partment of Energy, to prescribe mili- The applicant should be informed of any de- mental injuries or disabilities, including tary personnel strengths for such fiscal cision made by a commander in a timely post-traumatic stress disorder. year, and for other purposes; which was manner. (c) PARTNERSHIPS.— ordered to lie on the table; as follows: (e) DESIGNATION OF ASSISTANCE PRO- (1) IN GENERAL.—The Secretary shall carry On page 475, between lines 2 and 3, insert VIDERS.—The Secretary of Defense may des- out the pilot program by partnering with the following: ignate any local military commander ap- nonprofit organizations that— SEC. 1211. AUTHORITY TO TRANSFER DEFENSE pointed under subsection (a) to provide as- (A) have experience providing service dogs sistance for damage, loss, injury, or death ARTICLES AND PROVIDE DEFENSE to individuals with injuries or disabilities; SERVICES TO THE MILITARY AND SE- caused by a civilian employee of the Depart- (B) do not charge fees for the dogs, serv- CURITY FORCES OF IRAQ AND AF- ment of Defense other than an employee of a ices, or lodging that they provide; and GHANISTAN. military department. (C) are accredited by a generally accepted (a) AUTHORITY.—The President is author- (f) TREATMENT OF OTHER COMPENSATION RE- industry-standard accrediting institution. ized to transfer defense articles from the CEIVED.—In the event compensation for dam- (2) REIMBURSEMENT OF COSTS.—The Sec- stocks of the Department of Defense, and to age, loss, injury, or death covered by this retary shall reimburse partners for costs re- provide defense services in connection with section is received through a separate pro- lating to the pilot program as follows: the transfer of such defense articles, to— gram operated by the United States Govern- (A) For the first 50 dogs provided under the (1) the military and security forces of Iraq ment, receipt of compensation in such pilot program, all costs relating to the provi- to support the efforts of those forces to re- amount may be considered by the legal advi- sion of such dogs. store and maintain peace and security in sor or commander determining the appro- (B) For dogs provided under the pilot pro- that country; and priate assistance under subsection (a). gram after the first 50 dogs provided, all (2) the military and security forces of Af- (g) REPORTING.— costs relating to the provision of every other ghanistan to support the efforts of those (1) RECORDS OF APPLICATIONS FOR ASSIST- dog. forces to restore and maintain peace and se- ANCE.—A written record of any assistance of- (d) PARTICIPATION.— curity in that country. fered or denied will be kept by the local com- (1) IN GENERAL.—As part of the pilot pro- (b) LIMITATIONS.— mander and on a timely basis submitted to gram, the Secretary shall provide a service (1) VALUE.—The aggregate replacement the appropriate office in the Department of dog to a number of veterans with physical or value of all defense articles transferred and Defense as determined by the Secretary of mental injuries or disabilities that is greater defense services provided under subsection Defense. than or equal to the greater of— (a) may not exceed $500,000,000. (2) BIANNUAL REPORT.—The Secretary of (A) 200; and (2) SOURCE OF TRANSFERRED DEFENSE ARTI- Defense shall report to Congress on a bian- (B) the minimum number of such veterans CLES.—The authority under subsection (a) nual basis the efficacy of the civilian assist- required to produce scientifically valid re- may only be used for defense articles that— ance program, including the number of cases sults with respect to assessing the benefits (A) immediately before the transfer were considered, amounts offered, and any nec- and costs of the use of such dogs for the in use to support operations in Iraq; essary adjustments. treatment or rehabilitation of such veterans. (B) were present in Iraq as of the date of (2) COMPOSITION.—The Secretary shall en- enactment of this Act; and SA 1717. Mr. FRANKEN (for himself, sure that— (C) are no longer required by United States Mr. ISAKSON, Ms. LANDRIEU, Mr. (A) half of the participants in the pilot pro- forces in Iraq. GRAHAM, Mr. BROWN, and Mr. BEGICH) gram are veterans who suffer primarily from (c) APPLICABLE LAW.—Any defense articles submitted an amendment intended to a mental health injury or disability; and transferred or defense services provided to

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7912 CONGRESSIONAL RECORD — SENATE July 22, 2009

Iraq or Afghanistan under the authority of (A) a description of the amount and type of (h) EXPIRATION.—The authority provided subsection (a) shall be subject to the au- each defense article to be transferred or de- under subsection (a) may not be exercised thorities and limitations applicable to excess fense services to be provided; after September 30, 2010. defense articles under section 516 of the For- (B) a statement describing the current (i) EXCESS DEFENSE ARTICLES.— eign Assistance Act of 1961 (22 U.S.C. 2321j), value of such article and the estimated re- (1) ADDITIONAL AUTHORITY.—The authority other than the authorities and limitations placement value of such article; provided by subsection (a) is in addition to contained in subsections (b)(1)(B), (e), (f), (C) an identification of the military de- the authority provided by Section 516 of the and (g) of such section. partment from which the defense articles Foreign Assistance Act of 1961. (d) REPORT.— being transferred are drawn; (2) AGGREGATE VALUE.—The value of excess (1) IN GENERAL.—The President may not ex- (D) an identification of the element of the defense articles transferred to Iraq during ercise the authority under subsection (a) military or security force that is the pro- fiscal year 2010 pursuant to Section 516 of the until 30 days after the Secretary of Defense, posed recipient of each defense article to be Foreign Assistance Act of 1961 shall not be with the concurrence of the Secretary of transferred or defense service to be provided; counted against the limitation on the aggre- State, provides the appropriate congres- (E) an assessment of the impact of the gate value of excess defense articles trans- sional committees a report on the plan for transfer on the national technology and inferred contained in subsection (g) of such the disposition of equipment and other prop- dustrial base and, particularly, the impact Act. erty of the Department of Defense in Iraq. on opportunities of entities in the national (2) ELEMENTS OF REPORT.—The report re- technology and industrial base to sell new or SA 1719. Mr. PRYOR (for himself and quired under paragraph (1) shall include the used equipment to the countries to which Mr. CORKER) submitted an amendment following elements: such articles are to be transferred; and intended to be proposed by him to the (A) An assessment of— (F) a certification by the President that— bill S. 1390, to authorize appropriations (i) the types and quantities of defense arti- (i) the Secretary of Defense has determined for fiscal year 2010 for military activi- cles required by the military and security that— ties of the Department of Defense, for forces of Iraq to support the efforts of those (I) the defense articles to be transferred military and security forces to restore and military construction, and for defense are no longer required by United States activities of the Department of Energy, maintain peace and security in Iraq; and forces in Iraq; (ii) the types and quantities of defense ar- (II) the proposed transfer of such defense to prescribe military personnel ticles required by the military and security articles will not adversely impact the mili- strengths for such fiscal year, and for forces of Afghanistan to support the efforts tary preparedness of the United States; other purposes; which was ordered to of those military and security forces to re- (III) immediately before the transfer, the lie on the table; as follows: store and maintain peace and security in Af- defense articles to be transferred were being At the appropriate place, insert the fol- ghanistan. used to support operations in Iraq; lowing: (B) A description of the authorities avail- (IV) the defense articles to be transferred SEC. ll. ENHANCED REPORTING ON THE USE able for addressing the requirements identi- were present in Iraq as of the date of enact- OF TARP FUNDS. fied in subparagraph (A). ment of this Act; and Section 105 of the Emergency Economic (C) A description of the process for (V) the defense articles to be transferred Stabilization Act of 2008 (12 U.S.C. 5215(a)) is inventorying equipment and property, in- are required by the military and security amended— cluding defense articles, in Iraq owned by the forces of Iraq or the military and security (1) in subsection (a)— Department of Defense, including equipment forces of Afghanistan, as applicable, to build (A) in paragraph (2), by striking ‘‘and’’ at and property owned by the Department of their capacity to restore and maintain peace the end; Defense and under the control of contractors and security in their country; (B) in paragraph (3), by striking the period in Iraq. (ii) the government of the recipient coun- at the end and inserting ‘‘; and’’; and (D) A description of the types of defense ar- try has agreed to accept and take possession (C) by adding at the end the following: ticles that the Department of Defense in- of the defense articles to be transferred and ‘‘(4) a detailed report on the use of capital tends to transfer to the military and secu- to receive the defense services in connection investments by each financial institution, rity forces of Iraq and an estimate of the with that transfer; and including— quantity of such defense articles to be trans- (iii) the proposed transfer of such defense ‘‘(A) a narrative response, in a form and on ferred. articles and the provision of defense services a date to be established by the Secretary, (E) A description of the process by which in connection with such transfer is in the na- specifically outlining, with respect to the fi- potential requirements for defense articles tional interest of the United States. nancial institution— to be transferred under the authority pro- (f) QUARTERLY REPORT.—Not later than 90 ‘‘(i) the original intended use of the TARP vided in subsection (a), other than the re- days after the date of the report provided funds; quirements of the security forces of Iraq or under subsection (d), and every 90 days ‘‘(ii) whether the TARP funds are seg- Afghanistan, are identified and the mecha- thereafter during fiscal year 2010, the Sec- regated from other institutional funds; nism for resolving any potential conflicting retary of Defense shall report to the appro- ‘‘(iii) the actual use of the TARP funds to requirements for such defense articles. priate congressional committees on the im- date; (F) A description of the plan, if any, for re- plementation of the authority under sub- ‘‘(iv) the amount of TARP funds retained imbursing military departments from which section (a). The report shall include the re- for the purpose of recapitalization; and non-excess defense articles are transferred placement value of defense articles trans- ‘‘(v) the expected use of the remainder of under the authority provided in subsection ferred pursuant to subsection (a), both in the the TARP funds; (a). aggregate and by military department, and ‘‘(B) information compiled by the Sec- (G) An assessment of the efforts by the services provided to Iraq and Afghanistan retary under subsection (b); and Government of Iraq to identify the require- during the previous 90 days. ‘‘(C) a report, in a form and on a date to be ments of the military and security forces of (g) DEFINITIONS.—In this section: established by the Secretary, on the compli- Iraq for defense articles to support the ef- (1) APPROPRIATE CONGRESSIONAL COMMIT- ance by the financial institution with the re- forts of those forces to restore and maintain TEES.—The term ‘‘appropriate congressional strictions on dividends, stock repurchases, peace and security in that country. committees’’ means— and executive compensation under the Secu- (H) An assessment of the ability of the (A) the Committee on Appropriations, the rity Purchase Agreement and executive com- Governments of Iraq and Afghanistan to ab- Committee on Armed Services, and the Com- pensation guidelines of the Department of sorb the costs associated with possessing and mittee on Foreign Affairs of the House of Treasury.’’; using the defense articles to be transferred. Representatives; and (2) by redesignating subsections (b) (I) A description of the steps taken by the (B) the Committee on Appropriations, the through (e) as subsections (c) through (f), re- Government of Iraq to procure or acquire de- Committee on Armed Services, and the Com- spectively; and fense articles to meet the requirements of mittee on Foreign Relations of the Senate. (3) by inserting after subsection (a) the fol- the military and security forces of Iraq, in- (2) DEFENSE ARTICLES.—The term ‘‘defense lowing: cluding through military sales from the articles’’ has the meaning given the term in ‘‘(b) INFORMATION PROVIDED BY FINANCIAL United States. section 644(d) of the Foreign Assistance Act INSTITUTIONS.— (e) NOTIFICATION.— of 1961 (22 U.S.C. 2403(d)). ‘‘(1) IN GENERAL.—For purposes of the re- (1) IN GENERAL.—The President may not (3) DEFENSE SERVICES.—The term ‘‘defense port of the Secretary required by subsection transfer defense articles or provide defense services’’ has the meaning given the term in (a)(4), financial institutions assisted under services under subsection (a) until 15 days section 644(f) of such Act (22 U.S.C. 2403(f)). this title shall provide to the Secretary the after the date on which the President has (4) MILITARY AND SECURITY FORCES.—The information required by paragraph (2), at provided notice of the proposed transfer of term ‘‘military and security forces’’ means such times and in such manner as the Sec- defense articles or provision of defense serv- national armies, national air forces, national retary shall establish. ices to the appropriate congressional com- navies, national guard forces, police forces ‘‘(2) INFORMATION REQUIRED.—Information mittees. and border security forces, but does not in- required by this paragraph is— (2) CONTENTS.—Such notification shall include non-governmental or irregular forces ‘‘(A) for those financial institutions receiv- clude— (such as private militias). ing $1,000,000,000 or more from the Capital

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7913 Purchase Program established by the Sec- ing accidental and intentional overdoses, (1) notify of such exposure— retary (or any successor thereto), a monthly under- and over- medication, and adverse (A) such member or former member; lending and intermediation snapshot, as of a interactions among medications. (B) the commanding officer of the unit to date to be established by the Secretary, (3) An identification of the medical condi- which such member or former member be- which shall include— tions, and of the patient management proce- longed at the time of such exposure; and ‘‘(i) quantitative information, as well as dures of the Department of Defense, that (C) in the case of a member of the National commentary, to explain changes in lending may increase the risks of misadministration Guard, the Adjutant General of the State levels for each category on consumer lend- of medications in populations of members of concerned; and ing, including first mortgages, home equity the Armed Forces. (2) inform such member or former member lines of credit, open end credit plans (as that (4) An assessment of current and best prac- that such member or former member may be term is defined in section 103 of the Truth in tices in the Armed Forces, other depart- included in the registry required by sub- Lending Act (15 U.S.C. 1602)), and other con- ments and agencies of government, and the section (a) for such hazard. sumer lending; private sector concerning the prescription, (d) EXAMINATION.—Not later than 30 days ‘‘(ii) quantitative information, as well as distribution, and management of medica- after the date on which the Secretary be- commentary, to explain changes in lending tions, and the associated coordination of comes aware of an exposure of a member or levels for each category on commercial lend- care. former member of the Armed Forces to a ing, including commercial and industrial (5) An identification of means for decreas- hazard described in subsection (a) and annu- (C&I) lending and real estate; ing the risks of misadministration of medi- ally thereafter, the Secretary shall provide ‘‘(iii) quantitative information, as well as cations and associated problems with respect such member or former member— commentary, to explain changes in lending to physically and psychologically wounded (1) a complete physical and medical exam- levels for each category on other lending ac- members of the Armed Forces. ination; tivities, including mortgage-backed securi- (c) REPORT.—Not later than 18 months (2) consultation and counseling with re- ties, asset-backed securities, and other se- after entering into the agreement for the spect to the results of such physical and ex- cured lending; and study required under subsection (a), the In- amination; and ‘‘(iv) a narrative report of the intermedi- stitute of Medicine shall submit to the Sec- (3) a copy of the documentation of such ex- ation activity during the reporting period, retary of Defense and Congress a report on posure in the member’s or former member’s including a general commentary on the lend- the study, including such findings and deter- medical record maintained by the Depart- ing environment, loan demand, any changes minations as the Institute of Medicine con- ment of Defense. in lending standards and terms, and any siders appropriate in light of the study. other intermediation activity; and (d) AUTHORIZATION OF APPROPRIATIONS.— (e) OCCUPATIONAL AND ENVIRONMENTAL ‘‘(B) for those financial institutions receiv- (1) IN GENERAL.—The amount authorized to HEALTH CHEMICAL HAZARD OF PARTICULAR ing less than $1,000,000,000 from the Capital be appropriated by section 1403 for the De- CONCERN DEFINED.—In this section, the term Purchase Program established by the Sec- fense Health Program is hereby increased by ‘‘occupational and environmental health retary (or any successor thereto), a lending $1,000,000, with the amount of the increase to chemical hazard of particular concern’’ and intermediation snapshot, as of a date to be allocated for the study required under means an occupational and environmental be established by the Secretary, but not subsection (a). health chemical hazard that the Secretary of more frequently than once every 90 days, in- (2) OFFSET.—The aggregate amount au- Defense determines is of particular concern cluding the information described in clauses thorized to be appropriated by this Act, after considering appropriate guidelines and (i) through (iv) of subparagraph (A). other than the amount authorized to be ap- standards for exposure, including the fol- ‘‘(3) CERTIFICATION REQUIRED.—The infor- propriated by section 1403, is hereby reduced lowing: mation submitted to the Secretary under by $1,000,000, with the amount of such reduc- (1) The military exposure guidelines speci- this subsection shall be signed by a duly au- tion to be allocated on a pro rata basis. fied in the January 2002 Chemical Exposure thorized senior executive officer of the finan- Guidelines for Deployed Military Personnel, cial institution, including a statement certi- SA 1721. Mr. BAYH submitted an United States Army Center for Health Pro- fying the accuracy of all statements, rep- amendment intended to be proposed by motion and Preventive Medicine Technical resentations, and supporting information him to the bill S. 1390, to authorize ap- Guide 230 (or any successor technical guide provided, and such certifications shall be in- propriations for fiscal year 2010 for that establishes military exposure guidelines cluded in the reports submitted by the Sec- military activities of the Department for the assessment of the significance of field retary under subsection (a)(4).’’. of Defense, for military construction, exposures to occupational and environ- and for defense activities of the De- mental health chemical hazards during deployments). SA 1720. Mr. BAYH submitted an partment of Energy, to prescribe mili- amendment intended to be proposed by (2) Occupational and environmental health tary personnel strengths for such fiscal chemical exposure standards promulgated by him to the bill S. 1390, to authorize ap- year, and for other purposes; which was propriations for fiscal year 2010 for the Occupational Safety and Health Admin- ordered to lie on the table; as follows: istration. military activities of the Department At the end of subtitle H of title X, add the SEC. 1084. SCIENTIFIC REVIEW OF ASSOCIATION of Defense, for military construction, following: and for defense activities of the De- OF INCIDENTS OF EXPOSURE TO OC- SEC. 1083. ESTABLISHMENT OF REGISTRIES OF CUPATIONAL AND ENVIRONMENTAL partment of Energy, to prescribe mili- MEMBERS AND FORMER MEMBERS HEALTH CHEMICAL HAZARDS WITH tary personnel strengths for such fiscal OF THE ARMED FORCES EXPOSED IN HEALTH CONSEQUENCES. year, and for other purposes; which was LINE OF DUTY TO OCCUPATIONAL AND ENVIRONMENTAL HEALTH (a) AGREEMENT.— ordered to lie on the table; as follows: CHEMICAL HAZARDS. (1) IN GENERAL.—The Secretary of Defense Beginning on page 226, strike line 17 and (a) ESTABLISHMENT.—For each occupa- shall seek to enter into an agreement with all that follows through page 228, line 10, and tional and environmental health chemical the Institute of Medicine of the National insert the following: hazard of particular concern, the Secretary Academies for the Institute of Medicine to SEC. 724. INSTITUTE OF MEDICINE STUDY ON of Defense shall establish and administer a perform the services covered by this section. MANAGEMENT OF MEDICATIONS registry of members and former members of (2) TIMING.—The Secretary shall seek to FOR PHYSICALLY AND PSYCHO- the Armed Forces who were exposed in the enter into the agreement described in para- LOGICALLY WOUNDED MEMBERS OF line of duty to such hazard on or after Sep- graph (1) not later than two months after the THE ARMED FORCES. tember 11, 2001. date of the enactment of this Act. (a) STUDY REQUIRED.—The Secretary of De- (b) REGISTRATION.—For every member and (b) REVIEW OF SCIENTIFIC EVIDENCE.—Under fense shall enter into an agreement with the former member of the Armed Forces who was an agreement between the Secretary of De- Institute of Medicine of the National Acad- exposed in the line of duty to a hazard defense and the Institute of Medicine under emy of Sciences to conduct a study on the scribed in subsection (a), the Secretary this section, the Institute of Medicine shall, management of medications for physically shall— for each incident of exposure involving one and psychologically wounded members of the (1) register such member or former mem- or more members of the Armed Forces re- Armed Forces. ber in such registry; and ported in a registry established under sec- (b) ELEMENTS.—The study required under (2) collect such information about such tion 1083(a) to an occupational and environ- subsection (a) shall include the following: member or former member as the Secretary mental health chemical hazard of particular (1) A review and assessment of current considers appropriate for purposes of estab- concern, review and summarize the scientific practices within the Department of Defense lishing and administering such registry. evidence, and assess the strength thereof, for the management of medications for phys- (c) NOTIFICATION.—In the case that the Sec- ically and psychologically wounded members retary learns that a member or former mem- concerning the association between the expo- of the Armed Forces. ber of the Armed Forces may have been ex- sure to such hazard and acute and long-term (2) A review and analysis of the published posed in the line of duty to a hazard de- health consequences of such exposure. literature on factors contributing to the risk scribed in subsection (a), the Secretary (c) SCIENTIFIC DETERMINATIONS CONCERNING of misadministration of medications, includ- shall— HEALTH CONSEQUENCES.—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7914 CONGRESSIONAL RECORD — SENATE July 22, 2009 (1) IN GENERAL.—For each incident of expo- (2) any other significant developments in strengths for such fiscal year, and for sure reviewed under subsection (b), the Insti- research on the health consequences of expo- other purposes; which was ordered to tute of Medicine shall determine (to the ex- sure to such hazard. lie on the table; as follows: tent that available scientific data permit (h) LIMITATION ON AUTHORITY.—The agree- meaningful determinations)— ment under this section shall be effective for Strike section 731 and insert the following: (A) whether a statistical association with a fiscal year to the extent that appropria- SEC. 731. PILOT PROGRAM FOR THE PROVISION the acute and long-term health consequences tions are available to carry out the agree- OF COGNITIVE REHABILITATIVE exists, taking into account the strength of THERAPY SERVICES UNDER THE ment. TRICARE PROGRAM. the scientific evidence and the appropriate- (i) SUNSET.—This section shall cease to be (a) IN GENERAL.—Not later than 180 days ness of the statistical and epidemiological effective 10 years after the last day of the fis- after the date of the enactment of this Act, methods used to detect the association; and cal year in which the Institute of Medicine the Secretary of Defense shall, in consulta- (B) whether there exists a plausible bio- submits to the Secretary of Defense the first tion with the entities and officials referred logical mechanism or other evidence of a report under subsection (f). to in subsection (d), carry out a pilot pro- causal relationship between the occupational (j) ALTERNATIVE CONTRACT SCIENTIFIC OR- gram under the TRICARE program to deter- and environmental health chemical hazard GANIZATION.— mine the feasibility and advisability of ex- and the health consequences. (1) IN GENERAL.—If the Secretary of De- panding the availability of cognitive reha- (2) DISCUSSION AND REASONING.—The Insti- fense is unable within the time period pre- bilitative therapy services for members or tute of Medicine shall include in its reports scribed in subsection (a)(2) to enter into an former members of the Armed Forces de- under subsection (f) a full discussion of the agreement described in subsection (a)(1) with scribed in subsection (b). scientific evidence and reasoning that led to the Institute of Medicine on terms accept- (b) COVERED MEMBERS AND FORMER MEM- its conclusions under this subsection. able to the Secretary, the Secretary shall BERS.—A member or former member of the (d) RECOMMENDATIONS FOR ADDITIONAL SCI- seek to enter into such an agreement with Armed Forces is described in this subsection ENTIFIC STUDIES.— another appropriate scientific organization if the member or former member— (1) IN GENERAL.—The Institute of Medicine that— (1) has been diagnosed with a moderate to shall make any recommendations it has for (A) is not part of the Government; severe traumatic brain injury incurred in the additional scientific studies to resolve areas (B) operates as a not-for-profit entity; and line of duty in Operation Iraqi Freedom or of continuing scientific uncertainty relating (C) has expertise and objectivity com- Operation Enduring Freedom; to exposure to occupational and environ- parable to that of the Institute of Medicine. (2) is retired or separated from the Armed mental health chemical hazards of particular (2) TREATMENT.—If the Secretary enters Forces for disability under chapter 61 of title concern. into an agreement with another organization 10, United States Code; and (2) CONSIDERATIONS.—In making rec- as described in paragraph (1), any reference (3) is referred by a qualified physician for ommendations for further study, the Insti- in this section to the Institute of Medicine cognitive rehabilitative therapy. tute of Medicine shall consider the following: shall be treated as a reference to the other (A) The scientific information that is cur- (c) ELEMENTS OF PILOT PROGRAM.—The organization. Secretary of Defense shall, in consultation rently available. (k) DEFINITIONS.—In this section: with the entities and officials referred to in (B) The value and relevance of the informa- (1) APPROPRIATE COMMITTEES OF CON- subsection (d), develop for inclusion in the tion that could result from additional stud- GRESS.—The term ‘‘appropriate committees pilot program the following: ies. of Congress’’ means— (1) Procedures for access to cognitive reha- (e) SUBSEQUENT REVIEWS.—The agreement (A) the Committee on Armed Services, the bilitative therapy services. under subsection (a) shall require the Insti- Committee on Veterans’ Affairs, and the (2) Qualifications and supervisory require- tute of Medicine— Committee on Appropriations of the Senate; ments for licensed and certified health care (1) to conduct periodically as comprehen- and professionals providing such services. sive a review as is practicable of the evi- (B) the Committee on Armed Services, the (3) A methodology for reimbursing pro- dence referred to in subsection (b) that has Committee on Veterans’ Affairs, and the viders for such services. become available since the last review of Committee on Appropriations of the House (d) ENTITIES AND OFFICIALS TO BE CON- such evidence under this section; and of Representatives. SULTED.—The entities and officials referred (2) to make its determinations and esti- CCUPATIONAL AND ENVIRONMENTAL (2) O to in this subsection are the following: mates on the basis of the results of such re- HEALTH CHEMICAL HAZARD OF PARTICULAR CON- (1) The Secretary of Veterans Affairs. view and all other reviews conducted for the CERN.—The term ‘‘occupational and environ- (2) The Defense Centers of Excellence for purposes of this section. mental health chemical hazard of particular Psychological Health and Traumatic Brain (f) REPORTS.— concern’’ means an occupational and envi- Injury. (1) REPORTS TO CONGRESS.— ronmental health chemical hazard that the (3) Relevant national organizations with (A) IN GENERAL.—The agreement under Secretary of Defense determines is of par- experience in treating traumatic brain in- subsection (a) shall require the Institute of ticular concern after considering appropriate jury. Medicine to submit, not later than the end of guidelines and standards for exposure, in- the 18-month period beginning on the date of (e) REPORT.—Not later than 18 months cluding the following: after the date of the enactment of this Act, the enactment of this Act and not less fre- (A) The military exposure guidelines speci- quently than once every two years there- the Secretary of Defense shall submit to the fied in the January 2002 Chemical Exposure Committees on Armed Services of the Senate after, to the appropriate committees of Con- Guidelines for Deployed Military Personnel, gress a report on the activities of the Insti- and the House of Representatives a report— United States Army Center for Health Pro- (1) evaluating the effectiveness of the pilot tute of Medicine under the agreement. motion and Preventive Medicine Technical (B) CONTENTS.—The report described in project in providing increased access to safe, Guide 230 (or any successor technical guide effective, and quality cognitive rehabilita- subparagraph (A) shall include the following: that establishes military exposure guidelines (i) The determinations and discussion re- tive therapy services for members and for the assessment of the significance of field former members of the Armed Forces de- ferred to in subsection (c). exposures to occupational and environ- (ii) Any recommendations of the Institute scribed in subsection (b); and mental health chemical hazards during de- (2) making recommendations with respect of Medicine under subsection (d). ployments). (2) REPORTS TO SECRETARY OF DEFENSE.— to the effectiveness of cognitive rehabilita- (B) Occupational and environmental health tive therapy services and the appropriate- The agreement under subsection (a) shall re- chemical exposure standards promulgated by quire the Institute of Medicine, in the case ness of including such services as a benefit the Occupational Safety and Health Admin- under the TRICARE program. that the Institute of Medicine makes any istration. conclusive determination under subsection (f) TRICARE PROGRAM DEFINED.—The term (c)(1) with respect to any incident of expo- SEC. 1085. OFFSET. ‘‘TRICARE program’’ has the meaning given sure studied under subsection (b), to submit, The total amount authorized to be appro- that term in section 1072(7) of title 10, United not later than 30 days after the date of such priated for the Department of Defense by di- States Code. determination, to the Secretary of Defense a visions A and B is hereby decreased by ‘‘Of the amounts appropriated for the de- report describing such determination. $6,000,000. fense health programs in FY 2010, $5 million (g) NOTICE TO MEMBERS AND FORMER MEM- shall be available for this pilot’’. BERS OF THE ARMED FORCES.—The Secretary SA 1722. Mr. BAYH (for himself and of Defense shall notify members and former Mr. GRAHAM) submitted an amendment SA 1723. Mr. UDALL of Colorado sub- members of the Armed Forces listed in a reg- intended to be proposed by him to the mitted an amendment intended to be istry established under section 1083(a) for ex- bill S. 1390, to authorize appropriations proposed by him to the bill S. 1390, to posure to an occupational and environmental for fiscal year 2010 for military activi- authorize appropriations for fiscal year health chemical hazard of particular concern of— ties of the Department of Defense, for 2010 for military activities of the De- (1) any conclusive determinations made military construction, and for defense partment of Defense, for military con- with respect to such exposure under sub- activities of the Department of Energy, struction, and for defense activities of section (c)(1); and to prescribe military personnel the Department of Energy, to prescribe

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7915 military personnel strengths for such On page 565, after line 20, add the fol- for defense activities of the Depart- fiscal year, and for other purposes; lowing: ment of Energy, to prescribe military which was ordered to lie on the table; SEC. 2832. LAND CONVEYANCE, PUEBLO ARMY personnel strengths for such fiscal as follows: DEPOT, COLORADO. year, and for other purposes; which was (a) CONVEYANCE AUTHORIZED.—The Sec- On page 565, after line 20, add the fol- retary of the Army may convey to the Pueb- ordered to lie on the table; as follows: lowing: lo Depot Development Authority, all right, On page 166, before line 18, insert the fol- SEC. 2832. LAND CONVEYANCE, PUEBLO ARMY title, and interest of the United States to a lowing: DEPOT, COLORADO. parcel of real property, including improve- Subtitle H—Military Voting (a) CONVEYANCE AUTHORIZED.—The Sec- ments thereon, consisting of approximately retary of the Army may convey, without 3,000 acres located at the Pueblo Army Depot SEC. 581. SHORT TITLE. consideration, to the Pueblo Depot Develop- in Pueblo, Colorado, for the purposes of de- This subtitle may be cited as the ‘‘Military ment Authority, all right, title, and interest veloping, constructing, and operating a large and Overseas Voter Empowerment Act’’. of the United States to a parcel of real prop- utility-scale renewable energy generating fa- erty, including improvements thereon, con- SEC. 582. FINDINGS. cility. sisting of approximately 3,000 acres located Congress makes the following findings: (b) CONSIDERATION.—As consideration for at the Pueblo Army Depot in Pueblo, Colo- (1) The right to vote is a fundamental the conveyance under subsection (a), the rado, for the purposes of developing, con- right. Pueblo Depot Development Authority shall structing, and operating a large utility-scale (2) Due to logistical, geographical, oper- pay to the Secretary an amount equal to the renewable energy generating facility. ational and environmental barriers, military fair market value of the property, as deter- (b) REVERSIONARY INTEREST.—If the Sec- and overseas voters are burdened by many mined by the Secretary. The determination retary determines at any time that the real obstacles that impact their right to vote and of the Secretary shall be final. property conveyed under subsection (a) is register to vote, the most critical of which not being used in accordance with the pur- (c) REVERSIONARY INTEREST.—If the Sec- retary determines at any time that the real include problems transmitting balloting ma- pose of the conveyance, all right, title, and terials and not being given enough time to interest in and to such real property, includ- property conveyed under subsection (a) is not being used in accordance with the pur- vote. ing any improvements and appurtenant ease- (3) States play an essential role in facili- ments thereto, shall, at the option of the pose of the conveyance, all right, title, and interest in and to such real property, includ- tating the ability of military and overseas Secretary, revert to and become the property voters to register to vote and have their bal- of the United States, and the United States ing any improvements and appurtenant ease- lots cast and counted, especially with re- shall have the right of immediate entry onto ments thereto, shall, at the option of the spect to timing and improvement of absentee such real property. A determination by the Secretary, revert to and become the property voter registration and absentee ballot proce- Secretary under this subsection shall be of the United States, and the United States dures. made on the record after an opportunity for shall have the right of immediate entry onto a hearing. such real property. A determination by the (4) The Department of Defense educates (c) PAYMENT OF COSTS OF CONVEYANCES.— Secretary under this subsection shall be military and overseas voters of their rights (1) PAYMENT REQUIRED.—The Secretary made on the record after an opportunity for under the Uniformed and Overseas Citizens shall require the Pueblo Depot Development a hearing. Absentee Voting Act and plays an indispen- Authority to cover costs to be incurred by (d) PAYMENT OF COSTS OF CONVEYANCES.— sable role in facilitating the procedural the Secretary, or to reimburse the Secretary (1) PAYMENT REQUIRED.—The Secretary channels that allow military and overseas for costs incurred by the Secretary, to carry shall require the Pueblo Depot Development voters to have their votes count. out the conveyance under subsection (a), in- Authority to cover costs to be incurred by (5) The local, State, and Federal Govern- cluding survey costs, costs related to envi- the Secretary, or to reimburse the Secretary ment entities involved with getting ballots ronmental documentation, and other admin- for costs incurred by the Secretary, to carry to military and overseas voters must work in istrative costs related to the conveyance. If out the conveyance under subsection (a), in- conjunction to provide voter registration amounts are collected from the Pueblo Depot cluding survey costs, costs related to envi- services and balloting materials in a secure Development Authority in advance of the ronmental documentation, and other admin- and expeditious manner. Secretary incurring the actual costs, and the istrative costs related to the conveyance. If SEC. 583. CLARIFICATION REGARDING DELEGA- amount collected exceeds the costs actually amounts are collected from the Pueblo Depot TION OF STATE RESPONSIBILITIES. incurred by the Secretary to carry out the Development Authority in advance of the A State may delegate its responsibilities conveyance, the Secretary shall refund the Secretary incurring the actual costs, and the in carrying out the requirements under the excess amount to the Pueblo Depot Develop- amount collected exceeds the costs actually Uniformed and Overseas Citizens Absentee ment Authority. incurred by the Secretary to carry out the Voting Act (42 U.S.C. 1973ff et seq.) imposed (2) TREATMENT OF AMOUNTS RECEIVED.— conveyance, the Secretary shall refund the as a result of the provisions of and amend- Amounts received as reimbursements under excess amount to the Pueblo Depot Develop- ments made by this Act to jurisdictions of paragraph (1) shall be credited to the fund or ment Authority. the State. account that was used to cover the costs in- (2) TREATMENT OF AMOUNTS RECEIVED.— SEC. 584. ESTABLISHMENT OF PROCEDURES FOR curred by the Secretary in carrying out the Amounts received as reimbursements under ABSENT UNIFORMED SERVICES VOT- conveyance. Amounts so credited shall be paragraph (1) shall be credited to the fund or ERS AND OVERSEAS VOTERS TO RE- merged with amounts in such fund or ac- account that was used to cover the costs in- QUEST AND FOR STATES TO SEND count and shall be available for the same curred by the Secretary in carrying out the VOTER REGISTRATION APPLICA- purposes, and subject to the same conditions conveyance. Amounts so credited shall be TIONS AND ABSENTEE BALLOT AP- merged with amounts in such fund or ac- PLICATIONS BY MAIL AND ELEC- and limitations, as amounts in such fund or TRONICALLY. account. count and shall be available for the same (d) DESCRIPTION OF PROPERTY.—The exact purposes, and subject to the same conditions (a) IN GENERAL.—Section 102 of the Uni- acreage and legal description of the real and limitations, as amounts in such fund or formed and Overseas Citizens Absentee Vot- property to be conveyed under this section account. ing Act (42 U.S.C. 1973ff–1) is amended— shall be determined by a survey satisfactory (e) DESCRIPTION OF PROPERTY.—The exact (1) in subsection (a)— to the Secretary. acreage and legal description of the real (A) in paragraph (4), by striking ‘‘and’’ at (e) ADDITIONAL TERMS AND CONDITIONS.— property to be conveyed under this section the end; The Secretary may require such additional shall be determined by a survey satisfactory (B) in paragraph (5), by striking the period terms and conditions in connection with the to the Secretary. at the end and inserting ‘‘; and’’; and conveyance under this section as the Sec- (f) ADDITIONAL TERMS AND CONDITIONS.— (C) by adding at the end the following new retary considers appropriate to protect the The Secretary may require such additional paragraph: interests of the United States. terms and conditions in connection with the ‘‘(6) in addition to any other method of conveyance under this section as the Sec- registering to vote or applying for an absen- SA 1724. Mr. UDALL of Colorado sub- retary considers appropriate to protect the tee ballot in the State, establish proce- mitted an amendment intended to be interests of the United States. dures— proposed by him to the bill S. 1390, to ‘‘(A) for absent uniformed services voters authorize appropriations for fiscal year SA 1725. Mr. SCHUMER (for himself, and overseas voters to request by mail and 2010 for military activities of the De- Mr. JOHANNS, Mr. WHITEHOUSE, Mr. electronically voter registration applica- partment of Defense, for military con- DEMINT, Mr. COBURN, Mr. LUGAR, and tions and absentee ballot applications with struction, and for defense activities of Ms. MURKOWSKI) submitted an amend- respect to general, special, primary, and run- ment intended to be proposed by him off elections for Federal office in accordance the Department of Energy, to prescribe with subsection (e); military personnel strengths for such to the bill S. 1390, to authorize appro- ‘‘(B) for States to send by mail and elec- fiscal year, and for other purposes; priations for fiscal year 2010 for mili- tronically (in accordance with the preferred which was ordered to lie on the table; tary activities of the Department of method of transmission designated by the as follows: Defense, for military construction, and absent uniformed services voter or overseas

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7916 CONGRESSIONAL RECORD — SENATE July 22, 2009

voter under subparagraph (C)) voter registra- ‘‘(B) PRIVACY PROTECTIONS.—To the extent SEC. 586. ENSURING ABSENT UNIFORMED SERV- tion applications and absentee ballot appli- practicable, the procedures established under ICES VOTERS AND OVERSEAS VOT- cations requested under subparagraph (A) in subsection (a)(6) shall ensure that the pri- ERS HAVE TIME TO VOTE. accordance with subsection (e); and vacy of the identity and other personal data (a) IN GENERAL.—Section 102 of the Uni- ‘‘(C) by which the absent uniformed serv- of an absent uniformed services voter or formed and Overseas Citizens Absentee Vot- ices voter or overseas voter can designate overseas voter who requests or is sent a ing Act (42 U.S.C. 1973ff–1(a)(1)), as amended whether they prefer for such voter registra- voter registration application or absentee by section 585, is amended— tion application or absentee ballot applica- ballot application under such subsection is (1) in subsection (a)— tion to be transmitted by mail or electroni- protected throughout the process of making (A) in paragraph (6), by striking ‘‘and’’ at cally.’’; and such request or being sent such applica- the end; (2) by adding at the end the following new tion.’’. (B) in paragraph (7), by striking the period subsection: (b) EFFECTIVE DATE.—The amendments at the end and inserting a semicolon; and ‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC made by this section shall apply with respect (C) by adding at the end the following new COMMUNICATION FOR ABSENT UNIFORMED to the regularly scheduled general election paragraph: SERVICES VOTERS AND OVERSEAS VOTERS TO for Federal office held in November 2010 and ‘‘(8) transmit a validly requested absentee REQUEST AND FOR STATES TO SEND VOTER each succeeding election for Federal office. ballot to an absent uniformed services voter REGISTRATION APPLICATIONS AND ABSENTEE SEC. 585. ESTABLISHMENT OF PROCEDURES FOR or overseas voter— BALLOT APPLICATIONS, AND FOR OTHER PUR- STATES TO TRANSMIT BLANK AB- ‘‘(A) except as provided in subsection (g), POSES RELATED TO VOTING INFORMATION.— SENTEE BALLOTS BY MAIL AND in the case where the request is received at ‘‘(1) IN GENERAL.—Each State shall, in ad- ELECTRONICALLY TO ABSENT UNI- least 45 days before an election for Federal dition to the designation of a single State of- FORMED SERVICES VOTERS AND office, not later than 45 days before the elec- OVERSEAS VOTERS. fice under subsection (b), designate not less tion; and (a) IN GENERAL.—Section 102 of the Uni- than 1 means of electronic communication— ‘‘(B) in the case where the request is re- formed and Overseas Citizens Absentee Vot- ‘‘(A) for use by absent uniformed services ceived less than 45 days before an election ing Act (42 U.S.C. 1973ff–1), as amended by for Federal office— voters and overseas voters who wish to reg- section 584, is amended— ister to vote or vote in any jurisdiction in ‘‘(i) in accordance with State law; and (1) in subsection (a)— ‘‘(ii) if practicable and as determined ap- the State to request voter registration appli- (A) in paragraph (5), by striking ‘‘and’’ at cations and absentee ballot applications propriate by the State, in a manner that ex- the end; pedites the transmission of such absentee under subsection (a)(6); (B) in paragraph (6), by striking the period ballot.’’. ‘‘(B) for use by States to send voter reg- at the end and inserting ‘‘; and’’; and (2) by adding at the end the following new istration applications and absentee ballot (C) by adding at the end the following new subsection: applications requested under such subparagraph: ‘‘(g) HARDSHIP EXEMPTION.— section; and ‘‘(7) in addition to any other method of ‘‘(1) IN GENERAL.—If the chief State elec- ‘‘(C) for the purpose of providing related transmitting blank absentee ballots in the voting, balloting, and election information tion official determines that the State is un- State, establish procedures for transmitting able to meet the requirement under sub- to absent uniformed services voters and by mail and electronically blank absentee overseas voters. section (a)(8)(A) with respect to an election ballots to absent uniformed services voters for Federal office due to an undue hardship ‘‘(2) CLARIFICATION REGARDING PROVISION OF and overseas voters with respect to general, described in paragraph (2)(B), the chief State MULTIPLE MEANS OF ELECTRONIC COMMUNICA- special, primary, and runoff elections for election official shall request that the Presi- TION.—A State may, in addition to the means Federal office in accordance with subsection dential designee grant a waiver to the State of electronic communication so designated, (f).’’; and of the application of such subsection. Such provide multiple means of electronic com- (2) by adding at the end the following new request shall include— munication to absent uniformed services subsection: ‘‘(A) a recognition that the purpose of such voters and overseas voters, including a ‘‘(f) TRANSMISSION OF BLANK ABSENTEE means of electronic communication for the BALLOTS BY MAIL AND ELECTRONICALLY.— subsection is to allow absent uniformed serv- appropriate jurisdiction of the State. ‘‘(1) IN GENERAL.—Each State shall estab- ices voters and overseas voters enough time ‘‘(3) INCLUSION OF DESIGNATED MEANS OF lish procedures— to vote in an election for Federal office; ELECTRONIC COMMUNICATION WITH INFORMA- ‘‘(A) to transmit blank absentee ballots by ‘‘(B) an explanation of the hardship that TIONAL AND INSTRUCTIONAL MATERIALS THAT mail and electronically (in accordance with indicates why the State is unable to trans- ACCOMPANY BALLOTING MATERIALS.—Each the preferred method of transmission des- mit absent uniformed services voters and State shall include a means of electronic ignated by the absent uniformed services overseas voters an absentee ballot in accord- communication so designated with all infor- voter or overseas voter under subparagraph ance with such subsection; mational and instructional materials that (B)) to absent uniformed services voters and ‘‘(C) the number of days prior to the elec- accompany balloting materials sent by the overseas voters for an election for Federal tion for Federal office that the State re- State to absent uniformed services voters office; and quires absentee ballots be transmitted to ab- and overseas voters. ‘‘(B) by which the absent uniformed serv- sent uniformed services voters and overseas ‘‘(4) AVAILABILITY AND MAINTENANCE OF ON- ices voter or overseas voter can designate voters; and LINE REPOSITORY OF STATE CONTACT INFORMA- whether they prefer for such blank absentee ‘‘(D) a comprehensive plan to ensure that TION.—The Federal Voting Assistance Pro- ballot to be transmitted by mail or elec- absent uniformed services voters and over- gram of the Department of Defense shall tronically. seas voters are able to receive absentee bal- maintain and make available to the public ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI- lots which they have requested and submit an online repository of State contact infor- CATED.—In the case where an absent uni- marked absentee ballots to the appropriate mation with respect to elections for Federal formed services voter or overseas voter does State election official in time to have that office, including the single State office des- not designate a preference under paragraph ballot counted in the election for Federal of- ignated under subsection (b) and the means (1)(B), the State shall transmit the ballot by fice, which includes— of electronic communication designated any delivery method allowable in accordance ‘‘(i) the steps the State will undertake to under paragraph (1), to be used by absent with applicable State law, or if there is no ensure that absent uniformed services voters uniformed services voters and overseas vot- applicable State law, by mail. and overseas voters have time to receive, ers as a resource to send voter registration ‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— mark, and submit their ballots in time to applications and absentee ballot applications ‘‘(A) SECURITY PROTECTIONS.—To the extent have those ballots counted in the election; to the appropriate jurisdiction in the State. practicable, States shall ensure that the pro- ‘‘(ii) why the plan provides absent uni- ‘‘(5) TRANSMISSION IF NO PREFERENCE INDI- cedures established under subsection (a)(7) formed services voters and overseas voters CATED.—In the case where an absent uni- protect the security and integrity of absen- sufficient time to vote as a substitute for the formed services voter or overseas voter does tee ballots. requirements under such subsection; and not designate a preference under subsection ‘‘(B) PRIVACY PROTECTIONS.—To the extent ‘‘(iii) the underlying factual information (a)(6)(C), the State shall transmit the voter practicable, the procedures established under which explains how the plan provides such registration application or absentee ballot subsection (a)(7) shall ensure that the pri- sufficient time to vote as a substitute for application by any delivery method allow- vacy of the identity and other personal data such requirements. able in accordance with applicable State law, of an absent uniformed services voter or ‘‘(2) APPROVAL OF WAIVER REQUEST.—After or if there is no applicable State law, by overseas voter to whom a blank absentee consulting with the Attorney General, the mail. ballot is transmitted under such subsection Presidential designee shall approve a waiver ‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— is protected throughout the process of such request under paragraph (1) if the Presi- ‘‘(A) SECURITY PROTECTIONS.—To the extent transmission.’’. dential designee determines each of the fol- practicable, States shall ensure that the pro- (b) EFFECTIVE DATE.—The amendments lowing requirements are met: cedures established under subsection (a)(6) made by this section shall apply with respect ‘‘(A) The comprehensive plan under sub- protect the security and integrity of the to the regularly scheduled general election paragraph (D) of such paragraph provides ab- voter registration and absentee ballot appli- for Federal office held in November 2010 and sent uniformed services voters and overseas cation request processes. each succeeding election for Federal office. voters sufficient time to receive absentee

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7917

ballots they have requested and submit ‘‘(1) IN GENERAL.—Under the procedures es- (c) STATE RESPONSIBILITIES.—Section 102(a) marked absentee ballots to the appropriate tablished under this section, the Presidential of such Act (42 U.S.C. 1973ff–1(a)), as amended State election official in time to have that designee shall implement procedures that fa- by section 586, is amended— ballot counted in the election for Federal of- cilitate the delivery of marked absentee bal- (1) in paragraph (8), by striking ‘‘and’’ at fice. lots of absent overseas uniformed services the end; ‘‘(B) One or more of the following issues voters for regularly scheduled general elec- (2) in paragraph (9), by striking the period creates an undue hardship for the State: tions for Federal office to the appropriate at the end and inserting ‘‘; and’’; and ‘‘(i) The State’s primary election date pro- election officials, in accordance with this (3) by adding the following new paragraph: hibits the State from complying with subsection, not later than the date by which an ‘‘(10) carry out section 103A(b)(1) with re- section (a)(8)(A). absentee ballot must be received in order to spect to the processing and acceptance of ‘‘(ii) The State has suffered a delay in gen- be counted in the election. marked absentee ballots of absent overseas erating ballots due to a legal contest. ‘‘(2) COOPERATION AND COORDINATION WITH uniformed services voters.’’. ‘‘(iii) The State Constitution prohibits the THE UNITED STATES POSTAL SERVICE.—The (d) TRACKING MARKED BALLOTS.—Section State from complying with such subsection. Presidential designee shall carry out this 102 of such Act (42 U.S.C. 1973ff–1(a)), as ‘‘(3) TIMING OF WAIVER.— section in cooperation and coordination with amended by section 586, is amended by add- ‘‘(A) IN GENERAL.—Except as provided the United States Postal Service, and shall ing at the end the following new subsection: under subparagraph (B), a State that re- provide expedited mail delivery service for ‘‘(h) TRACKING MARKED BALLOTS.—The quests a waiver under paragraph (1) shall all such marked absentee ballots of absent chief State election official, in coordination submit to the Presidential designee the writ- uniformed services voters that are collected with local election jurisdictions, shall de- ten waiver request not later than 90 days be- on or before the deadline described in para- velop a free access system by which an ab- fore the election for Federal office with re- graph (3) and then transferred to the United sent uniformed services voter or overseas spect to which the request is submitted. The States Postal Service. voter may determine whether the absentee Presidential designee shall approve or deny ‘‘(3) DEADLINE DESCRIBED.— ballot of the absent uniformed services voter the waiver request not later than 65 days be- ‘‘(A) IN GENERAL.—Except as provided in or overseas voter has been received by the fore such election. subparagraph (B), the deadline described in appropriate State election official.’’. ‘‘(B) EXCEPTION.—If a State requests a this paragraph is noon (in the location in (e) PROTECTING VOTER PRIVACY AND SE- waiver under paragraph (1) as the result of which the ballot is collected) on the seventh CRECY OF ABSENTEE BALLOTS.—Section 101(b) an undue hardship described in paragraph day preceding the date of the regularly of the Uniformed and Overseas Citizens Ab- (2)(B)(ii), the State shall submit to the Presi- scheduled general election for Federal office. sentee Voting Act (42 U.S.C. 1973ff(b)), as dential designee the written waiver request ‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE amended by subsection (b), is amended— as soon as practicable. The Presidential des- DEADLINE FOR CERTAIN LOCATIONS.—If the (1) by striking ‘‘and’’ at the end of para- ignee shall approve or deny the waiver re- Presidential designee determines that the graph (7); quest not later than 5 business days after the deadline described in subparagraph (A) is not (2) by striking the period at the end of date on which the request is received. sufficient to ensure timely delivery of the paragraph (8) and inserting ‘‘; and’’; and ‘‘(4) APPLICATION OF WAIVER.—A waiver ap- ballot under paragraph (1) with respect to a (3) by adding at the end the following new proved under paragraph (2) shall only apply particular location because of remoteness or paragraph: with respect to the election for Federal of- other factors, the Presidential designee may ‘‘(9) to the greatest extent practicable, fice for which the request was submitted. establish as an alternative deadline for that take such actions as may be necessary— For each subsequent election for Federal of- location the latest date occurring prior to ‘‘(A) to ensure that absent uniformed serv- fice, the Presidential designee shall only ap- the deadline described in subparagraph (A) ices voters who cast absentee ballots at loca- prove a waiver if the State has submitted a which is sufficient to provide timely delivery tions or facilities under the jurisdiction of request under paragraph (1) with respect to of the ballot under paragraph (1). the Presidential designee are able to do so in such election.’’. ‘‘(4) NO POSTAGE REQUIREMENT.—In accord- a private and independent manner; and (b) RUNOFF ELECTIONS.—Section 102(a) of ance with section 3406 of title 39, United ‘‘(B) to protect the privacy of the contents the Uniformed and Overseas Citizens Absen- States Code, such marked absentee ballots of absentee ballots cast by absentee uni- tee Voting Act (42 U.S.C. 1973ff–1(a)), as and other balloting materials shall be car- formed services voters and overseas voters amended by subsection (a), is amended— ried free of postage. while such ballots are in the possession or (1) in paragraph (7), by striking ‘‘and’’ at ‘‘(5) DATE OF MAILING.—Such marked ab- control of the Presidential designee.’’. the end; sentee ballots shall be postmarked with a (f) EFFECTIVE DATE.—The amendments (2) in paragraph (8), by striking the period record of the date on which the ballot is made by this section shall apply with respect at the end and inserting ‘‘; and’’; and mailed. to the regularly scheduled general election (3) by adding at the end the following new ‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNI- for Federal office held in November 2010 and paragraph: FORMED SERVICES VOTERS ON PROCEDURES.— each succeeding election for Federal office. ‘‘(9) if the State declares or otherwise The Presidential designee shall take appro- SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT. holds a runoff election for Federal office, es- priate actions to inform individuals who are (a) USE IN GENERAL, SPECIAL, PRIMARY, AND tablish a written plan that provides absentee anticipated to be absent overseas uniformed RUNOFF ELECTIONS FOR FEDERAL OFFICE.— ballots are made available to absent uni- services voters in a regularly scheduled gen- (1) IN GENERAL.—Section 103 of the Uni- formed services voters and overseas voters in eral election for Federal office to which this formed and Overseas Citizens Absentee Vot- manner that gives them sufficient time to section applies of the procedures for the col- ing Act (42 U.S.C. 1973ff–2) is amended— vote in the runoff election.’’. lection and delivery of marked absentee bal- (A) in subsection (a), by striking ‘‘general (c) EFFECTIVE DATE.—The amendments lots established pursuant to this section, in- elections for Federal office’’ and inserting made by this section shall apply with respect cluding the manner in which such voters ‘‘general, special, primary, and runoff elec- to the regularly scheduled general election may utilize such procedures for the sub- for Federal office held in November 2010 and mittal of marked absentee ballots pursuant tions for Federal office’’; each succeeding election for Federal office. to this section. (B) in subsection (e), in the matter pre- SEC. 587. PROCEDURES FOR COLLECTION AND ‘‘(d) ABSENT OVERSEAS UNIFORMED SERV- ceding paragraph (1), by striking ‘‘a general DELIVERY OF MARKED ABSENTEE ICES VOTER DEFINED.—In this section, the election’’ and inserting ‘‘a general, special, BALLOTS OF ABSENT OVERSEAS term ‘absent overseas uniformed services primary, or runoff election for Federal of- UNIFORMED SERVICES VOTERS. voter’ means an overseas voter described in fice’’; and (a) IN GENERAL.—The Uniformed and Over- section 107(5)(A). (C) in subsection (f), by striking ‘‘the gen- seas Citizens Absentee Voting Act (42 U.S.C. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— eral election’’ each place it appears and in- 1973ff et seq.) is amended by inserting after There are authorized to be appropriated to serting ‘‘the general, special, primary, or section 103 the following new section: the Presidential designee such sums as may runoff election for Federal office’’. ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND be necessary to carry out this section.’’. (2) EFFECTIVE DATE.—The amendments DELIVERY OF MARKED ABSENTEE (b) CONFORMING AMENDMENT.—Section made by this subsection shall take effect on BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. 101(b) of such Act (42 U.S.C. 1973ff(b)) is December 31, 2010, and apply with respect to ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The amended— elections for Federal office held on or after Presidential designee shall establish proce- (1) by striking ‘‘and’’ at the end of para- such date. dures for collecting marked absentee ballots graph (6); (b) PROMOTION AND EXPANSION OF USE.— of absent overseas uniformed services voters (2) by striking the period at the end of Section 103(a) of the Uniformed and Overseas in regularly scheduled general elections for paragraph (7) and inserting ‘‘; and’’; and Citizens Absentee Voting Act (42 U.S.C. Federal office, including absentee ballots (3) by adding at the end the following new 1973ff–2) is amended— prepared by States and the Federal write-in paragraph: (1) by striking ‘‘GENERAL.—The Presi- absentee ballot prescribed under section 103, ‘‘(8) carry out section 103A with respect to dential’’ and inserting ‘‘GENERAL.— and for delivering such marked absentee bal- the collection and delivery of marked absen- ‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— lots to the appropriate election officials. tee ballots of absent overseas uniformed The Presidential’’; and ‘‘(b) DELIVERY TO APPROPRIATE ELECTION services voters in elections for Federal of- (2) by adding at the end the following new OFFICIALS.— fice.’’. paragraph:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7918 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(2) PROMOTION AND EXPANSION OF USE OF (1) IN GENERAL.—The Uniformed and Over- ‘‘(B) the opportunity to register to vote in FEDERAL WRITE-IN ABSENTEE BALLOTS.— seas Citizens Absentee Voting Act (42 U.S.C. an election for Federal office; ‘‘(A) IN GENERAL.—Not later than Decem- 1973ff et seq.), as amended by section 587, is ‘‘(C) the opportunity to update the individ- ber 31, 2011, the Presidential designee shall amended by inserting after section 103A the ual’s voter registration information, includ- adopt procedures to promote and expand the following new section: ing clear written notice and instructions for use of the Federal write-in absentee ballot as ‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PRO- the absent uniformed services voter to a back-up measure to vote in elections for GRAM IMPROVEMENTS. change their address by submitting the offi- Federal office. ‘‘(a) DUTIES.—The Presidential designee cial post card form prescribed under section ‘‘(B) USE OF TECHNOLOGY.—Under such pro- shall carry out the following duties: 101 to the appropriate State election official; cedures, the Presidential designee shall uti- ‘‘(1) Develop online portals of information and lize technology to implement a system under to inform absent uniformed services voters ‘‘(D) the opportunity to request an absen- which the absent uniformed services voter or regarding voter registration procedures and tee ballot under this Act. overseas voter may— absentee ballot procedures to be used by ‘‘(2) DEVELOPMENT OF PROCEDURES.—Each ‘‘(i) enter the address of the voter or other such voters with respect to elections for Fed- Secretary of a military department shall de- information relevant in the appropriate ju- eral office. velop, in consultation with each State and risdiction of the State, and the system will ‘‘(2) Establish a program to notify absent the Presidential designee, the procedures generate a list of all candidates in the elec- uniformed services voters of voter registra- necessary to provide the assistance described tion for Federal office in that jurisdiction; tion information and resources, the avail- in paragraph (1). and ability of the Federal postcard application, ‘‘(3) INDIVIDUALS DESCRIBED.—The following ‘‘(ii) submit the marked Federal write-in and the availability of the Federal write-in individuals are described in this paragraph: absentee ballot by printing the ballot (in- absentee ballot on the military Global Net- ‘‘(A) An absent uniformed services voter— cluding complete instructions for submitting work, and shall use the military Global Net- ‘‘(i) who is undergoing a permanent change the marked Federal write-in absentee ballot work to notify absent uniformed services of duty station; to the appropriate State election official and voters of the foregoing 90, 60, and 30 days ‘‘(ii) who is deploying overseas for at least the mailing address of the single State office prior to each election for Federal office. 6 months; ‘‘(b) CLARIFICATION REGARDING OTHER DU- designated under section 102(b)). ‘‘(iii) who is or returning from an overseas TIES AND OBLIGATIONS.—Nothing in this sec- ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— deployment of at least 6 months; or tion shall relieve the Presidential designee There are authorized to be appropriated to ‘‘(iv) who at any time requests assistance of their duties and obligations under any di- related to voter registration. the Presidential designee such sums as may rectives or regulations issued by the Depart- be necessary to carry out this paragraph.’’. ‘‘(B) All other absent uniformed services ment of Defense, including the Department voters (as defined in section 107(1)). SEC. 589. PROHIBITING REFUSAL TO ACCEPT of Defense Directive 1000.04 (or any successor VOTER REGISTRATION AND ABSEN- ‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— directive or regulation) that is not incon- The assistance described in paragraph (1) TEE BALLOT APPLICATIONS, sistent or contradictory to the provisions of MARKED ABSENTEE BALLOTS, AND shall be provided to an absent uniformed FEDERAL WRITE-IN ABSENTEE BAL- this section. services voter— LOTS FOR FAILURE TO MEET CER- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) described in clause (i) of paragraph TAIN REQUIREMENTS. There are authorized to be appropriated to (3)(A), as part of the administrative in-proc- (a) VOTER REGISTRATION AND ABSENTEE the Federal Voting Assistance Program of essing of the member upon arrival at the new BALLOT APPLICATIONS.—Section 102 of the the Department of Defense (or a successor duty station of the absent uniformed serv- Uniformed and Overseas Citizens Absentee program) such sums as are necessary for pur- ices voter; Voting Act (42 U.S.C. 1973ff–1), as amended poses of carrying out this section.’’. ‘‘(B) described in clause (ii) of such para- by section 587, is amended by adding at the (2) CONFORMING AMENDMENTS.—Section 101 graph, as part of the administrative in-proc- end the following new subsection: of such Act (42 U.S.C. 1973ff), as amended by essing of the member upon deployment from ‘‘(i) PROHIBITING REFUSAL TO ACCEPT AP- section 587, is amended— the home duty station of the absent uni- PLICATIONS FOR FAILURE TO MEET CERTAIN (A) in subparagraph (b)— formed services voter; REQUIREMENTS.—A State shall not refuse to (i) by striking ‘‘and’’ at the end of para- ‘‘(C) described in clause (iii) of such para- accept and process any otherwise valid voter graph (8); graph, as part of the administrative in-proc- registration application or absentee ballot (ii) by striking the period at the end of essing of the member upon return to the application (including the official post card paragraph (9) and inserting ‘‘; and’’; and home duty station of the absent uniformed form prescribed under section 101) or marked (iii) by adding at the end the following new services voter; absentee ballot submitted in any manner by paragraph: ‘‘(D) described in clause (iv) of such para- an absent uniformed services voter or over- ‘‘(10) carry out section 103B with respect to graph, at any time the absent uniformed seas voter solely on the basis of the fol- Federal Voting Assistance Program Improve- services voter requests such assistance; and lowing: ments.’’; and ‘‘(E) described in paragraph (3)(B), at any ‘‘(1) Notarization requirements. (B) by adding at the end the following new time the absent uniformed services voter re- subsection: ‘‘(2) Restrictions on paper type, including quests such assistance. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS weight and size. ‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION FOR CARRYING OUT FEDERAL VOTING ASSIST- ‘‘(3) Restrictions on envelope type, includ- OFFICES OF THE DEPARTMENT OF DEFENSE.— ANCE PROGRAM IMPROVEMENTS.—There are The Secretary of Defense may designate pay, ing weight and size.’’. authorized to be appropriated to the Presi- (b) FEDERAL WRITE-IN ABSENTEE BALLOT.— dential designee such sums as are necessary personnel, and identification offices of the Section 103 of such Act (42 U.S.C. 1973ff–2) is for purposes of carrying out subsection Department of Defense for persons to apply amended— (b)(10).’’. to register to vote, update the individual’s (1) by redesignating subsection (f) as sub- (b) VOTER REGISTRATION ASSISTANCE FOR voter registration information, and request section (g); and ABSENT UNIFORMED SERVICES VOTERS.—Sec- an absentee ballot under this Act. (2) by inserting after subsection (e) the fol- tion 102 of the Uniformed and Overseas Citi- ‘‘(6) TREATMENT OF OFFICES DESIGNATED AS lowing new subsection: zens Absentee Voting Act (42 U.S.C. 1973ff–1), VOTER REGISTRATION AGENCIES.—An office ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BAL- as amended by section 589, is amended by designated under paragraph (1) or (5) shall be LOT FOR FAILURE TO MEET CERTAIN REQUIRE- adding at the end the following new sub- considered to be a voter registration agency MENTS.—A State shall not refuse to accept section: designated under section 7(a)(2) of the Na- and process any otherwise valid Federal ‘‘(j) VOTER REGISTRATION ASSISTANCE FOR tional Voter Registration Act of 1993 for all write-in absentee ballot submitted in any ABSENT UNIFORMED SERVICES VOTERS.— purposes of such Act. manner by an absent uniformed services ‘‘(1) DESIGNATING AN OFFICE AS A VOTER ‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV- voter or overseas voter solely on the basis of REGISTRATION AGENCY ON EACH INSTALLATION ICES VOTERS.—The Secretary of each mili- the following: OF THE ARMED FORCES.—Not later than 180 tary department or the Presidential designee ‘‘(1) Notarization requirements. days after the date of enactment of this sub- shall take appropriate actions to inform ab- ‘‘(2) Restrictions on paper type, including section, each Secretary of a military depart- sent uniformed services voters of the assist- weight and size. ment shall take appropriate actions to des- ance available under this subsection includ- ‘‘(3) Restrictions on envelope type, includ- ignate an office on each installation of the ing— ing weight and size.’’. Armed Forces under the jurisdiction of such ‘‘(A) the availability of voter registration (c) EFFECTIVE DATE.—The amendments Secretary (excluding any installation in a assistance at offices designated under para- made by this section shall apply with respect theater of combat), consistent across every graphs (1) and (5); and to the regularly scheduled general election installation of the department of the Sec- ‘‘(B) the time, location, and manner in for Federal office held in November 2010 and retary concerned, to provide each individual which an absent uniformed voter may utilize each succeeding election for Federal office. described in paragraph (3)— such assistance. SEC. 590. FEDERAL VOTING ASSISTANCE PRO- ‘‘(A) written information on voter registra- ‘‘(8) DEFINITION OF MILITARY DEPARTMENT GRAM IMPROVEMENTS. tion procedures and absentee ballot proce- AND SECRETARY CONCERNED.—In this sub- (a) FEDERAL VOTING ASSISTANCE PROGRAM dures (including the official post card form section, the terms ‘military department’ and IMPROVEMENTS.— prescribed under section 101); ‘Secretary concerned’ have the meaning

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7919

given such terms in paragraphs (8) and (9), ‘‘SEC. 105A. REPORTING REQUIREMENTS. ‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES respectively, of section 101 of title 10, United ‘‘(a) REPORT ON STATUS OF IMPLEMENTATION VOTER.—The term ‘absent overseas uni- States Code. AND ASSESSMENT OF PROGRAMS.—Not later formed services voter’ has the meaning given ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— than 180 days after the date of the enactment such term in section 103A(d). There are authorized to be appropriated such of the Military and Overseas Voter Em- ‘‘(2) PRESIDENTIAL DESIGNEE.—The term sums as are necessary to carry out this sub- powerment Act, the Presidential designee ‘Presidential designee’ means the Presi- section.’’. shall submit to the relevant committees of dential designee under section 101(a). (c) EFFECTIVE DATE.—The amendments Congress a report containing the following ‘‘(3) RELEVANT COMMITTEES OF CONGRESS made by this section shall apply with respect information: DEFINED.—The term ‘relevant committees of to the regularly scheduled general election ‘‘(1) The status of the implementation of Congress’ means— for Federal office held in November 2010 and the procedures established for the collection ‘‘(A) the Committees on Appropriations, each succeeding election for Federal office. and delivery of marked absentee ballots of Armed Services, and Rules and Administra- SEC. 591. DEVELOPMENT OF STANDARDS FOR RE- absent overseas uniformed services voters tion of the Senate; and PORTING AND STORING CERTAIN under section 103A, and a detailed descrip- ‘‘(B) the Committees on Appropriations, DATA. tion of the specific steps taken towards such Armed Services, and House Administration (a) IN GENERAL.—Section 101(b) of such Act implementation for the regularly scheduled of the House of Representatives.’’. (42 U.S.C. 1973ff(b)), as amended by section general election for Federal office held in SEC. 594. ANNUAL REPORT ON ENFORCEMENT. 590, is amended— November 2010. Section 105 of the Uniformed and Overseas (1) by striking ‘‘and’’ at the end of para- ‘‘(2) An assessment of the effectiveness of Citizens Absentee Voting Act (42 U.S.C. graph (9); the Voting Assistance Officer Program of the 1973f–4) is amended— (2) by striking the period at the end of Department of Defense, which shall include (1) by striking ‘‘The Attorney’’ and insert- paragraph (10) and inserting ‘‘; and’’; and the following: ing ‘‘(a) IN GENERAL.—The Attorney’’; and (3) by adding at the end the following new ‘‘(A) A thorough and complete assessment (2) by adding at the end the following new paragraph: of whether the Program, as configured and subsection: ‘‘(11) working with the Election Assistance implemented as of such date of enactment, is ‘‘(b) REPORT TO CONGRESS.—Not later than December 31 of each year, the Attorney Gen- Commission and the chief State election offi- effectively assisting absent uniformed serv- eral shall submit to Congress an annual re- cial of each State, develop standards— ices voters in exercising their right to vote. port on any civil action brought under sub- ‘‘(A) for States to report data on the num- ‘‘(B) An inventory and explanation of any section (a) during the preceding year.’’. ber of absentee ballots transmitted and re- areas of voter assistance in which the Pro- ceived under section 102(c) and such other gram has failed to accomplish its stated ob- SEC. 595. REQUIREMENTS PAYMENTS. (a) USE OF FUNDS.—Section 251(b) of the data as the Presidential designee determines jectives and effectively assist absent uni- Help America Vote Act of 2002 (42 U.S.C. appropriate; and formed services voters in exercising their 15401(b)) is amended— ‘‘(B) for the Presidential designee to store right to vote. (1) in paragraph (1), by striking ‘‘paragraph the data reported.’’. ‘‘(C) As necessary, a detailed plan for the (b) CONFORMING AMENDMENT.—Section (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; implementation of any new program to re- 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as and place or supplement voter assistance activi- amended by section 587, is amended— (2) by adding at the end the following new ties required to be performed under this Act. (1) in paragraph (9), by striking ‘‘and’’ at paragraph: ‘‘(3) A detailed description of the specific the end; ‘‘(3) ACTIVITIES UNDER UNIFORMED AND steps taken towards the implementation of (2) in paragraph (10), by striking the period OVERSEAS CITIZENS ABSENTEE VOTING ACT.—A voter registration assistance for absent uni- at the end and inserting ‘‘; and’’; and State shall use a requirements payment formed services voters under section 102(j), (3) by adding at the end the following new made using funds appropriated pursuant to including the designation of offices under paragraph: the authorization under section 257(4) only paragraphs (1) and (5) of such section. ‘‘(11) report data on the number of absen- to meet the requirements under the Uni- tee ballots transmitted and received under ‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF formed and Overseas Citizens Absentee Vot- section 102(c) and such other data as the ACTIVITIES AND UTILIZATION OF CERTAIN PRO- ing Act imposed as a result of the provisions Presidential designee determines appropriate CEDURES.—Not later than March 31 of each of and amendments made by the Military in accordance with the standards developed year, the Presidential designee shall trans- and Overseas Voter Empowerment Act.’’. by the Presidential designee under section mit to the President and to the relevant (b) REQUIREMENTS.— 101(b)(11).’’. committees of Congress a report containing (1) STATE PLAN.—Section 254(a) of the Help (c) EFFECTIVE DATE.—The amendments the following information: America Vote Act of 2002 (42 U.S.C. 15404(a)) made by this section shall apply with respect ‘‘(1) An assessment of the effectiveness of is amended by adding at the end the fol- to the regularly scheduled general election activities carried out under section 103B, in- lowing new paragraph: for Federal office held in November 2010 and cluding the activities and actions of the Fed- ‘‘(14) How the State plan will comply with each succeeding election for Federal office. eral Voting Assistance Program of the De- the provisions and requirements of and SEC. 592. REPEAL OF PROVISIONS RELATING TO partment of Defense, a separate assessment amendments made by the Military and Over- USE OF SINGLE APPLICATION FOR of voter registration and participation by ab- seas Voter Empowerment Act.’’. ALL SUBSEQUENT ELECTIONS. sent uniformed services voters, a separate (2) CONFORMING AMENDMENTS.—Section (a) IN GENERAL.—Subsections (a) through assessment of voter registration and partici- 253(b) of the Help America Vote Act of 2002 (d) of section 104 of the Uniformed and Over- pation by overseas voters who are not mem- (42 U.S.C. 15403(b)) is amended— seas Citizens Absentee Voting Act (42 U.S.C. bers of the uniformed services, and a descrip- (A) in paragraph (1)(A), by striking ‘‘sec- 1973ff–3) are repealed. tion of the cooperation between States and tion 254’’ and inserting ‘‘subsection (a) of (b) CONFORMING AMENDMENTS.—The Uni- the Federal Government in carrying out section 254 (or, in the case where a State is formed and Overseas Citizens Absentee Vot- such section. seeking a requirements payment made using ing Act (42 U.S.C. 1973ff et seq.) is amended— ‘‘(2) A description of the utilization of funds appropriated pursuant to the author- (1) in section 101(b)— voter registration assistance under section ization under section 257(4), paragraph (14) of (A) in paragraph (2), by striking ‘‘, for use 102(j), which shall include the following: section 254)’’; and by States in accordance with section 104’’; ‘‘(A) A description of the specific programs (B) in paragraph (2)— and implemented by each military department of (i) by striking ‘‘(2) The State’’ and insert- (B) in paragraph (4), by striking ‘‘for use the Armed Forces pursuant to such section. ing ‘‘(2)(A) Subject to subparagraph (B), the by States in accordance with section 104’’; ‘‘(B) The number of absent uniformed serv- State’’; and and ices voters who utilized voter registration (ii) by inserting after subparagraph (A), as (2) in section 104, as amended by subsection assistance provided under such section. added by clause (i), the following new sub- (a)— ‘‘(3) In the case of a report submitted under paragraph: (A) in the section heading, by striking this subsection in an even-numbered year in ‘‘(B) The requirement under subparagraph ‘‘USE OF SINGLE APPLICATION FOR ALL which a regularly scheduled general election (A) shall not apply in the case of a require- SUBSEQUENT ELECTIONS’’ and inserting for Federal office is held, a description of the ments payment made using funds appro- ‘‘PROHIBITION OF REFUSAL OF APPLICA- utilization of the procedures for the collec- priated pursuant to the authorization under TIONS ON GROUNDS OF EARLY SUBMIS- tion and delivery of marked absentee ballots section 257(4).’’. SION’’; and established pursuant to section 103A, which (c) AUTHORIZATION.—Section 257(a) of the (B) in subsection (e), by striking ‘‘(e) PRO- shall include the number of marked absentee Help America Vote Act of 2002 (42 U.S.C. HIBITION OF REFUSAL OF APPLICATIONS ON ballots collected and delivered under such 15407(a)) is amended by adding at the end the GROUNDS OF EARLY SUBMISSION.—’’. procedures and the number of such ballots following new paragraph: SEC. 593. REPORTING REQUIREMENTS. which were not delivered by the time of the ‘‘(4) For fiscal year 2010 and subsequent fis- The Uniformed and Overseas Citizens Ab- closing of the polls on the date of the elec- cal years, such sums as are necessary for sentee Voting Act (42 U.S.C. 1973ff et seq.) is tion (and the reasons such ballots were not purposes of making requirements payments amended by inserting after section 105 the so delivered). to States to carry out the activities de- following new section: ‘‘(c) DEFINITIONS.—In this section: scribed in section 251(b)(3).’’.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7920 CONGRESSIONAL RECORD — SENATE July 22, 2009 SEC. 596. TECHNOLOGY PILOT PROGRAM. SEC. 573. PROVISION TO MEMBERS OF THE provide to each member of the Armed Forces (a) DEFINITIONS.—In this section: ARMED FORCES AND THEIR FAMI- under the jurisdiction of such Secretary on (1) ABSENT UNIFORMED SERVICES VOTER.— LIES OF COMPREHENSIVE INFORMA- an annual basis notice on the value of the The term ‘‘absent uniformed services voter’’ TION ON BENEFITS FOR MEMBERS pay and benefits paid or provided to such OF THE ARMED FORCES AND THEIR has the meaning given such term in section FAMILIES. member by law during the preceding year. 107(a) of the Uniformed and Overseas Citizens The notice may be provided in writing or (a) PROVISION OF COMPREHENSIVE INFORMA- Absentee Voting Act (42 U.S.C. 1973ff et seq.). electronically, at the election of the Sec- TION REQUIRED.—The Secretary of the mili- (2) OVERSEAS VOTER.—The term ‘‘overseas tary department concerned shall, at each retary. LEMENTS.—Each notice provided a voter’’ has the meaning given such term in time specified in subsection (b), provide to (2) E member under paragraph (1) shall include section 107(5) of such Act. each member of the Armed Forces and, when the following: (3) PRESIDENTIAL DESIGNEE.—The term practicable, the family members of such (A) A statement of the estimated value of ‘‘Presidential designee’’ means the indi- member comprehensive information on the the military health care, retirement bene- vidual designated under section 101(a) of benefits available to such member and fam- fits, disability benefits, commissary and ex- such Act. ily members as described in subsection (c), (b) ESTABLISHMENT.— change privileges, government-provided including the estimated monetary amount of (1) IN GENERAL.—The Presidential designee housing, tax benefits associated with service such benefits and of any applicable offsets to may establish 1 or more pilot programs in the Armed Forces, and special pays paid such benefits. under which the feasibility of new election or provided the member during the preceding (b) TIMES FOR PROVISION OF INFORMATION.— 12 months. technology is tested for the benefit of absent Comprehensive information on benefits shall (B) A notice regarding the death and sur- uniformed services voters and overseas vot- be provided a member of the Armed Forces vivor benefits, including Servicemembers’ ers claiming rights under the Uniformed and and family members at each time as follows: Overseas Citizens Absentee Voting Act (42 Group Life Insurance, to which the family of (1) Within 180 days of the enlistment, ac- the member would be entitled in the event of U.S.C. 1973ff et seq.). cession, or commissioning of the member as (2) DESIGN AND CONDUCT.—The design and the death of the member, and a description a member of the Armed Forces. of any offsets that might be applicable to conduct of a pilot program established under (2) Within 180 days of a determination that this subsection— such benefits. the member— (C) Information on other programs avail- (A) shall be at the discretion of the Presi- (A) has incurred a service-connected dis- dential designee; and able to members of the Armed Forces gen- ability; and erally, such as access to morale, welfare, and (B) shall not conflict with or substitute for (B) is unfit to perform the duties of the existing laws, regulations, or procedures recreation (MWR) facilities, child care, and member’s office, grade, rank, or rating be- education tuition assistance, and the esti- with respect to the participation of absent cause of such disability. uniformed services voters and military vot- mated value, if ascertainable, of the avail- (3) Upon the discharge, separation, retire- ability of such programs in the area where ers in elections for Federal office. ment, or release of the member from the (c) CONSIDERATIONS.—In conducting a pilot the member is stationed or resides. Armed Forces. program established under subsection (b), (e) OTHER OUTREACH.— (c) COVERED BENEFITS.—The benefits on the Presidential designee may consider the (1) IN GENERAL.—The Secretaries of the which a member of the Armed Forces and following issues: military departments shall, on a periodic family members shall be provided com- (1) The transmission of electronic voting basis, conduct outreach on the pay, benefits, prehensive information under this section material across military networks. and programs and services available to mem- shall be as follows: (2) Virtual private networks, cryptographic bers of the Armed Forces by reason of serv- (1) At all the times described in subsection voting systems, centrally controlled voting ice in the Armed Forces. The outreach shall (b), the benefits shall include the following: stations, and other information security be conducted pursuant to public service an- (A) Financial compensation, including fi- nouncements, publications, and such other techniques. nancial counseling. announcements through general media as (3) The transmission of ballot representa- (B) Health care and life insurance pro- will serve to disseminate the information tions and scanned pictures in a secure man- grams for members of the Armed Forces and broadly among the general public. ner. their families. (2) INTERNET OUTREACH WEBSITE.— (4) Capturing, retaining, and comparing (C) Death benefits. (A) IN GENERAL.—The Secretary of Defense electronic and physical ballot representa- (D) Entitlements and survivor benefits for shall establish an Internet website for the tions. dependents of the Armed Forces, including purpose of providing the comprehensive in- (5) Utilization of voting stations at mili- offsets in the receipt of such benefits under formation about the benefits and offsets de- tary bases. the Survivor Benefit Plan and in connection scribed in subsection (c) to members of the (6) Document delivery and upload systems. with the receipt of dependency and indem- Armed Forces and their families. (7) The functional effectiveness of the ap- nity compensation. (B) CONTACT INFORMATION.—The Internet plication or adoption of the pilot program to (E) Educational assistance benefits, includ- website required by subparagraph (A) shall operational environments, taking into ac- ing limitations on and the transferability of provide contact information, both telephone count environmental and logistical obstacles such assistance. and e-mail, that a member of the Armed and State procedures. (F) Housing assistance benefits, including Forces and a family member of the member (d) REPORTS.—The Presidential designee counseling. shall submit to Congress reports on the can use to get personalized information (G) Relocation planning and preparation. progress and outcomes of any pilot program about the benefits and offsets described in (H) Such other benefits as the Secretary conducted under this subsection, together subsection (c). concerned considers appropriate. (f) REPORTS.— with recommendations— (2) At the time described in paragraph (1) (1) INITIAL REPORT.—Not later than one (1) for the conduct of additional pilot proof such subsection, the benefits shall include year after the date of the enactment of this grams under this section; and the following: Act, the Secretary of Defense shall submit to (2) for such legislation and administrative (A) Maintaining military records. the congressional defense committees a reaction as the Presidential designee deter- (B) Legal assistance. port on the implementation of the require- mines appropriate. (C) Quality of life programs. ments of this section by the Department of (e) AUTHORIZATION OF APPROPRIATIONS.— (D) Family and community programs. Defense. Such report shall include a descrip- There are authorized to be appropriated such (E) Such other benefits as the Secretary tion of the quality and scope of available on- sums as are necessary to carry out this sec- concerned considers appropriate. line resources that provide information tion. (3) At the times described in paragraphs (2) about benefits for members of the Armed SA 1726. Mr. NELSON of Florida sub- and (3) of such subsection, the benefits shall Forces and their families. (2) ANNUAL REPORT.—Each year after submitted an amendment intended to be include the following: (A) Employment assistance. mitting the report required by paragraph (1), proposed by him to the bill S. 1390, to (B) Continuing Reserve Component service. the Secretary of Defense shall submit to the authorize appropriations for fiscal year (C) Disability benefits, including offsets in congressional defense committees a report 2010 for military activities of the De- connection with the receipt of such benefits. that sets forth the number of individuals partment of Defense, for military con- (D) Benefits and services provided under that received a briefing under this section in struction, and for defense activities of laws administered by the Secretary of Vet- the previous year disaggregated by the fol- the Department of Energy, to prescribe erans Affairs. lowing: military personnel strengths for such (E) Such other benefits as the Secretary (A) Whether the individual is a member of the Armed Forces or a family member of a fiscal year, and for other purposes; concerned considers appropriate. (d) ANNUAL NOTICE TO MEMBERS OF THE member of the Armed Forces. which was ordered to lie on the table; ARMED FORCES ON THE VALUE OF PAY AND (B) The Armed Force of the members. as follows: BENEFITS.— (C) The State or territory in which the At the end of subtitle G of title V, add the (1) ANNUAL NOTICE REQUIRED.—The Sec- briefing occurred. following: retary of each military department shall (D) The subject of the briefing.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7921 SA 1727. Mr. DEMINT (for himself (A) relationships between Manuel Zelaya, fined in section 1072(5) of title 10, United and Mrs. SHAHEEN) submitted an or any member of his family, and drug car- States Code) at the time the individual is en- amendment intended to be proposed by tels; or titled to part A of title XVIII of the Social him to the bill S. 1390, to authorize ap- (B) involvement by Manuel Zelaya or any Security Act under section 226(b) or section member of his family in drug trafficking ac- 226A of such Act (42 U.S.C. 426(b) and 426–1) propriations for fiscal year 2010 for tivities. and who is eligible to enroll but who has military activities of the Department (4) Any support provided by the Govern- elected not to enroll (or to be deemed en- of Defense, for military construction, ment of Venezuela or the Government of rolled) during the individual’s initial enroll- and for defense activities of the De- Nicaragua to Manuel Zelaya in his efforts to ment period under part B of such title.’’. partment of Energy, to prescribe mili- change the Constitution of Honduras. tary personnel strengths for such fiscal (5) Any material or financial support pro- SA 1730. Mrs. GILLIBRAND sub- year, and for other purposes; which was vided by the Government of Venezuela or the mitted an amendment intended to be proposed by her to the bill S. 1390, to ordered to lie on the table; as follows: Government of Nicaragua to Manuel Zelaya after his removal from office on June 28, authorize appropriations for fiscal year On page 549, strike line 9 and all that fol- 2009, including the use of aircraft to support lows through ‘‘any comments resulting’’ on 2010 for military activities of the De- Manuel Zelaya or funding of organizers sup- line 16 and insert the following: ‘‘congres- partment of Defense, for military con- porting Manuel Zelaya or protestors in Hon- sional defense committees and the Com- struction, and for defense activities of duras. mittee on Foreign relations of the Senate the Department of Energy, to prescribe (b) FORM.—The report required by sub- and the Committee on Foreign Affairs of the military personnel strengths for such section (a) shall be submitted in unclassified House of Representatives a report on the sta- form, but may contain a classified annex. fiscal year, and for other purposes; tus of overseas base closure and realignment (c) CONGRESSIONAL COMMITTEES SPECI- which was ordered to lie on the table; actions undertaken as part of a global de- FIED.—The congressional committees speci- as follows: fense posture realignment strategy and the fied in this subsection are the following: At the end of subtitle B of title I, add the status of development and execution of com- following: prehensive master plans for overseas mili- (1) The congressional defense committees. tary main operating bases, forward operating (2) The Committee on Foreign Relations of SEC. 115. COMPETITIVE BIDDING FOR PROCURE- the Senate and the Committee on Foreign MENT OF STEAM TURBINES FOR sites, and cooperative security locations. SHIPS SERVICE TURBINE GENERA- The report shall address the following: Affairs of the House of Representatives. (3) The Select Committee on Intelligence TORS AND MAIN PROPULSION TUR- (1) How the plans would support the secu- BINES FOR OHIO-CLASS SUBMARINE rity commitments undertaken by the United of the Senate and the Permanent Select REPLACEMENT PROGRAM. States pursuant to any international secu- Committee on Intelligence of the House of The Secretary of the Navy shall solicit rity treaty, including, the North Atlantic Representatives. competing bids for the procurement of steam Treaty, The Treaty of Mutual Cooperation turbines for the ships service turbine genera- and Security between the United States and SA 1729. Mr. BAUCUS (for himself tors and main propulsion turbines for the Japan, and the Security Treaty Between and Mr. TESTER) submitted an amend- Ohio-class submarine replacement program. Australia, New Zealand, and the United ment intended to be proposed by him States of America. to the bill S. 1390, to authorize appro- SA 1731. Mr. FEINGOLD (for himself (2) The impact of such plans on the current priations for fiscal year 2010 for mili- and Mr. WYDEN) submitted an amend- security environments in the combatant tary activities of the Department of ment intended to be proposed by him commands, including United States partici- Defense, for military construction, and to the bill S. 1390, to authorize appro- pation in theater security cooperation ac- for defense activities of the Depart- priations for fiscal year 2010 for mili- tivities and bilateral partnership, exchanges, tary activities of the Department of and training exercises. ment of Energy, to prescribe military personnel strengths for such fiscal Defense, for military construction, and (3) Any comments of the Secretary of De- for defense activities of the Depart- fense resulting year, and for other purposes; which was ordered to lie on the table; as follows: ment of Energy, to prescribe military personnel strengths for such fiscal SA 1728. Mr. DEMINT submitted an On page 213, between lines 14 and 15, insert amendment intended to be proposed by the following: year, and for other purposes; which was ordered to lie on the table; as follows: him to the bill S. 1390, to authorize ap- SEC. 706. NOTIFICATION OF CERTAIN INDIVID- propriations for fiscal year 2010 for UALS REGARDING OPTIONS FOR EN- At the end of section 835, add the fol- military activities of the Department ROLLMENT UNDER MEDICARE PART lowing: of Defense, for military construction, B. (d) PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN PITS.— and for defense activities of the De- Chapter 55 of title 10, United States Code, is amended by adding at the end the fol- (1) IN GENERAL.—Except as provided in partment of Energy, to prescribe mili- lowing new section: paragraph (2) and beginning 180 days after tary personnel strengths for such fiscal ‘‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVID- the date of the enactment of this Act, the year, and for other purposes; which was UALS REGARDING OPTIONS FOR EN- Secretary of Defense shall prohibit the dis- ordered to lie on the table; as follows: ROLLMENT UNDER MEDICARE PART posal of covered waste in an open-air burn At the end of subtitle B of title XII, add B. pit during a contingency operation— the following: ‘‘(a) IN GENERAL.—The Secretary of De- (A) lasting longer than one year; and SEC. 1222. REPORT ON THE RELATIONSHIPS OF fense shall establish procedures for identi- (B) relating to Operation Iraqi Freedom or THE GOVERNMENTS OF VENEZUELA fying individuals described in subsection (b). Operation Enduring Freedom. AND NICARAGUA WITH THE FORMER The Secretary of Defense shall immediately (2) EXEMPTION.—The Secretary of Defense PRESIDENT OF HONDURAS. notify individuals identified under the pre- may waive the prohibition required by para- (a) IN GENERAL.—Not later than 30 days ceding sentence that they are no longer eli- graph (1) with respect to a location during a after the date of the enactment of this Act, gible for health care benefits under the contingency operation described in para- the Director of National Intelligence shall TRICARE program under chapter 55 of title graph (1) if— submit to the congressional committees 10, United States Code, and of any options (A) the Secretary determines under para- specified in subsection (c) a detailed report available for enrollment of the individual graph (3)(B)(ii) that no alternative method of addressing the following: under part B of title XVIII of the Social Se- disposal of covered waste is feasible at such (1) Any cooperative agreements or rela- curity Act (42 U.S.C. 1395j et seq.). Such noti- location during such operation; tionships between the Governments of Ven- fication shall include a written form which (B) not later than 15 days after issuing ezuela and Nicaragua and Honduras estab- the individual may sign and return to the such waiver, the Secretary submits to the lished during the tenure of the former Presi- Secretary of Health and Human Services. congressional defense committees a notifica- dent of Honduras, Manuel Zelaya. The signed written form of an individual tion of such waiver, including— (2) Any personal, professional, or diplo- shall be deemed sufficient evidence of the (i) a description of all safety measures that matic relationships, including financial eligibility of the individual for any such op- will be carried out at the location during the transactions, business associations, and il- tions available for such individuals as a re- operation to protect the health of members licit activities, between Manuel Zelaya and— sult of their being an individual described in of the Armed Forces; (A) the President of Venezuela, Hugo Cha- subsection (b). The Secretary of Defense (ii) a description of any additional re- vez; shall consult with the Secretary of Health sources the Secretary requires to eliminate (B) the President of Nicaragua, Daniel Or- and Human Services to accurately identify the use of open-air burn pits at such location tega; and notify individuals described in sub- during such operation; and (C) the President of Cuba, Raul Castro; or section (b) under this subsection. (iii) a detailed discussion explaining why (D) the former President of Cuba, Fidel ‘‘(b) INDIVIDUALS DESCRIBED.—An indi- open-air burn pits are the only feasible Castro. vidual described in this subsection is an indi- method of disposing of waste at such loca- (3) Any evidence of— vidual who is a covered beneficiary (as de- tion during such operation; and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7922 CONGRESSIONAL RECORD — SENATE July 22, 2009 (C) such waiver is certified by the Comp- ‘‘(8) assess the adequacy of the resources ‘‘(2) A summary of operations. troller General of the United States. planned and programmed by the Department ‘‘(3) The type of recipients that received (3) REPORT.—Not later than 180 days after of Defense to ensure the preparedness and ca- support, identified by authorized category the date of the enactment of this Act, the pability of dedicated, special, and general (foreign forces, irregular forces, groups, or Secretary shall submit to the congressional purpose forces for conducting operations de- individuals). defense committees a report on the use of scribed in paragraph (1);’’. ‘‘(4) The total amount obligated in the pre- open-air burn pits in contingency operations. vious fiscal year, including budget details. The report shall include— SA 1733. Mr. FEINGOLD submitted ‘‘(5) The total amount obligated in prior (A) a description of each type of waste an amendment intended to be proposed fiscal years. burned in such open-air burn pits; and by him to the bill S. 1390, to authorize ‘‘(6) The intended duration of support. (B) a discussion of the feasibility of alter- appropriations for fiscal year 2010 for ‘‘(7) A description of support or training native methods of disposing of covered military activities of the Department provided to the recipients of support. waste, including— ‘‘(8) A value assessment of the operational (i) a plan to use such alternative methods; of Defense, for military construction, support provided.’’; and or and for defense activities of the De- (4) by adding at the end the following new (ii) if the Secretary determines that no partment of Energy, to prescribe mili- subsection: such alternative method is feasible, a de- tary personnel strengths for such fiscal ‘‘(i) CONGRESSIONAL COMMITTEES SPECI- tailed discussion explaining why open-air year, and for other purposes; which was FIED.—The congressional committees speci- burn pits are the only feasible method of dis- ordered to lie on the table; as follows: fied in this subsection are the following: posing of such waste. ‘‘(1) The congressional defense committees. Strike section 1204 and insert the fol- (4) DEFINITIONS.—In this subsection: ‘‘(2) The Committee on Foreign Relations lowing: (A) CONTINGENCY OPERATION.—The term of the Senate and the Committee on Foreign ‘‘contingency operation’’ has the meaning SEC. 1204. MODIFICATION OF NOTIFICATION AND Affairs of the House of Representatives. given that term by section 101(a) of title 10, REPORTING REQUIREMENTS FOR USE OF AUTHORITY FOR SUPPORT ‘‘(3) The Select Committee on Intelligence United States Code. OF SPECIAL OPERATIONS TO COM- of the Senate and the Permanent Select (B) COVERED WASTE.—The term ‘‘covered BAT TERRORISM. Committee on Intelligence of the House of waste’’ includes the following: Section 1208 of the Ronald W. Reagan Na- Representatives.’’. (i) Hazardous waste, as defined by section tional Defense Authorization Act for Fiscal 1004(5) of the Solid Waste Disposal Act (42 Year 2005 (Public Law 108–375; 118 Stat. 2086), SA 1734. Mr. BURRIS submitted an U.S.C. 6903(5)). as amended by section 1208(b) of the Duncan amendment intended to be proposed by (ii) Medical waste. Hunter National Defense Authorization Act him to the bill S. 1390, to authorize ap- (iii) Solid waste containing plastic. for Fiscal Year 2009 (Public Law 110–417; 122 (iv) Automotive and marine batteries. propriations for fiscal year 2010 for Stat. 4626), is further amended— military activities of the Department (v) Pesticides. (1) in subsection (b), by striking ‘‘congres- (vi) Explosives. sional defense committees’’ and inserting of Defense, for military construction, (vii) Automotive oils. ‘‘congressional committees specified in sub- and for defense activities of the De- (viii) Fuels and fluids. section (i)’’; partment of Energy, to prescribe mili- (ix) Compressed gas containers. (2) by striking subsection (c) and inserting tary personnel strengths for such fiscal (x) Materials containing asbestos. the following new subsection (c): year, and for other purposes; which was (xi) Electrical equipment. ‘‘(c) NOTIFICATION.— ordered to lie on the table; as follows: (xii) Solvents. ‘‘(1) SUPPORT FOR FOREIGN FORCES.—The At the appropriate place, insert the fol- (xiii) Paint thinners and strippers. Secretary of Defense shall notify the con- lowing: (xiv) Rubber. gressional committees specified in sub- (xv) Preserved (treated) wood. section (i) expeditiously, and in any event SEC. lll. PROTECTION OF CULTURAL PROP- (xvi) Unexploded ordnance. not later than 48 hours, after— ERTY. (C) MEDICAL WASTE.—The term ‘‘medical ‘‘(A) using the authority provided in sub- (a) AMENDMENT TO TITLE 28.—Section 1611 waste’’ means any solid waste generated in section (a) to make funds available for for- of title 28, United States Code, is amended by the diagnosis, treatment, or immunization of eign forces in support of an approved mili- inserting at the end the following: human beings or animals, in research per- tary operation; or ‘‘(d)(1) Notwithstanding any other provi- taining thereto, or in the production of test- ‘‘(B) changing the scope or funding level of sion of law, including section 1610 of this ing of biologicals. any such support. title or section 201 of the Terrorism Risk In- ‘‘(2) SUPPORT FOR IRREGULAR FORCES, surance Act of 2002 (Pub. L. No. 107-297; 116 SA 1732. Mr. FEINGOLD submitted GROUPS, OR INDIVIDUALS.—The Secretary of Stat. 2337), the property of a foreign state or an amendment intended to be proposed Defense may not exercise the authority proof an agency or instrumentality of a foreign by him to the bill S. 1390, to authorize vided in subsection (a) to make funds avail- state shall be immune from attachment and appropriations for fiscal year 2010 for able for irregular forces or a group (other from execution if— military activities of the Department than foreign forces) or individual in support ‘‘(A) the property is cultural property, as of Defense, for military construction, of an approved military operation, or change defined in section 302(6) of the Convention on Cultural Property Implementation Act (19 and for defense activities of the De- the scope or funding level of such support, until 72 hours after notifying the congres- U.S.C. 2601(6)); partment of Energy, to prescribe mili- sional committees specified in subsection (i) ‘‘(B) the property first came into the tary personnel strengths for such fiscal of the use of such authority with respect to United States before January 12, 1983 (the year, and for other purposes; which was that operation or such change in scope or date of enactment of the Convention on Cul- ordered to lie on the table; as follows: funding level. tural Property Implementation Act, Pub. L. At the end of subtitle F of title X, insert ‘‘(3) CONTENT.—Notifications required No. 97-446); and the following: under this subsection shall include the fol- ‘‘(C) the property is in the possession, cus- lowing information: tody, or control of any United States organi- SEC. 1059. ADDITIONAL DUTY FOR ADVISORY zation exempt from taxation under section PANEL ON DEPARTMENT OF DE- ‘‘(A) The type of support provided or to be FENSE CAPABILITIES FOR SUPPORT provided to United States special operations 501(c)(3) of the Internal Revenue Code of 1986 OF CIVIL AUTHORITIES AFTER CER- forces. or of any United States educational institu- TAIN INCIDENTS. ‘‘(B) The type of support provided or to be tion, as defined in section 101(a) of the High- Section 1082(d) of the National Defense Au- provided to the recipient of the funds. er Education Act of 1965. thorization Act for Fiscal Year 2008 (Public ‘‘(C) The intended duration of the support. ‘‘(2) In any proceeding involving the at- Law 110–181; 122 Stat. 337) is amended by— ‘‘(D) The amount obligated under the au- tachment or execution of property alleged to (1) redesignating paragraphs (7) and (8) as thority to provide support.’’; be property of a foreign state or of any agen- paragraphs (9) and (10), respectively; (3) by striking subsection (f) and inserting cy or instrumentality of a foreign state, the (2) in paragraph (4), by striking ‘‘other de- the following new subsection (f): immunity of the property from attachment partment’’ and inserting ‘‘other depart- ‘‘(f) ANNUAL REPORT.—Not later than 30 or execution may be raised by any party that ments’’; and days after the close of each fiscal year dur- has or claims ownership, possession, custody, (3) by inserting after paragraph (6) the fol- ing which subsection (a) is in effect, the Sec- or control over such property, whether or lowing new paragraphs: retary of Defense shall submit to the con- not the foreign state or agency or instru- ‘‘(7) assess the adequacy of the process and gressional committees specified in sub- mentality of a foreign state to which the methodology by which the Department of section (i) a report on support provided property allegedly belongs appears or asserts Defense establishes, maintains, and re- under that subsection during that fiscal a claim of immunity. sources dedicated, special, and general pur- year. Each such report shall include the fol- ‘‘(3) The immunity of property under this pose forces for conducting operations de- lowing information: subsection from attachment and execution scribed in paragraph (1); ‘‘(1) A description of supported operations. shall be broadly construed.’’.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7923 (b) AMENDMENT TO TERRORISM RISK INSUR- (C) Resources needed to establish such a other purposes; which was ordered to ANCE ACT.—Section 201(d)(2)(B) of the Ter- port. lie on the table; as follows: rorism Risk Insurance Act of 2002 (P.L. 107– (D) The time frame needed to establish 297; 28 U.S.C. 1610 note) is amended— such a port. At the appropriate place, insert the fol- (1) in clause (i), by striking ‘‘or’’ after the (E) The infrastructure required to support lowing: semicolon; such a port. SEC. ll. ANNUAL COUNTERTERRORISM STATUS (2) in clause (ii), by striking the period and (F) Any other issues the Secretary deter- REPORTS. inserting ‘‘; or’’; and mines necessary to complete the study. (3) by inserting at the end the following: (b) REPORT.—Not later than one year after (a) SHORT TITLE.—This section may be ‘‘(iii)(I) is cultural property, as defined in the date of the enactment of this Act, the cited as the ‘‘Success in Countering Al Qaeda section 302(6) of the Convention on Cultural Secretary of Defense shall submit to the con- Reporting Requirements Act of 2009’’. Property Implementation Act (19 U.S.C. gressional defense committees a report on (b) ANNUAL COUNTERTERRORISM STATUS RE- 2601(6)); the findings of the study conducted under PORTS.— ‘‘(II) first came into the United States be- subsection (a). (1) IN GENERAL.—Not later than July 31, fore January 12, 1983 (the date of enactment 2010, and every July 31 thereafter, the Presi- of the Convention on Cultural Property Im- SA 1737. Mr. CORNYN submitted an dent shall submit a report, to the Committee plementation Act (P. L. 97-446); and amendment intended to be proposed by on Foreign Relations of the Senate, the Com- ‘‘(III) is in the possession, custody, or con- him to the bill S. 1390, to authorize ap- mittee on Foreign Affairs of the House of trol of any United States organization ex- propriations for fiscal year 2010 for Representatives, the Committee on Armed empt from taxation under section 501(c)(3) of military activities of the Department Services of the Senate, the Committee on the Internal Revenue Code of 1986 or of any of Defense, for military construction, Armed Services of the House of Representa- United States educational institution, as de- tives, the Committee on Appropriations of fined in section 101(a) of the Higher Edu- and for defense activities of the De- partment of Energy, to prescribe mili- the Senate, the Committee on Appropria- cation Act of 1965.’’. tions of the House of Representatives, the (c) EFFECTIVE DATE.—The amendments tary personnel strengths for such fiscal Select Committee on Intelligence of the Sen- made by this section shall take effect on the year, and for other purposes; which was ate, and the Permanent Select Committee on date of the enactment of this Act, and shall ordered to lie on the table; as follows: Intelligence of the House of Representatives, apply to any proceeding pending on or after At the end of subtitle B of title XII, add which contains, for the most recent 12- the date of the enactment of this Act. the following: month period, a review of the counterter- SEC. 1222. REPORT ON UNIQUE REQUIREMENTS rorism strategy of the United States Govern- SA 1735. Mr. BROWNBACK submitted FOR UNMANNED AIRCRAFT SYS- ment, including— an amendment intended to be proposed TEMS IN AFGHANISTAN. (A) a detailed assessment of the scope, sta- by him to the bill S. 1390, to authorize (a) IN GENERAL.—Not later than 120 days tus, and progress of United States counter- appropriations for fiscal year 2010 for after the date of the enactment of this Act, terrorism efforts in fighting Al Qaeda and its military activities of the Department the Secretary of Defense shall submit to the related affiliates and undermining long-term of Defense, for military construction, congressional defense committees a report support for violent extremism; and for defense activities of the De- on whether the Unmanned Aircraft Systems (B) a judgment on the geographical region currently in use by United States Armed in which Al Qaeda and its related affiliates partment of Energy, to prescribe mili- Forces in the Afghanistan theater of oper- pose the greatest threat to the national se- tary personnel strengths for such fiscal ations are fully meeting current operational curity of the United States; year, and for other purposes; which was and tactical requirements. (C) a judgment on the adequacy of inter- ordered to lie on the table; as follows: (b) CONTENT.—The report required by sub- agency integration of the counterterrorism On page 435, between lines 14 and 15, insert section (a) shall include the following: programs and activities of the Department of the following: (1) An inventory and explanation of any Defense, the United States Special Oper- unique physical and environmental condi- ations Command, the Central Intelligence SEC. 1083. SENSE OF CONGRESS ON MANNED AIR- BORNE IRREGULAR WARFARE PLAT- tions of the Afghanistan theater of oper- Agency, the Department of State, the De- FORMS. ations that may adversely affect Unmanned partment of the Treasury, the Department of It is the sense of Congress that the Sec- Aircraft Systems operations in Afghanistan, Homeland Security, the Department of Jus- retary of Defense should, with regard to the including terrain and weather. tice, and other Federal departments and development of manned airborne irregular (2) An assessment of the impact of the con- agencies; warfare platforms, coordinate requirements ditions referred to in paragraph (1) on the op- (D) an evaluation of the extent to which for such weapons systems with the military eration of Unmanned Aircraft Systems by the counterterrorism efforts of the United services, including the reserve components. United States Armed Forces in Afghanistan. States correspond to the plans developed by (3) A summary of the current Unmanned the National Counterterrorism Center and SA 1736. Ms. MURKOWSKI (for her- Aircraft Systems requirements for United the goals established in overarching public States Armed Forces in Afghanistan at the self and Mr. BEGICH) submitted an statements of strategy issued by the execu- tactical and operational level. amendment intended to be proposed by tive branch; (4) An assessment of the ability of current (E) a determination of whether the Na- her to the bill S. 1390, to authorize ap- and planned Joint Unmanned Aircraft Sys- tional Counterterrorism Center exercises the propriations for fiscal year 2010 for tems category Group 1 and Group 2 vehicles authority and has the resources and exper- military activities of the Department to fully meet these requirements, based at tise required to fulfill the interagency stra- of Defense, for military construction, least in part on after-action reviews of mili- tegic and operational planning role described and for defense activities of the De- tary operations in Afghanistan in which the in section 119(j) of the National Security Act partment of Energy, to prescribe mili- Unmanned Aircraft Systems were employed. of 1947 (50 U.S.C. 404o), as added by section tary personnel strengths for such fiscal (5) A specific determination as to whether 1012 of the National Security Intelligence those Unmanned Aircraft Systems currently year, and for other purposes; which was Reform Act of 2004 (title I of Public Law 108– in use are fully meeting the Unmanned Air- 458); ordered to lie on the table; as follows: craft Systems requirements for company- (F) a description of the efforts of the On page 429, between lines 8 and 9, insert sized and smaller units operating at loca- United States Government to combat Al the following: tions separate and independent from their Qaeda and its related affiliates and under- SEC. 1073. REPORT ON ESTABLISHMENT OF ARC- headquarters. mine violent extremist ideology, which shall TIC DEEP WATER PORT. (6) An assessment of the ability of the cur- include— (a) STUDY.— rent Group 1 Unmanned Aircraft Systems to (i) a specific list of the President’s highest (1) IN GENERAL.—The Secretary of Defense, perform required missions within the areas global counterterrorism priorities; in consultation with the Commandant of the of operation described in paragraph (5). (ii) the degree of success achieved by the Coast Guard, shall conduct a study on the United States, and remaining areas for feasibility and potential of establishing a SA 1738. Mr. CASEY (for himself and progress, in meeting the priorities described deep water sea port in the Arctic to protect Mr. BAYH) submitted an amendment in- in clause (i); and and advance strategic United States inter- tended to be proposed by him to the (iii) efforts in those countries in which the ests within the evolving and ever more im- bill S. 1390, to authorize appropriations President determines that— portant Arctic region. for fiscal year 2010 for military activi- (I) Al Qaeda and its related affiliates have (2) SCOPE.—The study required under para- ties of the Department of Defense, for a presence; or graph (1) shall address the following issues: (II) acts of international terrorism have (A) The capability that such a port would military construction, and for defense been perpetrated by Al Qaeda and its related provide. activities of the Department of Energy, affiliates; (B) Potential and optimum locations for to prescribe military personnel (G) a specific list of United States counter- such a port. strengths for such fiscal year, and for terrorism efforts, and the specific status and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7924 CONGRESSIONAL RECORD — SENATE July 22, 2009 achievements of such efforts, through mili- priations for fiscal year 2010 for mili- 8412(d)(3) shall be separated from service on tary, financial, political, intelligence, para- tary activities of the Department of the last day of the month in which that em- military, and law enforcement elements, re- Defense, for military construction, and ployee becomes 57 years of age’’ before the lating to— for defense activities of the Depart- period; (i) bilateral security and training pro- (2) in subsection (c), in the first sentence, grams; ment of Energy, to prescribe military by inserting ‘‘, except that a member of the (ii) law enforcement and border security; personnel strengths for such fiscal Capitol Police eligible for retirement under (iii) the disruption of terrorist networks; year, and for other purposes; which was 8412(d)(3) shall be separated from service on and ordered to lie on the table; as follows: the last day of the month in which that em- (iv) the denial of terrorist safe havens and At the end of subtitle H of title X, add the ployee becomes 57 years of age’’ before the sanctuaries; following: period; and (H) a description of United States Govern- SEC. 1083. FEDERAL EMPLOYEES RETIREMENT (3) in subsection (d), in the first sentence, ment activities to counter terrorist recruit- SYSTEM AGE AND RETIREMENT by inserting ‘‘, except that a member of the ment and radicalization, including— TREATMENT FOR CERTAIN RETIR- Supreme Court Police eligible for retirement (i) strategic communications; EES OF THE ARMED FORCES. under 8412(d)(3) shall be separated from serv- (ii) public diplomacy; (a) INCREASE IN MAXIMUM AGE LIMIT FOR ice on the last day of the month in which (iii) support for economic development and POSITIONS SUBJECT TO FERS.— that employee becomes 57 years of age’’ be- political reform; and (1) LAW ENFORCEMENT OFFICERS AND FIRE- fore the period. (iv) other efforts aimed at influencing pub- FIGHTERS.—Section 3307(e) of title 5, United (d) COMPUTATION OF BASIC ANNUITY.—Sec- lic opinion; States Code, is amended— tion 8415(d) of title 5, United States Code, is (I) United States Government initiatives (A) by striking ‘‘(e) The’’ and inserting amended— to eliminate direct and indirect inter- ‘‘(e)(1) Except as provided in paragraph (2), (1) in paragraph (1), by striking ‘‘total national financial support for the activities the’’; and service as’’ and inserting ‘‘civilian service as of terrorist groups; (B) by adding at the end the following: a law enforcement officer, member of the (J) a cross-cutting analysis of the budgets ‘‘(2) The maximum age limit for an origi- Capitol Police or Supreme Court Police, fire- of all Federal Government agencies as they nal appointment to a position as a firefighter fighter, nuclear materials courier, customs relate to counterterrorism funding to battle or law enforcement officer (as defined by sec- and border protection officer, or air traffic Al Qaeda and its related affiliates abroad, in- tion 8401(14) or (17), respectively) shall be 47 controller that, in the aggregate,’’; and years of age, in the case of an individual who cluding— (2) in paragraph (2), by striking ‘‘so much on the effective date of such appointment is (i) the source of such funds; and of such individual’s total service as exceeds eligible to receive retired pay or retainer pay (ii) the allocation and use of such funds; 20 years’’ and inserting ‘‘the remainder of for military service, or pension or compensa- (K) an analysis of the extent to which spe- such individual’s total service’’. tion from the Department of Veterans Af- cific Federal appropriations— (e) EFFECTIVE DATE.—This section (includ- fairs instead of such retired or retainer (i) have produced tangible, calculable re- ing the amendments made by this section) pay.’’. sults in efforts to combat and defeat Al shall take effect 60 days after the date of the (2) OTHER POSITIONS.—The maximum age Qaeda, its related affiliates, and its violent enactment of this Act and shall apply to ap- limit for an original appointment to a posi- ideology; or pointments made on or after that effective tion as a member of the Capitol Police or Su- (ii) contribute to investments that have date. preme Court Police, nuclear materials cou- expected payoffs in the medium- to long- rier (as defined under section 8401(33) of title SA 1740. Mr. HATCH (for himself and term; 5, United States Code), or customs and bor- (L) statistical assessments, including those Mr. BENNETT) submitted an amend- der protection officer (as defined in section developed by the National Counterterrorism ment intended to be proposed by him 8401(36) of title 5, United States Code) shall Center, on the number of individuals belong- to the bill S. 1390, to authorize appro- be 47 years of age, in the case of an indi- ing to Al Qaeda and its related affiliates that priations for fiscal year 2010 for mili- vidual who on the effective date of such ap- have been killed, injured, or taken into cus- tary activities of the Department of pointment is eligible to receive retired pay tody as a result of United States counterter- or retainer pay for military service, or pen- Defense, for military construction, and rorism efforts; and sion or compensation from the Department for defense activities of the Depart- (M) a concise summary of the methods of Veterans Affairs instead of such retired or ment of Energy, to prescribe military used by National Counterterrorism Center retainer pay. personnel strengths for such fiscal and other elements of the United States Gov- (b) ELIGIBILITY FOR ANNUITY.—Section year, and for other purposes; which was ernment to assess and evaluate progress in 8412(d) of title 5, United States Code, is ordered to lie on the table; as follows: its overall counterterrorism efforts, includ- amended— ing the use of specific measures, metrics, and On page 435, between lines 14 and 15, insert (1) in paragraph (1), by striking ‘‘or’’ at the the following: indices. end; SEC. 1083. PLAN FOR SUSTAINMENT OF LAND- (2) INTERAGENCY COOPERATION.—In pre- (2) in paragraph (2), by adding ‘‘or’’ at the paring a report under this subsection, the BASED SOLID ROCKET MOTOR IN- end; and DUSTRIAL BASE. President shall include relevant information (3) by inserting after paragraph (2) the fol- (a) IN GENERAL.—The Secretary of Defense maintained by— lowing: shall review and establish a plan to sustain (A) the National Counterterrorism Center ‘‘(3) after becoming 57 years of age and the solid rocket motor industrial base, in- and the National Counterproliferation Cen- completing 10 years of service as a law en- cluding the ability to maintain and sustain ter; forcement officer, member of the Capitol Po- currently deployed strategic and missile de- (B) Department of Justice, including the lice or Supreme Court Police, firefighter, nu- fense systems and to maintain an intellec- Federal Bureau of Investigation; clear materials courier, customs or border tual and engineering capacity to support (C) the Department of State; protection officer, or any combination of next generation rocket motors, as needed. (D) the Department of Defense; such service totaling 10 years, if such em- (b) SUBMISSION OF PLAN.—Not later than (E) the Department of Homeland Security; ployee— March 1, 2010, the Secretary of Defense shall (F) the Department of the Treasury; ‘‘(A) is originally appointed to a position submit to the congressional defense commit- (G) the Office of the Director of National as a law enforcement officer, member of the tees the plan required under subsection (a), Intelligence, Capitol Police or Supreme Court Police, fire- together with an explanation of how fiscal (H) the Central Intelligence Agency; fighter, nuclear materials courier, or cus- year 2010 funds will be used to sustain and (I) the Office of Management and Budget; toms and border protection officer on or support the plan and a description of the (J) the United States Agency for Inter- after the effective date of this paragraph funding in the future years defense program national Development; and under section 2(e) of the Federal Employee plan to support the plan. (K) any other Federal department that Retirement Treatment Act for Military Re- maintains relevant information. tirees Act of 2009; and SA 1741. Mr. RISCH (for himself, Mr. (3) REPORT CLASSIFICATION.—Each report ‘‘(B) on the date that original appointment CRAPO, and Mr. BOND) submitted an required under this subsection shall be— met the requirements of section 3307(e)(2) of amendment intended to be proposed by (A) submitted in an unclassified form, to this title or section 2(a)(2) of the Federal him to the bill S. 1390, to authorize ap- the maximum extent practicable; and Employee Retirement Treatment Act for propriations for fiscal year 2010 for (B) accompanied by a classified appendix, Military Retirees Act of 2009.’’. as appropriate. military activities of the Department (c) MANDATORY SEPARATION.—Section 8425 of Defense, for military construction, of title 5, United States Code, is amended— SA 1739. Mr. HATCH (for himself, Mr. (1) in subsection (b)(1), in the first sen- and for defense activities of the De- WEBB, Mr. BENNETT, Mr. VOINOVICH, tence, by inserting ‘‘, except that a law en- partment of Energy, to prescribe mili- and Ms. COLLINS) submitted an amend- forcement officer, firefighter, nuclear mate- tary personnel strengths for such fiscal ment intended to be proposed by him rials courier, or customs and border protec- year, and for other purposes; which was to the bill S. 1390, to authorize appro- tion officer eligible for retirement under ordered to lie on the table; as follows:

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7925 At the end of subtitle E of title III, add the mits its report with respect to the 2009 QDR braska, and Mr. NELSON of Florida) following: under section 118(f)(2) of title 10, United submitted an amendment intended to SEC. 342. REPORT ON STATUS OF AIR NATIONAL States Code. be proposed by him to the bill S. 1390, GUARD AND AIR FORCE RESERVE. SA 1743. Mr. INHOFE submitted an to authorize appropriations for fiscal Not later than 180 days after the date of year 2010 for military activities of the the enactment of this Act, the Secretary of amendment intended to be proposed by Defense, in consultation with the Secretary him to the bill S. 1390, to authorize ap- Department of Defense, for military of the Air Force, the Chief of the National propriations for fiscal year 2010 for construction, and for defense activities Guard Bureau, the Director of the Air Na- military activities of the Department of the Department of Energy, to pre- tional Guard, the Chief of the Air Force Re- of Defense, for military construction, scribe military personnel strengths for such fiscal year, and for other pur- serve, and such other officials as the Sec- and for defense activities of the De- retary of Defense considers appropriate, poses; which was ordered to lie on the partment of Energy, to prescribe mili- shall submit to Congress a report on— table; as follows: tary personnel strengths for such fiscal (1) the status of the Air National Guard At the end of subtitle C of title II, add the and the Air Force Reserve; and year, and for other purposes; which was following: (2) the plans of the Department of Defense ordered to lie on the table; as follows: SEC. 245. SENSE OF SENATE ON AND RESERVA- to ensure that the Air National Guard and At the end of subtitle C of title XII, add TION OF FUNDS FOR DEVELOPMENT the Air Force Reserve remain ready to meet the following: AND DEPLOYMENT OF MISSILE DE- the requirements of the Air Force and the SEC. 1232. SENSE OF CONGRESS ON THE NAVAL FENSE SYSTEMS IN EUROPE. combatant commands and for homeland de- AFRICA PARTNERSHIP STATION. (a) FINDINGS.—The Senate makes the fol- fense. (a) FINDINGS.—Congress makes the following findings: lowing findings: (1) In the North Atlantic Treaty Organiza- SA 1742. Mr. THUNE submitted an (1) The United States recognized the need tion (NATO) Bucharest Summit Declaration amendment intended to be proposed by for improving maritime safety and security of April 3, 2008, the Heads of State and Gov- him to the bill S. 1390, to authorize ap- in West and Central Africa and the Gulf of ernment participating in the meeting of the propriations for fiscal year 2010 for Guinea by implementing the Naval Africa North Atlantic Council declared that Partnership Station. ‘‘[b]allistic missile proliferation poses an in- military activities of the Department creasing threat to Allies’ forces, territory of Defense, for military construction, (2) According to the International Mari- time Bureau, piracy around the world dou- and populations. Missile defence forms part and for defense activities of the De- bled in the first 6 months of 2009 as compared of a broader response to counter this threat. partment of Energy, to prescribe mili- to the first 6 months of 2008, to 114 from 240 We therefore recognize the substantial con- tary personnel strengths for such fiscal incidents. tribution to the protection of Allies from year, and for other purposes; which was (3) The rise in attacks is mainly due to pi- long-range ballistic missiles to be provided ordered to lie on the table; as follows: racy off the coast of the Horn of Africa, spe- by the planned deployment of European- cifically in the Gulf of Aden, with attacks based United States missile defence assets’’. At the end subtitle H of title X, add the (2) The Bucharest Summit Declaration also following: originating from Somalia doubling since 2007. stated that ‘‘[b]earing in mind the principle SEC. 1083. ADDITIONAL MEMBERS AND DUTIES of the indivisibility of Allied security as well FOR INDEPENDENT PANEL TO AS- (4) With more than 30,000 vessels transiting the Gulf of Aden each year, these attacks are as NATO solidarity, we task the Council in SESS THE QUADRENNIAL DEFENSE Permanent Session to develop options for a REVIEW. taking place in a vast area of more than 1,000,000 square nautical miles. comprehensive missile defence architecture (a) ADDITIONAL MEMBERS.— to extend coverage to all Allied territory and (1) IN GENERAL.—For purposes of con- (5) Instability and piracy from Somalia affects not only neighboring African countries populations not otherwise covered by the ducting the assessment of the 2009 quadren- United States system for review at our 2009 such as Ethiopia, Djibouti, and Kenya, but nial defense review under section 118 of title Summit, to inform any future political deci- also affects the international community 10, United States Code (in this subsection re- sion’’. due to the increased insecurity of the region ferred to as the ‘‘2009 QDR’’), the inde- (3) In the Bucharest Summit Declaration, and terrorizing ships in the highly transited pendent panel established under subsection the North Atlantic Council also reaffirmed Gulf of Aden. (f) of such section (in this section referred to to Russia that ‘‘current, as well as any fu- (6) African countries have become more as the ‘‘Panel’’) shall include four additional ture, NATO Missile Defence efforts are in- vulnerable as Al Qaeda has infiltrated into members to be appointed as follows: tended to better address the security chal- the Horn of Africa threatening the stability (A) One by the chairman of the Committee lenges we all face, and reiterate that, far on Armed Services of the House of Rep- in the region and fueling international ter- from posing a threat to our relationship, resentatives. rorist growth and activities. It has been re- they offer opportunities to deepen levels of (B) One by the chairman of the Committee ported that terrorists’ networks in Somalia, cooperation and stability’’. on Armed Services of the Senate. Eritrea, and the Ogaden region of Ethiopia (4) In the Strasbourg/Kehl Summit Dec- (C) One by the ranking member of the are working together and increasing their laration of April 4, 2009, the heads of state Committee on Armed Services of the House capability. and government participating in the meeting of Representatives. (7) The Naval Africa Partnership Station is of the North Atlantic Council reaffirmed (D) One by the ranking member of the working collaboratively with agencies and ‘‘the conclusions of the Bucharest Summit Committee on Armed Services of the Senate. organizations from Africa, the United about missile defense,’’ and declared that (2) PERIOD OF APPOINTMENT; VACANCIES.— States, and Europe to provide naval security ‘‘we judge that missile threats should be ad- Any vacancy in an appointment to the Panel for coastal nations in West and Central Afri- dressed in a prioritized manner that includes under paragraph (1) shall be filled in the ca and in the Gulf of Guinea. consideration of the level of imminence of same manner as the original appointment. (8) The Naval Africa Partnership Station the threat and the level of acceptable risk’’. (b) ADDITIONAL DUTIES OF PANEL FOR 2009 launched its first mission in November 2007. (5) Iran is rapidly developing its ballistic QDR.—In addition to the duties of the Panel Since that time, the Station has trained missile capabilities, including its inventory under section 118(f) of title 10, United States thousands of military personnel in security of short-range and medium-range ballistic Code, the Panel shall, with respect to the operation, search and rescue operations, law missiles that can strike portions of Eastern 2009 QDR— enforcement, medical skills, and maritime and Southern North Atlantic Treaty Organi- (1) conduct an independent assessment of a maintenance. zation European territory, as well as the variety of possible force structures of the (9) These programs have proved to be vital pursuit of long-range ballistic missiles that Armed Forces, including the force structure resources in aiding developing countries in could reach Europe or the United States. identified in the report of the 2009 QDR; and the professionalization of their militaries, (6) On July 8, 2008, the Government of the (2) made any recommendations it considers fighting terrorism, and providing resources United States and the Government of the appropriate for consideration. for emergency situations. Czech Republic signed an agreement to base (c) REPORT OF SECRETARY OF DEFENSE.— (b) SENSE OF CONGRESS.—It is the sense of a radar facility in the Czech Republic that is Not later than 30 days after the Panel sub- Congress that the United States should con- part of a proposed missile defense system to mits its report with respect to the 2009 QDR tinue to develop and support the Naval Afri- protect Europe and the United States under section 118(f)(2) of title 10, United ca Partnership Station by ensuring adequate against a potential future Iranian long-range States Code, the Secretary of Defense, after funding and resources to promote national ballistic missile threat. consultation with the Chairman of the Joint security interests of the United States and (7) On August 20, 2008, the United States Chiefs of Staff, shall submit to the congres- maritime safety and security in Africa. and the Republic of Poland signed an agree- sional defense committees any comments of ment concerning the deployment of ground- the Secretary on the report of the Panel. SA 1744. Mr. LIEBERMAN (for him- based ballistic missile defense interceptors (d) TERMINATION.—This provisions of this self, Mr. SESSIONS, Mr. INHOFE, Mr. in the territory of the Republic of Poland. section shall terminate on the day that is 45 VITTER, Mr. MARTINEZ, Mr. KYL, Mr. (8) Section 233 of the Duncan Hunter Na- days after the date on which the Panel sub- BEGICH, Mr. MCCAIN, Mr. NELSON of Ne- tional Defense Authorization Act for Fiscal

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7926 CONGRESSIONAL RECORD — SENATE July 22, 2009 Year 2009 (Public Law 110–417; 122 Stat. 4393; be available only for the purposes described may be, when such forces are engaged in a 10 U.S.C. 2431 note) establishes conditions for in paragraph (2). domestic operation, including emergency re- the availability of funds for procurement, (2) USE OF FUNDS.—The purposes described sponse, within such State or possession. construction, and deployment of the planned in this paragraph are the following: ‘‘(b) DISCHARGE THROUGH JOINT FORCE missile defense system in Europe, including (A) Research, development, test, and eval- HEADQUARTERS.—The policies and procedures that the host nations must ratify any mis- uation of— required under subsection (a) shall provide sile defense agreements with the United (i) the proposed midcourse radar element for the discharge of tactical control by the States and that the Secretary of Defense of the Ground-based Midcourse Defense sys- governor of a State or possession as de- must certify that the system has dem- tem in the Czech Republic; and scribed in that subsection through the Joint onstrated the ability to accomplish the mis- (ii) the proposed long-range missile defense Force Headquarters of the National Guard in sion. interceptor site element of such defense sys- the State or possession, as the case may be, (9) On April 5, 2009, President Barack tem in Poland. acting through the officer of the National Obama, speaking in Prague, Czech Republic, (B) Research, development, test, and eval- Guard in command of the Headquarters. stated, ‘‘As long as the threat from Iran per- uation, procurement, construction, or de- ‘‘(c) POSSESSIONS DEFINED.—Notwith- standing any provision of section 101(a) of sists, we will go forward with a missile deployment of other missile defense systems this title, in this section, the term ‘posses- fense system that is cost-effective and prov- designed to protect Europe, and the United sions’ means the Commonwealth of Puerto en. If the Iranian threat is eliminated, we States in the case of long-range missile Rico, Guam, and the Virgin Islands.’’. will have a stronger basis for security, and threats, from the threats posed by current (b) CLERICAL AMENDMENTS.—The tables of the driving force for missile defense con- and future Iranian ballistic missiles of all chapters at the beginning of title 10, United struction in Europe will be removed.’’. ranges, if the Secretary of Defense submits States Code, and at the beginning of part I of (10) On June 16, 2009, Deputy Secretary of to the congressional defense committees a subtitle A of such title, are each amended by Defense William Lynn testified before the report certifying that such systems are ex- inserting after the item relating to chapter Committee on Armed Services of the Senate pected to be— 15 the following new item: that the United States Government is re- (i) consistent with the direction from the ‘‘16. Control of the Armed Forces in viewing its options for developing and de- North Atlantic Council to address ballistic Activities Within the States and ploying operationally effective, cost-effec- missile threats to Europe and the United Possessions ...... 341’’. tive missile defense capabilities to Europe States in a prioritized manner that includes against potential future Iranian missile consideration of the imminence of the threat SA 1746. Mr. BINGAMAN submitted threats, in addition to the proposed deploy- and the level of acceptable risk; an amendment intended to be proposed ment of a missile defense system in Poland (ii) operationally effective and cost-effec- and the Czech Republic. tive in providing protection for Europe, and by him to the bill S. 1390, to authorize (11) On July 9, 2009, General James Cart- the United States in the case of long-range appropriations for fiscal year 2010 for wright, the Vice Chairman of the Joint missile threats, against current and future military activities of the Department Chiefs of Staff, testified before the Com- Iranian ballistic missile threats; and of Defense, for military construction, mittee on Armed Services of the Senate that (iii) interoperable, to the extent practical, and for defense activities of the De- the Department of Defense was considering with other components of missile defense partment of Energy, to prescribe mili- some 40 different missile defense architec- and complementary to the missile defense tary personnel strengths for such fiscal ture options for Europe that could provide a strategy of the North Atlantic Treaty Orga- year, and for other purposes; which was ‘‘regional defense capability to protect the nization. ordered to lie on the table; as follows: nations’’ of Europe, and a ‘‘redundant capa- (d) CONSTRUCTION.—Nothing in this section bility that would assist in protecting the shall be construed as limiting or preventing At the end of subtitle C of title I, add the United States,’’ and that the Department the Department of Defense from pursuing following: was considering ‘‘what kind of an architec- the development or deployment of operation- SEC. 125. AC–130 GUNSHIPS. ture best suits the defense of the region, the ally effective and cost-effective ballistic mis- (a) REPORT ON REDUCTION IN SERVICE LIFE defense of the homeland, and the regional sile defense systems in Europe. IN CONNECTION WITH ACCELERATED DEPLOY- stability’’. MENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary (b) SENSE OF SENATE.—It is the sense of the SA 1745. Mr. LEAHY (for himself and of the Air Force, in consultation with the Senate that— Mr. BOND) submitted an amendment in- United States Special Operations Command, (1) the United States Government should tended to be proposed by him to the shall submit to the congressional defense continue developing and planning for the bill S. 1390, to authorize appropriations committees an assessment of the reduction proposed deployment of elements of a for fiscal year 2010 for military activi- in the service life of AC–130 gunships of the Ground-based Midcourse Defense (GMD) sys- ties of the Department of Defense, for Air Force as a result of the accelerated de- tem, including a midcourse radar in the military construction, and for defense ployments of such gunships that are antici- Czech Republic and Ground-Based Intercep- pated during the seven- to ten-year period tors in Poland, consistent with section 233 of activities of the Department of Energy, to prescribe military personnel beginning with the date of the enactment of the Duncan Hunter National Defense Au- this Act, assuming that operating tempo thorization Act for Fiscal Year 2009; strengths for such fiscal year, and for continues at a rate per year of the average of (2) in conjunction with the continued de- other purposes; which was ordered to their operating rate for the last five years. velopment of the planned Ground-based Mid- lie on the table; as follows: (b) ELEMENTS.—The report required by sub- course Defense system, the United States At the end of subtitle A of title IX, add the section (a) shall include the following: should work with its North Atlantic Treaty following: (1) An estimate by series of the mainte- Organization allies to explore a range of op- nance costs for the AC–130 gunships during tions and architectures to provide missile de- SEC. 904. STATE CONTROL OF FEDERAL MILI- TARY FORCES ENGAGED IN ACTIVI- the period described in subsection (a), in- fenses for Europe and the United States TIES WITHIN THE STATES AND POS- cluding any major airframe and engine over- against current and future Iranian ballistic SESSIONS. hauls of such aircraft anticipated during missile capabilities; (a) IN GENERAL.—Part I of subtitle A of that period. (3) any alternative system that the United title 10, United States Code, is amended by (2) A description by series of the age, serv- States Government considers deploying in inserting after chapter 15 the following new iceability, and capabilities of the armament Europe to provide for the defense of Europe chapter: systems of the AC–130 gunships. and a redundant defense of the United States ‘‘CHAPTER 16—CONTROL OF THE ARMED (3) An estimate by series of the costs of against future long-range Iranian missile FORCES IN ACTIVITIES WITHIN THE modernizing the armament systems of the threats should be at least as capable and STATES AND POSSESSIONS AC–130 gunships to achieve any necessary ca- cost-effective as the proposed European de- pability improvements. ‘‘Sec. ployment of the Ground-based Midcourse De- (4) A description by series of the age and fense system; and ‘‘341. Tactical control of the armed forces engaged in activities within the capabilities of the electronic warfare sys- (4) any missile defense capabilities de- tems of the AC–130 gunships, and an estimate ployed in Europe should, to the extent prac- States and possessions: emergency response activities. of the cost of upgrading such systems during tical, be interoperable with United States that period to achieve any necessary capa- and North Atlantic Treaty Organization mis- ‘‘§ 341. Tactical control of the armed forces bility improvements. sile defense systems. engaged in activities within the States and (5) A description by series of the age of the (c) RESERVATION OF FUNDS FOR MISSILE DE- possessions: emergency response activities avionics systems of the AC–130 gunships, and FENSE SYSTEMS.— ‘‘(a) IN GENERAL.—The Secretary of De- an estimate of the cost of upgrading such (1) IN GENERAL.—Of the funds authorized to fense shall prescribe in regulations policies systems during that period to achieve any be appropriated or otherwise made available and procedures to assure that tactical con- necessary capability improvements. for fiscal years 2009 and 2010 for the Missile trol of the armed forces on active duty with- (c) FORM.—The report required by sub- Defense Agency for the purpose of developing in a State or possession is vested in the gov- section (a) shall be submitted in unclassified missile defenses in Europe, $353,100,000 shall ernor of the State or possession, as the case form, but may include a classified annex.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7927

(d) ANALYSIS OF ALTERNATIVES.—The Sec- ern Command, the Commander of the United ‘‘§ 10505. Vice Chief of the National Guard Bu- retary of the Air Force, in consultation with States Pacific Command, and the Chief of reau the United States Special Operations Com- the National Guard Bureau jointly consider ‘‘(a) APPOINTMENT.—(1) There is a Vice mand, shall conduct an analysis of alter- appropriate. Each such modification shall be Chief of the National Guard Bureau, selected natives for any gunship modernization re- subject to the approval of the Secretary of by the Secretary of Defense from officers of quirements identified by the 2009 quadren- Defense. the Army National Guard of the United nial defense review under section 118 of title (d) AUTHORITY TO MODIFY ASSIGNMENT OF States or the Air National Guard of the 10, United States Code. The results of the COMMAND RESPONSIBILITY.—Nothing in this United States who— analysis of alternatives shall be provided to section shall be construed as altering or lim- ‘‘(A) are recommended for such appoint- the congressional defense committees not iting the power of the President or the Sec- ment by their respective Governors or, in the later than 18 months after the completion of retary of Defense to modify the Unified Com- case of the District of Columbia, the com- the 2009 quadrennial defense review. mand Plan in order to assign all or part of manding general of the District of Columbia the responsibility described in subsection (a) National Guard; SA 1747. Mr. LEAHY (for himself and to a combatant command other than the ‘‘(B) have had at least 10 years of federally Mr. BOND) submitted an amendment in- United States Northern Command or the recognized service in an active status in the tended to be proposed by him to the United States Pacific Command. National Guard; and bill S. 1390, to authorize appropriations (e) REGULATIONS.—The Secretary of De- ‘‘(C) are in a grade above the grade of colo- for fiscal year 2010 for military activi- fense shall prescribe regulations for purposes nel. ‘‘(2) The Chief and Vice Chief of the Na- ties of the Department of Defense, for of aiding the expeditious implementation of the authorities and responsibilities in this tional Guard Bureau may not both be mem- military construction, and for defense section. bers of the Army or of the Air Force. activities of the Department of Energy, ‘‘(3)(A) Except as provided in subparagraph to prescribe military personnel SA 1748. Mr. LEAHY (for himself and (B), an officer appointed as Vice Chief of the National Guard Bureau serves for a term of strengths for such fiscal year, and for Mr. BOND) submitted an amendment in- other purposes; which was ordered to four years, but may be removed from office tended to be proposed by him to the at any time for cause. lie on the table; as follows: bill S. 1390, to authorize appropriations ‘‘(B) The term of the Vice Chief of the Na- At the end of subtitle A of title IX, add the for fiscal year 2010 for military activi- tional Guard Bureau shall end within a rea- following: ties of the Department of Defense, for sonable time (as determined by the Sec- SEC. 904. ENHANCEMENT OF AUTHORITIES RE- military construction, and for defense retary of Defense) following the appointment LATING TO THE UNITED STATES of a Chief of the National Guard Bureau who NORTHERN COMMAND AND OTHER activities of the Department of Energy, is a member of the same armed force as the COMBATANT COMMANDS. to prescribe military personnel Vice Chief. (a) COMMANDS RESPONSIBLE FOR SUPPORT strengths for such fiscal year, and for ‘‘(b) DUTIES.—The Vice Chief of the Na- TO CIVIL AUTHORITIES IN THE UNITED other purposes; which was ordered to tional Guard Bureau performs such duties as STATES.—The United States Northern Com- lie on the table; as follows: may be prescribed by the Chief of the Na- mand and the United States Pacific Com- tional Guard Bureau. At the end of subtitle A of title IX, add the mand shall be the combatant commands of ‘‘(c) GRADE.—The Vice Chief of the Na- the Armed Forces that are principally re- following: tional Guard Bureau shall be appointed to sponsible for the support of civil authorities SEC. 904. REQUIREMENTS RELATING TO NA- serve in the grade of lieutenant general. in the United States by the Armed Forces. TIONAL GUARD OFFICERS IN CER- ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When (b) DISCHARGE OF RESPONSIBILITY.—In dis- TAIN COMMAND POSITIONS. there is a vacancy in the office of the Chief charging the responsibility set forth in sub- (a) COMMANDER OF ARMY NORTH COM- of the National Guard Bureau or in the ab- section (a), the Commander of the United MAND.—The officer serving in the position of sence or disability of the Chief, the Vice States Northern Command and the Com- Commander, Army North Command, shall be Chief of the National Guard Bureau acts as mander of the United States Pacific Com- an officer in the Army National Guard of the Chief and performs the duties of the Chief mand shall each— United States. until a successor is appointed or the absence (1) in consultation with and acting through (b) COMMANDER OF AIR FORCE NORTH COM- of disability ceases.’’. the Chief of the National Guard Bureau and MAND.—The officer serving in the position of (2) CLERICAL AMENDMENT.—The table of the Joint Force Headquarters of the Na- Commander, Air Force North Command, sections at the beginning of chapter 1011 of tional Guard of the State or States con- shall be an officer in the Air National Guard such title is amended by striking the item cerned, assist the States in the employment of the United States. relating to section 10505 and inserting the of the National Guard under State control, (c) SENSE OF CONGRESS.—It is the sense of following new items: including National Guard operations con- Congress that, in assigning officers to the ‘‘10505. Vice Chief of the National Guard Bu- ducted in State active duty or under title 32, command positions specified in subsections reau. United States Code; and (a) and (b), the President should afford a ‘‘10505a. Director of the Joint Staff of the Na- (2) facilitate the deployment of the Armed preference in assigning officers in the Army tional Guard Bureau.’’. Forces on active duty under title 10, United National Guard of the United States or Air (b) CONFORMING AMENDMENT.—Section States Code, as necessary to augment and National Guard of the United States, as ap- 10506(a)(1) of such title is amended by strik- support the National Guard in its support of plicable, who have served as the adjutant ing ‘‘and the Director of the Joint Staff of civil authorities when National Guard oper- general of a State. the National Guard Bureau’’ and inserting ‘‘, ations are conducted under State control, the Vice Chief of the National Guard Bureau, whether in State active duty or under title SA 1749. Mr. LEAHY (for himself and and the Director of the Joint Staff of the Na- 32, United States Code. Mr. BOND) submitted an amendment in- tional Guard Bureau’’. (c) MEMORANDUM OF UNDERSTANDING.— tended to be proposed by him to the (1) MEMORANDUM REQUIRED.—Not later SA 1750. Mr. LAUTENBERG (for him- bill S. 1390, to authorize appropriations than 180 days after the date of the enactment self and Mr. MENENDEZ) submitted an of this Act, the Commander of the United for fiscal year 2010 for military activi- amendment intended to be proposed by States Northern Command, the Commander ties of the Department of Defense, for him to the bill S. 1390, to authorize ap- of the United States Pacific Command, and military construction, and for defense propriations for fiscal year 2010 for the Chief of the National Guard Bureau activities of the Department of Energy, military activities of the Department shall, with the approval of the Secretary of to prescribe military personnel Defense, jointly enter into a memorandum of of Defense, for military construction, strengths for such fiscal year, and for and for defense activities of the De- understanding setting forth the operational other purposes; which was ordered to relationships, and individual roles and re- partment of Energy, to prescribe mili- sponsibilities, during responses to domestic lie on the table; as follows: tary personnel strengths for such fiscal emergencies among the United States North- At the end of subtitle A of title IX, add the year, and for other purposes; which was ern Command, the United States Pacific following: ordered to lie on the table; as follows: Command, and the National Guard Bureau. SEC. 904. REESTABLISHMENT OF POSITION OF On page 435, between line 14 and 15, insert (2) MODIFICATION.—The Commander of the VICE CHIEF OF THE NATIONAL the following: GUARD BUREAU. United States Northern Command, the Com- SEC. 1083. SENSE OF THE SENATE RELATING TO mander of the United States Pacific Com- (a) REESTABLISHMENT OF POSITION.— PAY FOR EMPLOYEES SERVING AT mand, and the Chief of the National Guard (1) IN GENERAL.—Chapter 1011 of title 10, JOINT BASE MCGUIRE/DIX/ Bureau may from time to time modify the United States Code, is amended— LAKEHURST. memorandum of understanding under this (A) by redesignating section 10505 as sec- It is the sense of Senate that for the pur- subsection to address changes in cir- tion 10505a; and poses of determining any pay for an em- cumstances and for such other purposes as (B) by inserting after section 10504 the fol- ployee serving at Joint Base McGuire/Dix/ the Commander of the United States North- lowing new section 10505: Lakehurst—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7928 CONGRESSIONAL RECORD — SENATE July 22, 2009 (1) the pay schedules and rates to be used SEC. 713. REDUCTION OF MINIMUM DISTANCE OF (B) A current assessment of the quality of shall be the same as if such employee were TRAVEL FOR REIMBURSEMENT OF mental health care being provided to family serving in the pay locality, wage area, or COVERED BENEFICIARIES OF THE members of members of the National Guard other area of locality (whichever would MILITARY HEALTH CARE SYSTEM and Reserve who are deployed overseas, and FOR TRAVEL FOR SPECIALTY apply to determine pay for the employees in- HEALTH CARE. an assessment of expanding coverage for volved) that includes Ocean County, New (a) REDUCTION.—Section 1074i(a) of title 10, mental health care services under the Jersey; and United States Code, is amended by striking TRICARE program to mental health care (2) the Office of Personnel Management ‘‘100 miles’’ and inserting ‘‘50 miles’’. services provided at facilities currently out- should develop regulations to ensure pay (b) EFFECTIVE DATE.—The amendment side the accredited network of the TRICARE parity for employees serving at Joint Bases. made by subsection (a) shall take effect on program. the date that is 90 days after the date of the (C) Such recommendations for legislative SA 1751. Mr. WARNER (for himself enactment of this Act, and shall apply with or administration action as the Secretary considers appropriate in order to further as- and Mr. WEBB) submitted an amend- respect to referrals for specialty health care sure full access to mental health care by ment intended to be proposed by him made on or after such effective date. (c) OFFSET.—The amount authorized to be family members of members of the National to the bill S. 1390, to authorize appro- appropriated by section 301(a)(5) for oper- Guard and Reserve who are deployed over- priations for fiscal year 2010 for mili- ation and maintenance for Defense-wide ac- seas during the mobilization, deployment, tary activities of the Department of tivities is hereby decreased by $14,000,000, and demobilization of such members of the Defense, for military construction, and with the amount of the decrease to be de- National Guard and Reserve. for defense activities of the Depart- rived from unobligated balances. Mrs. HUTCHISON submitted ment of Energy, to prescribe military SA 1754. an amendment intended to be proposed personnel strengths for such fiscal SA 1753. Ms. KLOBUCHAR submitted by her to the bill S. 1390, to authorize year, and for other purposes; which was an amendment intended to be proposed appropriations for fiscal year 2010 for ordered to lie on the table; as follows: by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department At the appropriate place, insert the fol- military activities of the Department of Defense, for military construction, lowing: of Defense, for military construction, and for defense activities of the De- SEC. ll. NATIONAL D–DAY MEMORIAL STUDY. and for defense activities of the De- partment of Energy, to prescribe mili- (a) DEFINITIONS.—In this section: partment of Energy, to prescribe military personnel strengths for such fiscal (1) AREA.—The term ‘‘Area’’ means in the tary personnel strengths for such fiscal year, and for other purposes; which was National D–Day Memorial in Bedford, Vir- year, and for other purposes; which was ordered to lie on the table; as follows: ginia. At the end of subtitle C of title I, add the (2) SECRETARY.—The term ‘‘Secretary’’ ordered to lie on the table; as follows: following: means the Secretary of the Interior, acting At the end of subtitle F of title V, add the through the Director of the National Park following: SEC. 125. C–130 AVIONICS MODERNIZATION PRO- GRAM. Service. SEC. 557. FULL ACCESS TO MENTAL HEALTH Of the amounts authorized to be appro- (b) STUDY.— CARE FOR FAMILY MEMBERS OF MEMBERS OF THE NATIONAL GUARD priated by section 103 for procurement for (1) IN GENERAL.—The Secretary shall con- AND RESERVE WHO ARE DEPLOYED the Air Force, $209,500,000 is authorized to be duct a study of the Area to evaluate the na- OVERSEAS. appropriated for the C–130 Avionics Mod- tional significance of the Area and suit- (a) EXPANDED INITIATIVE TO INCREASE AC- ernization Program (AMP) for AMP kit pro- ability and feasibility of designating the CESS TO MENTAL HEALTH CARE.— curement and installation. Area as a unit of the National Park System. (1) IN GENERAL.—The Secretary of Defense (2) CRITERIA.—In conducting the study re- shall expand existing Department of Defense SA 1755. Mr. WEBB submitted an quired by paragraph (1), the Secretary shall initiatives to increase access to mental amendment intended to be proposed by use the criteria for the study of areas for po- health care for family members of members him to the bill S. 1390, to authorize ap- tential inclusion in the National Park Sys- of the National Guard and Reserve deployed tem in section 8(c) of Public Law 91–383 (16 propriations for fiscal year 2010 for overseas during the periods of mobilization, military activities of the Department U.S.C. 1a-5(c)). deployment, and demobilization of such (3) CONTENTS.—The study required by para- members of the National Guard and Reserve. of Defense, for military construction, graph (1) shall— (2) ELEMENTS.—The expanded initiatives, and for defense activities of the De- (A) determine the suitability and feasi- which shall build upon and be consistent partment of Energy, to prescribe mili- bility of designating the Area as a unit of with ongoing efforts, shall include the fol- tary personnel strengths for such fiscal the National Park System; lowing: year, and for other purposes; which was (B) include cost estimates for any nec- (A) Programs and activities to educate the ordered to lie on the table; as follows: essary acquisition, development, operation, family members of members of the National and maintenance of the Area; and At the end of subtitle D of title VI, add the Guard and Reserve who are deployed over- following: (C) identify alternatives for the manage- seas on potential mental health challenges SEC. lll. SURVIVOR BENEFIT PLAN ANNUITIES ment, administration, and protection of the connected with such deployment. Area. FOR SPECIAL NEEDS TRUSTS ESTAB- (B) Programs and activities to provide LISHED FOR THE BENEFIT OF DE- (c) REPORT.—Section 8(c) of Public Law 91– such family members with complete infor- PENDENT CHILDREN INCAPABLE OF 383 (16 U.S.C. 1a-5(c)) shall apply to the con- mation on all mental health resources avail- SELF-SUPPORT. duct of the study required by this section, able to such family members through the De- (a) SPECIAL NEEDS TRUST AS ELIGIBLE BEN- except that the study shall be submitted to partment of Defense and otherwise. EFICIARY.— the Committee on Natural Resources of the (C) Guidelines for mental health coun- (1) IN GENERAL.—Subsection (a) of section House of Representatives and the Committee selors at military installations in commu- 1450 of title 10, United States Code, is amend- on Energy and Natural Resources of the Sen- nities with large numbers of mobilized mem- ed— ate not later than 3 years after the date on bers of the National Guard and Reserve to (A) by redesignating paragraph (4) as para- which funds are first made available for the expand the reach of their counseling activi- graph (5); and study. ties to include families of such members in (B) by inserting after paragraph (3) the fol- such communities. lowing new paragraph (4): SA 1752. Mrs. BOXER (for herself and (b) REPORTS.— ‘‘(4) SPECIAL NEEDS TRUSTS FOR SOLE BEN- Mr. BOND) submitted an amendment in- (1) IN GENERAL.—Not later than 180 days EFIT OF CERTAIN DEPENDENT CHILDREN.—Not- tended to be proposed by her to the bill after the date of the enactment of this Act, withstanding subsection (i), a supplemental and at such times as the Secretary deems ap- S. 1390, to authorize appropriations for or special needs trust established under sub- propriate thereafter, the Secretary of De- paragraph (A) or (C) of section 1917(d)(4) of fiscal year 2010 for military activities fense shall submit to the Committees on the Social Security Act (42 U.S.C. 1396p(d)(4)) of the Department of Defense, for mili- Armed Services of the Senate and the House for the sole benefit of a dependent child con- tary construction, and for defense ac- of Representatives a report on this section. sidered disabled under section 1614(a)(3) of tivities of the Department of Energy, (2) ELEMENTS.—Each report shall include that Act (42 U.S.C. 1382c(a)(3)) who is incapa- to prescribe military personnel the following: ble of self-support because of mental or phys- strengths for such fiscal year, and for (A) A current assessment of the extent to ical incapacity.’’. other purposes; which was ordered to which family members of members of the (2) CONFORMING AMENDMENT.—Subsection National Guard and Reserve who are de- lie on the table; as follows: (i) of such section is amended by inserting ployed overseas have access to, and are uti- ‘‘(a)(4) or’’ after ‘‘subsection’’. At the end of subtitle B of title VII, insert lizing, mental health care available under (b) REGULATIONS.—Section 1455(d) of such the following: this section. title is amended—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7929 (1) in the subsection caption, by striking (2) the term ‘‘pay locality’’ refers to a pay states not to provide financial support or ‘‘AND FIDUCIARIES’’ and inserting ‘‘, FIDU- locality under section 5302 of such title; and other financial services that could con- CIARIES, AND SPECIAL NEEDS TRUSTS’’; (3) the term ‘‘wage area’’ refers to a wage tribute to North Korea’s nuclear-related or (2) in paragraph (1)— area under section 5343 of such title. missile-related activities or other activities (A) in subparagraph (A), by striking ‘‘and’’ (c) REGULATIONS.—The Office of Personnel related to weapons of mass destruction. at the end; Management may prescribe any regulations (8) On July 15, 2009, the Sanctions Com- (B) in subparagraph (B), by striking the pe- necessary to carry out this section. mittee of the United Nations Security Coun- riod at the end and inserting ‘‘; and’’; and (d) EFFECTIVE DATE.—This section shall cil, pursuant to United Nations Security (C) by adding at the end the following new apply with respect to pay for service per- Council Resolution 1874, imposed a travel subparagraph: formed in any pay period beginning on or ban on five North Korean individuals and ‘‘(C) a dependent child incapable of self- after the date of the enactment of this Act asset freezes on five more North Korean enti- support because of mental or physical inca- or October 1, 2009, whichever is later. ties for their involvement in nuclear weap- pacity for whom a supplemental or special ons and ballistic missile development pro- needs trust has been established under sub- SA 1757. Mr. KERRY (for himself, Mr. grams, marking the first time the United paragraph (A) or (C) of section 1917(d)(4) of LEVIN, and Mr. WEBB) submitted an Nations has imposed a travel ban on North the Social Security Act (42 U.S.C. amendment intended to be proposed by Koreans. 1396p(d)(4)).’’; him to the bill S. 1390, to authorize ap- (9) On June 10, 2008, the Government of (3) in paragraph (2)— North Korea issued a statement, subse- (A) by redesignating subparagraphs (C) propriations for fiscal year 2010 for quently conveyed directly to the United through (H) as subparagraphs (D) through (I), military activities of the Department States Government, affirming that North respectively; of Defense, for military construction, Korea, ‘‘will firmly maintain its consistent (B) by inserting after subparagraph (B) the and for defense activities of the De- stand of opposing all forms of terrorism and following new subparagraph (C): partment of Energy, to prescribe mili- any support to it and will fulfill its responsi- ‘‘(C) In the case of an annuitant referred to tary personnel strengths for such fiscal bility and duty in the struggle against ter- in paragraph (1)(C), payment of the annuity year, and for other purposes; which was rorism.’’. to the supplemental or special needs trust (10) The June 10, 2008, statement by the established for the annuitant.’’; ordered to lie on the table; as follows: Government of North Korea also pledged (C) in subparagraph (D), as redesignated by At the end of subtitle C of title XII, add that North Korea would take ‘‘active part in subparagraph (A) of this paragraph, by strik- the following: the international efforts to prevent sub- ing ‘‘subparagraphs (D) and (E)’’ and insert- SEC. 1232. REVIEW OF CONDUCT OF NORTH stance, equipment and technology to be used ing ‘‘subparagraphs (E) and (F)’’; and KOREA TO DETERMINE WHETHER for the production of nukes and biochemical (D) in subparagraph (H), as so redesig- NORTH KOREA SHOULD BE RE-LIST- and radioactive weapons from finding their nated— ED AS A STATE SPONSOR OF TER- ways to the terrorists and the organizations RORISM. (i) by inserting ‘‘or (1)(C)’’ after ‘‘para- that support them’’. (a) FINDINGS.—The Senate makes the fol- graph (1)(B)’’ in the matter preceding clause (11) On June 26, 2008, President George W. lowing findings: (i); Bush certified that— (1) On April 5, 2009, the Government of (ii) in clause (i), by striking ‘‘and’’ at the (A) the Government of North Korea had North Korea tested an intermediate range end; not provided any support for international ballistic missile in violation of United Na- (iii) in clause (ii), by striking the period at terrorism during the preceding 6-month pe- tions Security Council Resolutions 1695 (2006) the end and inserting ‘‘; and’’; and riod; and and 1718 (2006). (iv) by adding at the end the following new (B) the Government of North Korea had (2) On April 5, 2009, President Barack clause: provided assurances that it will not support Obama issued a statement on North Korea, ‘‘(iii) procedures for determining when an- acts of international terrorism in the future. stating that ‘‘Preventing the proliferation of nuity payments to a supplemental or special (12) The President’s June 26 certification weapons of mass destruction and their means needs trust shall end based on the death or concluded, based on all available informa- of delivery is a high priority for my adminis- marriage of the dependent child for which tion, that there was ‘‘no credible evidence at tration’’, and adding, ‘‘North Korea has ig- the trust was established.’’; and this time of ongoing support by the DPRK nored its international obligations, rejected (4) in paragraph (3), by striking ‘‘OR FIDU- for international terrorism’’ and that ‘‘there unequivocal calls for restraint, and further CIARY’’ in the paragraph caption and insert- is no credible or sustained reporting at this isolated itself from the community of na- ing ‘‘, FIDUCIARY, OR TRUST’’. time that supports allegations (including as tions’’. cited in recent reports by the Congressional SA 1756. Mr. LAUTENBERG (for him- (3) On April 15, 2009, the Government of Research Service) that the DPRK has pro- self and Mr. MENENDEZ) submitted an North Korea announced it was expelling vided direct or witting support for Hezbollah, amendment intended to be proposed by international inspectors from its Yongbyon Tamil Tigers, or the Iranian Revolutionary nuclear facility and ending its participation Guard’’. him to the bill S. 1390, to authorize ap- in the Six Party Talks for the propriations for fiscal year 2010 for (13) The State Department’s Country Re- Denuclearization of the Korean Peninsula. ports on Terrorism 2008, in a section on military activities of the Department (4) On May 25, 2009, the Government of North Korea, state, ‘‘The Democratic Peo- of Defense, for military construction, North Korea conducted a second nuclear ple’s Republic of Korea (DPRK) was not and for defense activities of the De- test, in disregard of United Nations Security known to have sponsored any terrorist acts partment of Energy, to prescribe mili- Council Resolution 1718, which was issued in since the bombing of a Korean Airlines flight tary personnel strengths for such fiscal 2006 following the first such test and which in 1987.’’. year, and for other purposes; which was demanded that North Korea not conduct any (14) The Country Reports on Terrorism 2008 ordered to lie on the table; as follows: further nuclear tests or launches of a bal- also state, ‘‘A state that directs WMD re- listic missile. On page 435, between line 14 and 15, insert sources to terrorists, or one from which ena- (5) The State Department’s 2008 Human the following: bling resources are clandestinely diverted, Rights Report on North Korea, issued on poses a grave WMD terrorism threat. Al- SEC. 1083. PAY PARITY FOR FEDERAL EMPLOY- February 25, 2009, found that human rights EES SERVING AT JOINT BASE though terrorist organizations will continue MCGUIRE/DIX/LAKEHURST. conditions inside North Korea remained to seek a WMD capability independent of (a) IN GENERAL.—For purposes of any de- poor, prison conditions are harsh and life- state programs, the sophisticated WMD termination of pay for an employee serving threatening, and citizens were denied basic knowledge and resources of a state could en- at Joint Base McGuire/Dix/Lakehurst, the freedoms such as freedom of speech, press, able a terrorist capability. State sponsors of pay schedules and rates to be used shall be assembly, religion, and association. terrorism and all nations that fail to live up the same as if such employee were serving in (6) Pursuant to section 102(b)(2)(E) of the to their international counterterrorism and the pay locality, wage area, or other area or Arms Export Control Act (22 U.S.C. 2799aa– nonproliferation obligations deserve greater locality (whichever would apply to deter- 1(b)(2)(E)), President George W. Bush, on scrutiny as potential facilitators of WMD mine pay for the employee involved) that in- February 7, 2007, notified Congress that the terrorism.’’. cludes Ocean County, New Jersey. United States Government would oppose the (15) On October 11, 2008, the Secretary of (b) DEFINITIONS.—For purposes of this sec- extension of any loan or financial or tech- State, pursuant to the President’s certifi- tion— nical assistance to North Korea by any inter- cation, removed North Korea from the list of (1) the term ‘‘employee’’ means an em- national financial institution and the prohi- state sponsors of terrorism, on which North ployee (as defined by section 2105 of title 5, bition on support for the extension of such Korea had been placed in 1988. United States Code)— loans or assistance remains in effect. (b) REPORT ON CONDUCT OF NORTH KOREA.— (A) whose pay is determined under sub- (7) On June 12, 2009, the United Nations Se- Not later than 30 days after the date of the chapter III or IV of chapter 53 of such title; curity Council passed Resolution 1874, con- enactment of this Act, the President shall or demning North Korea’s nuclear test, impos- submit to Congress a detailed report exam- (B) who is paid from nonappropriated funds ing a sweeping embargo on all arms trade ining the conduct of the Government of of any instrumentality of the United States; with North Korea, and requiring member North Korea since June 26, 2008, based on all

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7930 CONGRESSIONAL RECORD — SENATE July 22, 2009 available information, to determine whether Act, the Commander of the United States amounts available for the B–52H MIL–STD– North Korea meets the statutory criteria for Special Operations Command, jointly with 1760 Data Bus Internal Weapons Bay (PE # listing as a state sponsor of terrorism. The the commanders of the combatant com- 0101113F). report shall— mands and the chiefs of the services, shall (b) OFFSET.—The amount authorized to be (1) present any credible evidence of support submit to the Secretary of Defense and the appropriated by section 201(a)(3) for Re- by the Government of North Korea for acts Chairman of the Joint Chiefs of Staff a research, Development, Test, and Evaluation of terrorism, terrorists, or terrorist organi- port on the availability of enabling capabili- for the Air Force is hereby decreased by zations; ties to support special operations forces re- $16,800,000, with the amount of the decrease (2) examine what steps the Government of quirements. to be derived from amounts available for PE North Korea has taken to fulfill its June 10, (b) MATTERS TO BE INCLUDED.—The report # 0101127F. 2008, pledge to prevent weapons of mass de- required under subsection (a) shall include struction from falling into the hands of ter- the following: SA 1760. Mr. KYL (for himself, Mr. rorists; and (1) An identification of the requirements MCCONNELL, Mr. MCCAIN, Mr. INHOFE, (3) assess the effectiveness of re-listing for enabling capabilities for conventional North Korea as a state sponsor of terrorism forces and special operations forces globally, Mr. SESSIONS, Mr. GRAHAM, Mr. VITTER, as a tool to accomplish the objectives of the including current and projected needs in Mr. DEMINT, MR. RISCH, Mr. CORNYN, United States with respect to North Korea, Iraq, Afghanistan, and other theaters of op- Mr. BARRASSO, Mr. LIEBERMAN, Mr. including completely eliminating North Ko- eration. WICKER, and Mr. BENNETT) submitted rea’s nuclear weapons programs, preventing (2) A description of the processes used to an amendment intended to be proposed North Korean proliferation of weapons of prioritize and allocate enabling capabilities by him to the bill S. 1390, to authorize mass destruction, and encouraging North to meet the mission requirements of conven- Korea to abide by international norms with appropriations for fiscal year 2010 for tional forces and special operations forces. military activities of the Department respect to human rights. (3) An identification and description of any (c) SENSE OF THE SENATE.—It is the sense shortfalls in enabling capabilities for special of Defense, for military construction, of the Senate that— operations forces by function, region, and and for defense activities of the De- (1) the conduct of North Korea constitutes quantity, as determined by the Commander partment of Energy, to prescribe mili- a threat to the northeast Asian region and to of the United States Special Operations tary personnel strengths for such fiscal international peace and security; Command and the commanders of the geo- year, and for other purposes; as fol- (2) if the United States determines that the graphic combatant commands. Government of North Korea has provided as- lows: (4) An assessment of the current inventory sistance to terrorists or engaged in state At the end of title XII, add the following: of these enabling capabilities within the sponsored acts of terrorism, the Secretary of military departments and components and SEC. 1232. LIMITATION ON FUNDS TO IMPLEMENT State should immediately list North Korea the United States Special Operations Com- REDUCTIONS IN THE STRATEGIC NU- as a state sponsor of terrorism; CLEAR FORCES OF THE UNITED mand. (3) if the United States determines that the STATES PURSUANT TO ANY TREATY (5) An assessment of whether there is a Government of North Korea has failed to ful- OR OTHER AGREEMENT WITH THE need to create additional enabling capabili- fill its June 10, 2008, pledges, the Secretary of RUSSIAN FEDERATION. ties by function and quantity. State should immediately list North Korea (a) FINDINGS.—Congress makes the fol- (6) An assessment of the merits of creating as a state sponsor of terrorism; and lowing findings: additional enabling units, by type and quan- (4) the United States should— (1) In the Joint Statement by President tity— (A) vigorously enforce United Nations Se- Dmitriy Medvedev of the Russian Federation (A) within the military departments; and curity Council Resolutions 1718 (2006) and and President Barack Obama of the United (B) within the United States Special Oper- 1874 (2009) and other sanctions in place with States of America after their meeting in ations Command. respect to North Korea under United States London, England on April 1, 2009, the two (7) Recommendations for meeting the cur- law; Presidents agreed ‘‘to pursue new and rent and future enabling force requirements (B) urge all member states of the United verifiable reductions in our strategic offen- of the United States Special Operations Nations to fully implement the sanctions sive arsenals in a step-by-step process, begin- Command, including an assessment of the in- imposed by United Nations Security Council ning by replacing the Strategic Arms Reduc- creases in endstrength, equipment, funding, Resolutions 1718 and 1874; and tion Treaty with a new, legally-binding trea- and military construction that would be re- (C) consider the imposition of additional ty’’. quired to support these recommendations. unilateral and multilateral sanctions (2) At that meeting, the two Presidents in- (8) Any other matters the Commander of against North Korea in furtherance of United structed their negotiators to reach an agree- the United States Special Operations Com- States national security. ment that ‘‘will mutually enhance the secu- mand, the commanders of the combatant (d) STATE SPONSOR OF TERRORISM DE- rity of the Parties and predictability and commands, and the chiefs of the services FINED.—For purposes of this section, the stability in strategic offensive forces, and term ‘‘state sponsor of terrorism’’ means a consider useful and relevant. will include effective verification measures country that has repeatedly provided sup- (c) REPORT TO CONGRESS.—Not later than drawn from the experience of the Parties in port for acts of international terrorism for 30 days after receiving the report required implementing the START Treaty’’. purposes of— under subsection (a), the Secretary of De- (3) Subsequently, on April 5, 2009, in a (1) section 6(j) of the Export Administra- fense shall forward the report to the congres- speech in Prague, the Czech Republic, Presi- tion Act of 1979 (50 U.S.C. App. 2405(j)) (as sional defense committees with any addi- dent Obama proclaimed, ‘‘Iran’s nuclear and continued in effect pursuant to the Inter- tional comments the Secretary considers ap- ballistic missile activity poses a real threat, national Emergency Economic Powers Act propriate. not just to the United States, but to Iran’s (50 U.S.C. 1701 et seq.)); neighbors and our allies. The Czech Republic (2) section 40 of the Arms Export Control SA 1759. Mr. CONRAD submitted an and Poland have been courageous in agreeing Act (22 U.S.C. 2780); or amendment intended to be proposed by to host a defense against these missiles. As (3) section 620A of the Foreign Assistance him to the bill S. 1390, to authorize ap- long as the threat from Iran persists, we will Act of 1961 (22 U.S.C. 2371). propriations for fiscal year 2010 for go forward with a missile defense system military activities of the Department that is cost-effective and proven.’’ SA 1758. Mr. REED (for himself and of Defense, for military construction, (4) President Obama also said, ‘‘As long as Mr. WICKER) submitted an amendment and for defense activities of the De- these [nuclear] weapons exist, the United intended to be proposed by him to the States will maintain a safe, secure and effec- partment of Energy, to prescribe mili- tive arsenal to deter any adversary, and bill S. 1390, to authorize appropriations tary personnel strengths for such fiscal for fiscal year 2010 for military activi- guarantee that defense to our allies, includ- year, and for other purposes; which was ing the Czech Republic. But we will begin the ties of the Department of Defense, for ordered to lie on the table; as follows: military construction, and for defense work of reducing our arsenal.’’ (b) LIMITATION.—Funds authorized to be activities of the Department of Energy, At the end of subtitle A of title II, add the following: appropriated by this Act or otherwise made to prescribe military personnel SEC. 202. ADDITIONAL FUNDING FOR B–52H MIL– available to the Department of Defense for strengths for such fiscal year, and for STD–1760 DATA BUS INTERNAL fiscal year 2010 may not be obligated or ex- other purposes; which was ordered to WEAPONS BAY. pended to implement reductions in the stra- lie on the table; as follows: (a) ADDITIONAL AMOUNT FOR RESEARCH, DE- tegic nuclear forces of the United States pur- On page 429 between lines 8 and 9, insert VELOPMENT, TEST, AND EVALUATION, AIR suant to any treaty or other agreement en- the following: FORCE.—The amount authorized to be appro- tered into between the United States and the SEC. 1073. REPORT ON ENABLING CAPABILITIES priated by section 201(a)(3) for Research, De- Russian Federation on strategic nuclear FOR SPECIAL OPERATIONS FORCES. velopment, Test, and Evaluation for the Air forces after the date of enactment of this Act (a) REPORT REQUIRED.—Not later than 270 Force is hereby increased by $16,800,000, with unless the President certifies to Congress days after the date of the enactment of this the amount of the increase to be allocated to that—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7931 (1) the treaty or other agreement provides Council Resolution 1718, which was issued in since the bombing of a Korean Airlines flight for sufficient mechanisms to verify compli- 2006 following the first such test and which in 1987.’’. ance with the treaty or agreement; demanded that North Korea not conduct any (14) The Country Reports on Terrorism 2008 (2) the treaty or other agreement does not further nuclear tests or launches of a bal- also state, ‘‘A state that directs WMD replace limitations on the ballistic missile de- listic missile. sources to terrorists, or one from which ena- fense systems, space capabilities, or ad- (5) The State Department’s 2008 Human bling resources are clandestinely diverted, vanced conventional weapons of the United Rights Report on North Korea, issued on poses a grave WMD terrorism threat. Al- States; and February 25, 2009, found that human rights though terrorist organizations will continue (3) the fiscal year 2011 budget request for conditions inside North Korea remained to seek a WMD capability independent of programs of the Department of Energy’s Na- poor, prison conditions are harsh and life- state programs, the sophisticated WMD tional Nuclear Security Administration will threatening, and citizens were denied basic knowledge and resources of a state could en- be sufficiently funded— freedoms such as freedom of speech, press, able a terrorist capability. State sponsors of (A) to maintain the reliability, safety, and assembly, religion, and association. terrorism and all nations that fail to live up security of the remaining strategic nuclear (6) Pursuant to section 102(b)(2)(E) of the to their international counterterrorism and forces of the United States; and Arms Export Control Act (22 U.S.C. 2799aa– nonproliferation obligations deserve greater (B) to modernize and refurbish the nuclear 1(b)(2)(E)), President George W. Bush, on scrutiny as potential facilitators of WMD weapons complex. February 7, 2007, notified Congress that the terrorism.’’. (c) REPORT.—Not later than 90 days after United States Government would oppose the (15) On October 11, 2008, the Secretary of the date of the enactment of this Act, the extension of any loan or financial or tech- State, pursuant to the President’s certifi- President shall transmit to the appropriate nical assistance to North Korea by any inter- cation, removed North Korea from its list of congressional committees a report on the national financial institution and the prohi- state sponsors of terrorism, on which North stockpiles of strategic and nonstrategic bition on support for the extension of such Korea had been placed in 1988. weapons of the United States and the Rus- loans or assistance remains in effect. (b) REPORT ON CONDUCT OF NORTH KOREA.— sian Federation. (7) On June 12, 2009, the United Nations Se- Not later than 30 days after the date of the (d) DEFINITIONS.—In this section: curity Council passed Resolution 1874, con- enactment of this Act, the President shall (1) ADVANCED CONVENTIONAL WEAPONS.—The demning North Korea’s nuclear test, impos- submit to Congress a detailed report exam- term ‘‘advanced conventional weapons’’ ing a sweeping embargo on all arms trade ining the conduct of the Government of means any advanced weapons system that with North Korea, and requiring member North Korea since June 26, 2008, based on all has been specifically designed not to carry a states not to provide financial support or available information, to determine whether other financial services that could con- nuclear payload. North Korea meets the statutory criteria for tribute to North Korea’s nuclear-related or (2) APPROPRIATE CONGRESSIONAL COMMIT- listing as a state sponsor of terrorism. The missile-related activities or other activities TEES.—The term ‘‘appropriate congressional report shall— related to weapons of mass destruction. committees’’ means the following commit- (1) present any credible evidence of support (8) On July 15, 2009, the Sanctions Com- tees: by the Government of North Korea for acts mittee of the United Nations Security Coun- (A) The Committee on Armed Services and of terrorism, terrorists, or terrorist organi- cil, pursuant to United Nations Security the Committee on Foreign Affairs of the zations; Council Resolution 1874, imposed a travel House of Representatives. (2) examine what steps the Government of ban on five North Korean individuals and (B) The Committee on Armed Services and North Korea has taken to fulfill its June 10, asset freezes on five more North Korean enti- the Committee on Foreign Relations of the 2008, pledge to prevent weapons of mass de- Senate. ties for their involvement in nuclear weapons and ballistic missile development pro- struction from falling into the hands of ter- SA 1761. Mr. KERRY (for himself, Mr. grams, marking the first time the United rorists; and (3) assess the effectiveness of re-listing LUGAR, Mr. LEVIN, and Mr. WEBB) pro- Nations has imposed a travel ban on North Koreans. North Korea as a state sponsor of terrorism posed an amendment to the bill S. 1390, as a tool to accomplish the objectives of the to authorize appropriations for fiscal (9) On June 10, 2008, the Government of North Korea issued a statement, subse- United States with respect to North Korea, year 2010 for military activities of the quently conveyed directly to the United including completely eliminating North Ko- Department of Defense, for military States Government, affirming that North rea’s nuclear weapons programs, preventing construction, and for defense activities Korea, ‘‘will firmly maintain its consistent North Korean proliferation of weapons of of the Department of Energy, to pre- stand of opposing all forms of terrorism and mass destruction, and encouraging North scribe military personnel strengths for any support to it and will fulfill its responsi- Korea to abide by international norms with respect to human rights. such fiscal year, and for other pur- bility and duty in the struggle against ter- (c) SENSE OF THE SENATE.—It is the sense poses; as follows: rorism.’’. (10) The June 10, 2008, statement by the of the Senate that— At the end of subtitle C of title XII, add Government of North Korea also pledged (1) the United States should— the following: that North Korea would take ‘‘active part in (A) vigorously enforce United Nations Se- SEC. 1232. SENSE OF THE SENATE ON ENFORCE- the international efforts to prevent sub- curity Council Resolutions 1718 (2006) and MENT AND IMPOSITION OF SANC- stance, equipment and technology to be used 1874 (2009) and other sanctions in place with TIONS WITH RESPECT TO NORTH respect to North Korea under United States KOREA; REVIEW TO DETERMINE for the production of nukes and biochemical WHETHER NORTH KOREA SHOULD and radioactive weapons from finding their law; BE RE-LISTED AS A STATE SPONSOR ways to the terrorists and the organizations (B) urge all member states of the United OF TERRORISM. that support them’’. Nations to fully implement the sanctions (a) FINDINGS.—The Senate makes the fol- (11) On June 26, 2008, President George W. imposed by United Nations Security Council lowing findings: Bush certified that— Resolutions 1718 and 1874; and (1) On April 5, 2009, the Government of (A) the Government of North Korea had (C) explore the imposition of additional North Korea tested an intermediate range not provided any support for international unilateral and multilateral sanctions ballistic missile in violation of United Na- terrorism during the preceding 6-month pe- against North Korea in furtherance of United tions Security Council Resolutions 1695 (2006) riod; and States national security; and 1718 (2006). (B) the Government of North Korea had (2) the conduct of North Korea constitutes (2) On April 5, 2009, President Barack provided assurances that it will not support a threat to the northeast Asian region and to Obama issued a statement on North Korea, acts of international terrorism in the future. international peace and security; stating that ‘‘Preventing the proliferation of (12) The President’s June 26 certification (3) if the United States determines that the weapons of mass destruction and their means concluded, based on all available informa- Government of North Korea has provided as- of delivery is a high priority for my adminis- tion, that there was ‘‘no credible evidence at sistance to terrorists or engaged in state tration’’, and adding, ‘‘North Korea has ig- this time of ongoing support by the DPRK sponsored acts of terrorism, the Secretary of nored its international obligations, rejected for international terrorism’’ and that ‘‘there State should immediately list North Korea unequivocal calls for restraint, and further is no credible or sustained reporting at this as a state sponsor of terrorism; and isolated itself from the community of na- time that supports allegations (including as (4) if the United States determines that the tions’’. cited in recent reports by the Congressional Government of North Korea has failed to ful- (3) On April 15, 2009, the Government of Research Service) that the DPRK has pro- fill its June 10, 2008, pledges, the Secretary of North Korea announced it was expelling vided direct or witting support for Hezbollah, State should immediately list North Korea international inspectors from its Yongbyon Tamil Tigers, or the Iranian Revolutionary as a state sponsor of terrorism. nuclear facility and ending its participation Guard’’. (d) STATE SPONSOR OF TERRORISM DE- in the Six Party Talks for the (13) The State Department’s Country Re- FINED.—For purposes of this section, the Denuclearization of the Korean Peninsula. ports on Terrorism 2008, in a section on term ‘‘state sponsor of terrorism’’ means a (4) On May 25, 2009, the Government of North Korea, state, ‘‘The Democratic Peo- country that has repeatedly provided sup- North Korea conducted a second nuclear ple’s Republic of Korea (DPRK) was not port for acts of international terrorism for test, in disregard of United Nations Security known to have sponsored any terrorist acts purposes of—

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7932 CONGRESSIONAL RECORD — SENATE July 22, 2009 (1) section 6(j) of the Export Administra- 8(a)(1)(D)(i)(II) of the Small Business Act (15 braska, Mr. BENNETT, Mr. CORNYN, Mr. tion Act of 1979 (50 U.S.C. App. 2405(j)) (as U.S.C. 637(a)(1)(D)(i)(II)) on the basis of com- ISAKSON, Ms. CANTWELL, Mrs. SHAHEEN, petition conducted in accordance with sec- continued in effect pursuant to the Inter- Mr. BURRIS, Mr. VITTER, Mr. CASEY, national Emergency Economic Powers Act tion 8(a)(1)(D) of the Small Business Act (15 Mr. PRYOR, Mr. BYRD, Mr. UDALL of (50 U.S.C. 1701 et seq.)); U.S.C. 637(a)(1)(D)). (2) section 40 of the Arms Export Control ‘‘(B) AMOUNT OF THRESHOLDS.—The amount New Mexico, Mrs. FEINSTEIN, Mr. DUR- Act (22 U.S.C. 2780); or of the dollar thresholds under paragraph BIN, Mrs. MURRAY, Mr. WARNER, Mrs. (3) section 620A of the Foreign Assistance (2)(B) shall be construed to be the same as HUTCHISON, Mr. ALEXANDER, Mr. Act of 1961 (22 U.S.C. 2371). the thresholds under section 8(a)(1)(D)(i)(II) CONRAD, Mr. BROWNBACK, Mr. SPECTER, of the Small Business Act (15 U.S.C. Mr. WICKER, Mr. BURR, Mr. LIEBERMAN, 637(a)(1)(D)(i)(II)), as adjusted in accordance SA 1762. Mrs. MCCASKILL (for her- Mr. ROBERTS, Mr. RISCH, Mrs. LINCOLN, with section 35A of the Office of Federal Pro- self and Ms. COLLINS) submitted an Mr. THUNE, Mr. BOND, Mr. BAYH, Mr. amendment intended to be proposed by curement Policy Act (41 U.S.C. 431a).’’. (b) CONTRACTING BONUS.—Section 504 of the NELSON of Florida, Mr. FRANKEN, Mr. her to the bill S. 1390, to authorize ap- Indian Financing Act of 1974 (25 U.S.C. 1544) ENSIGN, Mr. LEAHY, Mr. KENNEDY, Mr. propriations for fiscal year 2010 for is amended— WYDEN, Mr. CARDIN, Mr. BEGICH, Mrs. military activities of the Department (1) by striking ‘‘Notwithstanding’’ and in- GILLIBRAND, Mr. INHOFE, Mr. COCHRAN, of Defense, for military construction, serting ‘‘(a) Except as provided in subsection Mr. WEBB, Mr. ENZI, Mr. MERKLEY, Mr. (b), and notwithstanding’’; and and for defense activities of the De- CORKER, Mr. KERRY, Mr. GRASSLEY, Mr. (2) by adding at the end the following: partment of Energy, to prescribe mili- GREGG, Mr. WHITEHOUSE, Mr. DEMINT, tary personnel strengths for such fiscal ‘‘(b) Subsection (a) shall not apply if the subcontractor or supplier, including the In- Mr. JOHANNS, Mr. COBURN, Mr. LUGAR, year, and for other purposes; which was dian organization or Indian-owned economic Ms. MURKOWSKI, Mr. TESTER, Mr. ordered to lie on the table; as follows: enterprise that owns the subcontractor or CRAPO, and Mr. KAUFMAN) submitted an At the end of subtitle H of title X, add the supplier, is affiliated with the contractor.’’. amendment intended to be proposed by following: him to the bill S. 1390, to authorize ap- Mr. CARDIN submitted an SEC. 1083. CONTRACTING PROGRAMS. SA 1763. propriations for fiscal year 2010 for amendment intended to be proposed by (a) 8(a) PROGRAM.—Section 602(a) of the military activities of the Department him to the bill S. 1390, to authorize ap- Business Opportunity Development Reform of Defense, for military construction, propriations for fiscal year 2010 for Act of 1988 (15 U.S.C. 637 note) is amended— and for defense activities of the De- (1) by striking ‘‘Section 8(a)(1)(D)’’ and in- military activities of the Department partment of Energy, to prescribe mili- serting the following: of Defense, for military construction, tary personnel strengths for such fiscal ‘‘(1) IN GENERAL.—Except as provided in and for defense activities of the De- paragraph (2), section 8(a)(1)(D)’’; and partment of Energy, to prescribe mili- year, and for other purposes; which was (2) by adding at the end the following: tary personnel strengths for such fiscal ordered to lie on the table; as follows: ‘‘(2) DEPARTMENT OF DEFENSE CONTRACTS.— A contract opportunity for award by or on year, and for other purposes; which was On page 166, before line 18, insert the fol- behalf of the Department of Defense under ordered to lie on the table; as follows: lowing: section 8(a) of the Small Business Act (15 At the end of subtitle C of title VII, add Subtitle H—Military Voting U.S.C. 637(a)) shall be awarded on the basis of the following: competition restricted to eligible Program SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS SEC. 581. SHORT TITLE. Participants that are owned and controlled FOR TROOPS SERVING IN IRAQ AND This subtitle may be cited as the ‘‘Military by economically disadvantaged Indian AFGHANISTAN. and Overseas Voter Empowerment Act’’. tribes, as defined pursuant to paragraphs (4) (a) REPORT.— and (13) of section 8(a) of the Small Business (1) IN GENERAL.—Not later than June 30, SEC. 582. FINDINGS. Act (15 U.S.C. 637(a)(4) and (13)), if— 2010, and annually thereafter until June 30, Congress makes the following findings: ‘‘(A) there is a reasonable expectation 2015, the Secretary of Defense shall submit (1) The right to vote is a fundamental that— to Congress a report on the prescription of right. ‘‘(i) at least 2 eligible Program Partici- antidepressants and drugs to treat anxiety (2) Due to logistical, geographical, oper- pants that are owned and controlled by eco- for troops serving in Iraq and Afghanistan. ational and environmental barriers, military nomically disadvantaged Indian tribes will (2) CONTENT.—The report required under and overseas voters are burdened by many submit offers; and paragraph (1) shall include— obstacles that impact their right to vote and ‘‘(ii) the award can be made at a fair mar- (A) the numbers and percentages of troops register to vote, the most critical of which ket price; and that have served or are serving in Iraq and include problems transmitting balloting ma- ‘‘(B) the anticipated award price of the Afghanistan since January 1, 2005, who have terials and not being given enough time to contract (including options) will exceed— been prescribed antidepressants or drugs to vote. ‘‘(i) $5,500,000 in the case of a contract op- treat anxiety, including psychotropic drugs (3) States play an essential role in facili- portunity assigned a standard industrial such as Selective Serotonin Reuptake Inhibi- tating the ability of military and overseas classification code for manufacturing; and tors (SSRIs); and voters to register to vote and have their bal- ‘‘(ii) $3,500,000 in the case of all other con- (B) the policies and patient management lots cast and counted, especially with re- tract opportunities. practices of the Department of Defense with spect to timing and improvement of absentee ‘‘(3) DISCRETION FOR CONTRACTING OFFICERS respect to the prescription of such drugs. voter registration and absentee ballot proce- IN DEPARTMENT OF DEFENSE CONTRACTS.—Not- (b) DEPARTMENT OF DEFENSE STUDY.— dures. withstanding paragraph (2), for any con- (1) STUDY.—The Department of Defense (4) The Department of Defense educates tracting opportunity for award by or on be- shall contract with an independent entity to military and overseas voters of their rights half of the Department of Defense under sec- conduct a study on the potential relation- under the Uniformed and Overseas Citizens tion 8(a) of the Small Business Act (15 U.S.C. ship between the increased number of sui- Absentee Voting Act and plays an indispen- 637(a)), the contracting officer may, in the cides and attempted suicides by members of sable role in facilitating the procedural discretion of the contracting officer, and if the Armed Forces and the increased number channels that allow military and overseas the contracting opportunity meets the re- of antidepressants, drugs to treat anxiety, voters to have their votes count. quirements of such provision, award the con- other psychotropics, and other behavior (5) The local, State, and Federal Govern- tracting opportunity— modifying prescription medications being ment entities involved with getting ballots ‘‘(A) on the basis of a competition con- prescribed, including any combination or to military and overseas voters must work in ducted in accordance with paragraph (2) of interactions of such prescriptions. The De- conjunction to provide voter registration this subsection; or partment of Defense shall immediately make services and balloting materials in a secure ‘‘(B) on the basis of a competition con- available to such contracting entity all data and expeditious manner. ducted in accordance with section 8(a)(1)(D) necessary to complete the study. of the Small Business Act (15 U.S.C. (2) REPORT ON FINDINGS.—Not later than SEC. 583. CLARIFICATION REGARDING DELEGA- TION OF STATE RESPONSIBILITIES. 637(a)(1)(D)). two years after the date of the enactment of ‘‘(4) RULES OF CONSTRUCTION.— this Act, the Secretary of Defense shall sub- A State may delegate its responsibilities ‘‘(A) IN GENERAL.—Nothing in this submit to Congress a report on the findings of in carrying out the requirements under the section shall be construed to limit the au- the study conducted pursuant to paragraph Uniformed and Overseas Citizens Absentee thority of a department or agency of the (1). Voting Act (42 U.S.C. 1973ff et seq.) imposed United States to award a contract oppor- as a result of the provisions of and amend- tunity offered for award that is above the SA 1764. Mr. SCHUMER (for himself, ments made by this Act to jurisdictions of thresholds identified in section Mr. CHAMBLISS, Mr. NELSON of Ne- the State.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7933

SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ‘‘(4) AVAILABILITY AND MAINTENANCE OF ON- ‘‘(B) by which the absent uniformed serv- ABSENT UNIFORMED SERVICES VOT- LINE REPOSITORY OF STATE CONTACT INFORMA- ices voter or overseas voter can designate ERS AND OVERSEAS VOTERS TO RE- TION.—The Federal Voting Assistance Pro- whether they prefer for such blank absentee QUEST AND FOR STATES TO SEND VOTER REGISTRATION APPLICA- gram of the Department of Defense shall ballot to be transmitted by mail or elec- TIONS AND ABSENTEE BALLOT AP- maintain and make available to the public tronically. PLICATIONS BY MAIL AND ELEC- an online repository of State contact infor- ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI- TRONICALLY. mation with respect to elections for Federal CATED.—In the case where an absent uni- (a) IN GENERAL.—Section 102 of the Uni- office, including the single State office des- formed services voter or overseas voter does formed and Overseas Citizens Absentee Vot- ignated under subsection (b) and the means not designate a preference under paragraph ing Act (42 U.S.C. 1973ff–1) is amended— of electronic communication designated (1)(B), the State shall transmit the ballot by (1) in subsection (a)— under paragraph (1), to be used by absent any delivery method allowable in accordance (A) in paragraph (4), by striking ‘‘and’’ at uniformed services voters and overseas vot- with applicable State law, or if there is no the end; ers as a resource to send voter registration applicable State law, by mail. (B) in paragraph (5), by striking the period applications and absentee ballot applications ‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— at the end and inserting ‘‘; and’’; and to the appropriate jurisdiction in the State. ‘‘(A) SECURITY PROTECTIONS.—To the extent (C) by adding at the end the following new ‘‘(5) TRANSMISSION IF NO PREFERENCE INDI- practicable, States shall ensure that the pro- paragraph: CATED.—In the case where an absent uni- cedures established under subsection (a)(7) ‘‘(6) in addition to any other method of formed services voter or overseas voter does protect the security and integrity of absen- registering to vote or applying for an absen- not designate a preference under subsection tee ballots. tee ballot in the State, establish proce- (a)(6)(C), the State shall transmit the voter ‘‘(B) PRIVACY PROTECTIONS.—To the extent dures— registration application or absentee ballot practicable, the procedures established under ‘‘(A) for absent uniformed services voters application by any delivery method allow- subsection (a)(7) shall ensure that the pri- and overseas voters to request by mail and able in accordance with applicable State law, vacy of the identity and other personal data electronically voter registration applica- or if there is no applicable State law, by of an absent uniformed services voter or tions and absentee ballot applications with mail. overseas voter to whom a blank absentee respect to general, special, primary, and run- ‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— ballot is transmitted under such subsection off elections for Federal office in accordance ‘‘(A) SECURITY PROTECTIONS.—To the extent is protected throughout the process of such with subsection (e); practicable, States shall ensure that the pro- transmission.’’. ‘‘(B) for States to send by mail and elec- cedures established under subsection (a)(6) (b) EFFECTIVE DATE.—The amendments tronically (in accordance with the preferred protect the security and integrity of the made by this section shall apply with respect method of transmission designated by the voter registration and absentee ballot appli- absent uniformed services voter or overseas cation request processes. to the regularly scheduled general election voter under subparagraph (C)) voter registra- ‘‘(B) PRIVACY PROTECTIONS.—To the extent for Federal office held in November 2010 and tion applications and absentee ballot appli- practicable, the procedures established under each succeeding election for Federal office. cations requested under subparagraph (A) in subsection (a)(6) shall ensure that the pri- SEC. 586. ENSURING ABSENT UNIFORMED SERV- accordance with subsection (e); and vacy of the identity and other personal data ‘‘(C) by which the absent uniformed serv- ICES VOTERS AND OVERSEAS VOT- of an absent uniformed services voter or ices voter or overseas voter can designate ERS HAVE TIME TO VOTE. overseas voter who requests or is sent a whether they prefer for such voter registra- voter registration application or absentee (a) IN GENERAL.—Section 102 of the Uni- tion application or absentee ballot applica- ballot application under such subsection is formed and Overseas Citizens Absentee Vot- tion to be transmitted by mail or electroni- protected throughout the process of making ing Act (42 U.S.C. 1973ff–1(a)(1)), as amended cally.’’; and such request or being sent such applica- by section 585, is amended— (2) by adding at the end the following new tion.’’. (1) in subsection (a)— subsection: (b) EFFECTIVE DATE.—The amendments (A) in paragraph (6), by striking ‘‘and’’ at ‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC made by this section shall apply with respect the end; COMMUNICATION FOR ABSENT UNIFORMED to the regularly scheduled general election (B) in paragraph (7), by striking the period SERVICES VOTERS AND OVERSEAS VOTERS TO for Federal office held in November 2010 and at the end and inserting a semicolon; and REQUEST AND FOR STATES TO SEND VOTER each succeeding election for Federal office. (C) by adding at the end the following new REGISTRATION APPLICATIONS AND ABSENTEE paragraph: BALLOT APPLICATIONS, AND FOR OTHER PUR- SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT BLANK AB- ‘‘(8) transmit a validly requested absentee POSES RELATED TO VOTING INFORMATION.— SENTEE BALLOTS BY MAIL AND ballot to an absent uniformed services voter ‘‘(1) IN GENERAL.—Each State shall, in ad- ELECTRONICALLY TO ABSENT UNI- dition to the designation of a single State of- or overseas voter— FORMED SERVICES VOTERS AND ‘‘(A) except as provided in subsection (g), fice under subsection (b), designate not less OVERSEAS VOTERS. in the case where the request is received at than 1 means of electronic communication— (a) IN GENERAL.—Section 102 of the Uni- least 45 days before an election for Federal ‘‘(A) for use by absent uniformed services formed and Overseas Citizens Absentee Vot- office, not later than 45 days before the elec- voters and overseas voters who wish to reg- ing Act (42 U.S.C. 1973ff–1), as amended by tion; and ister to vote or vote in any jurisdiction in section 584, is amended— ‘‘(B) in the case where the request is re- the State to request voter registration appli- (1) in subsection (a)— ceived less than 45 days before an election cations and absentee ballot applications (A) in paragraph (5), by striking ‘‘and’’ at for Federal office— under subsection (a)(6); the end; ‘‘(i) in accordance with State law; and ‘‘(B) for use by States to send voter reg- (B) in paragraph (6), by striking the period ‘‘(ii) if practicable and as determined ap- istration applications and absentee ballot at the end and inserting ‘‘; and’’; and propriate by the State, in a manner that ex- applications requested under such sub- (C) by adding at the end the following new pedites the transmission of such absentee section; and paragraph: ballot.’’. ‘‘(C) for the purpose of providing related ‘‘(7) in addition to any other method of (2) by adding at the end the following new voting, balloting, and election information transmitting blank absentee ballots in the subsection: to absent uniformed services voters and State, establish procedures for transmitting overseas voters. by mail and electronically blank absentee ‘‘(g) HARDSHIP EXEMPTION.— ‘‘(2) CLARIFICATION REGARDING PROVISION OF ballots to absent uniformed services voters ‘‘(1) IN GENERAL.—If the chief State elec- MULTIPLE MEANS OF ELECTRONIC COMMUNICA- and overseas voters with respect to general, tion official determines that the State is un- TION.—A State may, in addition to the means special, primary, and runoff elections for able to meet the requirement under sub- of electronic communication so designated, Federal office in accordance with subsection section (a)(8)(A) with respect to an election provide multiple means of electronic com- (f).’’; and for Federal office due to an undue hardship munication to absent uniformed services (2) by adding at the end the following new described in paragraph (2)(B), the chief State voters and overseas voters, including a subsection: election official shall request that the Presi- means of electronic communication for the ‘‘(f) TRANSMISSION OF BLANK ABSENTEE dential designee grant a waiver to the State appropriate jurisdiction of the State. BALLOTS BY MAIL AND ELECTRONICALLY.— of the application of such subsection. Such ‘‘(3) INCLUSION OF DESIGNATED MEANS OF ‘‘(1) IN GENERAL.—Each State shall estab- request shall include— ELECTRONIC COMMUNICATION WITH INFORMA- lish procedures— ‘‘(A) a recognition that the purpose of such TIONAL AND INSTRUCTIONAL MATERIALS THAT ‘‘(A) to transmit blank absentee ballots by subsection is to allow absent uniformed serv- ACCOMPANY BALLOTING MATERIALS.—Each mail and electronically (in accordance with ices voters and overseas voters enough time State shall include a means of electronic the preferred method of transmission des- to vote in an election for Federal office; communication so designated with all infor- ignated by the absent uniformed services ‘‘(B) an explanation of the hardship that mational and instructional materials that voter or overseas voter under subparagraph indicates why the State is unable to trans- accompany balloting materials sent by the (B)) to absent uniformed services voters and mit absent uniformed services voters and State to absent uniformed services voters overseas voters for an election for Federal overseas voters an absentee ballot in accord- and overseas voters. office; and ance with such subsection;

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7934 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(C) the number of days prior to the elec- (3) by adding at the end the following new ‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNI- tion for Federal office that the State re- paragraph: FORMED SERVICES VOTERS ON PROCEDURES.— quires absentee ballots be transmitted to ab- ‘‘(9) if the State declares or otherwise The Presidential designee shall take appro- sent uniformed services voters and overseas holds a runoff election for Federal office, es- priate actions to inform individuals who are voters; and tablish a written plan that provides absentee anticipated to be absent overseas uniformed ‘‘(D) a comprehensive plan to ensure that ballots are made available to absent uni- services voters in a regularly scheduled gen- absent uniformed services voters and over- formed services voters and overseas voters in eral election for Federal office to which this seas voters are able to receive absentee bal- manner that gives them sufficient time to section applies of the procedures for the col- lots which they have requested and submit vote in the runoff election.’’. lection and delivery of marked absentee bal- marked absentee ballots to the appropriate (c) EFFECTIVE DATE.—The amendments lots established pursuant to this section, in- State election official in time to have that made by this section shall apply with respect cluding the manner in which such voters ballot counted in the election for Federal of- to the regularly scheduled general election may utilize such procedures for the sub- fice, which includes— for Federal office held in November 2010 and mittal of marked absentee ballots pursuant ‘‘(i) the steps the State will undertake to each succeeding election for Federal office. to this section. ensure that absent uniformed services voters SEC. 587. PROCEDURES FOR COLLECTION AND ‘‘(d) ABSENT OVERSEAS UNIFORMED SERV- and overseas voters have time to receive, DELIVERY OF MARKED ABSENTEE ICES VOTER DEFINED.—In this section, the BALLOTS OF ABSENT OVERSEAS term ‘absent overseas uniformed services mark, and submit their ballots in time to UNIFORMED SERVICES VOTERS. voter’ means an overseas voter described in have those ballots counted in the election; (a) IN GENERAL.—The Uniformed and Over- ‘‘(ii) why the plan provides absent uni- seas Citizens Absentee Voting Act (42 U.S.C. section 107(5)(A). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— formed services voters and overseas voters 1973ff et seq.) is amended by inserting after There are authorized to be appropriated to sufficient time to vote as a substitute for the section 103 the following new section: the Presidential designee such sums as may requirements under such subsection; and ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND ‘‘(iii) the underlying factual information DELIVERY OF MARKED ABSENTEE be necessary to carry out this section.’’. which explains how the plan provides such BALLOTS OF ABSENT OVERSEAS (b) CONFORMING AMENDMENT.—Section sufficient time to vote as a substitute for UNIFORMED SERVICES VOTERS. 101(b) of such Act (42 U.S.C. 1973ff(b)) is such requirements. ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The amended— ‘‘(2) APPROVAL OF WAIVER REQUEST.—After Presidential designee shall establish proce- (1) by striking ‘‘and’’ at the end of para- consulting with the Attorney General, the dures for collecting marked absentee ballots graph (6); Presidential designee shall approve a waiver of absent overseas uniformed services voters (2) by striking the period at the end of request under paragraph (1) if the Presi- in regularly scheduled general elections for paragraph (7) and inserting ‘‘; and’’; and dential designee determines each of the fol- Federal office, including absentee ballots (3) by adding at the end the following new lowing requirements are met: prepared by States and the Federal write-in paragraph: ‘‘(A) The comprehensive plan under sub- absentee ballot prescribed under section 103, ‘‘(8) carry out section 103A with respect to paragraph (D) of such paragraph provides ab- and for delivering such marked absentee bal- the collection and delivery of marked absen- sent uniformed services voters and overseas lots to the appropriate election officials. tee ballots of absent overseas uniformed voters sufficient time to receive absentee ‘‘(b) DELIVERY TO APPROPRIATE ELECTION services voters in elections for Federal of- OFFICIALS.— ballots they have requested and submit fice.’’. ‘‘(1) IN GENERAL.—Under the procedures es- marked absentee ballots to the appropriate (c) STATE RESPONSIBILITIES.—Section 102(a) tablished under this section, the Presidential State election official in time to have that of such Act (42 U.S.C. 1973ff–1(a)), as amended designee shall implement procedures that fa- ballot counted in the election for Federal of- by section 586, is amended— cilitate the delivery of marked absentee bal- fice. (1) in paragraph (8), by striking ‘‘and’’ at lots of absent overseas uniformed services ‘‘(B) One or more of the following issues the end; voters for regularly scheduled general elec- creates an undue hardship for the State: (2) in paragraph (9), by striking the period tions for Federal office to the appropriate ‘‘(i) The State’s primary election date pro- at the end and inserting ‘‘; and’’; and election officials, in accordance with this (3) by adding the following new paragraph: hibits the State from complying with subsection, not later than the date by which an section (a)(8)(A). ‘‘(10) carry out section 103A(b)(1) with re- absentee ballot must be received in order to spect to the processing and acceptance of ‘‘(ii) The State has suffered a delay in gen- be counted in the election. erating ballots due to a legal contest. marked absentee ballots of absent overseas ‘‘(2) COOPERATION AND COORDINATION WITH ‘‘(iii) The State Constitution prohibits the uniformed services voters.’’. THE UNITED STATES POSTAL SERVICE.—The (d) TRACKING MARKED BALLOTS.—Section State from complying with such subsection. Presidential designee shall carry out this 102 of such Act (42 U.S.C. 1973ff–1(a)), as ‘‘(3) TIMING OF WAIVER.— section in cooperation and coordination with amended by section 586, is amended by add- ‘‘(A) IN GENERAL.—Except as provided the United States Postal Service, and shall ing at the end the following new subsection: under subparagraph (B), a State that re- provide expedited mail delivery service for ‘‘(h) TRACKING MARKED BALLOTS.—The quests a waiver under paragraph (1) shall all such marked absentee ballots of absent chief State election official, in coordination submit to the Presidential designee the writ- uniformed services voters that are collected with local election jurisdictions, shall de- ten waiver request not later than 90 days be- on or before the deadline described in para- velop a free access system by which an ab- fore the election for Federal office with re- graph (3) and then transferred to the United sent uniformed services voter or overseas spect to which the request is submitted. The States Postal Service. voter may determine whether the absentee Presidential designee shall approve or deny ‘‘(3) DEADLINE DESCRIBED.— ballot of the absent uniformed services voter the waiver request not later than 65 days be- ‘‘(A) IN GENERAL.—Except as provided in or overseas voter has been received by the fore such election. subparagraph (B), the deadline described in appropriate State election official.’’. ‘‘(B) EXCEPTION.—If a State requests a this paragraph is noon (in the location in (e) PROTECTING VOTER PRIVACY AND SE- waiver under paragraph (1) as the result of which the ballot is collected) on the seventh CRECY OF ABSENTEE BALLOTS.—Section 101(b) an undue hardship described in paragraph day preceding the date of the regularly of the Uniformed and Overseas Citizens Ab- (2)(B)(ii), the State shall submit to the Presi- scheduled general election for Federal office. sentee Voting Act (42 U.S.C. 1973ff(b)), as dential designee the written waiver request ‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE amended by subsection (b), is amended— as soon as practicable. The Presidential des- DEADLINE FOR CERTAIN LOCATIONS.—If the (1) by striking ‘‘and’’ at the end of para- ignee shall approve or deny the waiver re- Presidential designee determines that the graph (7); quest not later than 5 business days after the deadline described in subparagraph (A) is not (2) by striking the period at the end of date on which the request is received. sufficient to ensure timely delivery of the paragraph (8) and inserting ‘‘; and’’; and ‘‘(4) APPLICATION OF WAIVER.—A waiver ap- ballot under paragraph (1) with respect to a (3) by adding at the end the following new proved under paragraph (2) shall only apply particular location because of remoteness or paragraph: with respect to the election for Federal of- other factors, the Presidential designee may ‘‘(9) to the greatest extent practicable, fice for which the request was submitted. establish as an alternative deadline for that take such actions as may be necessary— For each subsequent election for Federal of- location the latest date occurring prior to ‘‘(A) to ensure that absent uniformed serv- fice, the Presidential designee shall only ap- the deadline described in subparagraph (A) ices voters who cast absentee ballots at loca- prove a waiver if the State has submitted a which is sufficient to provide timely delivery tions or facilities under the jurisdiction of request under paragraph (1) with respect to of the ballot under paragraph (1). the Presidential designee are able to do so in such election.’’. ‘‘(4) NO POSTAGE REQUIREMENT.—In accord- a private and independent manner; and (b) RUNOFF ELECTIONS.—Section 102(a) of ance with section 3406 of title 39, United ‘‘(B) to protect the privacy of the contents the Uniformed and Overseas Citizens Absen- States Code, such marked absentee ballots of absentee ballots cast by absentee uni- tee Voting Act (42 U.S.C. 1973ff–1(a)), as and other balloting materials shall be car- formed services voters and overseas voters amended by subsection (a), is amended— ried free of postage. while such ballots are in the possession or (1) in paragraph (7), by striking ‘‘and’’ at ‘‘(5) DATE OF MAILING.—Such marked ab- control of the Presidential designee.’’. the end; sentee ballots shall be postmarked with a (f) EFFECTIVE DATE.—The amendments (2) in paragraph (8), by striking the period record of the date on which the ballot is made by this section shall apply with respect at the end and inserting ‘‘; and’’; and mailed. to the regularly scheduled general election

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7935 for Federal office held in November 2010 and seas voter solely on the basis of the fol- ‘‘(10) carry out section 103B with respect to each succeeding election for Federal office. lowing: Federal Voting Assistance Program Improve- SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT. ‘‘(1) Notarization requirements. ments.’’; and (a) USE IN GENERAL, SPECIAL, PRIMARY, AND ‘‘(2) Restrictions on paper type, including (B) by adding at the end the following new RUNOFF ELECTIONS FOR FEDERAL OFFICE.— weight and size. subsection: (1) IN GENERAL.—Section 103 of the Uni- ‘‘(3) Restrictions on envelope type, includ- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS formed and Overseas Citizens Absentee Vot- ing weight and size.’’. FOR CARRYING OUT FEDERAL VOTING ASSIST- ing Act (42 U.S.C. 1973ff–2) is amended— (b) FEDERAL WRITE-IN ABSENTEE BALLOT.— ANCE PROGRAM IMPROVEMENTS.—There are (A) in subsection (a), by striking ‘‘general Section 103 of such Act (42 U.S.C. 1973ff–2) is authorized to be appropriated to the Presi- elections for Federal office’’ and inserting amended— dential designee such sums as are necessary ‘‘general, special, primary, and runoff elec- (1) by redesignating subsection (f) as sub- for purposes of carrying out subsection tions for Federal office’’; section (g); and (b)(10).’’. (b) VOTER REGISTRATION ASSISTANCE FOR (B) in subsection (e), in the matter pre- (2) by inserting after subsection (e) the fol- ABSENT UNIFORMED SERVICES VOTERS.—Sec- ceding paragraph (1), by striking ‘‘a general lowing new subsection: tion 102 of the Uniformed and Overseas Citi- election’’ and inserting ‘‘a general, special, ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BAL- zens Absentee Voting Act (42 U.S.C. 1973ff–1), LOT FOR FAILURE TO MEET CERTAIN REQUIRE- primary, or runoff election for Federal of- as amended by section 589, is amended by MENTS.—A State shall not refuse to accept fice’’; and adding at the end the following new sub- and process any otherwise valid Federal (C) in subsection (f), by striking ‘‘the gen- section: eral election’’ each place it appears and in- write-in absentee ballot submitted in any ‘‘(j) VOTER REGISTRATION ASSISTANCE FOR serting ‘‘the general, special, primary, or manner by an absent uniformed services ABSENT UNIFORMED SERVICES VOTERS.— runoff election for Federal office’’. voter or overseas voter solely on the basis of ‘‘(1) DESIGNATING AN OFFICE AS A VOTER (2) EFFECTIVE DATE.—The amendments the following: REGISTRATION AGENCY ON EACH INSTALLATION made by this subsection shall take effect on ‘‘(1) Notarization requirements. OF THE ARMED FORCES.—Not later than 180 December 31, 2010, and apply with respect to ‘‘(2) Restrictions on paper type, including days after the date of enactment of this sub- elections for Federal office held on or after weight and size. section, each Secretary of a military depart- such date. ‘‘(3) Restrictions on envelope type, includ- ment shall take appropriate actions to des- (b) PROMOTION AND EXPANSION OF USE.— ing weight and size.’’. ignate an office on each installation of the Section 103(a) of the Uniformed and Overseas (c) EFFECTIVE DATE.—The amendments Armed Forces under the jurisdiction of such Citizens Absentee Voting Act (42 U.S.C. made by this section shall apply with respect Secretary (excluding any installation in a 1973ff–2) is amended— to the regularly scheduled general election theater of combat), consistent across every (1) by striking ‘‘GENERAL.—The Presi- for Federal office held in November 2010 and installation of the department of the Sec- dential’’ and inserting ‘‘GENERAL.— each succeeding election for Federal office. retary concerned, to provide each individual ‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— SEC. 590. FEDERAL VOTING ASSISTANCE PRO- described in paragraph (3)— The Presidential’’; and GRAM IMPROVEMENTS. ‘‘(A) written information on voter registra- (2) by adding at the end the following new (a) FEDERAL VOTING ASSISTANCE PROGRAM tion procedures and absentee ballot proce- paragraph: IMPROVEMENTS.— dures (including the official post card form ‘‘(2) PROMOTION AND EXPANSION OF USE OF (1) IN GENERAL.—The Uniformed and Over- prescribed under section 101); FEDERAL WRITE-IN ABSENTEE BALLOTS.— seas Citizens Absentee Voting Act (42 U.S.C. ‘‘(B) the opportunity to register to vote in ‘‘(A) IN GENERAL.—Not later than Decem- 1973ff et seq.), as amended by section 587, is an election for Federal office; ber 31, 2011, the Presidential designee shall amended by inserting after section 103A the ‘‘(C) the opportunity to update the individ- adopt procedures to promote and expand the following new section: ual’s voter registration information, includ- use of the Federal write-in absentee ballot as ‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PRO- ing clear written notice and instructions for a back-up measure to vote in elections for GRAM IMPROVEMENTS. the absent uniformed services voter to Federal office. ‘‘(a) DUTIES.—The Presidential designee change their address by submitting the offi- ‘‘(B) USE OF TECHNOLOGY.—Under such pro- shall carry out the following duties: cial post card form prescribed under section cedures, the Presidential designee shall uti- ‘‘(1) Develop online portals of information 101 to the appropriate State election official; lize technology to implement a system under to inform absent uniformed services voters and which the absent uniformed services voter or regarding voter registration procedures and ‘‘(D) the opportunity to request an absen- overseas voter may— absentee ballot procedures to be used by tee ballot under this Act. ‘‘(i) enter the address of the voter or other such voters with respect to elections for Fed- ‘‘(2) DEVELOPMENT OF PROCEDURES.—Each information relevant in the appropriate ju- eral office. Secretary of a military department shall de- risdiction of the State, and the system will ‘‘(2) Establish a program to notify absent velop, in consultation with each State and generate a list of all candidates in the elec- uniformed services voters of voter registra- the Presidential designee, the procedures tion for Federal office in that jurisdiction; tion information and resources, the avail- necessary to provide the assistance described and ability of the Federal postcard application, in paragraph (1). ‘‘(ii) submit the marked Federal write-in and the availability of the Federal write-in ‘‘(3) INDIVIDUALS DESCRIBED.—The following absentee ballot by printing the ballot (in- absentee ballot on the military Global Net- individuals are described in this paragraph: cluding complete instructions for submitting work, and shall use the military Global Net- ‘‘(A) An absent uniformed services voter— the marked Federal write-in absentee ballot work to notify absent uniformed services ‘‘(i) who is undergoing a permanent change to the appropriate State election official and voters of the foregoing 90, 60, and 30 days of duty station; the mailing address of the single State office prior to each election for Federal office. ‘‘(ii) who is deploying overseas for at least designated under section 102(b)). ‘‘(b) CLARIFICATION REGARDING OTHER DU- 6 months; ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— TIES AND OBLIGATIONS.—Nothing in this sec- ‘‘(iii) who is or returning from an overseas There are authorized to be appropriated to tion shall relieve the Presidential designee deployment of at least 6 months; or the Presidential designee such sums as may of their duties and obligations under any di- ‘‘(iv) who at any time requests assistance be necessary to carry out this paragraph.’’. rectives or regulations issued by the Depart- related to voter registration. SEC. 589. PROHIBITING REFUSAL TO ACCEPT ment of Defense, including the Department ‘‘(B) All other absent uniformed services VOTER REGISTRATION AND ABSEN- of Defense Directive 1000.04 (or any successor voters (as defined in section 107(1)). TEE BALLOT APPLICATIONS, directive or regulation) that is not incon- ‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— MARKED ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE BAL- sistent or contradictory to the provisions of The assistance described in paragraph (1) LOTS FOR FAILURE TO MEET CER- this section. shall be provided to an absent uniformed TAIN REQUIREMENTS. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— services voter— (a) VOTER REGISTRATION AND ABSENTEE There are authorized to be appropriated to ‘‘(A) described in clause (i) of paragraph BALLOT APPLICATIONS.—Section 102 of the the Federal Voting Assistance Program of (3)(A), as part of the administrative in-proc- Uniformed and Overseas Citizens Absentee the Department of Defense (or a successor essing of the member upon arrival at the new Voting Act (42 U.S.C. 1973ff–1), as amended program) such sums as are necessary for pur- duty station of the absent uniformed serv- by section 587, is amended by adding at the poses of carrying out this section.’’. ices voter; end the following new subsection: (2) CONFORMING AMENDMENTS.—Section 101 ‘‘(B) described in clause (ii) of such para- ‘‘(i) PROHIBITING REFUSAL TO ACCEPT AP- of such Act (42 U.S.C. 1973ff), as amended by graph, as part of the administrative in-proc- PLICATIONS FOR FAILURE TO MEET CERTAIN section 587, is amended— essing of the member upon deployment from REQUIREMENTS.—A State shall not refuse to (A) in subparagraph (b)— the home duty station of the absent uni- accept and process any otherwise valid voter (i) by striking ‘‘and’’ at the end of para- formed services voter; registration application or absentee ballot graph (8); ‘‘(C) described in clause (iii) of such para- application (including the official post card (ii) by striking the period at the end of graph, as part of the administrative in-proc- form prescribed under section 101) or marked paragraph (9) and inserting ‘‘; and’’; and essing of the member upon return to the absentee ballot submitted in any manner by (iii) by adding at the end the following new home duty station of the absent uniformed an absent uniformed services voter or over- paragraph: services voter;

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7936 CONGRESSIONAL RECORD — SENATE July 22, 2009

‘‘(D) described in clause (iv) of such para- (c) EFFECTIVE DATE.—The amendments ‘‘(1) An assessment of the effectiveness of graph, at any time the absent uniformed made by this section shall apply with respect activities carried out under section 103B, in- services voter requests such assistance; and to the regularly scheduled general election cluding the activities and actions of the Fed- ‘‘(E) described in paragraph (3)(B), at any for Federal office held in November 2010 and eral Voting Assistance Program of the De- time the absent uniformed services voter re- each succeeding election for Federal office. partment of Defense, a separate assessment quests such assistance. SEC. 592. REPEAL OF PROVISIONS RELATING TO of voter registration and participation by ab- ‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION USE OF SINGLE APPLICATION FOR sent uniformed services voters, a separate OFFICES OF THE DEPARTMENT OF DEFENSE.— ALL SUBSEQUENT ELECTIONS. assessment of voter registration and partici- The Secretary of Defense may designate pay, (a) IN GENERAL.—Subsections (a) through pation by overseas voters who are not mem- personnel, and identification offices of the (d) of section 104 of the Uniformed and Over- bers of the uniformed services, and a descrip- Department of Defense for persons to apply seas Citizens Absentee Voting Act (42 U.S.C. tion of the cooperation between States and to register to vote, update the individual’s 1973ff–3) are repealed. the Federal Government in carrying out voter registration information, and request (b) CONFORMING AMENDMENTS.—The Uni- such section. an absentee ballot under this Act. formed and Overseas Citizens Absentee Vot- ‘‘(2) A description of the utilization of ing Act (42 U.S.C. 1973ff et seq.) is amended— ‘‘(6) TREATMENT OF OFFICES DESIGNATED AS voter registration assistance under section (1) in section 101(b)— VOTER REGISTRATION AGENCIES.—An office 102(j), which shall include the following: designated under paragraph (1) or (5) shall be (A) in paragraph (2), by striking ‘‘, for use ‘‘(A) A description of the specific programs considered to be a voter registration agency by States in accordance with section 104’’; implemented by each military department of designated under section 7(a)(2) of the Na- and the Armed Forces pursuant to such section. tional Voter Registration Act of 1993 for all (B) in paragraph (4), by striking ‘‘for use ‘‘(B) The number of absent uniformed serv- purposes of such Act. by States in accordance with section 104’’; ices voters who utilized voter registration and ‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV- assistance provided under such section. (2) in section 104, as amended by subsection ICES VOTERS.—The Secretary of each mili- ‘‘(3) In the case of a report submitted under tary department or the Presidential designee (a)— this subsection in the year following a year shall take appropriate actions to inform ab- (A) in the section heading, by striking in which a regularly scheduled general elec- sent uniformed services voters of the assist- ‘‘USE OF SINGLE APPLICATION FOR ALL tion for Federal office is held, a description ance available under this subsection includ- SUBSEQUENT ELECTIONS’’ and inserting of the utilization of the procedures for the ing— ‘‘PROHIBITION OF REFUSAL OF APPLICA- collection and delivery of marked absentee ‘‘(A) the availability of voter registration TIONS ON GROUNDS OF EARLY SUBMIS- ballots established pursuant to section 103A, assistance at offices designated under para- SION’’; and which shall include the number of marked graphs (1) and (5); and (B) in subsection (e), by striking ‘‘(e) PRO- absentee ballots collected and delivered ‘‘(B) the time, location, and manner in HIBITION OF REFUSAL OF APPLICATIONS ON under such procedures and the number of which an absent uniformed voter may utilize GROUNDS OF EARLY SUBMISSION.—’’. such ballots which were not delivered by the such assistance. SEC. 593. REPORTING REQUIREMENTS. time of the closing of the polls on the date of ‘‘(8) DEFINITION OF MILITARY DEPARTMENT The Uniformed and Overseas Citizens Ab- the election (and the reasons such ballots AND SECRETARY CONCERNED.—In this sub- sentee Voting Act (42 U.S.C. 1973ff et seq.) is were not so delivered). section, the terms ‘military department’ and amended by inserting after section 105 the ‘‘(c) DEFINITIONS.—In this section: ‘Secretary concerned’ have the meaning following new section: ‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES given such terms in paragraphs (8) and (9), ‘‘SEC. 105A. REPORTING REQUIREMENTS. VOTER.—The term ‘absent overseas uni- respectively, of section 101 of title 10, United ‘‘(a) REPORT ON STATUS OF IMPLEMENTATION formed services voter’ has the meaning given States Code. AND ASSESSMENT OF PROGRAMS.—Not later such term in section 103A(d). ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— than 180 days after the date of the enactment ‘‘(2) PRESIDENTIAL DESIGNEE.—The term There are authorized to be appropriated such of the Military and Overseas Voter Em- ‘Presidential designee’ means the Presi- sums as are necessary to carry out this sub- powerment Act, the Presidential designee dential designee under section 101(a). section.’’. shall submit to the relevant committees of ‘‘(3) RELEVANT COMMITTEES OF CONGRESS (c) EFFECTIVE DATE.—The amendments Congress a report containing the following DEFINED.—The term ‘relevant committees of made by this section shall apply with respect information: Congress’ means— to the regularly scheduled general election ‘‘(1) The status of the implementation of ‘‘(A) the Committees on Appropriations, for Federal office held in November 2010 and the procedures established for the collection Armed Services, and Rules and Administra- each succeeding election for Federal office. and delivery of marked absentee ballots of tion of the Senate; and SEC. 591. DEVELOPMENT OF STANDARDS FOR RE- absent overseas uniformed services voters ‘‘(B) the Committees on Appropriations, PORTING AND STORING CERTAIN under section 103A, and a detailed descrip- Armed Services, and House Administration DATA. tion of the specific steps taken towards such of the House of Representatives.’’. (a) IN GENERAL.—Section 101(b) of such Act implementation for the regularly scheduled SEC. 594. ANNUAL REPORT ON ENFORCEMENT. (42 U.S.C. 1973ff(b)), as amended by section general election for Federal office held in Section 105 of the Uniformed and Overseas 590, is amended— November 2010. Citizens Absentee Voting Act (42 U.S.C. (1) by striking ‘‘and’’ at the end of para- ‘‘(2) An assessment of the effectiveness of 1973f–4) is amended— graph (9); the Voting Assistance Officer Program of the (1) by striking ‘‘The Attorney’’ and insert- (2) by striking the period at the end of Department of Defense, which shall include ing ‘‘(a) IN GENERAL.—The Attorney’’; and paragraph (10) and inserting ‘‘; and’’; and the following: (2) by adding at the end the following new (3) by adding at the end the following new ‘‘(A) A thorough and complete assessment subsection: paragraph: of whether the Program, as configured and ‘‘(b) REPORT TO CONGRESS.—Not later than ‘‘(11) working with the Election Assistance implemented as of such date of enactment, is December 31 of each year, the Attorney Gen- Commission and the chief State election offi- effectively assisting absent uniformed serv- eral shall submit to Congress an annual re- cial of each State, develop standards— ices voters in exercising their right to vote. port on any civil action brought under sub- ‘‘(A) for States to report data on the num- ‘‘(B) An inventory and explanation of any section (a) during the preceding year.’’. ber of absentee ballots transmitted and re- areas of voter assistance in which the Pro- SEC. 595. REQUIREMENTS PAYMENTS. ceived under section 102(c) and such other gram has failed to accomplish its stated ob- (a) USE OF FUNDS.—Section 251(b) of the data as the Presidential designee determines jectives and effectively assist absent uni- Help America Vote Act of 2002 (42 U.S.C. appropriate; and formed services voters in exercising their 15401(b)) is amended— ‘‘(B) for the Presidential designee to store right to vote. (1) in paragraph (1), by striking ‘‘paragraph the data reported.’’. ‘‘(C) As necessary, a detailed plan for the (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; (b) CONFORMING AMENDMENT.—Section implementation of any new program to re- and 102(a) of such Act (42 U.S.C. 1973ff–1(a)), as place or supplement voter assistance activi- (2) by adding at the end the following new amended by section 587, is amended— ties required to be performed under this Act. paragraph: (1) in paragraph (9), by striking ‘‘and’’ at ‘‘(3) A detailed description of the specific ‘‘(3) ACTIVITIES UNDER UNIFORMED AND the end; steps taken towards the implementation of OVERSEAS CITIZENS ABSENTEE VOTING ACT.—A (2) in paragraph (10), by striking the period voter registration assistance for absent uni- State shall use a requirements payment at the end and inserting ‘‘; and’’; and formed services voters under section 102(j), made using funds appropriated pursuant to (3) by adding at the end the following new including the designation of offices under the authorization under section 257(4) only paragraph: paragraphs (1) and (5) of such section. to meet the requirements under the Uni- ‘‘(11) report data on the number of absen- ‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF formed and Overseas Citizens Absentee Vot- tee ballots transmitted and received under ACTIVITIES AND UTILIZATION OF CERTAIN PRO- ing Act imposed as a result of the provisions section 102(c) and such other data as the CEDURES.—Not later than March 31 of each of and amendments made by the Military Presidential designee determines appropriate year, the Presidential designee shall trans- and Overseas Voter Empowerment Act.’’. in accordance with the standards developed mit to the President and to the relevant (b) REQUIREMENTS.— by the Presidential designee under section committees of Congress a report containing (1) STATE PLAN.—Section 254(a) of the Help 101(b)(11).’’. the following information: America Vote Act of 2002 (42 U.S.C. 15404(a))

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7937 is amended by adding at the end the fol- (6) Document delivery and upload systems. to the congressional defense committees a lowing new paragraph: (7) The functional effectiveness of the ap- report on replacing the engines of E-8C Joint ‘‘(14) How the State plan will comply with plication or adoption of the pilot program to Surveillance and Target Attack Radar Sys- the provisions and requirements of and operational environments, taking into ac- tem (Joint STARS) aircraft. The report shall amendments made by the Military and Over- count environmental and logistical obstacles include the following: seas Voter Empowerment Act.’’. and State procedures. (1) An assessment of funding alternatives (2) CONFORMING AMENDMENTS.—Section (d) REPORTS.—The Presidential designee and options for accelerating funding for the 253(b) of the Help America Vote Act of 2002 shall submit to Congress reports on the fielding of Joint STARS aircraft with re- (42 U.S.C. 15403(b)) is amended— progress and outcomes of any pilot program placed engines. (A) in paragraph (1)(A), by striking ‘‘sec- conducted under this subsection, together (2) An analysis of the tradeoffs involved in tion 254’’ and inserting ‘‘subsection (a) of with recommendations— the decision to replace the engines of Joint section 254 (or, in the case where a State is (1) for the conduct of additional pilot pro- STARS aircraft or not to replace those en- seeking a requirements payment made using grams under this section; and gines, including the potential cost savings funds appropriated pursuant to the author- (2) for such legislation and administrative from replacing those engines and the oper- ization under section 257(4), paragraph (14) of action as the Presidential designee deter- ational impacts of not replacing those en- section 254)’’; and mines appropriate. gines. (B) in paragraph (2)— (e) TECHNICAL ASSISTANCE.— (3) An identification of the optimum path (i) by striking ‘‘(2) The State’’ and insert- (1) IN GENERAL.—The Election Assistance forward for replacing the engines of Joint ing ‘‘(2)(A) Subject to subparagraph (B), the Commission and the National Institute of STARS aircraft and modernizing the Joint State’’; and Standards and Technology shall work with STARS fleet. (ii) by inserting after subparagraph (A), as the Presidential designee to support the (b) LIMITATION ON CERTAIN ACTIONS.—The added by clause (i), the following new sub- pilot program or programs established under Secretary of the Air Force may not take any paragraph: this section through best practices or stand- action that would adversely impact the pace ‘‘(B) The requirement under subparagraph ards and in accordance with electronic ab- of the execution of the program to replace (A) shall not apply in the case of a require- sentee voting guidelines established under the engines of Joint STARS aircraft before ments payment made using funds appro- the first sentence of section 1604(a)(2) of the submitting the report required by subsection priated pursuant to the authorization under National Defense Authorization Act for Fis- (a). section 257(4).’’. cal Year 2002 (Public Law 107–107; 115 Stat. (c) AUTHORIZATION.—Section 257(a) of the 1277; 42 U.S.C. 1977ff note), as amended by SA 1766. Mr. DODD submitted an Help America Vote Act of 2002 (42 U.S.C. section 567 of the Ronald W. Reagan National 15407(a)) is amended by adding at the end the amendment intended to be proposed by Defense Authorization Act for Fiscal Year him to the bill S. 1390, to authorize ap- following new paragraph: 2005 (Public Law 108–375; 118 Stat. 1919). ‘‘(4) For fiscal year 2010 and subsequent fis- propriations for fiscal year 2010 for (2) REPORT.—In the case where the Elec- cal years, such sums as are necessary for tion Assistance Commission has not estab- military activities of the Department purposes of making requirements payments lished electronic absentee voting guidelines of Defense, for military construction, to States to carry out the activities de- under such section 1604(a)(2), as so amended, and for defense activities of the De- scribed in section 251(b)(3).’’. by not later than 180 days after enactment of partment of Energy, to prescribe mili- SEC. 596. TECHNOLOGY PILOT PROGRAM. this Act, the Election Assistance Commis- tary personnel strengths for such fiscal (a) DEFINITIONS.—In this section: sion shall submit to the relevant committees (1) ABSENT UNIFORMED SERVICES VOTER.— year, and for other purposes; which was of Congress a report containing the following ordered to lie on the table; as follows: The term ‘‘absent uniformed services voter’’ information: has the meaning given such term in section (A) The reasons such guidelines have not At the appropriate place, insert the fol- 107(a) of the Uniformed and Overseas Citizens been established as of such date. lowing: Absentee Voting Act (42 U.S.C. 1973ff et seq.). (B) A detailed timeline for the establish- TITLE ll—SERVICEMEMBER FAMILY (2) OVERSEAS VOTER.—The term ‘‘overseas ment of such guidelines. AND MEDICAL LEAVE voter’’ has the meaning given such term in (C) A detailed explanation of the Commis- Subtitle A—General Requirements for Leave section 107(5) of such Act. sion’s actions in establishing such guidelines (3) PRESIDENTIAL DESIGNEE.—The term SEC.l11. DEFINITION OF COVERED ACTIVE since the date of enactment of the Ronald W. DUTY. ‘‘Presidential designee’’ means the indi- Reagan National Defense Authorization Act vidual designated under section 101(a) of (a) DEFINITION.—Section 101 of the Family for Fiscal Year 2005 (Public Law 108–375; 118 and Medical Leave Act of 1993 (29 U.S.C. 2611) such Act. Stat. 1919). (b) ESTABLISHMENT.— is amended— (3) RELEVANT COMMITTEES OF CONGRESS DE- (1) IN GENERAL.—The Presidential designee (1) by striking paragraph (14) and inserting FINED.—In this subsection, the term ‘‘rel- the following: may establish 1 or more pilot programs evant committees of Congress’’ means— ‘‘(14) COVERED ACTIVE DUTY.—The term under which the feasibility of new election (A) the Committees on Appropriations, technology is tested for the benefit of absent ‘covered active duty’ means— Armed Services, and Rules and Administra- ‘‘(A) in the case of a member of a regular uniformed services voters and overseas vot- tion of the Senate; and ers claiming rights under the Uniformed and component of the Armed Forces, duty during (B) the Committees on Appropriations, the deployment of the member with the Overseas Citizens Absentee Voting Act (42 Armed Services, and House Administration U.S.C. 1973ff et seq.). Armed Forces to a foreign country; and of the House of Representatives. ‘‘(B) in the case of a member of a reserve (2) DESIGN AND CONDUCT.—The design and (f) AUTHORIZATION OF APPROPRIATIONS.— component of the Armed Forces, duty during conduct of a pilot program established under There are authorized to be appropriated such the deployment of the member with the this subsection— sums as are necessary to carry out this sec- Armed Forces to a foreign country under a (A) shall be at the discretion of the Presi- tion. dential designee; and call or order to active duty under a provision (B) shall not conflict with or substitute for SA 1765. Mr. CHAMBLISS (for him- of law referred to in section 101(a)(13)(B) of existing laws, regulations, or procedures title 10, United States Code.’’; and self, Mr. LIEBERMAN, and Mr. DODD) (2) by striking paragraph (15) and redesig- with respect to the participation of absent submitted an amendment intended to uniformed services voters and military vot- nating paragraphs (16) through (19) as para- ers in elections for Federal office. be proposed by him to the bill S. 1390, graphs (15) through (18), respectively. (c) CONSIDERATIONS.—In conducting a pilot to authorize appropriations for fiscal (b) LEAVE.—Section 102 of the Family and program established under subsection (b), year 2010 for military activities of the Medical Leave Act of 1993 (29 U.S.C. 2612) is the Presidential designee may consider the Department of Defense, for military amended— following issues: construction, and for defense activities (1) in subsection (a)(1)(E)— (1) The transmission of electronic voting of the Department of Energy, to pre- (A) by striking ‘‘active duty’’ each place it material across military networks. appears and inserting ‘‘covered active duty’’; (2) Virtual private networks, cryptographic scribe military personnel strengths for and voting systems, centrally controlled voting such fiscal year, and for other pur- (B) by striking ‘‘in support of a contin- stations, and other information security poses; which was ordered to lie on the gency operation’’; and techniques. table; as follows: (2) in subsection (e)(3)— (3) The transmission of ballot representa- At the end of subtitle C of title I, add the (A) in the paragraph heading, by striking tions and scanned pictures in a secure man- following: ‘‘ACTIVE DUTY’’ and inserting ‘‘COVERED AC- ner. SEC. 125. REPORT ON E-8C JOINT SURVEILLANCE TIVE DUTY’’; (4) Capturing, retaining, and comparing AND TARGET ATTACK RADAR SYS- (B) by striking ‘‘active duty’’ each place it electronic and physical ballot representa- TEM RE-ENGINING. appears and inserting ‘‘covered active duty’’; tions. (a) IN GENERAL.—Not later than 60 days and (5) Utilization of voting stations at mili- after the date of the enactment of this Act, (C) by striking ‘‘in support of a contin- tary bases. the Secretary of the Air Force shall submit gency operation’’.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7938 CONGRESSIONAL RECORD — SENATE July 22, 2009

(c) CONFORMING AMENDMENT.—Section the deployment of the member with the member of the National Guard or Reserves) 103(f) of the Family and Medical Leave Act Armed Forces to a foreign country; and at any time during a period described in of 1993 (29 U.S.C. 2613(f)) is amended, in the ‘‘(B) in the case of a member of a reserve paragraph (8)(B), means an injury or illness subsection heading, by striking ‘‘ACTIVE component of the Armed Forces, duty during that was incurred by the member in line of DUTY’’ each place it appears and inserting the deployment of the member with the duty on active duty in the Armed Forces (or ‘‘COVERED ACTIVE DUTY’’. Armed Forces to a foreign country under a existed before the beginning of the member’s SEC.l12. DEFINITION OF COVERED call or order to active duty under a provision active duty and was aggravated by service in SERVICEMEMBER. of law referred to in section 101(a)(13)(B) of line of duty on active duty in the Armed Paragraph (15) of section 101 of the Family title 10, United States Code;’’. Forces) and that manifested itself before or and Medical Leave Act of 1993 (29 U.S.C. 2611) (b) LEAVE.—Section 6382 of title 5, United after the member became a veteran; and (as redesignated by section l11) is amended States Code, is amended— ‘‘(12) the term ‘veteran’ has the meaning to read as follows: (1) in subsection (a)(1), by adding at the given the term in section 101 of title 38, ‘‘(15) COVERED SERVICEMEMBER.—The term end the following: United States Code.’’. ‘covered servicemember’ means— ‘‘(E) Because of any qualifying exigency SEC. l24. TECHNICAL AMENDMENT. ‘‘(A) a member of the Armed Forces (in- arising out of the fact that the spouse, or a Section 6382(e)(2)(A) of title 5, United cluding a member of the National Guard or son, daughter, or parent of the employee is States Code, is amended by striking ‘‘or par- Reserves) who is undergoing medical treat- on covered active duty (or has been notified ent’’ and inserting ‘‘parent, or next of kin’’. ment, recuperation, or therapy, is otherwise of an impending call or order to covered ac- SEC. l25. REGULATIONS. in outpatient status, or is otherwise on the tive duty) in the Armed Forces.’’; The Office of Personnel Management, after temporary disability retired list, for a seri- (2) in subsection (b)(1), by inserting after consultation with the Secretary of Defense ous injury or illness; or the second sentence the following: ‘‘Subject and Secretary of Veterans Affairs, shall pre- ‘‘(B) a veteran who is undergoing medical to subsection (e)(3) and section 6383(f), leave scribe such regulations as are necessary to treatment, recuperation, or therapy, for a se- under subsection (a)(1)(E) may be taken carry out the amendments made by this rious injury or illness and who was a member intermittently or on a reduced leave sched- title. of the Armed Forces (including a member of ule.’’; f the National Guard or Reserves) at any time (3) in subsection (d), by striking ‘‘or (D)’’ during the period of 5 years preceding the and inserting ‘‘(D), or (E)’’; and AUTHORITY FOR COMMITTEES TO date on which the veteran undergoes that (4) in subsection (e), by adding at the end MEET medical treatment, recuperation, or ther- the following: COMMITTEE ON AGRICULTURE, NUTRITION, AND apy.’’. ‘‘(3) In any case in which the necessity for FORESTRY SEC. l13. DEFINITIONS OF SERIOUS INJURY OR leave under subsection (a)(1)(E) is foresee- ILLNESS; VETERAN. able, whether because the spouse, or a son, Mr. DURBIN. Mr. President, I ask Section 101 of the Family and Medical daughter, or parent, of the employee is on unanimous consent that the Com- Leave Act of 1993 (29 U.S.C. 2611) is further covered active duty, or because of notifica- mittee on Agriculture, Nutrition, and amended by striking paragraph (18) (as redes- tion of an impending call or order to covered Forestry be authorized to meet during ignated by section l11) and inserting the fol- active duty, the employee shall provide such the session of the Senate on Wednes- lowing: notice to the employer as is reasonable and ‘‘(18) SERIOUS INJURY OR ILLNESS.—The day, July 22, 2009, at 10 a.m. in room 325 practicable.’’. of the Russell Senate Office Building. term ‘serious injury or illness’— (c) CERTIFICATION.—Section 6383(f) of title ‘‘(A) in the case of a member of the Armed 5, United States Code, is amended by strik- The PRESIDING OFFICER. Without Forces (including a member of the National ing ‘‘section 6382(a)(3)’’ and inserting ‘‘para- objection, it is so ordered. Guard or Reserves), means an injury or ill- graph (1)(E) or (3) of section 6382(a)’’. COMMITTEE ON BANKING, HOUSING, AND URBAN ness that was incurred by the member in line SEC.l22. DEFINITION OF COVERED AFFAIRS of duty on active duty in the Armed Forces SERVICEMEMBER. Mr. DURBIN. Mr. President, I ask (or existed before the beginning of the mem- Paragraph (8) of section 6381 of title 5, unanimous consent that the Com- ber’s active duty and was aggravated by United States Code, is amended to read as mittee on Banking, Housing, and service in line of duty on active duty in the follows: Urban Affairs be authorized to meet Armed Forces) and that may render the ‘‘(8) the term ‘covered servicemember’ during the session of the Senate on member medically unfit to perform the du- means— ties of the member’s office, grade, rank, or ‘‘(A) a member of the Armed Forces (in- July 22, 2009, at 10 a.m. to conduct a rating; and cluding a member of the National Guard or hearing on ‘‘The Semiannual Monetary ‘‘(B) in the case of a veteran who was a Reserves) who is undergoing medical treat- Policy Report to the Congress.’’ member of the Armed Forces (including a ment, recuperation, or therapy, is otherwise The PRESIDING OFFICER. Without member of the National Guard or Reserves) in outpatient status, or is otherwise on the objection, it is so ordered. at any time during a period described in temporary disability retired list, for a seri- COMMITTEE ON BANKING, HOUSING, AND URBAN paragraph (15)(B), means an injury or illness ous injury or illness; or AFFAIRS that was incurred by the member in line of ‘‘(B) a veteran who is undergoing medical Mr. DURBIN. Mr. President, I ask duty on active duty in the Armed Forces (or treatment, recuperation, or therapy, for a se- unanimous consent that the Com- existed before the beginning of the member’s rious injury or illness and who was a member mittee on Banking, Housing, and active duty and was aggravated by service in of the Armed Forces (including a member of line of duty on active duty in the Armed the National Guard or Reserves) at any time Urban Affairs be authorized to meet Forces) and that manifested itself before or during the period of 5 years preceding the during the session of the Senate on after the member became a veteran. date on which the veteran undergoes that July 22, 2009. ‘‘(19) VETERAN.—The term ‘veteran’ has the medical treatment, recuperation, or ther- The PRESIDING OFFICER. Without meaning given the term in section 101 of apy;’’. objection, it is so ordered. title 38, United States Code.’’. SEC. l23. DEFINITIONS OF SERIOUS INJURY OR COMMITTEE ON COMMERCE, SCIENCE, AND SEC. l14. TECHNICAL AMENDMENT. ILLNESS; VETERAN. TRANSPORTATION Section 102(e)(2)(A) of the Family and Med- Section 6381 of title 5, United States Code, Mr. DURBIN. Mr. President, I ask ical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) is further amended— unanimous consent that the Com- is amended by striking ‘‘or parent’’ and in- (1) in paragraph (10), by striking ‘‘and’’ at mittee on Commerce, Science, and serting ‘‘parent, or next of kin’’. the end; and Transportation be authorized to meet SEC. l15. REGULATIONS. (2) by striking paragraph (11) and inserting The Secretary of Labor, after consultation the following: during the session of the Senate on with the Secretary of Defense and Secretary ‘‘(11) the term ‘serious injury or illness’— Wednesday, July 22, 2009, at 2:30 p.m. in of Veterans Affairs, shall prescribe such reg- ‘‘(A) in the case of a member of the Armed room 253 of the Russell Senate Office ulations as are necessary to carry out the Forces (including a member of the National Building. amendments made by this title. Guard or Reserves), means an injury or ill- The PRESIDING OFFICER. Without Subtitle B—Leave for Civil Service ness that was incurred by the member in line objection, it is so ordered. Employees of duty on active duty in the Armed Forces COMMITTEE ON ENVIRONMENT AND PUBLIC SEC.l21. EXIGENCY LEAVE FOR (or existed before the beginning of the mem- WORKS SERVICEMEMBERS ON COVERED AC- ber’s active duty and was aggravated by Mr. DURBIN. Mr. President, I ask TIVE DUTY. service in line of duty on active duty in the unanimous consent that the Com- (a) DEFINITION.—Section 6381(7) of title 5, Armed Forces) and that may render the United States Code, is amended to read as member medically unfit to perform the du- mittee on Environment and Public follows: ties of the member’s office, grade, rank, or Works be authorized to meet during ‘‘(7) the term ‘covered active duty’ means— rating; and the session of the Senate on Wednes- ‘‘(A) in the case of a member of a regular ‘‘(B) in the case of a veteran who was a day, 22, 2009, at 10 a.m. in room 406 of component of the Armed Forces, duty during member of the Armed Forces (including a the Dirksen Office Building.

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7939 The PRESIDING OFFICER. Without the Senate on July 22, 2009, at 2:30 p.m., Labor, and Pensions Committee, who objection, it is so ordered. in room SD–226 of the Dirksen Senate as we all know is struggling with his COMMITTEE ON FOREIGN RELATIONS Office Building, to conduct a hearing own health issues. Mr. DURBIN. Mr. President, I ask entitled ‘‘Metal Theft: Public Hazard, I was asked to fill in for him to mark unanimous consent that the Com- Law Enforcement Challenge. up the HELP Committee’s legislation mittee on Foreign Relations be author- The PRESIDING OFFICER. Without on health care, and I was fortunate to ized to meet during the session of the objection, it is so ordered. have as my allies in that effort some Senate on Wednesday, July 22, 2009, at SUBCOMMITTEE ON NATIONAL PARKS remarkable Members of this body— 9 a.m. Mr. DURBIN. Mr. President, I ask both Democrats and Republicans—who, The PRESIDING OFFICER. Without unanimous consent that the Sub- we are told, spent as long a time, objection, it is so ordered. committee on National Parks, be au- maybe longer than for any other mark- COMMITTEE ON FOREIGN RELATIONS thorized to meet during the session of up in the history of that committee Mr. DURBIN. Mr. President, I ask the Senate on Wednesday, July 22, 2009, and one of the longest in the history of unanimous consent that the Com- at 2:30 p.m., in room SD–366 of the this body. There were some 23 sessions mittee on Foreign Relations be author- Dirksen Senate Office Building. over 13 days, covering nearly 300 ized to meet during the session of the The PRESIDING OFFICER. Without amendments that were offered on be- Senate on Wednesday, July 22, 2009, at objection, it is so ordered. half of the 23 Members of the Senate— almost a quarter of this body—serving 2:30 p.m. to hold a hearing entitled f ‘‘The Case for Reform: Foreign Aid and on that committee. Development.’’ PRIVILEGES OF THE FLOOR After that lengthy period of time, we drafted a bipartisan bill. It did not end The PRESIDING OFFICER. Without Mr. KAUFMAN. Mr. President, on be- objection, it is so ordered. up being a bipartisan vote. It was a half of Senator MERKLEY I ask unani- partisan vote coming out of com- COMMITTEE ON HEALTH, EDUCATION, LABOR, mous consent that Amelia Bell, an in- mittee, regrettably. But that doesn’t AND PENSIONS tern in his office, be granted the privi- Mr. DURBIN. Mr. President, I ask mean it will end up that way. I have lege of the floor for the duration of to- often been involved in legislative ef- unanimous consent that the Com- day’s session. mittee on Health, Education, Labor forts where the committee action The PRESIDING OFFICER. Without would have a partisan conclusion, only and Pensions be authorized to meet objection, it is so ordered. during the session of the Senate on to find that after further work, those Mr. KAUFMAN. Mr. President, I ask efforts can attract a broad base of sup- Wednesday, July 22, 2009, after the 12 unanimous consent that Bill Curlin, an p.m. vote in the President’s room. port and develop the kind of broad- Air Force Fellow in Senator DORGAN’s based backing that is, I think, an im- The PRESIDING OFFICER. Without office, be granted the privilege of the objection, it is so ordered. portant feature of good legislation. floor during debate on the fiscal year So while I regret we didn’t have any COMMITTEE ON THE JUDICIARY 2010 Defense authorization bill. Republican votes in that committee, I Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without am deeply grateful to my Democratic unanimous consent that the Com- objection, it is so ordered. colleagues for their efforts—and also to mittee on the Judiciary be authorized Mr. CORNYN. Mr. President, I ask my Republican colleagues for their ef- to meet during the session of the Sen- unanimous consent that MAJ Paul forts—which I will talk about. I intend, ate on July 22, 2009, at 10 a.m., in room Taylor be granted the privilege of the in the coming days, to talk about this SD–226 of the Dirksen Senate Office floor for the remainder of this legisla- issue through the remaining weeks we Building, to conduct a hearing entitled tive session. are in session—and possibly even be- ‘‘Promoting Job Creation and Foreign The PRESIDING OFFICER. Without yond that, if we stay in session in Au- Investment in the United States: An objection, it is so ordered. gust to work on this issue. Assessment of the EB–5 Regional Cen- Mr. BROWNBACK. Mr. President, I This is not any ordinary issue or or- ter Program.’’. ask unanimous consent that floor dinary time. I have been around long The PRESIDING OFFICER. Without privileges for the remainder of this ses- enough now to have witnessed the de- objection, it is so ordered. sion be granted for an intern in my of- bates on this issue going back 30 years. COMMITTEE ON VETERANS’ AFFAIRS fice, Lindy Brownback. Every single Congress and every single Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without administration predating my arrival unanimous consent that the Com- objection, it is so ordered. here has grappled with this issue—Re- mittee on Veterans’ Affairs be author- Mr. LEVIN. Mr. President, I ask publicans and Democrats alike. Since ized to meet during the session of the unanimous consent that Juliet Beyler, the days of Harry Truman in the 1940s, Senate on Wednesday, July 22, 2009, at a congressional fellow in the office of literally every administration has tried 10 a.m., in room 418 of the Russell Sen- Senator GREGG, be allowed the privi- to come up with an idea to reform our ate Office Building. lege of the floor during consideration health care system. The PRESIDING OFFICER. Without of S. 1390. In years past, those efforts were objection, it is so ordered. The PRESIDING OFFICER. Without talked about in terms of describing the SUBCOMMITTEE ON CONSUMER PROTECTION, objection, it is so ordered. present condition of health care as PRODUCT SAFETY, AND INSURANCE Mr. LEVIN. Mr. President, I ask being an unacceptable situation; that Mr. DURBIN. Mr. President, I ask unanimous consent that MAJ Jim it was wrong, unethical, immoral that unanimous consent that the Sub- DeLapp, a military fellow in the office we weren’t serving people who should committee on Consumer Protection, of Senator BEGICH, be granted the be served. The debate has now changed Product Safety, and Insurance of the privilege of the floor for the duration because it is no longer just unaccept- Committee on Commerce, Science, and of Senate consideration of S. 1390. able—which has always been the case— Transportation be authorized to meet The PRESIDING OFFICER. Without but we are now in a situation where the during the session of the Senate on objection, it is so ordered. present conditions are unsustainable. Wednesday, July 22, 2009, at 10 a.m., in f Yesterday and again this morning the room 253 of the Russell Senate Office Chairman of the Federal Reserve Building. HEALTH CARE REFORM Board, Ben Bernanke, testifying on The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I rise on monetary policy, was asked the ques- objection, it is so ordered. this early evening in July to spend a tion in both the other body as well as SUBCOMMITTEE ON CRIME AND DRUGS few minutes to talk about health care. in the Banking Committee, which I Mr. DURBIN. Mr. President, I ask I know it has obviously been a subject chair, how important health care was unanimous consent that the Com- of great interest over the last number as a matter of economic recovery. In mittee on the Judiciary, Sub- of days, having been asked to fill in for both forums, in different language, the committee on Crime and Drugs, be au- my dear friend, Senator TED KENNEDY, Chairman of the Federal Reserve— thorized to meet during the session of the chairman of the Health, Education, while not getting into the details of

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7940 CONGRESSIONAL RECORD — SENATE July 22, 2009 the various plans—pointed out, once and across this country have a good ment. That ought to inspire all of us to again, if there was any doubt about health care program, the Federal Em- join him in that effort. this, that unless we resolve the health ployees Health Benefits Plan. Maybe if The President recognizes, as I hope care issue, the economic issues we are we were in the same situation as our my colleagues recognize, that we have grappling with today will be unresolved fellow citizens, being uninsured or been given a mandate by the American and only grow in their complexity and underinsured, maybe there would be a people to deliver on health care reform. in their depth. heightened sense of urgency about this I hope my colleagues will join in this So this issue of health care is obvi- issue. But as long as we are OK and effort. ously one that affects real people every have nothing to worry about because of Already we have made significant day. As we conclude the work day here the jobs we hold, the titles we have, be- progress toward legislation that cuts on the east coast, and will do so in a cause of the good health care at rel- costs, protects consumer choice, and few hours across America, remember atively low cost that we have, none of guarantees access to affordable quality this: Today, and every day, as we grap- us have to worry about that. We hope care for every one of our citizens. ple with this issue, 14,000 of our fellow nothing happens, we hope we do not get The American Medical Association, citizens will lose their health care. sick, we hope a child of ours or a the American Nurses Association, the That is 14,000 today, 14,000 tomorrow grandchild doesn’t face a health care organizations representing America’s and the next day and the next day and crisis, but if they do, Lord forbid, we hospitals and pharmaceutical compa- the next day. Every day we wait and have the resources to protect our fam- nies, have all come to the table and delay on this issue, that many more of ily. That is not the case for millions of agreed to support strong health care our fellow citizens and their families our fellow citizens. reform. Three of five congressional can fall into that abyss, that free-fall So this issue demands our attention. committees responsible for health care of wondering whether some accident, It is an issue that cries out for solu- have already approved strong legisla- some injury, some diagnosis will tell tion. It is one that we must address. tion. I was here in 1994. Those organiza- them and their families they are in This is not one we can delay on, it is tions which I just mentioned, believe me, were not at the table urging that deep trouble, from a health care per- not one we can postpone for some fu- this Congress pass major health care spective. ture Congress. In fact, the American If they lack the kind of coverage and President, Barack Obama, who will ad- reform. They are today. That is a fun- insurance or lack the kind of personal dress the country about 55 minutes damental change that has occurred in wealth, that family will not only face from now on this subject, has made the the last decade and a half. Even the notorious Harry and Louise, the hardship of confronting a health case publicly: There is no other issue those actors who once were used in care crisis without the adequate qual- more important to him than this one. commercials to kill health care reform, ity of care to provide for them and He has announced he is willing to ex- stood with me last week in a group of their families, but they may very well pend whatever political capital he has our colleagues when we announced the find themselves in economic ruin as a in order to resolve the health care first piece of health care legislation to issue. He has made it the central issue result of the situation that persists emerge from the Senate. They stand of his Presidency, and we in this body, today. strong for health care reform and I am not talking about the uninsured regardless of what political label we change and intend to do everything alone. I am talking about the 25 or 30 wear, bear a similar responsibility and they can to assist in that effort. million who are underinsured in this should be sharing a similar cause—and This bill, the one that passed the country. They struggle every single that is to address this issue in a way HELP Committee, the Affordable day, wondering whether those that will increase access, will reduce Health Care Choices Act, is a strong deductibles are going to be low enough cost, and create the kind of quality and sensible piece of legislation. It for- to pay when crisis strikes and, even if health care all Americans ought to bids insurance companies from cherry- they have a policy, whether there are have. picking applicants based on their gen- going to be an adequate number of doc- Every American ought to have at der, based on their health care status, tor visits, prescriptions covered, and least as good health care coverage as or any preexisting conditions. Never, the like that provide them with the their Member of Congress. Every Amer- ever again, under our legislation, if necessary protection to recover from ican ought to be able to go to bed at adopted, would an American citizen be their health care situation and avoid night with the security that if their denied coverage of health care because the economic crisis that can befall spouse or their children or a loved one he or she is a cancer survivor or the them. in their family were to face a health victim of domestic violence. Never, To put it in perspective for you, Mr. care crisis, they would not be facing ever again under our bill would an President, consider this: Of all the economic ruin, that they would not be American citizen who thought they bankruptcies that occur in the coun- wiped out because of it. Every Amer- had insurance find their coverage cut try, and there are many in economic ican ought to have that sense of secu- or taken away just at the moment they times such as this, 62 percent of those rity, that something in this great Na- need it the most because our bill, if it bankruptcies are directly related to a tion of ours ought not to be depending is passed, not only eliminates caps on health care crisis in that family; that upon the wealth you have in your fam- benefits, it bans insurance companies they would not be in that situation ex- ily or the job you hold. It ought to be from cutting or taking away coverage cept for the fact that they are suffering a basic right to be able to have access after a policy has been signed. through a health care crisis that has to affordable quality health care in Our bill, if adopted into law, cracks forced them into financial bankruptcy. America. That is the charge. That is down on waste and fraud, focuses on Consider this, if you will: 50 percent of the obligation. That is what stands be- preventive care, reduces the crushing all home foreclosures—and there are fore us as the issue of, not only the day burden of administrative costs, and has 10,000 of those every day, today 10,000 or the hour, but I think of our time been scored by the Congressional Budg- families got a foreclosure notice—50 here in this Congress. et Office at $611 billion over 10 years. percent, one out of every two fore- President Obama has said he is will- That is a savings of more than $400 bil- closures that occurred in this country ing to expend every bit of his political lion from the original estimate by the occurred because of health care costs capital. That is an extraordinary state- Congressional Budget Office. for that family. ment made by an extraordinary Presi- I am very proud we came in on time Eighty-seven million of our fellow dent at an extraordinary moment in and under budget in the HELP Com- citizens every year find themselves in our Nation’s history. In my 35 years in mittee. We are not being talked about some period when they lack health in- Congress serving with seven Presi- much these days because we got our surance. Yet, as I say all of that from dents, I have never heard another job done a week ago today, but I am this Chamber, all 100 of us here have a President on any issue make a similar even more proud that with real con- great health care system, the Federal statement of their willingness to ex- tributions from each of the 22 of my Employees Health Benefits Plan. All of pend their capital on a single issue. colleagues who serve on that com- the Federal employees in the Capitol This President has made that state- mittee—a quarter of the Senate—we

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7941 were able to craft a uniquely American now to step up or to step back, and his- Three out of every five bankruptcies, bill for the American people. tory will judge which of the two direc- as I mentioned already, in the United In the United States of America, we tions we took at this moment; whether States of America are caused by high already find much we like in our health we have the intestinal fortitude and de- medical bills. More than 75 percent of care system. We like our family doc- termination to sit down for the long, those forced into bankruptcy because tors and compassionate nurses. We like hard hours and hammer out something, of medical bills had insurance, by the our world-class hospitals and tech- to deliver not because it is good for us way. That number is not the uninsured, nology—and we should. They are re- but because it is good for the people we 75 percent of people who fall into bank- markable. We like having the freedom seek to represent. That is why we are ruptcy are insured. of choice as Americans of our own here. Of the 62 percent of the bankruptcies health care and the ability to get it We talk about these debates as if no that are created by this health care fast, if we can. Our bill will not touch one else existed. Who is working on crisis, 75 percent of those people had a these things that work in our health this, who is bipartisan, who is not, health insurance policy. So do not as- care system in the United States what coalition or group, who is a Blue sume this only happens to those people today. Dog or Red Dog. It must drive the who have no health insurance. If you In the United States, we hold the re- American people nuts watching us act- are insured tonight, and you run into a lationship between a doctor and his or ing as if we were the only people on the major health care crisis, then you can her patient to be sacrosanct, and our face this planet wrestling with this very well find yourselves in the same bill, if signed into law, guarantees issue. We don’t have to worry, none of position millions of our fellow citizens nothing can ever come between you us. Tonight you can sleep soundly, as a have who fall into bankruptcy. It is not and the doctor of your choice—not the U.S. Congressman or Senator, because the destitute, it is average American Federal Government, not an insurance if you wake up in the morning with a families. company, not a bureaucrat from the health care crisis, there is nothing to In many cases, half our Nation’s fore- private or the public sector. In the worry about financially. We are well closures are a direct result of our bro- United States of America, we believe in protected and taken care of. Unfortu- ken health care system, as we now shared risk and shared responsibility. nately for millions of our fellow citi- know. But it is not just families and Our bill, if signed into law, lowers costs zens all across this country, they can- businesses being bankrupted, health for everyone by ensuring that everyone not sleep as soundly as we do. They are care costs have come to consume a is insured. The bigger the pool, obvi- the ones we ought to be thinking about simply unsustainable portion of our ously the broader the risk and the in this debate—not whether we have budget. The other day the Congres- lower the cost. some coalition that is going to produce sional Budget Office answered the ques- In return, our bill asks individuals, tion in the Budget Committee: Are we some magical result. Keep our eye on employers, the Federal Government, bending the curves up or down for the ball. The American people are ex- all of us to share responsibility, not these various health care plans. I have just for treating people when they get pecting nothing less from us. For far too often, of course, we have a lot of respect for the people who work sick but hopefully for preventing them failed in these efforts that have been at the Congressional Budget Office. I from getting sick in the first place. defeated by nothing more than cheap know they work very hard. In the United States of America, we But I will do a little wager that no politics in too many instances. The know in our committee, as we drafted one on that committee, the Budget well-being of our citizens is left to the bill, that good companies are not Committee, nor did the CBO in their drown in today’s political current, all afraid of competition. Our bill includes calculations of cost, ask the question the while we have paid, of course, a a public insurance option that is just of whether bankruptcies or fore- that—it is an option, purely voluntary, deep, deep price for that ditch we are closures were calculated into the costs, for consumers and providers to decide in, a ditch that is growing. one way or another, that were part of American families pay an average of whether they want to participate, their conclusions. nothing mandatory, just a voluntary $1,100 extra. If you bought insurance But why are they not? If 62 percent of option, a little healthy American com- and you have an insurance policy, by all bankruptcies occur in the country petition to give consumers and pro- and large you are paying $1,100 more because people who are insured could viders some choices in the health care every year in premiums to cover the not afford the health care needs they system of our Nation. That is an out- costs associated with the health care had for their families, why is that not rageous and radical thought to some, I for the 47 million of our fellow citizens a cost to be calculated in bending know. In my communities, it is pretty who are uninsured. It is not that they curves? What about those foreclosures, basic, pretty common sense, pretty tra- don’t get health care. They show up. 50 percent of which occur because of a ditional, and it is a red-blooded Amer- Where do they show up? They show up health care crisis in that family. ican idea—a little competition. It in emergency rooms. The most expen- Did the CBO write that number into doesn’t hurt anybody. In fact, we sus- sive health care in the country is in its computer models to figure out pect it actually helps most. emergency rooms. So when you are costs? Why not? Is that not a cost to In the United States of America, we paying tonight, as many Americans our country? If a family goes into have the best treatment and research will be, that quarterly or monthly pre- bankruptcy or loses their home be- facilities in the world, facilities that mium, or whatever the timeframe is cause of a health care crisis that is cre- regularly produce remarkable ad- for the premiums you pay, look at a ated by the present situation in this vances. Our bill, if signed into law, en- percentage of what you are paying. On country, where are the calculations sures that those advances translate di- average, you are paying $1,100 more and computer models that will tell us rectly and efficiently into better out- every year to cover the uninsured, the impact of those crises on families? comes and lower costs for our fellow whose health care gets paid for. You So we talk about this issue, and we citizens. are paying for it. When people say we are told now in these macroeconomic Most of all, in our United States of cannot afford any more cost on all of terms by actuaries and accountants America, we have learned the hard way this, you are already paying an exorbi- and the ‘‘green visor crowd’’ that 16 that we need health care reform. For tant amount. percent of our gross domestic product nearly 70 years now, Democrats and One of the efforts in this bill, in our is spent on health care and that num- Republicans, Presidents and Congresses bill along with the efforts being made ber could quickly climb to 35 percent. alike, have all tried this. Every one of by others, is to see to it that the 47 What does that mean? It means, we them has made a Herculean effort to million, a number that expands to 87 are told, in the next 8 or 10 years, if we deal with this issue. Here we are, close million at one point or another during do not act, if we listen to those who do to a century later, still in the same the year, of our fellow citizens who are not think the last 70 years or the last ditch, unable to dig ourselves out of it without insurance at all, is reduced. number of Congresses that we wrestled as it gets deeper and deeper. But that is the pricetag, $1,100 on av- with these issues is somehow wasted So this is the moment. This is why erage for our covering the uninsured time, that we can end up with the aver- we are here. This is our opportunity among our fellow citizens. age family paying 50 percent of its

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7942 CONGRESSIONAL RECORD — SENATE July 22, 2009 gross income on health care premiums. Of course, some will stand on this on the bill, to bring people together, to That is not an exaggeration, that is not floor and argue that the best thing we listen to ideas and how we could shape a phony projection. The very same can do when confronted with a house those ideas as part of the structure of economists who are telling you about on fire is to walk around it a few more reform for the health care system. the 16 percent of our gross domestic times and argue about how high the Then that culminated with us sitting product consumed today are the ones flames have grown. Well, when we down in the beginning, back 5 or 6 who predict, based on the present tra- began writing this legislation out of weeks ago now, to actually mark up jectories, unchanged, that 35 percent of the HELP Committee, we did not for- this bill, as we are expected to do. our GDP can be consumed by health get that each of us were born with one True, the Republicans on the commit- care costs. mouth and two ears. tees did not vote for the bill, I have You might be curious to know the We started with a blank page. Long said that, regrettably. That was pretty next nation that is closest to us as a before I was asked to pinch-hit for TED clear to me that was probably going to percentage of its gross domestic prod- KENNEDY, Senator KENNEDY and his happen no matter what we did. But uct is Switzerland, and Switzerland staff and others invited the minority, they contributed and they made sig- spends a little over 10 percent of its early on, to share their ideas. You are nificant contributions. Of the 161 GDP on health care. Then the next going to hear otherwise, that we got amendments that we accepted were of- country is us, around 16 percent and drawn into this, we were not informed. fered by the Republican side—of the growing. That is not the case. They were not nearly 300 amendments that we consid- To give you some idea around the drawn in. They were invited. They had ered, 161 amendments offered by the world how we rate and compare on a no idea what they wanted to offer, only minority are very much a part of the per-capita basis, pretty staggering that they got nervous about this plan bill that I have been talking about this numbers. By the way, you might say: going forward. evening. Some were technical amend- Well, look, I am sorry, Senator. I know That started, I am told, at the end of ments, clearly. But many were very it is a lot of money, but you know last year, not when the President was substantive. what? We have great outcomes. We inaugurated after January 20. So we They do not want to admit it maybe have remarkable outcomes. So we are began by listening. We listened to because they voted against it in the paying more than Switzerland. But, by stakeholders, providers, hospitals, end. You can define bipartisan any way golly, our people here get great out- pharmaceutical companies. Anyone we you want. But I define it by contribu- comes. could gather who had an interest in the tions made to the product. They made Well, I wish I could tell you that is subject matter was invited to come and a bipartisan contribution to the prod- the case. The fact is we rank 37th in talk about what they thought a Fed- uct and a better bill, not a perfect bill, the world in outcomes. What a great eral health care reform package ought was the result. It obviously needs more statistic, the United States of America, to look like. The culmination of that work. But we think it is a good, sen- the wealthiest nation on the face of effort was to draft a bill. Why did we sible bill that ought to enjoy the sup- this Earth, we spend more, $2.5 trillion draft a bill? Well, because the rules of port of our colleagues. a year, than anybody, a larger percent- the Senate require it. You cannot begin Senator GREGG, for instance, and a age by almost double, with the closest a markup in the HELP Committee un- number of his fellow Republicans were of any other nation in the world, and less you have a product on the table. concerned about the long-term fiscal we rank 37th in the world in medical There has to be legislation written. impact of our provisions on long-term outcomes. The rules require it. So we wrote a bill care. So JUDD GREGG offered an amend- There is something staggeringly and put it on the table and invited our ment that would require the Secretary wrong with that number—with that colleagues on the committee to come of Health and Human Services to set amount of money being spent and and comment on it, talk about it, and adjust premiums based on a 75-year those outcomes coming in. If you won- amend it, change it, do whatever they outlook of the program’s solvency. der why people are frustrated by the thought might improve it. We had a robust debate for an hour subject matter, and they may not That is what took us to 54 hours, on this issue. The committee recog- know these numbers, all they know is over 13 days and 23 sessions and nearly nized the tremendous value, frankly, of what they are going through and their 300 amendments; a rather long and what JUDD GREGG was proposing. So family. elaborate process. It was good work. his amendment was accepted unani- If we continue on this path, it only Frankly, the bill got a lot better be- mously, and the bill is a better bill for gets worse. By the way, to add addi- cause of the effort. It got better be- it. JOHNNY ISAKSON, my very good tional shame to that number, we rank cause my Republican colleagues offered friend from Georgia, brought to the at the bottom of all industrialized na- terrific ideas. table the issue of end-of-life care, draw- tions when it comes to infant mor- Contrary to what some may think, ing on his own family’s experiences. He tality, the bottom of industrialized na- they did not come and just shove their gave very moving remarks in our com- tions, when it comes to infant mor- hands in their pockets, put their heads mittee about the importance of end-of- tality in the United States of America. in the sand and refuse to participate or life care issues. He was able to talk I find that shameful, those numbers. walk away and not show up. MIKE ENZI, about the importance of planning for We like to think of ourselves as doing JUDD GREGG, LAMAR ALEXANDER, I can the last days of one’s life, how difficult so many things so well as a country be- go down a long list of the Republican that can be. cause of who we are and how we govern members who were there day after day, I just went through that with my sis- ourselves and the opportunities we cre- sat in that committee room and con- ter who was diagnosed on May 22 with ate in the United States of America. tributed mightily to our effort. lung cancer, and she was gone in 6 We like to believe that this is not some I was blessed to have TOM HARKIN and weeks. She died on July 6, the first of Third World country, that we would BARBARA MIKULSKI and JEFF BINGAMAN my siblings to be lost. She was 68 years take good care of our newborns. To and PATTY MURRAY, who were asked by of age, with 5 children and 17 grand- rank at the bottom of the list in infant Senator TED KENNEDY months ago if children. She knew in the last 9 days of mortality is shameful, to come in 37th they would each take on a separate her life what the outcome was going to in medical outcomes is shameful, to piece of the bill. be. spend almost double the percentage of TOM HARKIN grappled with preven- So she insisted upon each of us our gross domestic product as our near- tion issues; developed a staff with ex- spending an hour or so alone, every one est competitor nation is also shameful. pertise and knowledge. BARBARA MI- of her 17 grandchildren, every one of We have reached a point where no KULSKI worked on quality issues; did her children and their spouses, every Senator can, with a straight face, come the same as TOM HARKIN. PATTY MUR- one of her siblings, every one of her on the floor of this body and argue for RAY did it on workforce. JEFF BINGA- close friends. Her best friend in the the status quo. That status quo is not MAN did it on coverage. They had 12 world was a woman she met on the only unacceptable, as I have said, it is hearings themselves on this subject first day of college when she was 18 unsustainable. matter even before a word was written years of age. Her name is NANCY

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE July 22, 2009 CONGRESSIONAL RECORD — SENATE S7943 PELOSI, Speaker of the House. She was I could go on with a list of bills, and to this, would win. So day after day I there for the funeral. on every single one of them I had bi- asked my colleagues to come back and JOE BIDEN came up. JOE and my sis- partisan support. So I understand the sit at that table and work. ter were great friends, and he came up value of it. It is a very important What I said earlier I mean deeply: means by which to get a job done. But for the wake the night before. So I There were those who, frankly, might let me suggest to you at this hour, have decided not to show up, and that knew she was thinking, my sister, in while bipartisanship is a means to get planning what she wanted to have hap- might have had a political conclusion; to an end, what really is missing right but they did show up. My Republican pen those last nine days of her life. A now is leadership in all of this—leader- colleagues, as well as my Democratic lot of families go through that. Sen- ship from each one of us. colleagues, showed up every single day The President is leading as strongly ator ISAKSON made a very substantial and worked to make that a better bill, as he can, and is deeply involved in this contribution, nothing technical about even though there were those who what he was talking about. Our bill is issue. Members of various committees are also leading. But in this institution voted against it. So there is no cause a better bill because JOHNNY ISAKSON’s everybody can be a leader, if they want for delay. There is no cause for ob- ideas were incorporated in it. to be. struction. And there is no excuse for MIKE ENZI and JUDD GREGG AND Right now, I think what the country inaction, in my view. LAMAR ALEXANDER wanted to increase is looking for is leadership on this In a few weeks, we will return to our employer’s flexibility to offer work- issue. Yes, bipartisanship is a nice various States for the so-called August based wellness programs with incen- quality, an important element, to pass break, although, frankly, I am pre- tives for employees. Some of my fellow bills. But leadership is what is most pared to stay here and work. That may Democrats had reservations about missing in all of this—the willingness not be a popular idea, but I cannot to understand the moment, the unique their proposal. But Senator TOM HAR- think of anything more important than opportunity to address a crippling this issue, including whether we take KIN of Iowa and myself and several oth- issue that faces our country. some time off in August to go to the ers on the committee worked with our Every single one of our citizens will beach and go to the mountains or go to colleagues on the Republican side to be adversely affected if we fail to act. the lakes or wherever we go to visit craft a compromise, a version we were There are very few bills that can ever with our constituents. Remember that able to pass on a bipartisan basis make that claim, and yet health care every day we are on our break, another unanimously. issues affect 100 percent of the Nation. 14,000—every day in that August break As a result, today, employers at some Most bills we deal with deal with per- we will take—will be without health point can offer as much as a 50-percent centages. Family and medical leave—50 care at the end of that day—every day; million benefited by it, far short of the reduction in premiums to employees 14,000 a day—while we are drifting off 300-plus million in our country. Health instead of engaging in what we ought who have engaged in lifestyle behaviors care affects every single one of our to be doing, in my view, and coming to that will reduce their threat of illness citizens and is why, again, it demands and thus bring down the cost to those our attention and our resolution. terms with this issue. people. It was a great idea. We attrib- So to those who are not ready to join Some will be among the ranks of the uted a lot of it to Steven Burd, the in this effort, we invite your sugges- uninsured. Some are struggling and scared, bearing the emotional and CEO of Safeway, who brought the ideas tions, your improvements, your thoughts to come to that table. Listen- physical scars that come with delaying to the table. the foregoing needed care, worrying But our fellow Democrats, working ing to some of our colleagues say this is all about defeating the President or that one car accident, one diagnosis again with MIKE ENZI and JUDD GREGG making sure no one has a political vic- could mean bankruptcy, foreclosure, and LAMAR ALEXANDER came up with tory, I have to ask what planet are or, in fact, the inability to get any care those ideas in that compromise. That they living on to believe this debate at all. Some will have insurance, but is not technical. The bill is a better bill ought to be about who wins and who they will share the same worries be- because of their efforts. I can go on and loses a political contest on this issue? cause their insurance costs are much talk of the rest of the members who Again, it is not about us. It is about too high and covers far too little. They made contributions—but I will not to- people across this country who are ex- will be thinking about the jobs they pecting a lot more from us who do not night. Every one of them have con- wish they could leave to maybe start a wake up and wonder what political small business but cannot because they tributions in this bill. But let me be party they belong to or what section of would lose their insurance lifeline. clear: If we deem bipartisanship more the country they live in. If their child They will be wondering whether their important than timely and effective gets sick, if their spouse is sick and plan will decide to cover cancer screen- health care reform, the only thing that struggling and needing help, the last ing when they are told by their doctor will be bipartisan will be our collective thing they want to hear about is they actually need it. They will be failure as an institution. I have intro- whether you are a Democrat or a Re- wondering how many visits to the doc- publican or an Independent or live in a duced a lot of bills over the years, and tor, how many visits to the hospital blue State, a red State, or whatever will be adequate. Some will not be wor- passed a lot of legislation. On every other color you want to attribute to major bill I have written in this place, them. They want to know if we have ried about their insurance today, but I have had a Republican partner, going the sense to deal with this issue. they will be among the millions who will lose their insurance if they do not The truth is, we have waited too back to the earliest days when I ar- step up to the plate and take some ac- rived here and offered the first child long. We have waited far too long. We have waited decades now. And the tion. care legislation since World War II. But everyone we see when we go My ally on that was a guy named American people have been waiting even longer. Their wait is much more home will be watching us over the next ORRIN HATCH from Utah, who stood painful than ours. There is no cause for 3 weeks. You better believe they are with me and we passed it. I offered the delay. going to ask us about health care. Family and Medical Leave Act. That Yes, you have to examine the bill. We They are going to ask us whether we took 7 years, two vetoes. Today there have to look at it, consider sugges- are up to the job of passing a bill this are some 50 million Americans who tions, but that only happens when you year. They are going to ask us why we take leave without pay without losing sit down and work together. have not made more progress. They are going to ask us fundamental questions, their jobs. My partner on that was Dan We spent those 60 hours in the HELP Committee, and it was not easy and it ones we will have to answer for our- Coates of Indiana, and ARLEN SPECTER selves based on what we do in these at the time was a Republican, obvi- was not comfortable, and people got tired and frustrated at various mo- coming days and weeks. ously, along with people not here who ments, and there were times I thought At this very moment, we stand at the were involved. KIT BOND played a very it was going to fall apart. But I knew if cusp of history—one of those unique important role in developing the Fam- we ever stopped and walked away, then moments. It does not happen very ily and Medical Leave Act. those who wanted no result, no answer often around here, but every now and

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00135 Fmt 0624 Sfmt 8472 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE S7944 CONGRESSIONAL RECORD — SENATE July 22, 2009 then it happens, and we are in one. And ment like this, to get a job done or will Chamber, but I give you a round of ap- it is not going to last long. It is only we take the easier path and step back plause. going to last a few more weeks, maybe because it is a little too tough? I am proud to have been here engaged a couple of months, as to whether, in Others have failed at it. It means I in this discussion and to have you pre- this moment, we have the ability to might lose some votes back home. But siding over this conversation. I thank rise up and do what we should be there are certain issues that are worth you very much, Senator BEGICH, and doing—even though it does not meet losing an election over. That is not the our ideals; it is not the bill each one of worst thing that ever happened to congratulations on serving our Senate us would write on our own—but that someone. Watching your family go admirably and as well as you have over moment when we recognize our failure bankrupt, losing your home, watching these 100 hours. to act at all is a moment missed and a child or a spouse suffer because you not likely to be recaptured during our do not have enough money to buy f tenure. health care, that is a problem. That is I know for newer Members here that a real problem. ADJOURNMENT UNTIL 9:30 A.M. may seem like an exaggeration, but to So the issues here are complicated. I TOMORROW those of us who have been here a while, know that. I know they are difficult. I The PRESIDING OFFICER. The Sen- we will tell you, these moments do not know if they were easy, they would come very often. Most of the time we ate stands adjourned until 9:30 Thurs- have been solved a long time ago. But day, July 23, 2009. go through the routine of reauthorizing I have a lot of confidence. I listened to bills, reappropriating money, and that 22 of my colleagues over 5 weeks in a Thereupon, the Senate, at 7:42 p.m., consumes about 95 percent of our markup become educated and grapple adjourned until Thursday, July 23, 2009, time—not unimportant business, I will with these issues. We did not resolve at 9:30 a.m. be the first to admit, but fairly rou- all of them, but we educated ourselves tine. and made a difference and produced a f And every now and then—every now bill—a bill that is now the only one in and then—in our Nation’s history, this Chamber that is before us. We NOMINATIONS there have been moments of critical hope our colleagues will examine it, Executive nominations received by importance: in the early 1960s, the Civil take a look at it, make whatever rec- the Senate: Rights Act, the Voting Rights Act, ommendations they could as we move Medicare; going back in the depression forward. I know the Finance Com- DEPARTMENT OF THE TREASURY years; the Eisenhower years, with the mittee is wrestling with this. Senator JEFFREY ALAN GOLDSTEIN, OF NEW YORK, TO BE AN Federal Highway System in our coun- UNDER SECRETARY OF THE TREASURY, VICE ROBERT K. BAUCUS and I arrived on the same day STEEL, RESIGNED. try. You can point to various times through the 20th century when Con- in Congress in 1975. We have been DEPARTMENT OF STATE gress, contrary to what everyone else friends for 35 years. I know he is strug- ALBERTO M. FERNANDEZ, OF VIRGINIA, A CAREER thought—this institution—decided to gling to get the right kind of bill to MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- take on an issue that made a difference come out of that committee. I wish DINARY AND PLENIPOTENTIARY OF THE UNITED STATES in our country. him the very best and have offered OF AMERICA TO THE REPUBLIC OF EQUATORIAL GUINEA. I suspect Barack Obama, in part, had whatever help we can to assist in that PUBLIC HEALTH SERVICE a chance to be elected President of the effort. I hope we can get a product that REGINA M. BENJAMIN, OF ALABAMA, TO BE MEDICAL United States because people he never moves forward, that we can embrace DIRECTOR IN THE REGULAR CORPS OF THE PUBLIC knew and who never knew him sat here and be proud of, and that will make a HEALTH SERVICE, SUBJECT TO QUALIFICATIONS THERE- day after day, week after week, and en- FOR AS PROVIDED BY LAW AND REGULATIONS, AND TO difference. BE SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE gaged in the debate on civil rights— FOR A TERM OF FOUR YEARS, VICE RICHARD H. back long before any of us were ever So for the coming days, I won’t take CARMONA, TERM EXPIRED. as much time as I have this evening, here, except for BOB BYRD, who was IN THE NAVY here, and TED KENNEDY, who was here. but I want to talk about this bill in de- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Those two Members actually were in tail. I want to engage in the debate. I IN THE GRADES INDICATED IN THE REGULAR NAVY this Chamber in those days in the early want to get away from the cheap poli- UNDER TITLE 10, U.S.C., SECTION 531: 1960s, and today we are a lot better tics, the bumper sticker slogans about To be captain country. We are a lot better country things that don’t exist, the fear that is JOSEPH P. BURNS because of it. so easy to arouse in people—the easiest STEPHEN P. CARMICHAEL And that was one heck of a fight, let emotion to appeal to is people’s fears CHRISTOPHER S. CHAMBERS me tell you. I was a young page sitting JAMES M. ELLINGER, JR and hates—and talk constructively and KAREN S. EMMEL on the floor here in the summer of 1961 MICHAEL J. FITZGERALD and 1962, when Lyndon Johnson was positively about what we can do to- CRAIG W. GOODMAN gether to overcome this issue that is a GREGORY J. KNIFF sitting where the Presiding Officer is, DAVID J. WRAY watching the all-night debates on civil scourge on our society and worthy of rights. And they were raucous, and this Chamber’s efforts. To be commander they were wild, and they were tough. I thank my colleagues for their the RAYMOND P. OBENO KIRK T. MOSS There was no bipartisanship on that, I patience this evening and for listening DAVID G. ORAVEC can tell you. It was down right tough to all of this, and I thank the Chair for To be lieutenant commander and nasty. Those memories fade. What his patience. I look forward to the hour KEVIN M. CASEY remains is the fact that this institu- when we will come together as a body tion had leaders who stood up and said: JUDD E. PARTRIDGE here—not as Democrats and as Repub- KAREN M. STOKES We are going to get this done. And they BRIAN STRANAHAN licans, but as United States Senators— achieved those results. And today we THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- celebrate those moments. at this moment and pass a major MENT IN THE GRADES INDICATED IN THE REGULAR We have forgotten about the bitter- health care reform bill that moves our NAVY UNDER TITLE 10, U.S.C., SECTION 531: ness that occurred in the debates. No country to accessibility, to afford- To be captain one is asking whether it was bipartisan ability, and equality of health care. EDDIE L. NIXON or whether coalitions got what they f To be commander wanted. The response was: the United STEPHEN GRAHAM States got closer to that more perfect CONGRATULATING SENATOR ERNEST C. LEE union that our Founders described BEGICH KEITH T. SIVERTSON more than two centuries ago. Mr. DODD. Mr. President on a sepa- To be lieutenant commander Well, we are in that moment again. rate matter, I wish to note that some MONTE K. BELL And in many ways this is a civil rights 20 minutes ago, the junior Senator NIELS U. COTHGEN debate about health care, because too TRENT W. MARCUS from Alaska, the Presiding Officer, is GERALD S. MAXWELL many of our fellow citizens are denied ROBERT E. POWERS that right of health care based on eco- the first Member of this new class to TERRENCE P. REIFF nomic circumstances beyond their con- come in to win the Golden Gavel, pre- ASTRID G. RIVERA SHOLI A. ROTBLATT trol. The issue is very simply this: Will siding over 100 hours of Senate busi- RAFAEL RUIZ we come together and decide, at a mo- ness. I am the only one here in the DENNIS M. WEPPNER

VerDate Nov 24 2008 00:00 Jul 29, 2009 Jkt 079060 PO 00000 Frm 00136 Fmt 0624 Sfmt 9801 E:\RECORD09\S22JY9.REC S22JY9 mmaher on MIKETEMP with CONG-REC-ONLINE