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

Vol. 156 WASHINGTON, TUESDAY, FEBRUARY 2, 2010 No. 15 Senate The Senate met at 10 a.m. and was appoint the Honorable AL FRANKEN, a Sen- been without a leader because of what called to order by the Honorable AL ator from the State of Minnesota, to perform has been going on and the stalls that FRANKEN, a Senator from the State of the duties of the Chair. have taken place, so we had to file clo- Minnesota. ROBERT C. BYRD, ture. President pro tempore. We will notify Senators when the PRAYER Mr. FRANKEN thereupon assumed votes are scheduled. I would like to fin- The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- ish Patricia Smith at a reasonable fered the following prayer: pore. hour today. That is immediately fol- Let us pray. f lowing a simple majority vote for her. Gracious Lord, we acknowledge Your Then there is a 60-vote margin on clo- RECOGNITION OF THE MAJORITY ownership of all the Earth and every- ture on the future Administrator of the LEADER thing and everyone in it. Thank You General Services Administration and for the evidences of Your favor in the The ACTING PRESIDENT pro tem- then there is 30 hours after that. past and for Your hand that has made pore. The majority leader is recog- We will do tomorrow as we did for and preserved us as a nation. May the nized. the Republicans when they had their knowledge of our rights and privileges f retreat last Wednesday; we were not in keep us conscious of our duties and ob- session. We don’t wish to be in session ligations. SCHEDULE tomorrow. We have the President com- Today, guide our lawmakers with Mr. REID. Mr. President, following ing to our retreat and a number of Your spirit. Keep them from stumbling remarks of the leaders, the Senate will other special guests, but if we have to as they seek to do Your will. Empower be in a period of morning business for come in tomorrow, either before or them in their work with a strength an hour, with Senators permitted to after the retreat, we are going to have that is not their own, infusing them speak for up to 10 minutes each. The to do that to meet the burdens of this with serenity to meet the challenges of first half hour will be controlled by the endless stalling that is taking place in an agitated world. Light up the candles Democrats, the second by the Repub- the Senate. of their hearts and help them shine licans. When a young Nigerian terrorist with Your peace and good will. Following morning business, the Sen- boarded an airplane bound for America We pray in Your great Name. Amen. ate will proceed to executive session to on Christmas Day, there was no perma- f resume postcloture debate on the nom- nent boss at the TSA, the agency re- ination of Patricia Smith to be Solic- sponsible for the safety of our airports. PLEDGE OF ALLEGIANCE itor for the Department of Labor. I This agency was created after 9/11 spe- The Honorable AL FRANKEN led the would note this is another one of the cifically to keep air travel safe. When Pledge of Allegiance, as follows: endless delays we have had to go he tried to blow up that plane, the top I pledge allegiance to the Flag of the through. We are in postcloture; 30 positions at both the intelligence agen- United States of America, and to the Repub- hours of doing nothing. We have had so cies within the State Department and lic for which it stands, one nation under God, many 30 hours of doing nothing it is the Department of Homeland Security indivisible, with liberty and justice for all. hard to comprehend the wasted time— were empty. Why? Because Republican f all the staff, Senators’ time that could Senators refused to let this body hold a APPOINTMENT OF ACTING be better put to use. People could be vote on these highly capable people the PRESIDENT PRO TEMPORE drafting legislation, on and on, con- President has asked to serve in these templating what could be done but for roles. The PRESIDING OFFICER. The this endless stalling we have seen. We all know Republicans have dedi- clerk will please read a communication The Senate will recess from 12:30 to cated themselves to grinding the Gov- to the Senate from the President pro 2:15 for the weekly caucus meetings. ernment to a halt. They do so openly tempore (Mr. BYRD). Following disposition of the Smith and proudly and boast about their The assistant legislative clerk read nomination, whenever that might be, aversion to compromise. That is why, the following letter: the Senate will proceed to vote on the time and time again, they exploit the U.S. SENATE, nomination of Martha Johnson to be rules of the Senate and abuse this PRESIDENT PRO TEMPORE, Washington, DC, February 2, 2010. Administrator of the largest real es- body’s procedural traditions. That is To the Senate: tate organization in the world, the why they have wasted countless hours Under the provisions of rule I, paragraph 3, General Services Administration. It is and shattered remarkable records for of the Standing Rules of the Senate, I hereby difficult to comprehend, but that has stubbornness. That is why, when we

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

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This is not a game. as we plan to send 30,000 more troops to As far as disarmament, the fourth An embarrassingly high number of Afghanistan, a surge I know my Repub- nominee I mentioned is Ambassador critical national security officials re- lican colleagues support. Laura Kennedy. President Obama main unable to go to work. For polit- Our military leaders have told me his asked her to serve as our Nation’s rep- ical reasons, a handful of Republican absence is having a negative impact on resentative to the conference on disar- Senators are standing between these the Pentagon’s operations. I have re- mament. This group is responsible for experts and their offices. That means ceived phone calls: Senator REID, what negotiating multilateral arms control they are also standing between the are you going to do to get this person and disarmament agreements such as American people and the American approved? the Comprehensive Test Ban Treaty, people’s security. I tell them I am doing my best. Now the Biological Weapons Convention, Too many of the President’s nomi- we wasted all week—that is what it and the Chemical Weapons Conven- nees for critical national security jobs will wind up being—on two nominees, tion—some big issues. Ambassador await Senate confirmation. Today, I one to be the Solicitor for the Labor Kennedy is a member of the Senior wish to talk about four of those posi- Department and the other to be the Foreign Service and has worked with tions Republicans refuse to fill; one, head of the General Services Adminis- the State Department and Bureau of the Under Secretary of Defense for Per- tration. If people are serious about giv- European and Eurasian Affairs, the sonnel and Readiness, which is the No. ing our troops the tools they need to United Nations, the National War Col- 3 job at the Pentagon. We have Sec- succeed in battle and at home—and I lege, and as President Bush’s Ambas- retary Gates, we have one other indi- am confident the Republicans must sador to Turkmenistan. vidual, and then we have this Under think that—we should be and they Of all the countries with nuclear Secretary of Defense—whose position is should be as committed to giving our weapons, the United States, our great not filled. military the leader who will be going country, is the only one that does not No. 2, Assistant Secretary of State to work every day and making sure have a representative at the negoti- for Intelligence and Research, the head that happens. ating table of the Conference on Disar- of the State Department’s Intelligence Let’s talk about intelligence, these mament. Why? Because the Repub- Department. Think about that. When agencies that try to find out what the licans are stalling everything. That is Secretary Clinton is called to go to enemy is doing. The second and third unacceptable. We need to confirm her. Pakistan, Afghanistan or anyplace in positions I mentioned earlier are the We need to have confirmed her a long the world, her arm, the intelligence two intelligence roles at the Depart- time ago. arm, the security department, must be ment of State and Homeland Security, But it is not just those cases, it is able to give her information as to what as I mentioned. For the State Depart- many others. It is clear these positions is going on, what has gone on, what is ment position, President Obama has are critical to our national security, as going to go on in the future. Not with nominated Ambassador Phil Goldberg. I talked about, and equally evident this State Department. The Repub- Similar to General Stanley, Ambas- that these nominees are well-qualified, licans will not let this person be cho- sador Goldberg is not a controversial nonpartisan public servants. What is sen. or partisan nominee. In fact, it was not clear is why our Republican col- Third, Under Secretary of Homeland President Bush who gave him the title leagues refuse to bring them up for a Security, again, for Intelligence. This of Ambassador when he made Goldberg vote. Senate Republicans are simply so person is head of the Department of our top diplomat in Bolivia. opposed to everything, absolutely ev- Homeland Security’s intelligence arm. I traveled to Bolivia, the first Senate erything, they even opposed putting Just like there is no one today at the congressional delegation I can ever re- people in some of the most important State Department, there is no one at member going to Bolivia. Ambassador positions of our Government, people the Department of Homeland Security Goldberg was there—so impressive. who were originally appointed by dealing with intelligence. It is hard to Ambassador Goldberg has also led law President Bush to positions of high comprehend, but that is true. enforcement intelligence and non- standing. Finally, the U.S. Representative for proliferation efforts in countries such These are not isolated cases, they are the Conference on Disarmament, whose as Kosovo and North Korea. He is head part of an endless and reckless pattern. job is to work with other nations to of the State Department’s intelligence As with candidates for the President’s keep our own people safe from nuclear, branch. He would work with our am- Cabinet and other top administration chemical, and biological weapons. The bassadors around the world and be the posts and numerous Federal judges, Re- President has chosen exceptionally Secretary of State’s top intelligence publicans have decided the President qualified men and women for these adviser. But, no, he is going to have to does not deserve to have his nominees jobs, but without a Senate vote con- wait; this intelligence aspect of the De- reviewed by the Senate, as the Con- firming them as our Constitution re- partment of State can wait. stitution clearly States. Ignore him, is quires, they cannot do those jobs. The assistant leader, my friend, Sen- what they say. Let’s talk about the Pentagon. For ator DURBIN, was at the State Depart- This obstruction could not have come the first job I mentioned, the No. 3 job ment today learning from the Sec- at a more dangerous time. I was com- at the Pentagon, the President has retary of State about some of the ing to work and was in an elevator. I nominated GEN Clifford Stanley. For issues facing our country, meeting looked and there was an extremely im- 33 years, Dr. Stanley, General Stanley with Secretary Clinton. It is a shame pressive woman, she had on a coat, and has served our country in the Marine Ambassador Goldberg cannot go to I could see she had a uniform on. She Corps and in communities where he work, but he can’t. said, ‘‘I am Dr. Benjamin, the Surgeon and his family have lived. After serving For the Homeland Security position, General of the United States.’’ I heard bravely as a marine infantry officer, he the President has nominated Caryn so much about this Alabama physician went on to become quite an academic, Wagner. She, too, is highly qualified who dedicated her life to taking care of served as a White House fellow. He was for this role, having held a number of poor people. I was so happy to meet head of the Nation’s largest nonprofit senior positions in the House Perma- her. Then I remembered how long we sector scholarship organization. He was nent Select Committee on Intelligence had to wait to get her confirmed. asked to come back. and Officer of the Director of National The obstruction could not come at a He is not a controversial nominee. Intelligence and the National Intel- more dangerous time, given what is The Senate Armed Services Committee ligence Program. As Homeland Secu- going on in the country. The Repub- approved him unanimously but on the rity’s top intelligence official, Wagner licans blocked a vote on our Surgeon

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That makes these partisan has a 33-year career in the U.S. Marine and bioterror threats. games all the more disgraceful. Corps. He retired in 2002 with the rank The list seems endless. While our of major general. He comes from a fam- f sons and daughters are fighting in Iraq ily devoted to military service. His fa- and rebuilding that nation, last year RESERVATION OF LEADER TIME ther and his brother served in the Army. His daughter is an officer in the Republicans delayed the confirmations The ACTING PRESIDENT pro tem- Navy. He has a niece in the Air Force. of America’s Ambassador to Iraq. And pore. Under the previous order, the Dr. Clifford Stanley was the first Afri- while our troops serve bravely in Af- leadership time is reserved. ghanistan, Republicans delayed the can-American regimental commander confirmation of LTG Stanley f in the history of the U.S. Marine Corps. The President nominated him in Oc- McChrystal, our new commander in CONCLUSION OF MORNING tober to serve as Under Secretary of that difficult war. BUSINESS This clearly is not the way the Sen- Defense for Personnel and Readiness. The ACTING PRESIDENT pro tem- ate is supposed to work. It is not even The Armed Services Committee held a pore. Under the previous order, there the way it typically works. As I have hearing in November and reported his will now be a period of morning busi- pointed out before, it took only 4 nomination to the full Senate on De- ness for 1 hour, with the time equally months for President Obama to face as cember 2. He came out of the com- divided and controlled between the two many filibusters of his nominees as mittee without controversy. Is it any leaders or their designees, with Sen- President Bush faced in his entire first wonder? Thirty-three years in the Ma- ators permitted to speak for up to 10 4 years. This Republican caucus over rine Corps, the first African-American minutes each, with the majority con- here proudly says: We blocked as many regimental commander in its history, a trolling the first half and the Repub- of President Obama’s nominees in 4 man who has served his country so well licans controlling the final half. and risked his life for this great Na- months as you—over here on this side The ACTING PRESIDENT pro tem- tion, reported by the Armed Services of the aisle—took 4 years to block. pore. The Senator from Illinois. Committee to the full Senate floor in Democrats have no interest in playing f December. We are now in February. these games. That is why we did not do This is a critical post he has been ap- what they are doing. No other minority NOMINATIONS STALLING pointed to by the President. He would has ever done anything like this before. Mr. DURBIN. Mr. President, last be in charge of basically managing the This is one of a kind. readiness of the U.S. Armed Forces. Dr. It would be one thing if Republicans, week at the State of the Union Ad- Stanley would have the responsibility bound together in unified opposition to dress, President Obama laid out the to oversee the National Guard and Re- everything, as they have made their challenges facing America—they are many—and he called on us to rise serve. There are 143,000 Americans who custom, voted against these vital are serving in that capacity today in nominees. It would be one thing if they above partisanship to try to find good solutions for America. I think most support of the wars in Iraq and Afghan- reviewed their resumes, brought the istan. He would be responsible for the nominees before the appropriate com- Americans agree with that. Oh, there are some Yellow Dog Democrats and health of the men and women in uni- mittees, and decided they were not fit form. The budget the President sub- to serve. But that is not what is hap- some hard-shell Republicans who say: Never compromise, never, but they do mitted yesterday includes $30.9 billion pening. Instead, simply to waste time, for health care for the members of the Republicans are refusing to let the not represent the majority of America. The majority of the American people military family who are covered by Senate vote at all. When these nomi- TRICARE. That would be one of Dr. could care less about Democrats and nees do finally come before this body, Stanley’s responsibilities. Republicans. They worry about this you would be surprised—many of them Finally, he is a senior policy adviser pass unanimously after they have Nation and its future. They worry on retirement, career development, stalled for days and days. You about their families, their neighbor- pay, and benefits. It is a critically im- shouldn’t be surprised, but it is enough hoods, their schools, and they wonder portant role for our military and our to make you feel uneasy in the stom- why we squabble so much here and families who really support these mili- ach that these people who are con- spend so much time tied up in knots tary people. And Dr. Stanley is clearly cerned with the security of our Nation over arguments that do not make any qualified to do it. He has gone through are being stopped from being able to go sense. the process of scrutiny and investiga- to work by virtue of the Republican I just heard the majority leader de- tion. party of no. scribe four individuals who have Yesterday on the floor of the Senate, These Senators are ignoring their re- stepped up when the President asked when the majority leader asked for per- sponsibilities to confirm or reject the them to and said: We will serve. Do you mission so that he could go forward men and women our Commander in know what it means when you say you and serve our country again in the De- Chief has chosen to help lead this Na- will serve? It means the FBI looks partment of Defense, the Senator from tion to safety. They are abdicating through every aspect of your life. You Alabama, Mr. SHELBY, objected. I their responsibility to the American fill out lengthy questionnaires, you would like to hear why. What is it people to keep us safe. They are cer- prepare yourself to go before a com- about this man that he objects to? Is tainly not putting country first as ad- mittee and be asked questions about there something we do not know about vertised. every aspect of your life, personal and Dr. Stanley? Is there something he Here is the bottom line: My Repub- public. You submit your name to the knows about his 33 years of service in lican colleagues are basing their judg- press to let them look through every- the Marine Corps? I bet there is not. I ment on the political party doing the thing as well. And then you bring your bet there is another reason for it. I do nominating rather than the person name, of course, to the floor of the not know if we will ever know that. being nominated. This irresponsible Senate, in this case, for final scrutiny. But the fact is, he was objected to. But partisanship does not merely poison Is there any wonder that a lot of people he was not the only one. our political system, it endangers our say: Thanks, but no thanks. I am not Laura Kennedy is the nominee of the national security. interested in doing that. I love my President to serve as U.S. Representa- I have no doubt our friends on the country, but, you know, I value my pri- tive to the Conference on Disar- other side realize that when we keep a vacy, and I do not want to go through mament. That is the way we meet to- critical office empty in the Pentagon, that hassle. But some have the courage gether with the other nations around

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S404 CONGRESSIONAL RECORD — SENATE February 2, 2010 the world to try to reduce the advance her nomination forward. The Senator jection to any or all of these four peo- of nuclear arms and the threat of nu- from Alabama, Mr. SHELBY, objected. I ple, he should come forward and tell us. clear war. Her nomination is based on would like to ask the Senator, what He owes it to the Senate. He owes it to the fact that she is an experienced dip- does he know about Caryn Wagner that the American people. In fairness, he lomat with talent and skills that are would lead him to object to her serving owes it to these four people who have desperately needed in this very in- the United States of America and try- served our country well and want to volved, difficult, and important nego- ing to keep us safe? If he knows some- continue to do so. They should not be tiation. She has already served with thing, the next half hour on the floor of left in this uncertainty. distinction in several high-profile posi- the Senate is available to the Repub- f tions with the Foreign Service. She lican side. I invite him or the leader- was the Ambassador to Turkmenistan, ship to come forward and tell us what FAIR ELECTIONS NOW ACT the Deputy Chief of Mission to the is wrong with this nominee. Why are Mr. DURBIN. Mr. President, when I United Nations, and the Deputy Com- you holding up this nominee? leave the Chamber, I will be headed to mandant at the National War College. Then, of course, there is Phillip Gold- the Senate Rules Committee on which She was reported out of the Senate berg, the nominee for Assistant Sec- I serve for a hearing to discuss the Su- Foreign Relations Committee 2 months retary of State for Intelligence and Re- preme Court case that was decided a ago. What is holding her up? Yester- search. This man has served as our Am- few days back that is going to make a day, the majority leader asked that bassador to Bolivia, Chief of Mission in dramatic difference in the way polit- Laura Kennedy, the nominee to be the Kosovo, and Deputy Chief of Mission in ical campaigns are waged. Representative to the Conference on Chile, under Republican and Demo- For 100 years, since the days of Teddy Disarmament, be approved by the Sen- cratic Presidents as well. He is the co- Roosevelt, we have agreed to keep ate, and the Senator from Alabama, ordinator of the U.N. Security Council major businesses, big corporations out Mr. SHELBY, said: I object. Well, I resolution monitoring the implementa- of our American political scene. They think Senator SHELBY owes it to all of tion of resolutions on North Korea. get involved, make no mistake. We saw us to come and tell us why. What is it He would be head of the Bureau of In- that on health care reform. The major he objects to about Laura Kennedy? telligence Research at the Department forces for and against it in the private Does he feel she is not qualified? If he of State. A big part of their responsi- sector bought ads. But when it comes does, let’s hear why, and then let’s bility is to make sure our foreign pol- to candidates, actual people running bring it to a vote of the Senate. Is that icy is based on good intelligence gath- for Federal office, we have said: No cor- not fair? ering around the world to keep Amer- porate contributions to these can- Then there is Caryn Wagner, the ica safe and secure. For over 60 years, didates; individuals, yes, who work for nominee for Under Secretary for Intel- this branch of our government has led the corporations, but not the corpora- ligence and Analysis of the Department the State Department review of sen- tions themselves that have millions of of Homeland Security. Do we need sitive counterintelligence and law en- dollars they can funnel into campaigns. someone to deal with intelligence in forcement activities. In 2004, the Sen- That was the law for 100 years. this time of the threat of terrorism? Do ate Select Committee on Intelligence Then the Supreme Court took up this we need someone like that at the De- revealed that this agency was one of case and, as a result, it is all going to partment of Homeland Security? We the few dissenting votes 2 years earlier change. When I saw the final decision, need them yesterday; we do not need when the CIA and other intelligence I noticed that Chief Justice Roberts them tomorrow. The Under Secretary shops overstated the threat of Saddam and Justice Alito had joined with Jus- for Intelligence and Analysis is consid- Hussein in Iraq. This agency got it tice Kennedy and Justice Thomas and ered the chief intelligence officer of the right. Although its primary customer Justice Scalia for the five-vote major- Department of Homeland Security. The Under Secretary has to bring together is the State Department, this agency ity on the Court. I couldn’t help but re- all of these different agencies and serves many other branches of govern- member not that long ago when Chief branches of government to make sure ment. The confirmation of Philip Gold- Justice Roberts appeared before the they coordinate their efforts. berg would provide essential leader- Judiciary Committee. I was there. He We know what happened last Christ- ship. was asked: What is your role on the Su- mas. There was not enough done. It Yesterday, the majority leader came preme Court going to be as Chief Jus- was not done in a timely way to deal to the floor and asked unanimous con- tice? He said: I am just there to call with this man who threatened the lives sent for Phillip Goldberg to serve in the balls and strikes. That is it. I am of those who were on that airline des- the Department of State to gather in- not there to make up the rules of the tined for Detroit. telligence to keep America safe. He game. That is for somebody else. Caryn Wagner is highly qualified to asked consent that we move to his For 100 years, it was pretty clear that meet the demands of this position. She nomination, a nomination with no con- when major corporations wanted to was the senior Defense Intelligence troversy. The Senator from Alabama, participate in supporting directly the Agency representative to the U.S. Eu- Mr. SHELBY, objected. Please, I ask my candidacies of Federal candidates, the ropean Command and to NATO. She is colleagues on the Republican side of ball went right down the middle, and it an instructor at the Intelligence and the aisle, come to the floor and explain was clearly a strike. We said: You are Security Academy. She retired from to us what is wrong with Philip Gold- out. But not this Supreme Court, not the House Permanent Select Com- berg. What disqualifies him for this po- under this Chief Justice. This is clear mittee on Intelligence in October of sition in this administration? Make judicial activism. 2008, where she served as budget direc- your best case, if you have one, against I challenge any of Chief Justice Rob- tor and cyber-security coordinator. Be- him or any one of these nominees, and erts’ supporters on the other side of the fore that, she served as Assistant Dep- then, out of a sense of fairness and at aisle who preach to us over and over uty Director of National Intelligence. least a sense of giving this country and again about their loathing for judicial Her experience also includes serving as this President the people he needs on a activism to explain what happened in a signals intelligence and electronic team he needs to keep us safe, let’s this case, when this Supreme Court warfare officer in the U.S. Army. That come to a vote immediately on these overturned that prohibition against is a pretty strong resume, isn’t it. She four nominees. corporations being directly involved in is a person you would want in this job I do not hold out a lot of hope that candidates’ campaigns. immediately. Why in the world would any Republican will come to the floor Most people who haven’t been in this we risk an attack on the United States with objections against any one of world are probably scratching their by withholding critical personnel and those people because, you see, these ob- heads and asking: What difference does critical leadership when it comes to jections are sometimes based on some it make? You folks spend millions of gathering intelligence in the Depart- grudge, some project, something else. I dollars anyway. What is a couple mil- ment of Homeland Security? do not assign that to the Senator from lion more going to do? Yesterday, the majority leader asked Alabama. I have no idea why he ob- What it basically means is that when for consent to have the Senate move jected. But if he has a substantive ob- corporation X comes to the office of a

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S405 Senator and says: We have an impor- roll them. That is the best we can hope we have the courage to step up and do tant tax matter coming up here and for for, but it may be all we need. it. our corporation; we would appreciate if My State of Illinois is, with one pos- This decision by the Supreme Court you would vote against this new tax on sible exception, notoriously suspect of should be the reason, should be the cat- our business. Now Senators can take a big-money candidates who come in and alyst for making this reform decision look at it and say: Well, I may vote for spend millions to get elected. They now. I urge my colleagues to consider it; I may vote against it. I know per- waste a lot of their personal wealth cosponsorship of Fair Elections Now. haps the officers at the corporation, and they don’t win, with one possible We are anxious to get as many Sen- maybe its employees, may be upset if I exception. I think there is a skepticism ators on board as possible. We hope it vote for the tax. I have to make up my to big money. can be moved in this session of the mind. Public financing is a way to clean up Senate. Now there is a new element. Because our political campaigns, to have can- How much time remains on this side? of this Supreme Court decision, cor- didates in the constituent business The ACTING PRESIDENT pro tem- poration X can say: We would appre- rather than the campaign financing pore. There is 9 minutes 45 seconds. ciate if you would vote against that business. If you could sit down with Mr. DURBIN. I reserve the remainder tax. And you will know in the back of Members of the Senate and say a few of my time and suggest the absence of your mind they can literally spend $1 words to them, they will know in- a quorum. million to defeat you in the next elec- stantly what you are talking about: The ACTING PRESIDENT pro tem- tion, thanks to the Supreme Court. Power hour, dialing for dollars, week- pore. The clerk will call the roll. How do we fix this? This morning the ends on the road. We all know what it The legislative clerk proceeded to Rules Committee will talk about dis- is about. It is about the incessant call the roll. closure, making sure that corporations money chase that is necessary to raise Mr. UDALL of New Mexico. Mr. are well known when they buy these money to finance campaigns under the President, I ask unanimous consent ads so at least the American people current system. that the order for the quorum call be know who is paying for them, and some It is time away from our States, rescinded. other aspects to regulate the Supreme away from our families. It is time away The PRESIDING OFFICER (Mr. HAR- Court decision within the bounds of from meeting voters who don’t happen KIN). Without objection, it is so or- what the Supreme Court said we can to be rich, who deserve representation dered. do. But I think it goes to a larger ques- and a voice in the process. That is un- Mr. UDALL of New Mexico. Mr. tion. fortunate. It should change. What we President, I ask unanimous consent Some of my colleagues in the Senate are trying to do now is to bring in pub- that I be allowed to speak for as much have said all along that what I am lic financing with the Fair Elections time as I may consume in morning about to describe is too far in the fu- Now Act. business. ture, not within our grasp. I think it is How would we pay for it? We would The PRESIDING OFFICER. Without time for us to seriously consider public impose a tax on corporations doing objection, it is so ordered. The Senator financing of campaigns. I think we business with the Federal Government. is recognized to speak as in morning ought to start drawing a bright line be- It wouldn’t be onerous, but it would be business. tween those who will accept public fi- enough to fund public financing of all f nancing and limited contributions from campaigns for the House and the Sen- individuals and those who are ready to ate. I don’t think that is unreasonable. CITIZENS UNITED V. FEDERAL go out into this wild west of corporate We would also provide discounts on ELECTION COMMISSION politics, special-interest politics, big- time that candidates would buy on tel- Mr. UDALL of New Mexico. Mr. money politics. evision and radio so they wouldn’t have President, Chairman SCHUMER started I introduced a bill a few years back, to pay as much as the most expensive hearings this morning in the Rules the Fair Elections Now Act. As a mat- time that is sold. Committee on the Supreme Court deci- ter of fact, the current President, when What do people think of this idea? It sion, Citizens United v. FEC. This Su- he was then Senator Obama, was a co- turns out it is one of the few things preme Court decision completely sponsor. What we are basically trying people agree with on a bipartisan basis: changes the campaign finance land- to do is to follow the lead of major 69 percent of Democrats, 72 percent of scape. States that have voted for campaign fi- Republicans, and 60 percent of Inde- Fifty years ago when my father nance reform. When States such as Ari- pendents support this proposal when Stewart Udall and my Uncle Mo were zona took this issue to the voters of we describe to it them. It is supported in office, money had minimal impact their State and asked: Do you want to by a lot of government groups, many on the electoral and political system. clean up elections; do you want to have former Members of Congress, some It was about connecting with people fair elections, public-financed elec- business leaders, and even some lobby- and the marketplace of ideas. Right tions, the voters said: Yes. Get the lob- ists. Recently a letter was sent to the now it is just as much about the big- byists and special interests out of this Senate, a general letter from major gest checkbooks, if not more so, than mess. Let’s try to make this directly corporations across America saying: it is about the best ideas. candidates to the voters and take the Please, leave us alone. We are sick and Unfortunately, we are about to see a special interest groups out. tired of being asked to find excuses to lot more big checkbooks in the elec- This bill would do that. What it basi- give you money. Do it some other way. tion process. Last month’s Supreme cally says is that to qualify for public Clean up this mess in Washington. Court decision in Citizens United v. financing, you go out and raise small The Fair Elections Now bill I have FEC was a victory for the special inter- contributions, $100 maximum contribu- introduced will do that. I encourage ests at the expense of the average tions, and put those together in a suffi- my colleagues to take a look at it and American. We have seen firsthand the cient amount to show you are a viable to try to imagine a world where we impact special interests such as big oil candidate, and then you qualify for didn’t have to go scrambling looking and big banks and health insurance public financing—in the primary, then for money. Imagine a world where you companies have had on the legislative again in the general—based on the pop- walked down the streets of your home- process. Now, with this decision, al- ulation of your State. Will you have as town and when you are in an election ready powerful corporations and labor much money as a big corporation? No. cycle, people don’t rush to the other unions will be able to further open But here is my theory. My theory is, if side of the street for fear you will ask their bank accounts, further drowning a candidate goes for public financing, for another check. Think about what out the voices of everyday Americans they will have enough money to get life would be like if we were talking in the political process. out their message, introduce them- about small contributions creating the Members of both Chambers and the selves to the voters, make the issues, base of grassroots support for can- administration are working on legisla- and clarify if some major corporation didates, both challengers and incum- tion to address the Citizens United de- is going to come in and try to steam- bents. That is a reality of our future, if cision. I commend their efforts, but I

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S406 CONGRESSIONAL RECORD — SENATE February 2, 2010 believe a comprehensive overhaul of The PRESIDING OFFICER. The side, we laid out our side, we had the the campaign finance system is nec- clerk will call the roll. vote, and now it is time to move ahead, essary in order to restore public faith The assistant legislative clerk pro- have the final vote, and get this person in our elections. What we are seeing ceeded to call the roll. to work down at the Department of here today is large special interests Mr. HARKIN. Mr. President, I ask Labor. supplanting the voices of everyday unanimous consent that the order for Again, I say for the benefit of those Americans in the political process. the quorum call be rescinded. watching, here we are in another one of The Supreme Court has shown its The PRESIDING OFFICER (Mr. these filibusters. We stopped the fili- willingness to rule broadly and ignore UDALL of New Mexico). Without objec- buster, and now we are in this 30 hours longstanding precedent when it is re- tion, it is so ordered. afterward which we do not really need. viewing the constitutionality of cam- Mr. HARKIN. Mr. President, I ask Everything to say about Patricia paign finance laws. The best long-term the Parliamentarian, what is the busi- Smith has basically been said. The solution is a constitutional amendment ness before the Senate at this time? record has been made. She appeared be- that would prevent the Court from f fore the committee. She answered overturning sensible campaign finance questions. The record is there. There is regulations. I would welcome the op- CONCLUSION OF MORNING nothing you can do. It is going to come portunity to join my colleagues in in- BUSINESS out. Everything is there, and all of our troducing such an amendment. The PRESIDING OFFICER. Morning Senators know that. While I believe a constitutional business is closed. But the rules are the rules, and the amendment is the ideal solution, I also f Republicans have the right to invoke think comprehensive reform legisla- the rules. Evidently, they have invoked tion is a step in the right direction. As EXECUTIVE SESSION the rule to chew up 30 hours. It is a a Member of the House for 10 years, I shame we have to waste our time like joined Representative DAVE OBEY as an NOMINATION OF M. PATRICIA this. As long as we are chewing up the original cosponsor of the Let the Peo- SMITH TO BE SOLICITOR FOR time and Republicans are insisting ple Decide Clean Campaign Act, a bill THE DEPARTMENT OF LABOR that we keep the lights on and the heat that would fundamentally change how on and keep everybody around for 30 House elections are conducted. Mr. The PRESIDING OFFICER. Under hours, I would like to make some more OBEY reintroduced this bill in this Con- the previous order, the Senate will pro- remarks on behalf of Patricia Smith gress, and I intend to introduce a com- ceed to executive session to resume and where we find ourselves. panion bill in the Senate in the coming consideration of the following nomina- As I said, I am very grateful to our weeks. The act does not attempt to tion, which the clerk will report. colleagues for the vote last night to fine-tune the existing congressional The assistant legislative clerk read end debate and invoke cloture. We have campaign finance system or tweak the nomination of M. Patricia Smith, devoted very ample time to our delib- around the edges; rather, it makes fun- of New York, to be Solicitor for the De- erations on Patricia Smith. It is now damental, wholesale changes to fund- partment of Labor. time to act. raising by candidates, regulations of The PRESIDING OFFICER. The Sen- There is no question, when you look outside groups, and the role of political ator from Iowa is recognized. at the record and the facts, that Patri- parties. It contains a finding that Mr. HARKIN. Mr. President, for the cia Smith is abundantly qualified to America’s faith in the election system benefit of those who are tuned in on C– serve as Solicitor of Labor. She has an has been fundamentally corrupted by SPAN in their offices, what we are now impressive background in labor law big money from outside interest in is what is called postcloture on the and a demonstrated record of achieve- groups. It establishes a system of vol- nomination of Patricia Smith to serve ment in the State of New York. More untary contributions to provide public as Solicitor of Labor. This is a nominee important, she clearly has a deep and financing in campaigns for House can- who came before our committee almost passionate commitment to help Amer- didates in general elections. It provides a year ago, in April. It has been held up ican workers. I can think of no better more funds than the current system for and held up. qualification for this critical position. the vast majority of challengers to Yesterday, the Senate voted cloture There is also no question that Com- mount their campaigns. And it empow- because it was being filibustered—yet missioner Smith—and I use the words ers voters with the knowledge that another filibuster by our Republican ‘‘Commissioner Smith’’ because she is their vote affects the outcome of the friends. So we had a vote last night, presently the commissioner of labor for current election and also affects the and cloture was invoked by 60 votes. the State of New York—there is no amount of funds distributed to nomi- Now we are in the period of what they question that Commissioner Smith has nees in future elections. It bans all call postcloture, 30 hours of undergone a very thorough vetting independent expenditures so that only postcloture. We will have a final vote process. As I said, the nomination has the candidate is responsible for his or up or down for Patricia Smith to be So- been before us since last April. She has her message. It provides for expedited licitor of Labor. If she got 60 votes last testified in open hearing. She has an- consideration of a constitutional night on cloture, it is obvious she cer- swered more than 50 written questions. amendment allowing these changes if tainly has more than 51 votes to take She has met with any Senator who the Supreme Court rejects the plan, the position as Solicitor of Labor. wanted to meet her. Her nomination and it provides a process by which That is where we are. We are in this was debated extensively in our com- third-party candidates can also partici- 30 hours. Again, it raises the question mittee, frankly. It has now been de- pate in the system. in my mind, why are we chewing up 30 bated on the Senate floor—a step that Money can have a corrosive effect on hours? We know the votes are there. in previous Congresses was often re- the political process. We have seen evi- We voted on cloture last night. Yet our served for judges who get lifetime ap- dence of that in campaigns at all levels colleagues on the Republican side are pointments or for Cabinet-level nomi- of government. We have long needed insisting that we just chew up time. nees, not for someone who is going to substantive campaign finance reform, For what purpose? We have the lights be Solicitor in the Department of and it is my hope that the High Court’s going, the heat is on, all our staffs are Labor. It is time to bring the discus- disappointing decision will provide the here, and no one else is on the floor. So sion to an end and let Commissioner push we need to put elections back in why do we run this 30 hours and waste Smith get to the Department of Labor the hands of average Americans and taxpayers’ money and waste all this and start doing her job. not the special interests who can use time when we know what the vote is I listened very carefully to the argu- their unlimited bank accounts to rail- going to be? ments raised by my Republican col- road the process to their preferred con- We have been through all this. Patri- leagues yesterday against Commis- clusion. cia Smith has had her hearings. I sioner Smith’s nomination. While I I yield the floor. I suggest the ab- thought we had a pretty good debate think we could spend quite a while de- sence of a quorum. yesterday. Republicans laid out their bating about which e-mails she was

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S407 copied, which staffers should have kept being skimmed on minimum wage and utation. They claim she’s antibusiness. her in the loop and all that, I can’t aren’t being paid minimum wage and They claim she is trying to close com- help but conclude that this debate fun- are working overtime and are not being panies and put workers out of a job. damentally comes down to a disagree- paid overtime—are they saying nobody These charges are totally unfounded. ment about whether this Wage Watch should report that and that we should There is no basis for those charges at program that was instituted by the keep hands off? Surely, that is not all—not a scintilla of evidence about New York Department of Labor as a what my Republican colleagues are those charges. In fact, they are exactly pilot program was a good idea. It kind saying, is it? the opposite of what her record at the of comes down to that. I will have more Well, again, these are not radical ac- New York Department of Labor shows. to say about what I think it comes tions we are talking about. They are Patricia Smith has dedicated the last down to in a minute. educational and outreach activities de- several years of her life to helping My colleagues on the other side of signed to empower workers and protect workers find jobs and keep jobs. Since the aisle—and I read the record—have their rights and give them information. taking over as commissioner, Ms. used some pretty scary words to de- Everything on this chart can be done Smith has spearheaded a $4.25 million scribe this pilot program. They called by any private citizen any day of the initiative to prepare New Yorkers for it entrapment, vigilantism. They say it week. jobs in emerging and green industries; ‘‘deputizes private activist groups to While staff on the Department of revamped the State’s unemployment intrude on small business.’’ They have Labor, in their e-mails that we saw, insurance training programs to allow said the Wage Watch volunteers are may have called this an ‘‘enforcers’’ more workers to get approved for like the private citizens, the Minute program in the early days, in January training dollars at the same time they Men, who try to patrol our borders and February when they were brain- are collecting unemployment benefits; with guns. storming about the project that is real- promoted the State’s Shared Work Pro- If there was even one scintilla of evi- ly not what it was. Wage Watch par- gram, which gives businesses an alter- dence that is what this program is ticipants were not conducting inves- native to layoffs as they face a tem- about, I would be alarmed, too. But it tigations. They had no enforcement au- porary decline in business, increased is not. thority. They couldn’t demand to see a the number of businesses participating Again, let’s look at the documents business’s books or access private prop- in the program from 293 in 2007 to 1,620 and get the facts. The agreement that erty. Commissioner Smith made this in 2009. participating groups signed to join this very clear in her own descriptions of These are just a few of her many im- pressive accomplishments in the area Wage Watch is a good description of the program. what Wage Watch volunteers did. Here There has been a lot of talk about e- of job training and workforce develop- ment. is the agreement that groups who mails and such. I saw some of the Where Commissioner Smith really agreed to get involved in that agreed charts put up by my friend from Wyo- to: gained her reputation as one of the fin- ming yesterday. They were all from est labor lawyers in the country is in Conduct outreach to the public about labor people other than Commissioner the area of enforcement. She is com- laws (handing out brochures, etc.) in formal Smith. You can see what Commissioner and informal settings (e.g., at organized fes- mitted to protecting workers’ rights. Smith said on January 15, 2009—not In 2008, the New York Department of tivals, neighborhood or group meetings, what somebody else said: other organized events . . . bus and subway Labor collected $24.6 million in back stops, libraries, supermarkets, or similar lo- The Wage Watch groups will conduct ac- wages for 17,000 workers across the cations); tivities which promote labor law compliance State. This was a 37-percent increase in Provide seminars or informational sessions . . . including handing out leaflets about collections from previous years, and it labor laws to workers at community events to the public; significantly increased the compliance Set up and staff tables at events for the or supermarkets; giving know-your-rights purpose of providing information to the pub- training to workers; talking to workers at rate among employers. lic and answering questions regarding the restaurants and other businesses open to the Now, would someone on the other labor law; public; and talking with employers about side say we should have allowed these Obtain information regarding potential labor law compliance. people to be cheated out of $24.6 mil- labor law violations from parties familiar This is important: lion in back wages and sort of washed with the violations; our hands of it and moved on? That is Fill out basic complaint forms regarding Please note that the groups and individ- uals who participate as Wage Watchers will not only unfair to the workers, it is un- potential labor law violations and pass them fair to the thousands of businesses in on to the Department. not be agents, employees, or official rep- resentatives of the Labor Department. They the State of New York that comply Nothing illegal. Nothing unethical. are not replacing staff and they are not with the law, that pay fair wages, that Informational. Certainly, don’t we going to be conducting investigations of any pay overtime pay. There is more of want people—especially those at the kind. Their role is limited to doing outreach them than the others. The vast major- lowest end of the economic ladder—this and community education, and to reporting ity of businesses comply with the law. is what we are talking about. These are any violations they encounter to the Divi- There are always a few trying to skim sion. people working at minimum wage jobs, it, cutting corners, figuring out how barely maybe above minimum wage. That is from Commissioner Smith. I they will never be caught. It usually They are the workforce you go by when didn’t see anybody on the other side affects the lowest wage workers. you go into the door of a restaurant or put up that chart yesterday. They had It is unfair to the legitimate busi- they are back in the kitchen or they charts from other people but not from nesses in New York. That is why so are perhaps in the retail industry doing Commissioner Smith. many business groups support Patricia other things. They are the janitors you Again, when it comes down to it, all Smith. We have letters of recommenda- don’t see at night cleaning up business these Wage Watch people could do was tion from business groups in New York places—a number of people like that. talk to workers who were willing to talking about how she listens and Again, they are at minimum wage and chat with them and hand out fliers. Is works with them, how fair she is in en- probably don’t belong to any organized this vigilantism running amok? Hard- forcing the laws. So if someone over labor union. Many of them have lim- ly. It is simply volunteers who are will- there says she should not be doing ited language skills, and they are try- ing to take time out of their day be- that, should not be that aggressive in ing to get by and raise their families. cause they care about low-wage work- going after bad wages, I don’t think le- So we are trying to get information to ers and they want to help them. I can’t gitimate businesses would say that is them about what their rights are. imagine how this harmless, generous unfair. They would say: Yes, go after Do my Republican colleagues believe form of outreach could possibly be ob- the people giving us a bad name and, it is wrong to inform people about jectionable. frankly, unfairly competing against us. what their rights are under the law? Unfortunately, my colleagues on the Those are impressive achievements. Surely they don’t want to say if you Republican side have used this program Maybe that is the reason some of our find violations of law regarding safety to try to tarnish Commissioner colleagues are afraid of her being Solic- or health or wages of people who are Smith’s impressive and impeccable rep- itor. There is no question she will be a

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S408 CONGRESSIONAL RECORD — SENATE February 2, 2010 Solicitor who will enforce the law. She Let’s be frank about it. Fear. It is to one of the debates about this. She had will do it fairly and reasonably but also make them afraid. Well, if they can testified in the hearing that this was make sure there are real penalties for just show an example of that, maybe something that came up from within taking money out of workers’ pockets we can look at it. There are no exam- her department. Well, unbeknownst to or putting workers’ lives at risk. I ples of this anywhere. her, some of her staff lower down had guess that is what it comes down to: My friends on the other side also talked to outside groups and discussed Do we want a Solicitor who is willing raised questions about certain mis- this Wage Watch program and then to go the extra mile and try new ap- representations that Commissioner presented it to Commissioner Smith. proaches and new ideas if it will help Smith gave to the committee. I would Well, my response on that is, what is protect workers’ rights? I believe we never minimize that. When people tes- the big deal? So what? So what if some do. That is what we need in these tough tify before committees, they should do outside groups were involved in this? economic times. so honestly and openly. I also know Again, was it illegal? Was it unethical? I have looked at this Wage Watch human beings make mistakes. I can’t Was it underhanded? No. Perfectly pilot program. Quite frankly, I don’t tell you how many times I have been at legal. I daresay, all of us Senators meet know what the results are yet. There is a committee hearing when I heard a with outside groups all the time. They a pilot program now being assessed. question and the person being re- come to see us, talk about programs, Quite frankly, I would be an energetic quested heard it differently than I talk about how we should be doing supporter of that kind of an approach, heard it. We don’t always hear things things. That is one of our functions, to where people in the community who the same. So what you do is you are listen to outside people to get better speak the same language, who live in able to correct the record and, guess ideas. the same neighborhood, who go to the what. We do that every day here, don’t This would be a sorry place if all we same churches, whose families inter- we? did was talk to one another. It is a connect but who are on the lowest rung I am standing here speaking, and the good thing we are talking to people on of the economic ladder—I would be in reporter is taking it down—doing a the outside. So whether the program favor of giving them information about great job, I am sure of that. But guess was suggested by one of her staff or by what their rights are when they go to what. Sometimes mistakes are made. I an outside group, I say: So what? She work every day and about what it may say a word, and the reporter happened to think it came from within means to work overtime and how much might say: That guy HARKIN speaks her department and later found out her they should be paid for overtime, what with that Iowa lingo, and I didn’t un- department people had been talking to the minimum wage is and how they derstand that Midwest lingo. And they someone on the outside. OK. She cor- should be paid the minimum wage, and, may put it down wrong. That is why we rected the record. So what is the big yes, also what safety is. have a record. Our staffs go back to the Are they working around hazardous record, or I go to the record, and we deal? materials and not being adequately correct the record. We all do that every Then there was a question about ex- protected? Is their health being endan- day around here. It is simply because panding the program. Well, I would say gered? They ought to know those people are human and they make mis- honestly, did Commissioner Smith things. So many people don’t. takes. want to expand the program? Sure, as Again, as I said yesterday, we are not When we have a hearing in front of a long as it proved to be successful. That talking about people working on Wall committee and somebody asks a ques- is what a pilot program is for. Obvi- Street on hedge funds or CPAs, ac- tion and the witness answers it and we ously, she thought it was a good idea to countants, lawyers, and investment find out the answer wasn’t correct, we put the pilot program in. The whole bankers. We are not talking about Sen- can go back to the witness and say: point of a pilot project is to expand it, ators and our staffs and people who What is this all about? Here was a if it is successful. Again, it had to do have all this knowledge. We are talk- question and here was your answer, but with conversations about a question ing about people who don’t understand we have different information. about had she had conversations about what their rights are. They are happy The witness will be able to look at expanding the program. to be here. They are happy to have a that and correct the record, and that is There was another little problem. minimum wage job. They are happy to what Patricia Smith did. Obviously, What she thought they were talking be able to keep their families together she heard the question one way, the about was, did she have conversations and hope and dream that their kids questioner thought he had questioned about expanding, authorizing and ex- will have a better life than they have her in a different way. But she cor- panding the program and she had not had. rected the record. authorized any expansions of the pro- So, again, this Wage Watch, to me— Again, keep in mind, no one on this gram whatsoever. But, of course, she I hope that it is proved out that it was side of the aisle is alleging she did this talked about: Well, if it is successful, successful. Quite frankly, I think this to cover up an illegal activity or to sure, I would like to expand it. is something we should emulate. My cover up something nefarious, to cover In fact, I would point out, to this colleagues on the Republican side seem up something that was unethical. No. day, she has never authorized an ex- to want to denigrate it and say this is There is no allegation about that on pansion of the program. Why? Because vigilantism and like Minutemen. that side because it is simply not true. they do not have all the data, and they Someone said in the Neighborhood She made a simple mistake. She cor- have not thoroughly ever evaluated the Watch program, people cannot go into rected it. success of the pilot program. I think people’s homes. None of these people There were two times when that hap- that is what a responsible leader does. who were on the Wage Watch could go pened. One was simply because, at that into a private business unless they point in time, she did not have all the Lastly, there is some allegation that were allowed to. They couldn’t ask for information she should have had. When the Wage Watch program was used by the books or see the ledgers or any- she went back to her staff in New unions as an organizing tool. Well, thing like that. They could go into a York, she found a different thing and again, is anyone on this side alleging store that was open to the public—a corrected the record at that point. that is illegal, unethical, nefarious in Walmart or supermarket or places As I said, we do that all the time some way or underhanded? I do not where the general public can go. They around here and we do not think any- hear those allegations because they are could not go into a private business thing about it. Republicans do it. not so. where people were working, if the gen- Democrats do it. We correct the record Quite frankly, I do not think there eral public wasn’t allowed to go in all the time simply because human would be anything wrong with that. there. beings are human beings and people But Commissioner Smith took all ap- Again, all the comparisons to vigi- make mistakes. propriate steps to make sure unions lantism and what I have heard from There has been a lot made of whether separated their organizing activities the other side—these are words that this idea came from within her staff or from their volunteer work with Wage are intended to put fear into people. came from the outside. Well, that was Watch.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S409 As far as I know, and I have seen no publicans are intent on wasting time. have heard about Somalia, Sudan. Ev- evidence to the contrary, her instruc- There is nothing happening here. Any- eryone knows about that. But nobody tions were followed. They were sepa- one can see that. Anybody watching on says anything about the Lord’s Resist- rated. I have seen no evidence to the C–SPAN can see nothing is happening ance Army and what they have been contrary. So I hope our debate and here and we just waste time. We can doing in that area of Africa for 25 what I have been able to say and put in have the vote now. We could have the years. the record will put to rest any concerns vote in 20 minutes. Nothing would I have been there. I have been all the colleagues may have about Mrs. change. But we have the 30 hours. I way up there to Gulu in northern Smith’s honesty and her integrity. guess we have to waste it. But I wanted Uganda. Let me share the problem that Her honesty and her integrity are un- to take this time, again, to set the exists up there. assailable. Is she infallible? Never record straight one more time on Pa- This madman, kind of a spiritual makes a mistake? Well, I do not know tricia Smith, her integrity, her hon- leader, by the name of Joseph Kony has of any living human being who can say esty, her exemplary background, and taken advantage of all the unrest and that. But does she recognize and cor- the fact that she is going to be an out- the disasters by going into villages and rect it? Absolutely—as we all do. Well, standing Solicitor for the Department kidnapping, taking young people and again, honesty and integrity, unassail- of Labor. training them to be soldiers. We are able in her performance as commis- I suggest the absence of a quorum. talking about little kids, little boys. sioner of labor in the State of New The PRESIDING OFFICER. The They are from 11 to 14 years old. Once York. clerk will call the roll. they train them to be soldiers, they ac- Again, I will point out, this pilot The bill clerk proceeded to call the tually give them AK–47s. I do not have project was a $6,000 pilot project. She roll. my chart now, but I have pictures of was in charge of running an agency Mr. REID. I ask unanimous consent that. They train them to be soldiers, with an $11 billion, that is spelled with that the order for the quorum call be and then they have to go back to their a B, $11 billion budget; 4,000 employees rescinded. villages and murder their parents and across the State of New York. This was The PRESIDING OFFICER. Without their siblings. If they do not do that, a $6,000 pilot project. We have to kind objection, it is so ordered. then they will dismember them. They of keep that in perspective as to how will cut their noses off, cut their ears f high it was on her viewing screen. off, cut their lips off. Well, quite frankly, I think this RECESS This has been going on for a long pe- whole delay from last April would have The PRESIDING OFFICER. Under riod of time. Quite frankly, I have got- been avoided if more of my colleagues the previous order, the Senate stands ten to know President Museveni in on the other side had taken the time to in recess until 2:15 p.m. Uganda quite well, President Kagame sit down with Patricia Smith, talk Thereupon, at 12:30 p.m., the Senate in Rwanda, and President Kabila in with her, and hear her side of the story. recessed until 2:15 p.m. and reassem- Congo, and all of them agree that we I also think it would have been avoid- bled when called to order by the Pre- need do something about this monster ed if you read all the letters of support siding Officer (Mr. BEGICH). Joseph Kony. It happens that two of from business groups in New York, the three Presidents I mentioned— from the attorneys, the district attor- f President Museveni from Uganda and neys in New York representing all dif- NOMINATION OF M. PATRICIA President Kagame from Rwanda—are ferent political parties and ideologies. SMITH TO BE SOLICITOR FOR Presidents who have really come to All these attorneys are saying she does THE DEPARTMENT OF LABOR— power in the bush. They are warriors. a great job—if they had just looked at Continued These are people who really are reluc- her record. tant to admit they cannot go after one The PRESIDING OFFICER. The Sen- Well, I did. I looked at her record. I guy and get him. Well, they have fi- ator from Oklahoma. have spoken with her. I have read the nally all gotten together. transcripts. I have looked at the back- Mr. INHOFE. Mr. President, I ask What we are trying to do—well, we ground of all this. I can say, with con- unanimous consent that I be recog- have already introduced it; the author nized as in morning business for 15 fidence, never did she have any inten- of the bill is Senator FEINGOLD of Wis- tion of misleading the committee. minutes. consin—is to go after these people, and Why? This was a perfectly legal, above- The PRESIDING OFFICER. Without this bill provides about $35 million to the-board project. Why would you want objection, it is so ordered. help these kids who have been brutal- to mislead anybody about it? She had NORTHERN UGANDA ized, as well as to give whatever assist- every intention of dedicating her life Mr. INHOFE. Mr. President, last ance we have to give to these different to be the best and most effective Solic- week I came to the floor to talk about countries in order to bring this guy to itor of Labor she can possibly be. an issue that has kind of been drowned justice. Our Nation is very fortunate to have out by a lot of other things that are During one of the trips I made up to public servants of this caliber. I mean, going on, other conflicts and disasters northern Uganda, to Gulu, I ran into you look at this. I have no doubt Patri- around the world. This is having to do three young men. They are college-age cia Smith, with her legal skills, mana- with northern Uganda. It is something types—Bobby Bailey, Lauren Poole, gerial skills in the private sector, can I have been on the floor talking about and Jason Russell. They have started a be making a lot of money. I have no for several years now, and I have had documentary on Joseph Kony. They doubt. But she has chosen a different occasion to be there several times. have gone around to universities, and career path—to be a public servant, a For over two decades, a guy named we now have thousands—tens of thou- public servant, dedicating her life to Joseph Kony has led what they call the sands—of young people who are ral- helping people for whom there is not a LRA, the Lord’s Resistance Army, in lying around this thing, trying to get lot of government help. No one is stick- violence all throughout northern Ugan- us to do something as a nation. These ing up for them, people at the bottom da, in that whole Great Lakes Region young people have become very effec- end of the ladder. of east and central Africa. They have tive. To me, this is one of the highest killed tens of thousands—little kids— This week, this Senate has an oppor- callings I think anyone can do in our displacing over 1 million, and terror- tunity to act in unison to shine the society, is to be that kind of a public izing and kidnapping over 30,000 little light on this forgotten place and to servant. So I think our Nation is very kids, forcing them to fight. It is this begin to bring relief to these children. fortunate to have this kind of a person child soldier thing a lot of people are The Great Lakes Region in Africa in Patricia Smith for this critical posi- aware of, but not nearly enough people has suffered from years of devastating tion. I look forward to her swift con- are aware of it. fighting between tribes, and as a result firmation. With all the problems there are in Af- the area is home to massive numbers of I would hope we would not have to rica—people are more concerned about displaced people who are vulnerable to drag out 30 hours, but it seems the Re- Zimbabwe. They hear about that. They this type of treatment. So those are

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S410 CONGRESSIONAL RECORD — SENATE February 2, 2010 the conditions that allow Joseph Kony What we are trying to do with this— Prior to her term as labor commis- and his LRA rebels to thrive. Kony as I mentioned before, the cost is not sioner, she served as Chief of the Labor preys on the weak. He gets little kids great. This, by the way, is not any ap- Bureau in the New York Attorney Gen- who cannot defend themselves. He gets propriation. This is an authorization eral’s Office for 8 years. In that capac- young girls. He sells them to be sex bill, to authorize probably what the ity, she established a method of labor slaves and these kids to become mur- CBO says is about $28 million to get law enforcement that other attorneys derers. this done. It is not offset. When the bill general and enforcement agencies have In December of 2008, the Government first came out, it was offset by a reduc- used as a model. She was an innovative of Uganda, Southern Sudan, and the tion in certain types of military ex- leader here, increasing efficiency and DRC—that is the Democratic Republic penditures. I disagreed with that, so it effectiveness of the bureau by devel- of the Congo—launched a coordinated is not offset at this time. But of all the oping ethics standards, targeting en- offensive against the LRA. It was efforts out there right now, this is forcement efforts on an industrywide called Operation Lightning Thunder. something that absolutely has to hap- basis, and strategically focusing on During the operation, over 300 rebels pen. workers. were killed, over 40 were captured, and Just by contrast, we had a bill, the Commissioner Smith’s nomination, more than 500 kids who were abducted other African bill, just a couple years which has been pending since April, were rescued. So we are making some ago, called the PEPFAR bill. That was was reported with the unanimous sup- headway in doing this. one that actually had about $35 bil- port of all committee Democrats. Addi- According to estimates by the U.N., lion—much larger than this—and it tionally, she has the enthusiastic sup- between September of 2008 and June of sailed right through. So I would say, if port of labor groups, women’s groups, 2009, the LRA killed over 1,300 civil- we were willing to do that, we ought to and worker advocates. A number of ians, abducted 1,400 more boys and be willing to do this. prominent business organizations have girls, and displaced nearly 300,000 oth- By the way, we have a lot of cospon- also endorsed Commissioner Smith, in- ers. sors now. I do believe we are going to cluding the Business Council of New I know something about this because be successful in getting this bill passed, York State, the Manufacturing Asso- I took the time to go to—you hear a lot and I will be bringing this up, I am ciation of Central New York, the Part- about western Congo—Kinshasa and guessing, probably either Wednesday or nership for New York, the Long Island the problems there. This is eastern Thursday. Forum for Technology, and the Platts- Congo that butts up against Rwanda So with that, I will yield the floor burgh North Country Chamber of Com- and then, further north, Uganda. and hope that any of the other Mem- merce. In going to Goma, we thought that bers of this body who are not already a Commissioner Smith has endured a was where Joseph Kony was at the cosponsor to this bill—it is S. 1067—we rigorous vetting process and has made time. We thought we had an effort that would like to get a few more cospon- herself available to answer over 50 could get him, but we barely missed sors on here if at all possible. questions from our friends from the him. He went north on a tirade, after With that, Mr. President, I yield the other side of the aisle and met with all that, going up toward Sudan and mur- floor and suggest the absence of a interested Senators. I urge my colleagues to move quickly dered thousands of people during that quorum. short period of time. It averages out, The PRESIDING OFFICER. The to confirm Patricia Smith for Solicitor for the Department of Labor. he murders or mutilates about three clerk will call the roll. kids a day. That is why this is impor- Thank you, Mr. President. The legislative clerk proceeded to The PRESIDING OFFICER. The Sen- tant. We can get this guy. We cannot call the roll. ator from North Dakota. do it if we just try the way we have Mrs. GILLIBRAND. Mr. President, I Mr. DORGAN. Mr. President, I make tried it before because it has not ask unanimous consent that the order a point of order that a quorum is not worked and it is not going to work. for the quorum call be rescinded. present. Well, anyway, we have watched this The PRESIDING OFFICER. Without The PRESIDING OFFICER. The take place. It is spreading now to other objection, it is so ordered. clerk will call the roll. areas. I would anticipate before too Mrs. GILLIBRAND. Mr. President, I The legislative clerk proceeded to long, if left unchecked, it would go not rise in support of the nomination of call the roll. just to the Central African Republic Patricia Smith for Solicitor of the De- Mr. DORGAN. Madam President, I but also maybe back into Sudan and partment of Labor. Commissioner ask unanimous consent that the order maybe even Ethiopia. So it is very seri- Smith is a dynamic and effective lead- for the quorum call be rescinded. ous. er with over 30 years of experience in The PRESIDING OFFICER (Mrs. In 2009, a total of 186 people were labor law, and I am very proud to sup- GILLIBRAND). Without objection, it is so killed by the LRA just in Southern port her nomination. ordered. Sudan. One survivor describes his expe- She has exhibited exceptional leader- CONTINENTAL CONNECTION FLIGHT 3407 rience and the murders of his family at ship during her 10 years as New York’s Mr. DORGAN. Madam President, we the hands of the LRA. This is a quote. Labor Commissioner. In this capacity, are approaching the 1-year anniversary This is actually what this person said: she managed 3,700 employees in 80 of- of the fatal crash of Continental Con- We were eating dinner outside of our hut fices and oversaw an annual budget of nection flight 3407 in Buffalo, NY, and when several LRA— $11 billion. today the National Transportation That is the Lord’s Resistance Army— In response to the current economic Safety Board is actually holding a pub- rebels appeared and told us in broken climate, Ms. Smith executed critical lic meeting to consider the final report Lingala— programs to reduce the impact of lay- they are making on that crash. This is their local language— offs. She also implemented career I think almost everyone has heard to get inside of our hut. They looted our training to assist individuals in enter- the tragic story of that crash last Feb- food, locked us inside our hut and burned it. ing high demand fields. Additionally, ruary 12. Two pilots, two flight attend- There were 10 of us; my whole family was in- she has enhanced labor law enforce- ants, 45 passengers on that airplane, side. When I realized they were burning us ment in order to safeguard workers and and 1 person on the ground lost their alive, I started to push against the door, reward responsible employers. lives. This flight was operated by forcing it open. One rebel standing outside of Commissioner Smith fully embodies the door tried to hit me with a heavy club Colgan Air. The plane was a Bom- but I dodged it and ran in the bush. They the integrity and the diligence this po- bardier Dash 8–Q400 operated by a cap- shot after me but missed. Apparently they sition demands and has a wealth of ex- tain and a copilot, both of whom had shot or hit everyone else in my family who perience, making her well qualified to commuted long distances to get to tried to come out. Except for one other per- enforce critical issues such as work- work to make that flight, both of son, everyone else was burned alive. place safety and health, fair wages, whom had been found to have very lit- This is the type of thing we have doc- equal employment opportunity, vet- tle rest before that flight. umented that has been happening for a erans protection, and retirement and The copilot revealed her inexperience long period of time. health benefits. in the cockpit recording that I listened

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S411 to—inexperience in flying in icy condi- this one level of safety. But I think out of the most recent seven airline tions—in the transcript of the voice re- most people believe that one level of crashes in our country have been on cordings. The captain failed a number safety standard, at this point, doesn’t commuter carriers. This, it seems to of tests in his career as a pilot. The quite measure up. That is the reason me, raises a series of questions that NTSB is now considering 45 findings we will examine the recommendations must be addressed—and now I believe and conclusions at a public meeting as from the NTSB as a result of this will be addressed in recommendations I speak. crash. from the NTSB by the FAA, dealing This morning the NTSB members At the time of the crash outside Buf- with the issue of fatigue. Who is flying said the plane and the flight crew were falo, NY, Colgan Air didn’t have a re- the planes? Are they getting proper properly certified, and the plane was in medial training program for pilots. The rest? It deals with the issue of com- good condition before takeoff. They captain of the flight had failed numer- pensation. Is it the case that you get also said the ice buildup that night fly- ous performance checks over the on a small jet and know that the copi- ing into Buffalo was typical and did course of his career and would have lot is making $18,000 a year or $20,000 a not affect the ability of the flight crew made an excellent candidate for reme- year, doing two jobs and flying across to fly the airplane. So while we are dial training. I know the FAA has been the country at night in order to get waiting for the final conclusions of the working on the industry to try to get into an airplane cockpit? Does that National Transportation Safety Board, them to do this for a long while. If the give you confidence? The fact is, all the members of that board spoke about traveling public ever begins to have these issues are now coming to the crew training, pilot fatigue, and pilot very significant concerns about safety forefront—not just of this crash but error as reasons for the crash. on a commercial airline flight, it will other circumstances as well—and that These are the issues I have been hold- be devastating to that industry. So requires the FAA to take a hard look ing some hearings on this past year. safety must not just be a perception. at what happened. The NTSB is going to make rec- Safety on commercial airlines, whether At one of my hearings, I showed a ommendations to the FAA. We already they be the major trunk carriers or re- Wall Street Journal article, in which know that when they make rec- gional airlines, has to be something ev- Mr. Wychor, an 18-year veteran pilot ommendations, the appropriate agen- erybody takes seriously and that the described the routine commuter flights cies don’t always pay attention to American people believe is taken seri- with short layovers in the middle of those recommendations. For example, ously. the night. He said: pilot fatigue has continually been on I wish to show you a chart that Take a shower, brush your teeth, and pre- the National Transportation Safety shows something that common sense tend you slept. Board’s most wanted list for 19 years; would tell you doesn’t work. This chart That is not what you want in the that is, most wanted list of safety rec- shows where Colgan Air pilots were cockpit of an airplane. ommendations. Let me say that again. commuting to. You will see they were A 737 pilot flying to Denver said this, For 19 straight years, the National commuting to Newark, their base of and this is an NBC News quote: Transportation Safety Board has said operations. On that fateful flight going I have been doing everything in my power ‘‘pilot fatigue’’ is on the most wanted into Buffalo, NY, the copilot flew all to stay awake—coffee, gum, candy. But as safety recommendations list. Yet no night long from her home in Seattle, we entered one of the most critical phases of one has been listening. Nobody seemed WA, I believe deadheaded on a FedEx the flight, I had been up for 20 straight to ring the bell on those issues. plane, stopped in Memphis, TN, hours. I have held seven hearings on safety changed planes, and got to Newark Air- That is an issue with me. It is one we in the aviation subcommittee that I port. After flying all night long, she is have to address. I think all thoughtful chair in this Congress. We have heard now ready to take an airplane on its people in that industry—and I have from the FAA, the NTSB, pilots, re- flight. There is no record of evidence of great admiration for people in the air- gional airlines, major carriers, and that copilot having a crash pad or plane industry. They do a great job. safety experts. We have heard espe- someplace to find a bed and sleep. That They understand we have to address cially from the families who lost their is the copilot. these issues of fatigue, training, and loved ones in that fatal crash, that The pilot, on the other hand, came compensation. That is just the fact. tragic crash in Buffalo, NY. from Florida to Newark Airport. There All I wished to do today was to say Let me be quick to say, we have had, is no evidence, outside of being in the the National Transportation Safety fortunately, reasonably few airline crew lounge at the airport, that the Board, I think, does a great job inves- crashes in this country in recent years. pilot had a bed in which to sleep or tigating accidents. The family mem- It is, generally, a very safe way to that he had rest. So you have a pilot bers of the victims of that flight that travel. But there isn’t room for error and a copilot who get on that airplane crashed in Buffalo, NY, have been ex- with respect to these commercially air- to take, in this case, those 45 pas- traordinary. They have come to every plane flights. I am going to be holding sengers on that airplane on its flight to single hearing held on Capitol Hill. followup hearings with Senator ROCKE- Buffalo, NY. On that flight, ice built up They are witnessing, on behalf of their FELLER and others in the Commerce on the wings, and there is what is brothers and sisters and wives and chil- Committee with respect to the NTSB called a stick shaker on that airplane. dren, saying: I don’t want Congress or recommendations. We are supposed to There was rapid shaking of the control the FAA to let up. We want you to ad- have what is called ‘‘one level of safe- stick, which would have said to the dress these issues. That crash didn’t ty.’’ The NTSB said, in the middle of pilot you must put the nose down in have to happen. Our loved ones did not the 1990s, there is one level of safety order to gain additional speed. The have to die. That is their message. for commercial airplane flights in this pilot didn’t put the nose down but I say to them: You are doing exactly country. The big, major trunk carriers pulled the nose up, as I understand it, the right thing. What you are doing— that are national and international and which is apparently a training issue as showing up here at all these hearings the regional carriers shall have one well. So you have a pilot and copilot and keeping the pressure on the Con- level of safety. But it is the case that traveling across the country all night gress and, yes, on the FAA—will save regional airlines often employ pilots long just to get to their duty station, lives. You will not know their names, with much less experience, much lower and things happened in the cockpit. In but you are saving lives. Good for you. pay, which forces difficult conditions. the transcript, the copilot said she had CLOTURE MOTIONS In many cases, when you get on a very little experience flying in icing. Madam President, the issue of clo- small airplane for a regional flight, you Both the pilot and copilot lost their ture motions sounds like a foreign lan- see a crew with obviously much less ex- lives. guage to a lot of people. If you are back perience. There are questions, from I take no joy in reciting what hap- home someplace and are getting up in time to time, raised about the train- pened in that cockpit. Their loss of life the morning and struggling to get to ing—questions raised in this investiga- was a tragedy for their families as well. work and putting in a full day and try- tion, as a matter of fact. We know My point is simply this: What hap- ing to make enough money to raise there are a lot of factors that play into pened here—by the way, I believe five your family and get along in life, you

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S412 CONGRESSIONAL RECORD — SENATE February 2, 2010 don’t know about cloture motions or have a vote. That is where we are now. was filibustered—the credit card hold- the 2-day ripening or 30 hours We had a cloture vote. It prevailed. ers bill of rights. There is a filibuster postcloture. That sounds foreign to al- Now we are waiting for 30 hours to against that by the other side, the Re- most everybody. elapse so nothing can be done during publicans. They filibuster everything— This is a graph of cloture motions in the 30 hours. It is just stalling. So then everything. So the credit card holders Congress. In the 1950s, there were two the 30 hours is done, and we will vote bill of rights, they went through a fili- cloture motions filed in the entire dec- on this. Then we will go to the next buster, delayed, and after the delay it ade. What does cloture mean? If you nomination. So this week we will do passed 90 to 5. Obviously, we had a decide in this body—and you are the two nominations, both of which should bunch of folks who said: I am going to most junior Member of this body, you have taken 5 minutes, if people of good- lay down on the track until it is incon- are the last one elected, you are the will worked together and decided: Here venient for everybody, and then I will 100th in seniority and you sit back by is the agenda; let’s bring up these can- get up and vote for it. the candy door because that is the last didates for a vote. And if you like the We have people blocking things they desk—I guess we should not talk about candidate vote yes; if you don’t, vote support. You would get laughed out of a candy drawer, perhaps, but you sit no. town in any town in this country if you way back in the corner and you are No. So the next one is going to be Martha tried that on the city council. 100 in the Senate. Once you are on your Johnson, GSA Administrator. By the The Department of Defense appro- feet and recognized by the Presiding way, this one has been objected to, and priations—filibuster. Had to go it has waited for 7 months. So 7 months Officer, nobody else can take the floor through the motion of filing—2 days, 30 ago this President nominated Martha from you—not the majority leader, not hours—and then it passed 88 to 10. So, Johnson to be GSA Administrator. the most senior Member of the Senate. obviously, we had a bunch of folks on April 3, 2009, was her nomination. June The floor is yours and you can speak the other side who decided they were 8, the nomination passed through the until you are physically and mentally going to block something they sup- exhausted. That is the way the rules Senate Homeland Security and Govern- mental Affairs Committee unani- ported, kind of a curious strategy. are; it is the way the Senate works. The Energy and Water appropriations Washington described the Senate as a mously. So this nomination was voted on unanimously and approved by the bill—that was my bill that I chaired— saucer that cools the coffee. You pour went through filibuster, cloture, and in the coffee into the saucer and it cools. committee, and that was June 8. Here it is February of the year following, the end 80 people voted yes. The Fraud The Senate isn’t supposed to work Enforcement and Recovery Act was quickly or efficiently. It is supposed to and we now are going to get to vote on this nomination that passed the com- filibustered by the Republicans. Then slow things down, take a better look at when it was finally voted upon, after it, and have more evaluation and ask: mittee unanimously, but not until we are able to shut off a filibuster and they had delayed it, 92 of them voted Does this make sense for the country? yes. Again, we see people blocking That is the way the Senate was cre- then have 30 hours postcloture. It is things they support. Only in the United ated. It is hard to get things done. But the most unbelievable thing in the States Congress, I guess. it is near impossible to get things done world. Is this person qualified? Yes, abso- Unemployment compensation exten- these days because of something called lutely. She served as the head of GSA sion was the subject of a filibuster, and a filibuster and cloture motions. I wish to provide some interesting during the Clinton administration and then 98 people voted yes. People block- statistics. This could not happen and is hailed by former and current GSA ing things they support. What a curi- wouldn’t happen in any city council in employees as the ‘‘golden heir of GSA.’’ ous thing. America. There is no city council in She was the chief of staff back during I mean, what do you tell your chil- the Clinton administration. She would America where this sort of thing could dren if they ask: What was your role, be a vast improvement, by the way, happen, no matter what the rules were, Dad or Mom? over the previous head of the GSA, the because they would be laughed out of My role was to slow things down. I previous head of the GSA—and I spoke town. We have people blocking bills just wanted to sort of spread glue about her on the floor of the Senate— they support. Can you imagine that? If around the Senate. Not that we don’t Lurita Doan. you were on the city council and your think it is slow enough the way it is, On April 29, 2008, the Office of Special we want to slow it down even further. business was to block things you sup- Counsel for the United States asked The fact is, people send men and port and your neighbor said: What are that she be disciplined to the full ex- women of goodwill to this Chamber. you doing, are you nuts? No, I am tent for the most pernicious of polit- One of the things I have learned in blocking things I support because it ical activity prohibited by the Hatch many years in this Chamber is that al- has a strategy attached to it. What is Act. She then submitted her resigna- most every desk is occupied by some- the strategy, they would say. tion, in accordance with that request one who has pretty unique and inter- Here is the situation: In 2009 and 2010, by the White House. She had been ac- esting and special skills to get here. In it is projected we will have 146 cloture cused of providing no-bid contracts to almost every case, there are people motions to shut off debate in this Con- friends with whom she had extensive here with very substantial skills. But gress. Let me describe what we are in- personal and business relationships. volved with next. We are on one now, She and a deputy in Karl Rove’s office they are not sent here with an agenda by the way. We are now in what is at the White House had joined in a that says: You know what I would like called 30 hours postcloture. We had a video conference with 40 regional GSA you to do? I would like you to block ev- nomination that should have been ap- Administrators after a PowerPoint on erything and then vote for it in the proved in 5 minutes. Those who want to polling about the 2006 election, and she end. That is not a message that comes vote against the nomination should said: ‘‘How can we help our can- from any State that I am aware of. vote no. But we could not do that. In- didates?’’ This is a nonpolitical office— They are sent here to try to do good stead, those who oppose the nomina- heading the GSA—in our country. things for this country. All of us are. tion for the Solicitor for the Depart- This person got drummed out of of- We might have a disagreement about ment of Labor, a nomination—instead fice—and should have gotten drummed what that means and how to do it, but of having an up-or-down vote, during out of office—and resigned under pres- there shouldn’t be any disagreement which those who don’t like this nomi- sure. So here is someone who is fully about these kinds of things. nee should vote no, they said you can- qualified and it is 7, 8 months later and In the middle of the deepest recession not even have a vote. You have to file we are finally going to get to have a since the Great Depression, seven of a cloture motion and then wait for 2 vote, but only if we go through the mo- this President’s high-level nominees days and then have a vote and see if tion of filing a cloture petition to end for the Treasury Department are not you get 60. If you get 60, after you get a filibuster. That is unbelievable to yet confirmed—seven of them. How do the 60, we are going to insist you bleed me. you justify that? How do you justify off 30 more hours because the rules Let me give some other examples of deciding, in the middle of the deepest allow us to do that. Only then can you what is happening. Here is a bill that recession since the 1930s, that you are

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S413 going to prevent the U.S. Treasury De- Madam President, this country de- to companies that shut their American partment from having a full com- serves and expects a whole lot better. factories and move their jobs overseas. plement of people who can think This country is going through tough It is strange to most people to hear, through and work through trying to times. While I speak here, and while but we actually have in the American put this country back on track; who my colleagues are objecting to pro- Tax Code a reward for companies that can restart the economic engine and ceeding on anything—while we are in a would say: You know what I should do? put people back to work again? How do 30-hour period where nothing is hap- What I want to do is shut down my you justify deciding we shouldn’t have pening on the floor of the Senate— American factory, I want to fire my a full complement of people to do that? nothing—a whole lot of people are out American workers, I want to move We had a fully qualified Surgeon looking for work. They are stopping by those jobs to China and hire somebody General who was nominated, and that business after business with their re- for 50 cents an hour. By the way, if Surgeon General nominee was blocked. sume, and thinking: Can I find a way? they do that, they actually get a tax And this was after the H1N1 flu had Can I please find a way to get on a pay- break in this country. They get re- been declared a major health threat. roll and get a job to help my family? warded by the American tax system for Think of that. That nominee was There are a whole lot of folks who moving American jobs to other coun- blocked even after we had a major need a job, need some hope, need to tries. health threat. We had the Ambassador keep their house, who are struggling. That is an unbelievably ignorant and of Iraq—obviously an important posi- They deserve a lot better from this pernicious part of our Tax Code and tion—blocked during a time of war just Congress. The last thing they deserve needs to be changed. I have offered when we most needed to resolve some is a Congress that decides its mission amendment after amendment here on political issues there. in life is to stop things from happening. the floor of the Senate on it, and the One single Senator on the other side The mission for every Senator ought to President in his State of the Union Ad- held up the nomination of the Deputy be to get up in the morning and reach dress last week indicated he believed U.S. Trade Representative for 9 out and see how we can work together we needed to do this and do it soon. I months—9 months that was held up—to to get the best ideas of what both par- could not agree more. try to force that U.S. Trade Represent- We are talking about jobs a lot in ative’s Office to file a complaint ties have to offer this country. That is this Congress. We have had some dis- against Canada on some issue. I don’t happening far too seldom in this Cham- cussions today about jobs again. Sen- have the foggiest idea what that issue ber. It is not my habit to come to the ator DURBIN and I have worked to put was, but I will tell you this: I would Senate floor to be critical of the Re- together a jobs package that would try never, and have never, held up a nomi- to stimulate and incentivize more jobs, nation for 9 months in order to try to publican side of the Senate. I don’t do especially small and medium-size busi- force something that I insist should that often, but I see what is happening. nesses to be able to hire people and happen. That is not the way the Senate We are sitting here today—and this is a have the incentive to put people on is supposed to work. good example of it—for 30 hours doing One Senator on the other side nothing. Why? Is it because there is payrolls. We are working on all of that. blocked a highly qualified nominee to nothing to do? No. It is because the Senator BAUCUS and certainly Sen- be Assistant Under Secretary for the other side insists on cloture, insists on ator REID and others have been work- Western Hemisphere at the State De- the 2 days, then insists on the 30 hours. ing together with us to put together a partment, and it had to do with our re- So what they will have done this week jobs initiative. Even as we try to find a lationship with Hugo Chavez, which is insist that we will only be able to way to create more jobs in our coun- left us without the person who was sup- confirm two Presidential nominees— try, we still have this backdoor ap- posed to be responsible for coordi- one is a Solicitor General in the Labor proach in the Tax Code that rewards nating our response to the difficulty in Department and the second is to head people for moving jobs outside of our Honduras last year. One Senator held the GSA. That is what we will get done country. Most of us believe what we up that nomination on and on and on. this week. That should have been done want to do is see more of those signs Again, the fact is, as I said, this is in 5 minutes, having a vote on those that say ‘‘Made in the USA.’’ Made in called the great debating body, the nominations. If you don’t like the the USA means there is a job some- most exclusive club in the world, and nominee, vote no; if you like the nomi- place here, particularly in a factory all of those descriptions. But this is nee, vote yes. Dispose of the nomina- that is producing something, that is not the way it is supposed to work. We tions. putting somebody to work to be able to have some models of how it is supposed In my judgment, this system is bro- make a living, to provide for their fam- to work. In the old days—and when I ken, and it can’t be 1 person or 10 peo- ily. No special program is as important say the old days, I mean some decades ple who fix it. It has to be 100 people as a good job that pays well. ago—people would get together and de- with reasonably goodwill who want to I have both written a book about this cide what is the major challenge facing make good things happen for the future issue of moving jobs overseas and I our country and how do we work to- of this country. have spoken on the floor so many gether to find a way to resolve it; not Madam President, I yield the floor, times people have either nearly or who gets the credit or who gets the and I suggest the absence of a quorum. completely gotten tired of it. But the blame, but what is needed to be done to The PRESIDING OFFICER. The stories are legend of what has happened fix what is wrong in America. That is clerk will call the roll. in recent years. All of the little things the way the Senate used to work. Re- The assistant legislative clerk pro- we know and have expected to be grettably, these days, it does not. ceeded to call the roll. American made—almost all of those Our country rests on the precipice of Mr. DORGAN. Madam President, I things are gone. Radio Flyer Little Red a very significant cliff. We are still not ask unanimous consent the order for Wagon—we have all ridden in it. It was out of this financial and economic cri- the quorum call be rescinded. a 110-year-old company in this country. sis, although I think there has been The PRESIDING OFFICER. Without They made those wagons for kids in some stability and we have, hopefully, objection, it is so ordered. America, made in Illinois. Not any- found some foundation. But at a time THE TAX CODE more. All those Radio Flyer Little Red when we most need cooperation, we see Mr. DORGAN. Madam President, on Wagons are made in China. almost none—almost none. It doesn’t. Wednesday of last week the President Huffy Bicycles—all those people in Just read the record: An estimated 146 gave his State of the Union Address Ohio lost their jobs. They were all fired cloture petitions are filed to shut off and talked about a lot of issues. One of and all those bicycles are now made in filibusters, and on issue after issue the issues he mentioned that is espe- China. In the book I wrote I told the after issue we have the minority in this cially important to me is one I have story about the last day at work at Chamber blocking things they ulti- worked on for some long while here in Huffy Bicycles in Ohio and those work- mately vote for. How do you explain the Senate, and that is changing the ers. As they left their parking lot, they that—I was against it before I was for Tax Code to begin cutting out and get- left an empty pair of shoes in the space it? ting rid of the tax break that is offered where their car was parked. It was a

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S414 CONGRESSIONAL RECORD — SENATE February 2, 2010 way for them to say to that company, ment with China that says to the Chi- agency with a name that sounds bu- the Huffy Bicycle Company: You can nese—who are, by the way, ramping up reaucratic, but it is important because move our jobs if you want, but you are a very large automobile export indus- that agency is charged with a very not going to be able to effectively re- try and you will see Chinese cars on critical mission in our Nation’s govern- place us. Those shoes, in an empty the streets of America very soon—we ment. Its role is to foster and promote parking space in a big parking lot in say to China: If you ship Chinese cars the welfare of America’s workers by Ohio when all those people lost their to the United States of America you improving their working conditions, by jobs, were a symbol of what is wrong. will have a 2.5-percent tariff attached advancing their opportunities for prof- A little company made something to those cars. But the agreement also itable employment, by protecting called Etch A Sketch. Every kid used says if we ship American cars to be workers’ retirement and health care an Etch A Sketch. It was also made in sold in China, they may impose a 25- benefits and helping employers find Ohio. Not anymore. It is now made in percent tariff. We have an agreement workers who are skilled in the jobs pro- China. The list goes on and on, those with the Chinese that says we will give vided and strengthen free collective American products that are gone in you a 10-to-1 advantage on tariffs in bi- bargaining. search of 50-cent labor and higher prof- lateral automobile trade. That is a rec- I believe during these challenging its. ipe for undermining America’s manu- economic times it is absolutely critical The people who make these prod- facturing and economic strength and it that the Department has leadership ucts—Radio Flyer Little Red Wagons goes on all the time. Frankly, I am within that Department to make those or Huffy Bicycles or Etch A Sketch or, sick and tired of it. One piece of it is goals a reality. I was very pleased when yes, even airplanes—the people who something the President talked about I heard President Obama nominate make these products ask the question, last week and that is let’s at least cut such a strong candidate for the posi- What is wrong with my work? The an- out this unbelievably ignorant and per- tion of Solicitor of Labor. swer is nothing is wrong with your nicious provision that says: You move Ms. Patricia Smith, as the Presiding work. You just can’t compete with your jobs overseas and we will give you Officer knows, is Commissioner of the somebody who makes 50 cents an hour. a big tax reward. We will cut your New York State Department of Labor. The second question is, Should I have taxes if you move your jobs overseas. She has been there since 2007. She is to compete with somebody who makes I say to the President: Good for you. cochair of the New York State Eco- 50 cents an hour? The answer to that is Help us shut that provision down. Let’s nomic Security sub-cabinet and she no, you should not. This country needs have ‘‘Made in America’’ be something oversees today 3,700 employees in 80 of- a vibrant manufacturing base and it we see more and more frequently these fices with an annual budget of $4 bil- needs to fix this unbelievable tax pro- days. lion. vision that says if you move your jobs I yield the floor. For the previous 20 years, Tricia overseas, we will give you a tax break. The PRESIDING OFFICER. The Sen- worked in the Labor Bureau of the New In order to remain with a manufac- ator from Washington. York Attorney General’s Office and she turing base in this country, we need to Mrs. MURRAY. Madam President, I served on the Obama administration’s reward the production of things in this thank the Senator from North Dakota transition review team for the Depart- country. ‘‘Made in the USA’’ should for his passion on this issue. I would ment of Labor. not be a distant memory. ‘‘Made in the add one other issue within this, which I have received many letters of sup- USA’’ ought to be something applied to is that we have to be training our port for Patricia Smith from people things made here that we are proud of. workforce for the coming years with who admire her work, from people she The Senator from Washington State those skills to make those things in has worked with, and from workers she is here. She is going to speak in a mo- America—whether it is airplanes in my has helped. I want to take a couple of ment. I will not be long. State or cars in the Midwest or South, minutes this afternoon to read some But in every circumstance in this or whether it is the widgets he talked excerpts from those letters because I area of trade and the movement of about. We are losing people today in believe they demonstrate Patricia’s jobs, other countries take advantage of this country who have those basic broad support and why she should be us because we allow them to. For ex- skills—welding, electricians, those confirmed by the Senate. ample, airplanes—Washington State kinds of skills that are basic to these One letter I received was a letter of makes some great airplanes in the Boe- industries. As we move into this com- support from the CEO of the Platts- ing Company manufacturing plants. A ing year and look into our budget and burgh, NY, Chamber of Commerce, who country such as China that has an un- look at our education policy—and we knows Tricia well. He said: believable trade deficit with us, over will be talking about the President’s Patricia Smith has been an outstanding $200 billion a year, says to us: If you education policy on the committee on partner as Commissioner of the New York want China to buy your planes you which I sit—we have to make sure we State Labor Department and will be an out- have to build most of it in China. It are going down into our middle schools standing Solicitor for the U.S. Labor Depart- doesn’t make any sense to me. If we and high schools and making sure our ment. We strongly encourage her earliest are buying all those products from kids have career pathways that help possible confirmation by the Senate. China in this country when we have fill these skilled manufacturing jobs I heard from the United States Wom- something they need, they ought to we want to have here in this country. I en’s Chamber of Commerce. They wrote buy American products to be shipped thank the Senator for his words. to me and said: to China, not say to us you must move I am here this afternoon to rise again After learning of Ms. Smith’s qualifica- your product to be produced in China. in support of President Obama’s nomi- tions, her expertise and the laws she has It is going on all the time and this nee to serve as Solicitor of Labor, Pa- worked to uphold, I can clearly see that she is someone who would work with conviction country doesn’t have the backbone or tricia Smith. I have to tell everyone I to enforce the laws of the United States of nerve or will to deal with it. What we am very confident she is the right per- America. Additionally, I am impressed with ought to say to other countries is we son for this critical job. The work she her out-of-the-box thinking in creating pro- are going to hold up a mirror and you is going to do to protect our workers is grams that will keep jobs. We especially treat us as we treat you. more important than ever before. need these attributes in these times of eco- If I might make one additional com- American workers are facing an in- nomic challenge. ment on automobile trade. Our auto- credible challenge today. We all know That is from the United States Wom- mobile industry has been in a very seri- that. They are struggling with record en’s Chamber of Commerce. ous problem. We came close to losing unemployment, a devastating eco- I also received a letter from a group our automobile industry in this coun- nomic crisis. Today more than ever of professors and scholars of labor and try, which is so important for our man- they need and they deserve strong lead- employment law and labor relations, ufacturing capability. This country has ers in the Department of Labor who are from over 50 scholars of highly re- a trade agreement with China, with passionate about public service and spected institutions, institutions such whom we have a $200-plus billion a year committed to being there to fight for as Georgetown University Law Center, deficit in trade. We have a trade agree- them. The Department of Labor is this Columbia Law, Thomas Jefferson

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S415 School of Law, Yale Law, and Cornell IN PRAISE OF JEREMY TEELA, SHAUNA ROHBOCK, The Olympics are not the only games University School of Industrial and AND HEATH CALHOUN taking place in Vancouver this season. Labor Relations. They wrote to me and Mr. KAUFMAN. Madam President, I Following the Olympics will be the 2010 urged speedy confirmation saying that rise today to speak once more about Paralympic winter games. There, the Tricia has: America’s great Federal employees. world’s best athletes with physical dis- Next week, in Vancouver, the 21st consistently demonstrated the highest integ- abilities will compete in several winter Olympic winter games will begin amid sports. rity and commitment to ethical standards. great fanfare and high hopes. Every She is experienced, intelligent, thoughtful Among those vying for a medal is re- and energetic. We believe this is exactly four years, the world’s top athletes in tired Army SSG Heath Calhoun. Heath what the U.S. Department of Labor needs in skiing, skating, hockey, and several grew up in Bristol, TN, and joined the a Solicitor. Once confirmed, she will be other winter sports compete to win Army in 1999. In doing so, he followed a among the best Solicitors of Labor the De- medals and to win hearts. family tradition—his grandfather partment has known. Olympic athletes push themselves to fought in World War II, and his father I would tell my colleagues that her their limits not only to win personal or served in Vietnam. Heath trained at team glory but also to represent their support transcends party lines. Former Fort Benning, GA, and was deployed to nations on the world stage. A ticket to New York Attorney General Dennis Iraq with the 101st Airborne Division. the Olympics is purchased with years Vacco, who is a Republican, had this to While on patrol in Iraq, his convoy of arduous training and a commitment say about his former employee: was fired upon with a rocket-propelled to personal integrity and athletic fair- grenade, and Heath lost both legs Patricia Smith has proven herself as one of ness. above the knee. After months of recov- the foremost experts in the nation in the The values of Olympians are those of realm of labor law, which is why President perseverance, integrity, teamwork, and ery at Walter Reed, he was losing hope Obama saw fit to nominate her. . . . She was national service. that he would ever walk again. But an asset to the New York Attorney General’s If this list of values sounds so famil- with the help of the Wounded Warrior office and I am confident . . . she will be an Project, Heath became an advocate for asset to the Department of Labor. iar to many Americans, this is because they are the same values that motivate other soldier-amputees. Tricia Smith has bipartisan support. those Federal employees who serve our Determined to regain his mobility, As Chair of the Subcommittee on Em- Nation in civilian roles and in the mili- Heath began training with special pros- ployment and Workplace Safety, I tary branches. thetic legs and computerized knees. know the challenges American workers This week, in honor of the upcoming Soon he was able not only to walk but are facing today. I know they deserve a winter games, I have chosen to high- also to run, golf, and drive an unmodi- Solicitor of Labor such as Tricia who is light three incredible American Olym- fied car. going to fight every single day to pro- pians. They share these values, and all In 2008, Heath began training for the tect them. When she is confirmed as three of them chose to serve our Na- Vancouver Paralympic Games in the the Department’s top legal counsel, she tion in the U.S. Army. sport of adaptive skiing. He has been is going to have the profound responsi- Jeremy Teela is an infantry sergeant. training in Aspen, CO, and won gold in bility of enforcing more than 180 Fed- Originally from Anchorage, AK, Jer- last year’s Super-G National Cham- eral laws and managing more than 450 emy joined the Army in 1997. In addi- pions in Men’s sit-ski. He will be head- attorneys nationwide. She is going to tion to serving in the infantry, he par- ed to Vancouver in a few weeks to com- be responsible for defending the De- ticipates in the Army’s World Class pete for medals there as well. partment in litigation, as well as pro- Athlete Program. Jeremy is one of All three of these inspirational sol- viding legal advice and guidance on America’s best in the sport of biathlon. diers are not only Army strong they nearly every policy, legislative, regu- Biathlon is a grueling race that be- are Olympic strong. The values that latory, and enforcement initiative of gins with cross-country skiing and called them to the Army teamwork, the Department. But, most impor- ends with precision rifle shooting. Jer- perseverance, integrity, and service are tantly, she is going to be responsible emy is a seven-time national cham- the same ones that drive them toward for defending the rights of workers pion, and he was a member of the U.S. Olympic glory. It is the same set of when they are not able to speak for Olympic team in the 2002 Salt Lake values that calls other Americans to themselves. Tricia has a big job ahead games and the 2006 games in Torino. serve in the Navy, Marines, Air Force, of her, but we need to act now to allow Jeremy will once again be competing Coast Guard, and civilian careers in her to get started. We owe it to our in the biathlon at this year’s games in Federal Government. country’s workers to have a confirmed Vancouver. Last year, at the 2009 Whis- We have such talented citizens who Solicitor of Labor in place. tler World Cup, which took place at the are Federal employees, and whether same venue, he won a bronze medal— they are Nobel laureates or Army ser- I have had a number of conversations the first American to medal in biathlon geants, whether they work behind a with Tricia myself, and I am confident in 17 years. desk or a spacesuit, they all share the she is highly qualified, and she is eager Joining Jeremy in Vancouver will be common bond of having chosen—let me to get to work. So I will be voting, SGT Shauna Rohbock of the Army Na- repeat that—chosen to give back to the hopefully later this afternoon or soon tional Guard. She is one of America’s country we all love. thereafter, to confirm Tricia Smith. I champion bobsled drivers. A native of This is the case with all of the great come to the floor this afternoon to Orem, UT, Shauna enlisted in 2000. Federal employees I have honored from urge my colleagues to do so as well. Around that time, she began training this desk so far and for those whose I yield the floor and I suggest the ab- in bobsled in the hopes of making it to stories I have not yet shared or will sence of a quorum. the Olympics in Salt Lake City, just 40 not be able to during my brief term. The PRESIDING OFFICER. The miles from her hometown. While she Shauna Rohbock put it best when she clerk will call the roll. didn’t make it to those games, Shauna said: ‘‘I feel it’s a great honor to be The assistant legislative clerk pro- made it to Torino 4 years later. There, able to represent my country as a sol- ceeded to call the roll. she won the silver medal in Women’s dier and an athlete.’’ Mr. KAUFMAN. I ask unanimous bobsled. All Federal employees, military and consent that the order for the quorum Comparing the teamwork required to civilian, athletes and non-athletes call be rescinded. succeed in the Army to the kind nec- alike, represent us well. essary in Olympic bobsledding, Shauna I hope my colleagues will join me in The PRESIDING OFFICER. Without said recently: ‘‘Just like any team or saluting Jeremy Teela, Shauna objection, it is so ordered. platoon, you’re only as good as your Rohbock, and Heath Calhoun and offer- Mr. KAUFMAN. I ask unanimous weakest person. It takes two people to ing them and their fellow American consent to speak in morning business push the sled in a race. Bobsled drivers Olympians our support in the pursuit for up to 7 minutes. can’t do this alone.’’ This month of victory in Vancouver. The PRESIDING OFFICER. Without Shauna will return to compete with I yield the floor and suggest the ab- objection, it is so ordered. Team USA in Vancouver. sence of a quorum.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S416 CONGRESSIONAL RECORD — SENATE February 2, 2010 The PRESIDING OFFICER. The He has received numerous honors and of what we used to call people who re- clerk will call the roll. awards recognizing his work, among fused to serve: conscientious objectors. The bill clerk proceeded to call the them, the Earl Warren Legal Scholar, That says something in that phrase. I roll. Thurgood Marshall College Fund heard it often in America when I was in Mr. LAUTENBERG. Mr. President, I Award of Excellence, Garden State Bar uniform as a soldier. Conscientious ob- ask unanimous consent that the order Association Distinguished Jurist jectors, people who objected because for the quorum call be rescinded. Award—the list goes on—Columbia they have a conscience. If that is the The PRESIDING OFFICER (Mr. University Medal of Excellence, chair case, and if we relate that to the cur- KAUFMAN). Without objection, it is so emeritus of the Columbia College rent condition here, then let people ordered. Black Alumni Council. who want to object come up and ex- NOMINATION OF JUDGE JOSEPH GREENAWAY Judge Greenaway has spent his ca- plain why exactly it is they don’t want Mr. LAUTENBERG. Mr. President, I reer protecting the people of the State to vote. But, again, I am pleased our think it is important we respond to the of New Jersey. Despite his critical Republican colleagues have seen there public discourse and concern about bench responsibilities, he has always was no longer any purpose in delay. what it is we do here to accomplish found time to give back to the commu- With that, I yield the floor. what is in the public interest. We know nity. He teaches criminal trial practice The PRESIDING OFFICER. The Sen- that for some time now there has been classes at Cardozo Law School and ator from New Jersey. obstructionism to moving ahead with courses about the Supreme Court there Mr. MENENDEZ. Mr. President, I the people’s business, that the price ob- and at Columbia University. wish to join my colleague from New tained for obstructionism is political Judge Greenaway will be an out- Jersey and speak for just a few minutes gain. But, like any other transaction, standing addition to the bench. The about Judge Greenaway. I had come to when you do that—when we take the American Bar Association rated him the floor in hope and expectation that time and the energy devoted toward ‘‘unanimously well qualified’’ for this we could actually go to his nomination trying to move ahead and do not move position. That is why he was passed this afternoon. I am pleased we will get ahead—the price that is paid for this unanimously out of the Judiciary Com- a vote on Monday but, even still, this by the American public. It is apparent mittee. Not one Republican on that process has taken much too long. that our friends on the other side have committee dissented. There was not This is a nominee for the Third Cir- decided they would rather sacrifice the one vote against him. Yet Judge cuit Court of Appeals who has about as people’s need for action on critical Greenaway has been sidelined for over good as it gets in terms of bipartisan issues for their party’s political gain. 4 months, waiting for a vote on the support. At the age of 40, he became a We have seen delay, diversion, par- U.S. district court judge. Then, he liamentary gimmicks, wasted time, Senate floor, despite the need to fill that position. Every time we try to passed by unanimous consent of this and a throwaway of huge resources to Chamber—Republicans and Democrats distort and distract us from accom- schedule a vote, Republicans have ob- alike, unanimous consent. Now he plishing better lives for American fam- jected. I am pleased to note there has been passes out of the Judiciary Committee ilies. Republicans have used stalling consent to go to a vote on Monday by, again, a unanimous agreement. Yet tactics such as the filibuster over 100 he has been held up for months on the times since the start of this Congress evening. The wait has been long. It has Senate floor. Why? Simply because you just over 1 year ago. The problem is, been tortuous. There can’t be any un- can? the victims of these delay-and-destroy derstanding of why. With all the won- That is not acceptable. It is not ac- tactics are people who need to get back derful accolades Judge Greenaway has ceptable, when I have heard my col- to work, have affordable health care, had for his work, his experiences, his leagues on the other side of the aisle better education, and other essentials climb to the position he has had, what for years talk about an up-or-down for decent living. could be objected to? I say, if he is not The victims are also well-qualified acceptable in our colleagues’ eyes, vote: Give us an up-or-down vote on a nominees for high government posi- speak up. Vote against him. Show the nominee, particularly a nominee who is tions who seek to serve in order to American people why this educated, eminently qualified, who is non- carry America forward—nominees to brilliant legal scholar is not fit to controversial by virtue of the fact that fill an appeals court position, such as serve. he has achieved the ability to be agreed Judge Joseph Greenaway from my Obstructionism last year led to the to in terms of his nominations, both State of New Jersey. lowest number of judicial confirma- past and present, as it relates to the Joseph Greenaway is a well-qualified tions in more than 50 years. It is time Judiciary Committee without quali- judge who has served on the Federal for this to end, and it doesn’t end with fication, without objection. bench in New Jersey for over a decade. a vote on Judge Greenaway. There are So it is clear that up to this point the He has been nominated by President lots of positions that have yet to be obstruction of this nominee is not Obama for a seat on the Third Circuit filled. I wish to say to those who hear about what is right for the Nation; it is Court of Appeals. He brings exceptional this or understand otherwise what is not about acting in the best interests credentials and experience that are going on, this man, people like him, of an overburdened judicial system; it second to none. But his nomination has and our country deserve better. is not about ideology; it is not even been blocked without any criticism of When a confirmation is blocked, it is about Judge Greenaway. It is about the his education, experience, or merit. not just one judge who suffers. The politics of obstruction. That is con- This wonderful example of America whole system suffers under the weight sequential to the judicial system and at its best came from a modest-income of vacancies in the judiciary. The to our citizens who depend on that sys- family. He has great academic creden- American people suffer with longer tem for the administration and deliv- tials, excelling at Columbia University waits for justice in overburdened ery of justice. This is more than a and Harvard Law School. He brings a courts. nominee; it is everyone who is waiting rare blend of experience, clerking for a The Third Circuit Court has a va- for their cases on appeal. Federal judge, serving as an assistant cancy that needs to be filled. It is time I will point out to my friends on the U.S. attorney in Newark in 1985, and for our friends—Republican Senators other side that, hopefully, when we go then working in private practice. He who I know love their country—to stop to Monday’s vote, we will understand distinguished himself prosecuting bank obstructing things, when we have well- that on countless occasions, they ar- fraud and white-collar criminals before qualified nominees, and allow the Sen- gued for an up-or-down vote, demand- rising through the ranks to become ate to confirm them without further ing that a simple majority vote on the chief of the Narcotics Division. He delay. President’s nominees is all that is nec- moved on to serve as a U.S. district When we have objections that are essary, a position diametrically op- court judge in New Jersey. In that po- purposeful, come to the floor, explain posed to their position today. I recall sition, he has built up a wealth of expe- why, and explain it honestly and frank- they went so far as to proclaim that rience, presiding over more than 4,000 ly in front of the American people. But filibusters of the President’s nomina- cases in his courtroom. to hide behind objections reminds me tions, particularly for the court, were

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S417 unconstitutional, and they threatened hicle license plates, and home address- her agency’s decision to target them what we call the nuclear option. I ask, es of business owners, as well as details and launch her program without any again, which is it? Do my friends on about the employees working there. input from them. To quote them: the other side believe it is right that These are people with 1 day’s training The image painted by the Department of filibustering the President’s nominees and a special card from the govern- Labor in its January 26 release is of a posse is unconstitutional or is the question ment. Labor organizers and community of activists, duly deputized by the weighty what do they believe will work for activists were allowed to use this infor- imprimatur of the Department, demanding access to any employer in the state whom them at any given moment? mation for their own organizing activi- they have chosen either at random, or by So we are looking for this up-or-down ties. prejudice. State identification cards were pro- vote. I don’t hear arguments of the un- Notably, the program had been vided to individuals from various constitutionality of filibusters now, launched and in existence for 2 months and I submit to my friends you can’t unions and community organizing before she met with the trade associa- have it both ways. I urge my colleagues groups to investigate businesses—but tions. The New York Post character- to—I know there will be a unanimous the State conducted no background ized the program as ‘‘vigilante labor consent request offered. I suspect it checks on those they trained and pro- justice’’ targeting small business. will be approved. If not, I will return to vided identification cards to. Is this In documents produced to the com- the floor and have more extensive re- the kind of program we could expect mittee, we also find that there is a cul- marks on this issue. Ms. Smith to federalize if she is con- ture in the New York State Depart- It is time for this nominee to the firmed as Solicitor? ment of Labor where bureaucrats often Third Circuit Court of Appeals to get a Another deep concern to me is how feel little responsibility for treating vote, up or down. This is an eminently Ms. Smith described the decision not to business fairly. For example, when a qualified nominee. My colleague from conduct any vetting or background reporter misquoted Ms. Smith’s Deputy New Jersey, Senator LAUTENBERG, checks for Wage and Hour participants and prote´ge´, Terri Gerstein, she re- talked a lot about his history. There is who could collect this personal infor- sponded in an e-mail: even more. This is a superb nominee. If mation. When Ms. Smith was ques- I never have said that any part of our job this nominee can be held up for tioned about this by the HELP Com- is to protect employers against employees months, I can only imagine what we mittee last year, she explained that who abuse their rights. I have been in this are in for as we move forward. At least ‘‘there is no formal vetting process for field for 15 years, and I have never said any- when it comes to nominees of New Jer- the New York State Department of thing like that. Employers have attorneys sey or the district in which New Jersey Labor to partner with any entity. . . . who can play that role. All the workers have is involved, I intend to come to the The Department did consider the possi- is us. floor each and every time. But I look bility of background checks on the Small business doesn’t just run out forward to some success here, at least groups but ultimately rejected that and hire attorneys, and they are not today, and being able to make our sys- idea after inquiring as to whether used to having people come in at ran- tem of justice actually work for our Neighborhood Watch groups are sub- dom and flash cards and take a look at citizens and for that we need judges jected to background checks. The De- their business. In announcing the Wage and Hour and justices in place. partment was informed that the groups With that, I yield the floor. participating in this more sensitive Watch program, Ms. Smith stated her The PRESIDING OFFICER. The Sen- crime prevention partnership were not opinion of the business community as follows: ator from Georgia. subject to a check.’’ Mr. CHAMBLISS. Mr. President, are Ms. Smith explains the lack of a And as the economy continues to reel, we in a period of morning business? businesses find any way they can to cut cor- background check because the program ners. Unfortunately, this is often at the ex- The PRESIDING OFFICER. No, we is modeled after the National Sheriff pense of the workers who keep them going. are not. Association’s Neighborhood Watch pro- . . . The future is now, it’s here, and today Mr. CHAMBLISS. I ask unanimous gram. However, unlike Wage and Hour the Labor Department expands its field of consent to speak as in morning busi- Watch, Neighborhood Watch is purely battle. ness. an observe-and-report program. Calling I have found that whether it is em- The PRESIDING OFFICER. Without the police about suspicious activity in ployees or employers, there is probably objection, it is so ordered. a public area is different than inves- about 1 to 1.5 percent that will do the (The remarks of Mr. CHAMBLISS per- tigating the wages and hours of indi- wrong thing no matter what the law is. taining to the introduction of S. 2977 vidual employees and recording their We have to set up mechanisms to make are located in today’s RECORD under personal contact information and in- sure that doesn’t happen and that peo- ‘‘Statements on Introduced Bills and vestigating OSHA violations. ple are properly treated. But to assume Joint Resolutions.’’) For all of these reasons, I have grave they are all going to cut corners and Mr. ENZI. Mr. President, since we are concerns about Ms. Smith’s decision to harm employees is the wrong approach. technically under 30 hours of debate on allow those who may have criminal Moreover, according to internal e-mail, the nomination of Patricia Smith to be records or may not be legal residents of the program was designed for ‘‘commu- Solicitor of Labor, I will rise in opposi- the United States to be trained and nity enforcement’’ and created by orga- tion to that nomination, as I did yes- gather information under the auspices nized labor, allied public interest terday. I will elaborate a little on my of New York State authority. groups, and her Deputy without any concerns about the personal privacy These instances reinforce the serious consideration of small business. violations in a program she created in reservations I hold regarding Ms. There are also questions whether the 2009 called the Wage and Hour Watch. Smith’s judgment, competency, and State honors its commitments to busi- The Wage and Hour Watch program ability to lead the Solicitor’s Office. I ness. Ms. Smith met with the trade as- recruits and trains union organizers urge my colleagues to oppose this nom- sociations concerned about Wage and and public interest groups to go into ination for those reasons. Hour Watch in March 2009—2 months businesses with compliance literature I want to also elaborate on my con- after it started—and personally com- and interview employees to discover cerns about her agency’s treatment of mitted to banning the pilot partici- violations of wage-and-hour law. The small businesses. pants from promoting their individual State of New York gives participants Ms. Smith’s Wage and Hour Watch organizations simultaneously with materials to disseminate and official program specifically targets small- and Wage and Hour Watch activities. The cards identifying them and their group medium-size businesses, including, for official documents received from New as being part of the program for when example, supermarkets, laundromats, York, however, do not show this agree- they enter businesses and speak with nail salons, for State-authorized inves- ment was implemented and, in fact, ap- employers and employees. tigations by unions and community pear to show the Department allowing As part of this process, union and groups. Five trade associations rep- the groups to continue these activities. community organizers were directed to resenting small- and medium-size busi- These instances reinforce the serious gather personal telephone numbers, ve- nesses wrote to Ms. Smith to question reservations I hold regarding Ms.

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Notably, there is no such America Bonds has always been about that yesterday, where she gave us tes- equivalent role for outreach to small is not taking any of the tools out of the timony and then we gave her a chance business or nonunion employees. toolbox we have today, but putting in in written questions to correct her tes- While I appreciate that organized some additional ones for our commu- timony. She did not. So there are also labor is an important stakeholder in nities. Build America Bonds is cer- concerns with Commissioner Smith’s New York, this record of favoritism, in- tainly not a replacement for direct ability to be a fair arbitrator and en- cluding allowing union organizers to Federal spending on infrastructure, but forcer of our Nation’s labor laws. In participate in State labor law enforce- I think all people who have looked at every instance I am aware of, Ms. ment, strikes me as clearly inappro- this subject understand the need is so Smith has shown herself to be a trust- priate. Indeed, I cannot imagine how great for roads and bridges and water ed ally of organized labor and even al- my colleagues would react if a Repub- systems and schools that we ought to lows them to participate heavily in the lican nominee in a future administra- be looking for all cost-effective, effi- formulation of her agency’s initiatives. tion deputized trade associations to in- cient ways to fund this essential infra- Indeed, the State of New York’s offi- vestigate or enforce laws with regard structure that does have bipartisan cial records show that two of the pilot to unions. support in the Senate. groups for Wage and Hour Watch, a As you can tell, I have grave con- To report, we thought that maybe senior union organizer and a public in- cerns about this nominee because of getting the Build America Bonds Pro- terest entity financed in part by these actions. But having also learned gram off the ground would result in unions, were heavily involved in devel- that she misled the Senate, and then somewhere in the vicinity of $5 to $10 oping all aspects of the Wage and Hour didn’t correct her answers when she billion worth of additional investment Watch program, including participant got the chance, I cannot support her. I in infrastructure. The program was au- eligibility, program documents, train- urge my colleagues to oppose Ms. thorized as part of the stimulus legisla- ing, and press strategies. Smith. tion. It did not get off the ground until I yield the floor and suggest the ab- One of the union’s written work plans the middle of the next year, and my stated they were going to use Wage and sence of a quorum. The PRESIDING OFFICER. The colleagues and I thought perhaps the $5 Hour Watch in ‘‘all of our organizing clerk will call the roll. to $10 billion of Build America Bonds campaigns,’’ including those outside The legislative clerk proceeded to that were authorized would allow us to their designated area. call the roll. make the case that when the program Also, a food and commercial worker Mr. WYDEN. Mr. President, I ask expires at the end of this year we could union’s newsletter states plans to spe- unanimous consent that the order for call for its renewal. cifically investigate ‘‘nonunion’’ gro- the quorum call be rescinded. When the year wrapped up, the fig- ceries as part of the Wage and Hour The PRESIDING OFFICER. Without ures showed that almost $64 billion Watch. objection, it is so ordered. worth of Build America Bonds had been The cochairman of the State’s Wage Mr. WYDEN. Mr. President, I ask issued. In fact, a number of inde- and Hour Watch program is the presi- unanimous consent to speak as in pendent experts say that Build Amer- dent of a union. morning business for up to 20 minutes. ica Bonds are now the hottest, most at- Several program expansion appli- The PRESIDING OFFICER. Without tractive vehicle in the municipal bond cants have as their sole purpose union objection, it is so ordered. market. organizing. BUILD AMERICA BONDS In my home State of Oregon, it has State officials also planned to ensure Mr. WYDEN. Mr. President, after been proven time and time again that upstate trade unions would be eligible. holding 20 townhall meetings in my private money follows public invest- Documents also show the New York home State of Oregon over the past ment. People get back to work building Labor Department allows unions to month, I can certainly report that peo- a bridge, for example, and all the busi- participate in the wage-and-hour law ple are hungry for good economic news, nesses near the construction site get investigations, including interviews of particularly news about job creation more activity from the people who workers with potential claims. growing our economy. Our people want need their services. Once the project is Ms. Smith’s interaction with some of fresh ideas that work, and clearly they finished, private investment follows the organized labor allied groups goes are saying, and saying passionately, the public investment. That bridge back to when she headed the labor bu- that it is time to set aside government makes it easier for folks to get to work reau for then-New York State Attorney that doesn’t work for them. or take their kids to school, and com- General Elliott Spitzer. Records show That is why I am proud to come to munities grow. these same groups teaming up to co- the floor this afternoon and talk about As I mentioned, this bill has a long erce neutrality agreements and orga- a positive economic development—a bipartisan lineage. Then-Senator Tal- nize business. development that has far exceeded the ent joined with me about 6 years ago With the Wage and Hour Watch pro- projections and the hopes of those who for this program. The program would gram, union organizers now had official advocated for it—and that is the Build have created a Federal tax credit bond- State identification cards they could America Bonds program. Build Amer- ing program to fund investment in use to enter any business in New ica Bonds works, and it works because transportation infrastructure. Since York—possibly allowing them to avoid it puts our people to work at good-pay- then, our colleague Senator THUNE and nonsolicitation laws or policies—to ing, family-wage jobs. four others on both sides of the aisle gather information on employers and Mr. President, when I started work- have joined us to make sure the Senate employees. The unions were allowed to ing on Build America Bonds about 6 was on record as saying we can find contact employees or employers at years ago with a number of colleagues sensible, commonsense, nonpartisan so- their homes or at the business as part on the other side of the aisle, it was be- lutions that address the basic needs of ‘‘community organizing.’’ cause I believed there was bipartisan this country has to a great extent over- Ms. Smith twice also attempted to support for shoring up our Nation’s looked. alter a longstanding legal position to crumbling infrastructure and, at the I have mentioned to date more than restrict charter schools for the benefit same time, getting our economy back $60 billion worth of these innovative of organized labor—once while in the to work. It is a fact that investing in bonds have funded hundreds of projects Attorney General’s Office in 2007 and infrastructure, dollar for dollar, is one in 39 States—fixing our roads and again when she became Commissioner of the best economic multipliers we bridges, rebuilding our schools, upgrad- of Labor. In both instances she was re- have in our country, and it is a way to ing our utilities. These are projects versed by a court. jump-start economic growth. that have been funded, I advise my

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By contrast, traditional tax- Federal infrastructure spending that saved an estimated $1.2 million in in- exempt municipal bonds are not a good was included in the Recovery Act. So terest costs. It is a small school dis- investment for pension funds and other you have a one-two punch now for the trict. Those kinds of savings make a institutional investors that do not pay first time to mobilize all possible re- difference. taxes. So Build America Bonds are es- sources to fund infrastructure. You Communities in Wisconsin have also pecially attractive as a way for non- have a significant investment in what used Build America Bonds. One small profits to invest in American infra- is called direct spending. I particularly community used them to lower their fi- structure that traditional tax-exempt appreciate what a number of my col- nancing costs by 2.3 percent, allowing bonds do not provide. leagues on the Appropriations Com- them to turn plans to upgrade roads, I am not surprised, and I think the mittee have done in this area, particu- sewers, and buildings into reality. One judgment I have made would be shared larly Senator MURRAY, who has cham- of their leaders told Business Week by colleagues on the other side of the pioned our cause in the Pacific North- magazine that without Build America aisle because a lot of them have been west with respect to infrastructure. Bonds, ‘‘some projects might not be involved over these last 6 years—we are Senator HARKIN, the chairman of the done’’ and ‘‘there would be less employ- not surprised that Build America Pensions and Labor Committee, also ment.’’ Bonds are reinventing the municipal has done a great job in school construc- Recently a CBO/Joint Tax Committee bond market. They have been a good tion. report highlighted a number of other deal for our communities and for all I want it understood that those of us benefits from Build America Bonds. types of investors. They have freed up who support Build America Bonds see CBO and the Joint Tax Committee financing for badly needed infrastruc- the bonds as a complement to the out- found that tax credit bonds, like our ture construction and ensured long- standing work a number of my col- Build America Bonds, are more cost ef- term economic growth. In some cases leagues whom I have mentioned are fective than tax-exempt bonds. The re- these bonds, according to people in doing. This is not to supplant that kind port also concludes that because the communities across this country, make of direct spending effort but to shore it bonds are more attractive to investors, the difference between whether infra- up, to offer additional assistance, par- they are more efficient at raising cap- structure projects are actually going to ticularly additional assistance when ital. This saves municipalities time get done. In other cases they lower the the need is so great. and money and effort that can be spent cost of the projects and allow commu- As our proposal was developed, we on other priorities. Aside from the fact nities to reinvestment those savings in had an opportunity to work with Chair- that the funds are raised efficiently, other projects. man BAUCUS and Senator GRASSLEY, By any scenario you look at with re- the chair and ranking minority mem- what I have heard again and again— and I think this is what colleagues are spect to this program, this is one that ber on the Finance Committee, because helps local governments, local busi- we wanted to make sure this effort going to be looking at when it comes to infrastructure investment—Build nesses, and the people who rely on in- continued to be bipartisan at every frastructure for jobs and economic se- America Bonds get the job done quick- step of the way. I am very grateful that curity. My view is that is exactly the ly. Because they have to adhere to Fed- Chairman BAUCUS and Senator GRASS- kind of solution folks are asking for eral spending guidelines, all of the LEY in effect gave us a chance to jump- from the Congress at this time. It is bond funds have to be spent within 2 start this idea, to get it off the ground. fine to speculate about programs you The reality is, I suggest to my col- years of the date the bond is issued. wish to have considered and you will league from Delaware, the Federal This means that money is not just look at down the road to see if they ac- Government has never bonded in the flowing into projects, it is being spent tually produce. The Obama administra- transportation area. A lot of States in the short term, paying to build tion now wants to make Build America and communities wonder if they would roads and bridges and other infrastruc- Bonds permanent because they have even exist without bonds, but the Fed- ture and putting folks back to work seen the extraordinary response our eral Government had never bonded in quickly. That is the kind of bang for country is demonstrating. Build Amer- the transportation area. We, our bipar- our buck that Americans are hungry ica Bonds have produced, and they tisan coalition, believed a tax credit for right now. That is what Build have produced exactly what was in- bond could be especially effective. But America Bonds deliver. tended: a prompt infrastructure invest- because Chairman BAUCUS and Senator Back in the days before Build Amer- ment in an efficient fashion. GRASSLEY were willing to bet on our bi- ica Bonds were issued, the market for I express my appreciation to Chair- partisan coalition, our coalition that normal municipal bonds was almost man BAUCUS. Under his leadership the said Build America Bonds are going to frozen. It was very hard to sell munic- Finance Committee, on which I am be an efficient tool, we saw all the pre- ipal bonds. It certainly didn’t mean the honored to serve, is currently looking dictions for the success of this program need for financing infrastructure was at expanding and improving Build exceeded. The reality of Build America not there, it was just very hard to get America Bonds in the upcoming jobs Bonds blew past the predictions like a them through the traditional bond bill. I told Secretary Geithner this bullet train. Build America Bonds sold market. Build America Bonds have morning that I had appreciated his like hotcakes, getting desperately changed that. The private sector, folks leadership and the administration’s needed funding going into local com- who represent the country’s largest leadership on this issue. munities, creating jobs, and helping to businesses—the Chamber of Commerce We have some questions about how to strengthen our infrastructure. and National Association of Manufac- proceed—for example, whether, as I As I have suggested, anyone con- turers—have been strong supporters of would like, Build America Bonds cerned that in some way this bond pro- it. Many of the labor groups, the trades should be devoted to new job creation gram would displace current assistance in particular, have been supportive of as opposed to assistance for operating on infrastructure ought to look at the it because clearly business and working expenses and other areas. But the bot- numbers I have cited. Under the Recov- families need a working infrastructure tom line is those are the kinds of issues ery Act, there was $80 billion for direct to give businesses the security they that Democrats and Republicans here Federal infrastructure spending. It has need to think long term about their fu- in the Senate can take on in a bipar- been spent on infrastructure or will be ture. tisan way. What we know is we have spent within the next year. And Build But it is not just businesses that buy something that is working, that is America Bonds were sold on top of that Build America Bonds. Nonprofits, like making a difference in this critical in- assistance. pension funds, have also found Build frastructure area, and that literally

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S420 CONGRESSIONAL RECORD — SENATE February 2, 2010 has 6 years worth of bipartisan history the top person of that Department to own personal agenda, when you have where Democrats and Republicans have deal with the intelligence related to the top person in that department re- come together on an issue that is ex- exactly this—protection of the home- sponsible for intelligence, at a time traordinarily important to our Nation. land. when we have just had an attempted If we keep working together on good You might think, well, is there a attack? I think not. ideas such as Build America Bonds, by problem with the nominee? And the an- The Under Secretary of the office the time the current economic storm swer to that is no. She is currently an leads efforts to collect and analyze in- passes our country’s infrastructure will instructor in intelligence resource telligence, to see that it is shared ap- be finally ready to support a strong, management for the Intelligence and propriately and provided to other intel- healthy economy that lies ahead for Security Academy. She was hired from ligence community agencies. The our Nation. the House Permanent Select Com- Under Secretary provides homeland se- I yield the floor and suggest the ab- mittee on Intelligence. Prior to that, curity intelligence and advice to the sence of a quorum. she served as the Assistant Deputy Di- Secretary, as well as to other senior of- The PRESIDING OFFICER (Mr. BEN- rector of National Intelligence for ficials in the Department, and serves as NET). The clerk will call the roll. Management and as the first Chief Fi- the Department’s senior interagency The assistant legislative clerk pro- nancial Officer for the National Intel- intelligence representative. They have ceeded to call the roll. ligence Program. She assumed this po- no one right now. It makes no sense to Mrs. FEINSTEIN. Mr. President, I sition after serving as Executive Direc- me. ask unanimous consent that the order tor for Intelligence Community Af- In short, this individual, the Under for the quorum call be rescinded. fairs. Secretary for Intelligence of the De- The PRESIDING OFFICER. Without She also previously served as the sen- partment of Homeland Security, is re- objection, it is so ordered. ior Defense Intelligence Agency rep- sponsible for ensuring that intelligence NOMINATIONS resentative to the U.S. European Com- relating to a threat to the United Mrs. FEINSTEIN. Mr. President, I mand and the North Atlantic Treaty States is acted upon. That spot is va- come to the floor as the chairman of Organization, as well as Deputy Direc- cant. From an intelligence point of the Select Committee on Intelligence tor for Analysis and Production at the view, this is quite terrible. It is delete- to speak on two nominations that have Defense Intelligence Agency. She was rious. It is not right for this body to been before our committee. Both of also formerly staff director of the Sub- hold up this nominee. these nominees have been unanimously committee on Tactical and Technical Unfortunately, the Office of Intel- passed out by our committee. Intelligence on the House Permanent ligence and Analysis has experienced The first is the top person for intel- Select Committee on Intelligence and a numerous problems in its short tenure. ligence and analysis at the Department signals intelligence and electronic war- Let me note some: The office’s ill-de- of Homeland Security. Her name is Ms. fare officer in the U.S. Army. fined planning, programming, and Caryn Wagner. Second, Ambassador She has been an intelligence official budgeting processes; a gross overreli- Phil Goldberg, who is nominated to be all of her professional life. She is seri- ance on contractors, to the point that Assistant Secretary for Intelligence ous. She is capable. She is a good can- 63 percent of the workforce was con- and Research at the Department of didate for the position of Under Sec- tracted out as of this summer; and a State. retary of Homeland Security. lack of a strategic plan. These are These nominations are critically im- We held a confirmation hearing on three major problems for which the portant to the safety and security of Ms. Wagner’s nomination on December Under Secretary needs to get on board. this Nation. These are the top intel- 1. Given the overlapping interest of the The Under Secretary needs to solve ligence officials in two different de- Homeland Security Committee, the these problems. partments. There has been an objection Homeland Security and Government On a number of occasions, the office to a unanimous request from the other Affairs Committee held a hearing on has produced and disseminated finished side on the question to confirm these her confirmation on December 3. There intelligence that has been based on nominees. The majority leader of the were no issues with her nomination in noncredible, open-source materials or Senate has come to the floor twice to that committee. focused intelligence resources on the implore, to request, to ask that these The position to which she is nomi- first amendment-protected activities of two nominees be approved because nated is the top intelligence position in American citizens. these are top intelligence people for the Department of Homeland Security. So what is my bottom line? The of- the respective departments. The main responsibilities of this office fice is in need of strong leadership from We just had a national threat hear- are to ensure that information related an Under Secretary with an extensive ing, a world threat hearing in the In- to homeland security threats are col- background in management of intel- telligence Committee, open to the pub- lected, analyzed, and disseminated to ligence. The Intelligence Committee is lic and press, this afternoon. I asked homeland security customers in the de- confident Ms. Wagner is such a person. the question: What is the possibility of partment at the State, local, and tribal She is up to the challenge. She testi- an attack against the homeland in the levels. fied that, if confirmed, among her first next 3 to 6 months? Is it high? Is it So this is an important job. There is tasks will be to review a draft plan to low? Director Blair; Director Panetta; no one in it. We have just had an at- restructure and refine the office’s mis- Director Mueller of the FBI; the head tack, and the chances of another at- sion, which will be a good first indica- of the Defense Intelligence Agency, tempted attack in the next 6 months tion of how Ms. Wagner will manage General Burgess; the acting head of the are high. Yet somebody on the other the organization. We should get crack- INR, the intelligence agency of the side—I suspect for political reasons—is ing. We should get it done. We should State Department, Ambassador holding her up. It makes no sense, if get this spot filled. Dinger—every one of them said that you want to protect this Nation, to I, respectfully, ask that if there is there will be an attempt at an attack. hold up this position. I hope whoever it something we do not know, that the The threat is high. Yet we cannot get is will come to the floor and explain Homeland Security Committee does confirmed two top people whose job it why they are holding up this nominee, not know, that the Intelligence Com- is to see that the analysis of this intel- a woman who has had a lifetime dedi- mittee does not know, that the person ligence is correct. cated to intelligence, who would be the holding her up come to the floor and Let me speak for a moment about top intelligence person in the Depart- tell us what it is. It is a significant def- Caryn Wagner. She has had a distin- ment of Homeland Security. One per- icit not to have this position filled. guished career in public and private son holding her up, vetted by two com- Let me turn to the nomination of service that has prepared her to be the mittees, Intelligence and Homeland Se- Ambassador Philip Goldberg to be As- Under Secretary of Homeland Security curity, without a negative vote at In- sistant Secretary for Intelligence and for Intelligence and Analysis. telligence. Why would someone hold Research at the State Department. We just had an attempted Christmas her up? For their own agenda? Is it ap- Again, the Intelligence Committee had attack on the homeland. Ms. Wagner is propriate to hold her up for someone’s a hearing. We unanimously approved

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S421 Ambassador Goldberg’s nomination on officials and presents an important tometer in an airport, which will be December 10, the same day we reported viewpoint in the internal deliberations used again, and that intelligence pro- out Ms. Wagner’s nomination. of the intelligence analytic commu- fessionals assess with confidence that Ambassador Goldberg has a distin- nity. INR analysts are highly expert in we face another attack. We ought to guished 20-year career in the Foreign their fields and often improve the qual- get these positions filled. Service, where he has served as the ity of coordinated intelligence assess- Unless there is some reason why charge d’affairs and deputy chief of ments by challenging the views of these two nominees are faulty, if they mission in Santiago, Chile; the chief of other agencies and, if necessary, dis- are not qualified, if they have done mission in Pristina, Kosovo; and in the senting from consensus judgments, if something wrong, then I say come to U.S. Embassies in Bogota, Colombia, they believe them to be incorrect or the floor and oppose them openly. But and Pretoria, South Africa. Ambas- unsubstantiated. ‘‘time’s awastin’.’’ These positions sador Goldberg is a graduate of Boston I first came to appreciate INR’s inde- have to be staffed. This country has to University and, before joining the For- pendent-minded approach in 2002, when be protected. Our intelligence profes- eign Service, he worked for the city of its analysts dissented from the official sionals need to be in place. In two de- New York. judgment of the intelligence commu- partments, we have two high-level po- From 2006 to 2008, he served as Am- nity regarding Iraq’s weapons of mass sitions relating to intelligence that are bassador to Bolivia, during a period of destruction. INR analysts expressed not filled and should be filled and these heightened tensions between our two less certainty regarding the claim that nominees are waiting. countries. Iraq was reconstituting nuclear weap- So I hope someone is listening. I In mid-September 2008, President Evo ons, believing that Saddam Hussein’s hope, somehow, someway, this will Morales accused Ambassador Goldberg pursuit of aluminum tubing was not for make a difference. And I very much of supporting opposition forces, declar- nuclear purposes. hope we will be able to confirm both of ing him persona non grata, and ex- History, of course, proved the INR these nominees—reviewed by the For- pelled him from the country. analysts to be correct, as Iraq was not eign Relations Committee, one; by the The Intelligence Committee carefully reconstituting a nuclear weapons pro- Homeland Security Committee, the reviewed Ambassador Goldberg’s con- gram. other; and reviewed and approved by duct in Bolivia. We have found he acted Bottom line: Ambassador Goldberg is the Intelligence Committee, both. appropriately during his tenure and well qualified, and the position for Thank you very much, Mr. President. carried out the policies of the U.S. which he has been nominated to fill is I yield the floor. Government. In fact, an inspector gen- an important one within the intel- I suggest the absence of a quorum. eral report on the Embassy, published ligence community. There has been no The PRESIDING OFFICER (Mr. in September of 2008, gave Ambassador reason put forward why he should not BEGICH). The clerk will call the roll. Goldberg and his deputy high marks, be confirmed. Two committees have The assistant legislative clerk pro- stating: held hearings. The Intelligence Com- ceeded to call the roll. The Ambassador and the deputy chief of mittee recommended his confirmation Mr. HARKIN. Mr. President, I ask mission (DCM) provide clear policy guidance unanimously. We did for both these unanimous consent that the order for and leadership . . . [They gather] input and nominees. Yet there is a hold on the the quorum call be rescinded. the advice from their staff, forging an excel- other side of the aisle. The PRESIDING OFFICER (Mr. lent working relationship among all agencies As chairman of the Intelligence Com- UDALL of Colorado). Without objection, and sections at post. mittee, I believe it places our Nation at it is so ordered. After Ambassador Goldberg’s expul- a security disadvantage. I urge that Mr. HARKIN. Well, Mr. President, sion from Bolivia, the State Depart- change. I urge that whoever has the here we are. It is about 5 minutes to 6 ment strongly defended the Ambas- hold, if they have something that is p.m. We have been here all day today sador, both in the public press as well consequential against either one of postcloture on Patricia Smith. Again, as in internal memoranda. In short, the these nominees, do the honorable to recap why we are here—I am not Intelligence Committee believes Am- thing. Come to the floor of the Senate, certain why we are here but to recap bassador Goldberg acted professionally express your objections. Have the de- the fact that we are here—Patricia and bears no blame for the Bolivian de- bate and dialog on the ability, the ex- Smith was reported out of our com- cision to expel him. perience, the doings of these two peo- mittee last year, was held up to be the Since June of 2009, Ambassador Gold- ple. They are superbly qualified. Nei- Solicitor for the Department of Labor, berg has served as the coordinator for ther one of these was plucked out of and finally we had to file cloture be- the implementation of United Nations some political community and thrust cause she was being filibustered. That resolution 1874, which imposed eco- into these positions. They have both cloture motion ripened last night and nomic and commercial sanctions on been dedicated professionals. That is we had a cloture vote last night. Sixty North Korea. In this position, he has one of the reasons why this hold is so people voted to end debate and bring relied on sensitive intelligence report- difficult to understand. her up for a vote. Well, under the rules ing to build a diplomatic consensus to I wish the Senate to know that the of the Senate, there is then 30 hours of search North Korean cargo. Intelligence Committee, which I am debate. So we have been here. It has Ambassador Goldberg appeared be- proud to chair, takes its responsibility been nearly 30 hours. fore the Intelligence Committee for a to review the President’s nominees to We have been here all day today, and, confirmation hearing on December 1, positions requiring Senate confirma- as I understand, only one person 2009. Given its jurisdiction over the tion very seriously. Our process is showed up today to talk against her State Department, the Senate Foreign thorough and bipartisan. The staff does nomination. That was my colleague Relations Committee also held a hear- an investigation. The documents are and good friend, Senator ENZI from Wy- ing on Ambassador Goldberg’s nomina- reviewed. The hearing is held. Written oming, the ranking member of our tion on November 19, 2009. No problems questions are sent. Written questions committee. I looked at the transcript with the nomination were identified. are answered. The questions and their of what he said, and basically it was The unanimous view is, Ambassador answers are read. The committee dis- just about what was said yesterday. Goldberg is an experienced professional cusses it and votes. In this case, three Nothing new came out today. I know who is very capable and ready to as- committees have reviewed these two Mr. ENZI opposes her nomination. That sume his new duties. nominees. The Intelligence Committee is no secret. It is his right to do that. The position of Assistant Secretary has found them qualified for their posi- But here we are using 30 hours and only for Intelligence and Research is a tions. Yet they are held up. one person today has come over to unique one in the intelligence commu- Consider that on Christmas Day we speak against her. nity. The bureau, which we refer to had someone who tried to explode a de- So, again, I just say this to inform simply as INR, produces all source in- vice, a device which will be perfected, the public that here we are, the lights telligence analysis to advise the Sec- which will be used again, which is basi- are on, the electricity is running, the retary of State and other senior policy cally impossible to find by a magne- bills are going up, and we are here for

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S422 CONGRESSIONAL RECORD — SENATE February 2, 2010 no good reason whatsoever. We could have not heard anything new during What is important to note is that under have voted on the nominee last night. these 30 hours. There was one thing my Ms. Smith’s leadership, she made an extra ef- We could have voted this morning and colleague and friend Senator ENZI said fort to communicate directly with the busi- moved on to other business. There is today that I do want to respond to. ness community, to elicit feedback, to pro- other business before the Senate that vide us with a heads-up, and to balance our Again, it was nothing new, but it was comments as she framed policy and practice needs to be attended to. But the Repub- just said again today about this Wage within her Department. Her outreach to us licans have decided under their leader- Watch that was instituted in New York and communication with us was open, hon- ship to slow everything down. as a pilot program, about how they est, candid, and frequent. I have heard it said by the leadership were going to investigate and go into I ask unanimous consent that the on the Republican side that the public businesses and all that kind of stuff. letter from Kenneth Adams, president wants them to stop bad legislation. Again, I do not want to repeat what and CEO of the Business Council of That is why they use the filibuster. somebody lower down has said. I want New York, be printed in the RECORD at Well, this is not legislation. This is a to know what Ms. Smith herself said this point. person to be the Solicitor for the De- about it. There being no objection, the mate- partment of Labor, and obviously she Here, as shown on this chart, is an e- rial was ordered to be printed in the has more than enough votes to get con- mail from Commissioner Smith—right RECORD, as follows: firmed. She is eminently well qualified. now from her—dated January 15, 2009, THE BUSINESS COUNCIL She has a broad swath of support. when they were starting up this pro- Again, they can filibuster, but we had OF NEW YORK STATE, INC., gram. Here is her e-mail—not some Albany, NY, August 14, 2009. the vote on that last night to end the underling’s, not some staff person’s, Re Nomination of M. Patricia Smith, U.S. filibuster. But, again, it is their right but Ms. Smith’s, who is the subject of Department of Labor Solicitor General. under the rules—I am not denying the nomination— Hon. MICHAEL B. ENZI, that—it is their right to drag it out for U.S. Senate, Senate Russell Office Building, Wage Watch groups will be conducting ac- Washington, DC 20510. 30 more hours. But to what end? To tivities which promote labor law compliance DEAR SENATOR ENZI: On behalf of the 3,000 what purpose? Has more information . . . including handing out leaflets about members of The Business Council of New come out about Ms. Smith that might labor laws to workers at community events York State, I write in support of President change somebody’s mind on how they or supermarkets; giving know-your-rights Obama’s nomination of Ms. Patricia Smith training to workers; talking to workers at are going to vote, whether she should for the position of Solicitor General at the restaurants and other businesses open to the take this position? No, nothing more United States Department of Labor. As the public; and talking with employers about has come out, no new information. So president and CEO of a statewide business labor law compliance. here we are wasting time, slowing ev- trade organization, I believe Ms. Smith is su- Please note that the groups and individ- perbly qualified to assume the responsibil- erything down. The public has to know uals who participate as Wage Watchers will ities of Solicitor General and urge the Com- this. People out there are frustrated not be agency employees or official rep- mittee’s favorable disposition of her nomina- because we are not getting anything resentatives of the Labor Department. They tion. done. This is a perfect example of how are not replacing staff and they are not As the Committee has the broadest access the Senate has become dysfunctional— going to be conducting investigations of any to Ms. Smith’s resume and credentials, I kind. Their role is limited to doing outreach dysfunctional. Here we are for 30 hours write to add a perspective which often does and community education, and to reporting doing absolutely nothing, to no end not translate well from written documents any violations they encounter to the divi- whatsoever. or background checks. Ms. Smith’s long ten- sion. Usually, as to the 30 hours after a ure as an Assistant Attorney General of New cloture vote has been had, people will So that is what the Wage Watch was York leading its Labor Bureau showed her to say: Well, there is new information. We set up to be. But, again, we keep hear- be thorough, fair and judicious in the use of have to bring out something new. We ing all of these accusations about vigi- the tools at her disposal to ensure compli- can maybe change some votes. lantes and all that kind of stuff. They ance with New York’s Labor Law. She care- Nothing new has come out and noth- are not empowered to enter any place fully balanced the disparate issues before her ing new will come out. She has been of business unless the employer lets and sought resolution as opposed to prosecu- tion, when that result would serve the best thoroughly vetted since last April, al- them or unless it is a place of business interests of New York’s citizens. And where most a year. She has responded to where the general public can go such as blatant fraud, abuse and disregard for New every written question. She has re- a restaurant, a Wal-Mart, whatever— York’s Labor Law was evident, she did not sponded to any personal request to stores. Wherever the public can go, rush for headlines and photo opportunities, meet with her. So everything is out they can go, but they cannot enter a but rather worked closely with appropriate there in the open. Yet the Republicans business that is not generally acces- officials to build a legal case which would insist on dragging it out for 30 hours. sible to the public. I wanted to set the withstand scrutiny and higher level appeals. Again, the public has a right to ask record straight one more time. In her tenure as New York’s Commissioner why. Again, to what end? To what end of Labor, Ms. Smith continued her vigilance Again, if Ms. Smith were so bad, I and diligence on behalf of New York’s citi- are we dragging out the 30 hours? Well, would daresay you couldn’t find a busi- zens, again balancing the many different I guess the end is to try to keep us ness group that would support her. I roles the Department of Labor serves in New from doing anything else. have here a whole bunch of letters from York State. To those not familiar with the As President Obama said in his State business groups in the State of New responsibilities of that Department, they of the Union Address, just saying no is York where she is presently the labor may not understand the challenge it can be not leadership. Just saying no is not commissioner extolling her virtues and to manage an agency which issues unemploy- leadership. That is all we are hearing her ability to work with the business ment benefits; must be vigilant about fraud in that $2.5 billion unemployment system; from the Republican side—no to every- community. Here is the Business Coun- thing. Well, it is all right if they want engages with businesses and individuals to cil of New York State. I won’t read it help put people back to work; manages a to say no, but at least let’s vote. Let’s all, but it says: workforce development system designed to vote. As the president and CEO of a statewide improve skills of our workforce; and, en- It is very frustrating—very frus- business trade organization, I believe Ms. forces rigorous minimum wage, safety and trating. I know they can use the rules, Smith is superbly qualified to assume the re- health, and various labor standards’ stat- but you can also abuse the rules. The sponsibilities of Solicitor General and urge utes. At times, a Commissioner is asked to filibuster is being abused. It used to be the Committee’s favorable disposition of her decide between what may seem to be con- used only for weighty measures in nomination. flicting goals and objectives; Ms. Smith al- which there was a true disagreement He goes on to say: ways demonstrated to the business commu- nity a willingness to listen, to reflect and to and for which, perhaps, some could be Ms. Smith’s long tenure as an Assistant swayed one way or the other through respond. Attorney General of New York leading its To be sure, our organization did not always the debate and arguments that came Labor Bureau showed her to be thorough, agree with the policy direction taken under forward on the floor—not for nomina- fair, and judicious in the use of the tools at Ms. Smith’s tenure. But there are well-estab- tions. So everything is slowed down. her disposal to ensure compliance with New lished processes through which we can pur- I also wish to say a few more words York’s labor law. sue changes to policies with which we dis- on behalf of Patricia Smith. Again, we Then he goes on further: agree. What is important to note is that

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Her outreach to in addressing the issues arising from this cri- tion of manufacturers in New York, but also us and communication with us was open, sis and helping to insure that New York re- one of the oldest and most widely recognized honest, candid and frequent. While some may mains the financial capital of the country associations in the nation. view her tenure as one of strict enforcement, and the world. For Central and Upstate New York to re- with little regard to practical day-to-day Ms. Smith acted decisively to mobilize tain its manufacturing base, manufacturers business realities, our membership would New York, Connecticut and New Jersey to must be able to compete in the global econ- disagree, as we believe she offered an oppor- collaborate as a region with a shared inter- omy. Manufacturing strength is contingent tunity to the business community to be a est in the recovery of the financial services upon the quality of the region’s workforce. part of the solution, rather than just react- industry and keeping top talent here. She led Manufacturers often cite the quality of the ing to the problems. efforts to secure a $20 million National workforce as a key reason for business ex- New York’s Labor Laws date back a cen- Emergency Grant that is currently helping pansion and the lack of it as a reason for tury and reflect the seriousness with which thousands who have been laid off to train for closing and/or relocating. Expanding the policymakers then and now feel the law new careers. She established a New York trained and educated manufacturing work- should protect workers and be responsive to Early Alert/Retention Team to respond to force is therefore crucial to the Upstate New their needs. That is the statutory and regu- small businesses in danger of closure, reloca- York economy. As such, one of MACNY’s latory environment within which New York tion, or financial crisis that would result in core mission areas remains workforce devel- employers must operate. Where employers mass layoffs. opment. Training programs help manufac- engage in fraud and abuse of employees, en- She has aggressively promoted programs turers educate workers and remain in Cen- that help employers retain productive work- forcement of the law is a duty, not an option. tral and Upstate New York. ers during downturns and fund employer- Ms. Smith has shown a clear ability to bal- The Department of Labor under the leader- sponsored worker training initiatives. She ance her duty as a public official to enforce ship of Commissioner Smith has been fully increased employer participation in the fed- the law and her obligation as a public offi- supportive in our mission to enhance and im- eral Work Opportunity Tax Credit (WOTC), cial to ensure that the law provides for rea- prove our sector’s workforce. Commissioner which provides incentives to employers to sonable application and reasonable solu- Smith and her team have been informative, hire people who are hard to employ. The tions. helpful, and involved every step of the way, Partnership strongly supports these pro- It is those critical skills—listening, inter- ensuring our membership has the tools, edu- grams, and every one of them has seen un- preting, and balancing—that make Ms. cation and skills they need in order to suc- precedented success in New York City under Smith an ideal candidate to serve as the ceed. Commissioner Smith’s leadership. United States Department of Labor’s Solic- One such example is the partnership be- As an advocate for businesses and eco- itor General and I would ask that the Com- tween MACNY and DOL on the successful nomic development in New York for more mittee move on her nomination upon its re- Shared Work Program. Since its inception, than 25 years, I have had the opportunity to turn in September. MACNY has lent its support and continued interact with many public officials. Ms. Should any Committee members benefit to promote this beneficial DOL program. Smith stands out as one of the most dedi- from further discussion on her nomination to Through this unique and successful partner- cated and effective of our state commis- which I can contribute, please feel free to ship, over 34 member companies have uti- sioners and I consider her to be an excellent contact me at your convenience. lized and benefited from the Shared Work choice for the post that the President has se- Sincerely, program, including Revere Copper Products, lected her for. Endicott Interconnect and Manth Brownell, KENNETH ADAMS, We hope you will support her nomination President and CEO. Inc. and would be happy to answer any questions In another similar partnership, in May of Mr. HARKIN. Mr. President, here is a you might have about her work with the New 2009, MACNY hosted a Workforce Develop- letter from the Partnership for New York business community. ment partnership meeting for the planning York City. Again, I won’t read it all, Sincerely, of reemployment services on behalf of Magna but it says: KATHRYN S. WYLDE, Power train, a longtime MACNY member President & CEO. and major market manufacturing employer As an advocate for businesses and eco- located in Dewitt, New York. The meeting, nomic development in New York for more Mr. HARKIN. Here is a letter from in partnership with the Department of than twenty-five years, I have had the oppor- the Manufacturers Association of Cen- Labor, focused on the company’s employees tunity to interact with many public officials. tral New York: and the anticipated downsizings and possible Ms. Smith stands out as one of the most The Department of Labor under the leader- future plant closure. Since economic and dedicated and effective of our state commis- ship of Commissioner Smith has been fully labor pool questions are regular inquiries sioners and I consider her to be an excellent supportive in our mission to enhance and im- from our membership, MACNY holds a vest- choice for the post that the President has se- prove our sector’s workforce. Commissioner ed interest in the related progress. As a re- lected her for. Smith and her team have been informative, sult of this meeting, and with thanks to the helpful, and involved every step of the way, That is from the president and CEO expertise and hard work of the Department ensuring our membership has the tools, edu- of the Partnership for New York City. of Labor, MACNY remains readily available cation and skills they need in order to suc- I ask unanimous consent that it be to promote an applicant pool and highly ceed. printed in the RECORD. qualified resumes to their membership. It is signed by Randy Wolken, presi- There being no objection, the mate- Commissioner Smith has also spent her dent of the Manufacturers Association tenure advocating on the federal level for rial was ordered to be printed in the of New York. funding in workforce development initiatives RECORD, as follows: I ask unanimous consent that this and continued Federal workforce training SEPTEMBER 1, 2009. letter be included in the RECORD. dollars, a cause that has greatly benefited Hon. MICHAEL B. ENZI, There being no objection, the mate- MACNY’s membership. Meeting with edi- U.S. Senate, Senate Russell Office Building, rial was ordered to be printed in the torial boards and local officials, New York’s Washington, DC. Congressional delegation, as well as key DEAR SENATOR ENZI: I am writing in sup- RECORD, as follows: Congressional committee members and staff, port of President Obama’s nomination of M. MANUFACTURERS ASSOCIATION Commissioner Smith was able to draw atten- Patricia Smith for Solicitor General of the OF CENTRAL NEW YORK, tion to and oppose the 50% cut in New York’s United States Department of Labor. Syracuse, NY, September 11, 2009. Workforce Investment Act (WIA) dollars The Partnership for New York City is an Re Nomination of M. Patricia Smith as So- since 2000. In recent years, MACNY has been organization whose members include many licitor General, United States Depart- grateful in securing federal funding for of the nation’s most prominent business ment of Labor. workforce and training initiatives, allowing leaders. Our mission is to work with govern- Hon. JEFF MERKLEY, members to receive discounted advanced ment, organized labor and the not-for-profit U.S. Senate, Russell Senate Office Building, skills training as a way to keep their costs sector to build a stronger city and state, Washington, DC. down and advance their workforce. Without with a focus on education, infrastructure and DEAR MR. MERKLEY: On behalf of MACNY, Commissioner Smith’s tireless efforts in this the economy. the Manufacturers Association and its mem- capacity, this critical program would not be During the past year, we have been par- bers, I fully give my support to the nomina- possible. ticularly concerned about the threat that tion of Patricia Smith as Solicitor General As earlier stated, for over 95 years MACNY the global financial crisis and recession have of the United States Department of Labor. has been tirelessly working to ensure we had on the financial services industry, which MACNY is a trade association representing have the most up-to-date services and infor- is a key source of jobs and tax revenues for over 330 member companies with over 55,000 mation needed to allow our manufacturing

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community to grow and prosper. In examples Transportation Equipment & Green Tech LONG ISLAND FORUM FOR TECHNOLOGY, as cited above, plus many more, our collabo- Workforce Strategy for our region, our first Bay Shore, NY, August 21, 2009. rative partnership with the Department of multifaceted approach to the creation of a Re Nomination of M. Patricia Smith, U.S. Labor allows us to learn and educate our capacity in our region to attract and support Department of Labor Solicitor. membership on how the state’s workforce de- employers in these targeted sectors. The cre- Hon. MICHAEL B. ENZI, velopment programs can best help them. The ative approach features everything from sup- U.S. Senate, Senate Russell Office Building, continued leadership of Commissioner Pat port for the start-up of Plattsburgh Aero- Washington, DC. nautical Institute, an FAA-certified A&P Smith in such instances has been exemplary, DEAR SENATOR ENZI: As the President of mechanics’ school, to further development of and our collective membership is grateful for the Long Island Forum for Technology I am a new Global Supply Chain Management both her and the Department of Labor’s writing in support of the nomination of Ms, school at our local university, to the launch years of dedication to the state’s manufac- Patricia Smith for the position of Solicitor of new electronics and alternative energy turing community. General at the United States Department of It is Commissioner Smith’s dedication, technology programs at our community col- lege, and more. Labor. leadership, and innovative thinking that Founded in the 1970’s, LIFT is a not-for- make her an exceptional candidate for Solic- And although we are just beginning the second year of implementation under the profit organization whose focus is on tech- itor for the United States Department of three-year plan, the results are already tan- nology-driven economic development Labor, and on behalf of MACNY, I fully sup- gible. Plattsburgh Aeronautical Institute is throughout the Long Island region. Our suc- port her nomination for this position. set to fully open its doors next month, and is cess is evidenced by the recognition and re- If you have any other questions in this ca- already putting us in play in terms of mar- sponsibilities conferred on us by our partners pacity, please do not hesitate to contact me. keting the former Plattsburgh Air Force in the State and Federal Government includ- Sincerely, Base for future aerospace activities. And ing: RANDY WOLKEN, Volvo/Nova Bus has just opened a new plant LIFT serves as the U.S. Department of President. in our community with 300 employees for the Commerce Manufacturing Extension Partner Mr. HARKIN. Here is a letter from production of transit buses in the U.S., a (MEP), one of nearly 350 MEP locations the Plattsburgh North Country Cham- venture that would not have been feasible across the country; ber of Commerce. They said: without the programs she helped us get up LIFT serves as the NYS Foundation for and running. Science, Technology and Innovation Since she assumed leadership of the New In these and other ways, Patricia Smith (NYSTAR) designated Regional Technology York State Labor Department in 2007, we has worked with us to give true life to the Development Center (RIDC) for the region; have enjoyed not only attention and engage- notion of wedding economic and workforce LIFT serves as the NYS DOL Sector Inter- ment from Patricia Smith but a genuine development. But at the same time, she has mediary in the Advanced Manufacturing working partnership. also been a partner in serving the current Sector and on the National Governors Asso- It goes on to say: needs of our employers. ciation (NGA) Sector Policy Academy. A prime example is a major workplace I could cite additional examples, but the It was in the last role that we have come safety training program administered into contact and worked with NYS Depart- bottom line is this. Patricia Smith has been through our Chamber under contract with ment of Labor Commissioner Smith and the an outstanding partner as Commissioner of the State Labor Dept., bringing meaningful programs she sponsored on work force trans- the New York State Labor Dept., and will be safety training to hundreds of small employ- formation in the Manufacturing and an outstanding solicitor for the U.S. Labor ers who could never access it otherwise. Department. We strongly encourage her ear- Even in current tough situations, in which Healthcare sectors. liest possible confirmation by the Senate. some of our manufacturers have needed to Under Commissioner Smith’s able and vi- This letter is signed by Garry F. reduce production, she and her team have sionary leadership, the New York State De- partment of Labor conceived, launched and Douglas, president and CEO of the been there with creative solutions. This in- cludes a Shared Work program now being funded a program known as Regional Work- Plattsburgh North Country Chamber of used by a major railcar assembly plant. force Transformation (13N). This program Commerce. I ask unanimous consent Rather than fully lay off a percentage of broke new ground in the connectivity be- that it be printed in the RECORD. their workers, they are using this program tween industry and education. With its in- There being no objection, the mate- to reduce their hours, with NYSDOL allow- dustry-driven initiative structure it created rial was ordered to be printed in the ing them to access unemployment insurance an environment for innovation, and increas- ing skill growth, focused on creating Long RECORD, as follows: benefits for the percentage of hours they are not working while being paid by the com- Island’s future workforce. PLATTSBURGH NORTH COUNTRY pany for the remainder. The obvious result is This program is now entering its 2nd year, CHAMBER OF COMMERCE, a better economic interim for the employees, with over 600 individuals having gained a Plattsburgh, NY, August 10, 2009. and the ability for the company to hold onto wide variety of new and upgraded skills Re Nomination of Patricia Smith to be DOL skilled employees they want to bring back to training. This has led to the transformation Solicitor. fulltime when orders pick up. of many individual lives with the results Hon. MICHAEL B. ENZI, I could cite additional examples, but the borne out in job placements and position up- U.S. Senate, Russell Senate Office Building, bottom line is this. Patricia Smith has been grades. Washington, DC. an outstanding partner as Commissioner of With a strong record of achievement and DEAR SENATOR ENZI: Our Chamber is the the New York State Labor Dept., and will be leadership, Patricia Smith has been and out- largest business and economic development an outstanding Solicitor for the U.S. Labor standing Commissioner of the NYS Depart- alliance in northern New York and one of the Department. We strongly encourage her ear- ment of Labor. With her vision and her en- five largest in our state, representing more liest possible confirmation by the Senate. ergy, we believe she will make an out- than 3,250 companies. I have had the pleasure Please let me know if there are any ques- standing addition to the U.S. Department of of serving as President and CEO since 1993, tions we might be able to answer, and thank Labor’s Leadership team and we urge her you for your consideration. having previously served as Executive As- earliest confirmation by the United States Sincerely, sistant to former Congressman Gerald Sol- Senate. GERRY F. DOUGLAS, omon (R-NY 23) for fourteen years. Yours truly, President and CEO. During my sixteen years of engagement in C. KENNETH MORRELL, business and workforce development in this Mr. HARKIN. Here is a letter from President. region, I have had many occasions to work the Long Island Forum for Technology. Mr. HARKIN. Lastly, here is one with our New York State Labor Department It says: in various efforts to assist employers and to from the U.S. Women’s Chamber of With a strong record of achievement and Commerce: design and implement meaningful workforce leadership, Patricia Smith has been an out- training programs. I am writing to tell you standing Commissioner of the NYS Depart- After learning of Ms. Smith’s qualifica- firsthand that until Patricia Smith was ment of Labor. With her vision and her en- tions, expertise and the law she has worked named Commissioner, we enjoyed an excel- ergy, we believe she will make an out- to uphold, I can clearly see that she is some- lent working relationship with our local standing addition to the U.S. Department of one who would work with conviction to en- State Labor Dept. officials but enjoyed little Labor’s leadership team and we urge her ear- force the laws of the United States of Amer- leadership, engagement or even interest liest confirmation. ica. Additionally, I am impressed with her from the Commissioner’s office. It is signed by the president of the out-of-the-box thinking in creating programs Since she assumed leadership of the New that will keep jobs. We especially need these York State Labor Dept. in 2007, we have en- Long Island Forum for Technology. attributes in this time of economic chal- joyed not only attention and engagement I ask unanimous consent that it be lenge. from Patricia Smith but a genuine working printed in the RECORD. Please accept Ms. Patricia Smith’s nomi- partnership. There being no objection, the mate- nation, and confirm Ms. Smith as Solicitor This includes the design, funding and im- rial was ordered to be printed in the General of the United States Department of plementation of a three-year Aerospace, RECORD, as follows: Labor.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S425 It is signed by Margot Dorfman, CEO To me, that is not a good enough ex- these issues. At one time, there was a of the U.S. Women’s Chamber of Com- cuse, when only one person came here meeting set between Iranian Parlia- merce. today to speak against her, and that mentarians and Members of Congress I ask unanimous consent that it be person spoke against her yesterday. I in Geneva that was canceled by the Ira- printed in the RECORD. read the transcript. Nothing new; same nian Government. My detailed state- There being no objection, the mate- stuff. ment specifies the efforts I have made rial was ordered to be printed in the I would hope we could collapse this over that period of time. But I think RECORD, as follows: timeframe and vote on it, but evidently we have come to a point now where we U.S. WOMEN’S CHAMBER OF COMMERCE, the Republicans are intent on stretch- have to get candidly tough, and we Washington, DC, August 25, 2009. ing this out to the maximum 30 hours. have to impose sanctions. Re Nomination of M. Patricia Smith, U.S. As I said, it may be their right, but I President Obama said he would give Department of Labor Solicitor General. think it is an abuse of that right. Iran until the end of the year—refer- Hon. EDWARD M. KENNEDY, Mr. President, I yield the floor and ring to the year 2009—to come to the U.S. Senate, Russell Senate Office Building, note the absence of a quorum. table. There were some indications Washington, DC. The PRESIDING OFFICER. The that Iran would do so. British Prime DEAR SENATOR KENNEDY: On behalf of the clerk will call the roll. U.S. Women’s Chamber of Commerce, our Minister Gordon Brown has made a The bill clerk proceeded to call the similar statement and, in a sense, they 500,000 members and the millions of women roll. nationwide, I am writing to send our strong have drawn a line in the sand. support for President Obama’s nomination of Mr. SPECTER. Mr. President, I ask My own personal assessment is that Ms. Patricia Smith, and I urge the Com- unanimous consent that the order for we are approaching the point of clear mittee to confirm Ms. Smith as Solicitor the quorum call be rescinded. and present danger that Iran poses as a The PRESIDING OFFICER. Without General at the United States Department of threat to the region, especially to Labor. Ms. Smith has demonstrated that she objection, it is so ordered. is well prepared and qualified for the posi- Israel, to the national security inter- SANCTIONS AGAINST IRAN ests of the United States, and to the tion, and will act on behalf of those who are Mr. SPECTER. Mr. President, I have facing unfair labor practices. world. So I think it is time that firm The U.S. Women’s Chamber of Commerce sought recognition to express my views action be taken. on the issue of sanctions against Iran. represents both working women and women We have seen it evolve that gradually The Senate, on the unanimous consent businesses owners. While one would think Russia has moved to join the United calendar last Thursday, passed legisla- that these two constituents would be con- States, Great Britain, France, Ger- tradictory in viewpoint, they are not. tion calling for sanctions against Iran. many, and other nations in moving to- From 1997–2006, the number of women- This was the first opportunity I have ward sanctions. China, regrettably, has owned firms grew by 42.3% largely due to had to address the subject. I wish to do not done so. women leaving Corporate America in droves so now. in search of equal pay, opportunities for pro- The threat posed by Iran armed with Comments by Secretary of State Hil- motions and a family friendly work environ- lary Clinton just last week are impor- ment. What they found instead was more nuclear weapons is obvious and very se- rious. It is a threat which applies for tant on this subject. The Secretary of barriers to opportunity. In fact, during this State said: same time period, the revenues for all the region, for the world. It is a vital women-owned small businesses grew only national security interest of the United China will be under a lot of pressure to rec- 4.4%—representing a 38% overall decrease in States that Iran not be armed with nu- ognize the destabilizing effect that a nu- revenues. clear weapons. It is obviously of great clear-armed Iran would have in the Persian Clearly, women found that business owner- Gulf from which they receive a significant importance to Israel that Iran not have percentage of their oil. ship came with a whole new set of challenges nuclear weapons in light of the his- including the inability to fairly access fed- Secretary of State Clinton further re- eral contracts, capital and affordable health tory—the fact that the Iranian Presi- dent has called for wiping Israel off the marked that a nuclear-armed Iran care. And, most profoundly, they are faced would risk setting off an arms race in by the growing challenge of competing with face of the Earth. businesses that undercut their competitive- I have prepared a comprehensive the Persian Gulf and that it could pro- ness by engaging in unfair labor practices. statement of my views on this subject voke a military strike from Israel Those that pay fairly and play fairly do in anticipation of the matter coming to which she said she would regard a nu- not fear Ms. Smith’s no-nonsense approach the Senate floor. I will ask unanimous clear Iran as an existential threat. to labor law enforcement. They, in fact, see consent to have it printed in the It has long been articulated that the that they are being protected. RECORD. military option is on the table. Israel After learning of Ms. Smith’s qualifica- has demonstrated its resoluteness—a tions, expertise and the laws she has worked I have been reluctant to call for sanc- to uphold, I can clearly see that she is some- tions because I am a firm believer in small nation surrounded by, vastly one who would work with conviction to en- diplomacy and have undertaken a num- outnumbered by the Arab population, force the laws of the United States of Amer- ber of steps to try to encourage a par- still technically at war with many of ica. Additionally, I am impressed with her liamentary exchange between Iranian the Arab countries, peace treaties only out-of-the-box thinking in creating programs Parliamentarians and Members of Con- with Egypt and Jordan. Israel dem- that will keep jobs. We especially need these gress. I have been working on that for onstrated its capability and willingness attributes in this time of economic chal- the better part of a decade. The exten- to take out the Iraq reactor in June of lenge. 1981 and more recently the Syrian in- Please accept Ms. Patricia Smith nomina- sive written statement summarizes in tion, and confirm Ms. Smith as Solicitor some detail those efforts. stallation which is believed to have General at the United States Department of I have met with the last three Ira- been working on nuclear weapons. Labor. nian Ambassadors to the United Na- Secretary of State Clinton is blunt in Sincerely, tions. I found them all to be highly in- the grave threat posed by the situation MARGOT DORFMAN, CEO. telligent, to be articulate, to be cor- that Israel is concerned about with Mr. HARKIN. Mr. President, it is dial, and to be interested in a dialog Iran becoming a nuclear force. clear that Patricia Smith is eminently and in conversations. I believe if their I think the time has come to act. In well qualified. She has been thoroughly views were reflected by the Iranian the course of my statement, I have vetted. We need a Solicitor at the De- Government, it would be a very dif- gone into some detail as to the sanc- partment of Labor. This nomination ferent picture than it is at the present tions and how effective they could be. has been hanging here since last April. time. But I think there is no doubt that if It is time to move on. But, again, the One year I got permission from the China joined the United States, Russia, Republicans are exercising their State Department to have the Iranian Great Britain, France, Germany, India, right—although I think it is an abuse Ambassador to the U.N. come to Wash- and other nations in imposing tight of that right—to drag it out for 30 more ington at my so-called hideaway office sanctions, financial sanctions on the fi- hours, to keep the Senate in session, a few feet away from the floor and have nancial institutions, on trade, on sup- for no purpose whatsoever other than dinner with Members of Congress and plying gasoline, on supplying Iranian to slow things down in this Chamber. the Iranian Ambassador to talk about needs that the world could make its

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If you determination to impose sanctions back with Chavez in Venezuela; several put this explanation in, as I have said, that it would have the potential to visits to Fidel Castro in Cuba; con- the reader will know I have summa- bring compliance by Iran. Russia has versations with Arafat, both in rized and amplified, to some extent, made a proposal that it would enrich Ramallah, Gaza, and when he came to and that what follows now is not a rep- Iran’s uranium. If Iran is sincere that Washington, to my office downstairs, etition as such but the formal state- it does not want enriched uranium for looking for money from the Foreign ment which was prepared in advance. military purposes, for a bomb, but only Operations Subcommittee. I have made There being no objection, the mate- wants it for civilian purposes, well, many trips to Syria, gotten to know rial was ordered to be printed in the take up Russia’s offer to have the ura- Hafez al-Assad and Bashar al-Assad; RECORD, as follows: nium enriched by Russia. At one point, had cordial conversations, as one of six STATEMENT OF SENATOR ARLEN SPECTER: Iran appeared to be willing to do that. Senators who visited Syria about a ENHANCEMENT OF SANCTIONS AGAINST IRAN Then they revoked the indication of month ago to talk to Bashar al-Assad Mr. President: There is no question that a willingness. That is still a possibility. about the possibility of a peace treaty. nuclear armed Iran poses a direct threat to the security of the U.S. and its allies, par- I had occasion to visit Vienna on two I believe Syria could hold the key to occasions—met with the International ticularly Israel. It is for this reason that pre- a peace in the Mideast. Only Israel venting such a situation remains a principal Atomic Energy Agency head, Mohamed could decide if Israel wants to give up ElBaradei—to discuss the activities he focus of mine. Although Iran claims that its the Golan, and they ought to make nuclear program is directed solely toward has undertaken. He is a very able, that decision without any pressure peaceful energy production, the fact that skilled international diplomat who re- from the United States or anyone. But this program has been conducted in secret cently left that position, which he held if Israel should make that decision, and that Iran is a known supporter of certain for years. But Mr. ElBaradei was very terrorist organizations betrays that asser- there could be a great deal gained in pessimistic as to what Iran was pre- tion. terms of having Syria stopping the de- pared to do and resisted efforts to have I have long been an advocate of the pro- stabilization of Lebanon, stopping the the kind of inspections which would posal, currently offered to Iran, to have Rus- support of Hamas, stopping the support sia enrich Iran’s uranium. If Iran’s interests give assurance. of Hezbollah. It is a different world with enrichment are benign, as it claims, I was very reluctant to see sanctions then it should have no problem with Russia imposed on Syria, in the hope that di- today than it was in 1967, when Israel took the Golan. It is an era of rockets. enriching the uranium to the low levels re- plomacy might work there, but did join quired for civilian nuclear power and med- in those efforts a few years back when It is not the same strategic impor- ical uses. Iran’s refusal suggests otherwise. the matter came up for a vote. tance. At an Appropriations Committee hearing on I had been trying to visit Iran per- But the point I make is, I think di- April 9, 2008, I questioned Secretary of State sonally since 1989, at the end of the plomacy is the way out. But sometimes Condoleezza Rice on this proposal: Iran-Iraq war, and in 1989 made my there has to be a carrot and a stick, Sen. Specter: ‘‘Let me move to . . . Presi- first trip to Iraq. In 1990, Senator SHEL- and I think we have come to the point dent Putin’s proposal to have the Russians enrich [Iran’s] uranium. That apparently BY and I had a talk with Saddam Hus- where sanctions do need to be imposed, would provide an answer. . . . To what ex- sein, and it was a very professional and that is why I have joined the ef- fort. I think the President has given tent has the Putin proposal been pressed? In conversation. Iraq, at that time, had a sense, if we join Putin and they refuse just launched a three-power rocket sys- fair notice to Iran that they come to what is really a good offer to have somebody tem, and I led the conversation by ask- the table by the end of the year, and we else enrich their uranium so that they have ing President Saddam Hussein if he are a little past that. it for peaceful purposes, but there is a check would be willing to negotiate with We, obviously, have problems with on using it for military purposes—why hasn’t Israel because they would take out his China on a number of fronts. We have that worked?’’ Sec. Rice: ‘‘Well, we are fully supportive of new weapons, just as they had taken problems on the Taiwan issue and our sale of arms to Taiwan. We have prob- it, and the president just told President out his reactor in June of 1981. He dis- Putin that again at Shchuchye, that he is missed it, saying: No, he wouldn’t ne- lems with them with respect to Tibet fully supportive of the Russian proposal. And gotiate with Israel; they weren’t a bor- and our issue of human rights. We have in fact, not only did President Putin himself der state. Then he asked me a question. very serious problems on trade, and we put that proposal to the Iranians when he He wanted to know why all the Russian have broader issues on human rights. was in Tehran, his foreign minister went Jews were going to Israel. I saw him China is emerging as a tremendous back within a few days and put the same shuffling some papers, and I knew he world power, and we are challenged at proposition to the Iranians, which makes every line, but I do believe the logic of people suspicious, Senator, that this is not knew I was Jewish. I wanted him to about civil nuclear power but rather about know I knew that he knew that I knew, the situation is, it is in China’s inter- the development of the capabilities for a nu- and so I said: My father was a Russian est not to have a nuclear Iran. clear weapon. . . . So I think this really Jew who immigrated to the United Our CODEL, after visiting in Syria, speaks to the intentions of the Iranians.’’ States, and I believe the Russian Jews went on to India and talked to Prime Sen. Specter: ‘‘Well, we agree on that. My ought to go wherever they want to go. Minister Singh, who was emphatic in suggestion would be to try to elevate it. It’s There was a 50,000 limit at the time on agreement that it is not in India’s in- been in the media and the press a little, but not very much. So if we could elevate that, Russian Jews who could come into the terest or the world’s interest to have an Iran which is armed with nuclear I think you’d really put Iran on the spot that United States. they deserve to be on.’’ weapons. So it is my hope the action In the course of an hour-and-a-quar- Then, in a May 20, 2009 Appropriations ter discussion, it was a substantive by the Senate, in voting for sanctions, Committee hearing, I questioned Secretary talk, and I came back and told a num- will increase the momentum for sanc- of State Hillary Clinton on the proposal: ber of my colleagues that I thought we tions from the United Nations. It can Sen. Specter: ‘‘Let me come to a question ought to have more discussions with only be done in an effective way if with respect to Iran. Prime Minister Saddam Hussein. I don’t know if any- China is persuaded to go along. Netanyahu was very pleased with the meet- thing could have deterred him from his Mr. President, I ask unanimous con- ing with President Obama, and the timetable aggression against Kuwait or his later sent to have printed in the RECORD my which the president has set, looking to the activities, but I have long been a be- full written statement and ask that the Iranian elections as the potential for dia- logue and holding out the possibility of bi- CONGRESSIONAL RECORD recite the lan- liever in the maxim that you make lateral dialogue, and I hope you will pursue peace with your enemies and not with guage I am using now. that, and putting a timetable for the first your friends. Usually, when summary is concluded time on not waiting indefinitely with all the In my work as chairman of the Intel- and the formal statement is put in the options on the table. And I speak in general- ligence Committee in the 104th Con- RECORD, it is changed. If anybody reads ities not to beat a tom-tom unnecessarily.

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‘‘The offer that the Russians made some however, considering Iran’s growing avowals WASHINGTON, DC, time ago to enrich the uranium, I think, has that it will not cooperate with the Inter- SEPTEMBER 17, 2003. never been pursued or publicized. Perhaps it national Atomic Energy Agency or allow for- His Excellency BASHAR AL-ASSAD, has been pursued, but not known and not eign countries to process its uranium, I President, Syrian Arab Republic, publicized. But that seems to me to be a per- think it is time to enhance sanctions. The Damascus, Syria. fect line. When Iran insists that they’re de- international community has offered Iran a DEAR PRESIDENT ASSAD: I write to inform veloping—enriching uranium for peaceful deal which is more than fair; Iran refuses to you of growing concern in the United States purposes and the Russians can provide for consent. We cannot make ourselves a tooth- Senate about Syria and the fact that the them, what conceivable excuse? When they less tiger. Syrian Accountability Act now has 76 co- resist something so obvious as that, it seems I did not come to my decision to support sponsors. I had discussed this proposed legis- that that would be a good wedge to get more the Comprehensive Iran Sanctions, Account- lation some time ago with your Ambassador cooperation from China, Russia and other ability, and Divestment Act of 2009 (S. 2799) to the United States. I had refrained from countries. What can be done to pursue Rus- lightly. During my tenure in the Senate, I co-sponsoring the Syrian Accountability Act sian enrichment of their uranium?’’ have been among Congress’ most ardent ad- on the premise that we should try to work Sec. Clinton: ‘‘Well, Senator Specter, that vocates for aggressive diplomacy, believing out the problems without resorting to legis- is an option that is being considered within it holds the key to resolving international lation calling for sanctions. Yesterday, Undersecretary of State John the P–5 plus one as well as within our own disputes. As I noted in my December 2006 ar- R. Bolton submitted testimony to the House deliberations. We have a broad range of ticle in The Washington Quarterly titled of Representatives’ International Relations issues to discuss with the Iranians if they re- ‘‘Dialogue with Adversaries’’: spond affirmatively to the president’s invita- Committee that Syria is permitting ‘‘volun- tion to do so. And obviously they are in the ‘‘My Senate assignments on the Intel- teers’’ to pass over your border into Iraq midst of election season. We know what that ligence Committee and Appropriations Sub- where those so-called volunteers are intent means. So it’s unlikely that we’ll get a re- committee on Foreign Operations have pro- on killing U.S. troops. This follows Adminis- sponse or a dialogue going until there is vided me the opportunity to meet with Syr- trator L. Paul Bremer’s statement on August some settling of the political scene. But your ian President Hafiz al-Asad, Palestinian 20th that Syria is allowing ‘‘foreign terror- reference to the enrichment potential is one Chairman Yasser Arafat, Iraqi President ists’’ to cross Syria’s borders into Iraq. When you met with Secretary of State that we are exploring.’’ Saddam Hussein, Cuban President Fidel Cas- tro, Venezuelan President Hugo Chavez, and Powell last May, there was an understanding Finally, on June 9, 2009, I raised the issue others. that Syria would shut Damascus offices of with Secretary of Defense Robert Gates at Hamas, Islamic Jihad and other terrorist an Appropriations Committee hearing: ‘‘Those meetings have shown me that peo- ple are people, even at the highest levels of groups. In June, Secretary Powell stated Sen. Specter: ‘‘Mr. Secretary, I was in- government. They are interested in a candid that Syria’s efforts to shut these offices were trigued with one of the points you made in dialogue. They accept differences and dis- ‘‘totally inadequate’’. The Bush Administra- testifying before the Appropriations Com- agreements as long as the tone is courteous. tion which had opposed the Syrian Account- mittee on the war supplemental, where you ... ability Act now is neutral, taking no posi- said that it would be useful in our dealings tion. ‘‘Sun-tzu’s advice to ‘keep your friends with Iran to have a missile defense that is After extensive dealings with your father, close and your enemies closer’ is a good ad- aimed only at Iran. President Hafez al-Assad, since the 1980s and ‘‘And that played into the relationship monition to keep in mind as we approach our with you on our meetings in the past several that we have with Russia, and it is generally relationships in the world. . . . It may not years, I have tried to assist in finding an- recognized that if we’re to be successful in work, but it is certainly worth a try when swers to these difficult problems. With the dealing with Iran, we’re going to have to the stakes are so high and our other stren- Syrian Accountability Act gaining so much have cooperation with other countries, per- uous efforts are not bearing fruit’’ (p. 9). support, it is my hope that your Government haps mostly Russia. We’ve talked before Diplomacy has produced some results will respond to the concerns outlined in this about the issue of having Russia enrich many thought impossible. Negotiations with letter before the U.S. Government resorts to Iran’s uranium, which Russia has offered to North Korea have reduced that nation’s nu- sanctions. do and Iran has declined, as a way of being clear threat although that situation remains I call these matters to your personal atten- sure that Iran is not moving toward the use volatile and uncertain. Negotiations have tion with the hope that prompt action can be of enriched uranium for military purposes. moved Libya’s Muammar Qaddafi, with taken by Syria to resolve these problems. ‘‘A two-part question. Number one, is any whom I met in August 2006, from horrendous The United States greatly appreciated the progress being made on publicizing Russia’s acts of terrorism, including the bombing of help that Syria provided to our intelligence offer, which I think has gotten scant—little Pan Am 103 and a Berlin discotheque, result- services after September 11, 2001 in our fight attention? And the Iranian refusal really ing in the murder of US military personnel, against al-Qaeda. shows—raises the inference of potential bad to a willingness to negotiate and reform. Sincerely, faith. Libya made reparations in excess of ARLEN SPECTER. ‘‘And secondly, where do we stand on ef- $1,000,000,000 and abandoned plans to design It is my hope that Congress’ passage of the forts to pick up your suggestion that missile nuclear weapons in order to be admitted to Comprehensive Iran Sanctions, Account- defense be aimed only at Iran and not at the family of nations. ability, and Divestment Act would effect Russia, which has given so many political This is not the first time I have supported change in Tehran before the implementation problems?’’ sanctions in the region. On November 11, of additional sanctions would be necessary, Sec. Gates: ‘‘First, I think that although 2003, I voted for a the Syria Accountability as sanctions invariably impact more people it’s certainly not been a secret, it has not and Lebanese Sovereignty Restoration Act, a than just the leaders responsible for shaping been, I think, widely enough publicized— bill to impose sanctions on Syria to hold Da- a country’s policy. Russia’s offer and Iran’s turn-down of it. And mascus accountable for its support for ter- During my time in the Senate, I have I think equally not publicized was the fact rorism, its occupation of Lebanon, its illegal pushed hard to engage Iran diplomatically. I that the United States indicated that we shipment of arms to Iraq, and its efforts to have tried to visit Iran since the Iran-Iraq thought that was a pretty good idea and develop weapons of mass destruction. The War ended in 1988, with my first attempts would be supportive. bill became law in December 2003. Regarding coming during my visits to Iraq in January ‘‘With respect to the missile defense, I my vote, I said on the Senate floor on No- 1989 and January 1990, but I have not yet suc- think that the Russian—I still have hope vember 11, 2003: ceeded. Going back to 2000, I have met re- that we can get the Russians to partner with peatedly with Iranian officials in an effort to us on missile defense directed against Iran.’’ ‘‘Sanctions are imposed by Congress with foster an exchange of visits by members of some frequency. At first blush, this appears But, in remarks reported by the New York Congress to Iran and Iranian parliamentar- to be a straightforward affirmative vote, but Times on November 18, 2009, Iran’s foreign ians to the United States to try to open dia- I believe the matter is more complicated minister, Manouchehr Mottaki, said ‘‘We logue between our two countries. On May 11, than that, and I have come to the view after will definitely not send our 3.5–percent-en- 2000, I joined nine other senators in writing having traveled to Syria almost every year riched uranium out of the country.’’ Then, to Iranian Ambassador Hadi Nejad since 1984, and after having had considerable on December 2, 2009, the New York Times re- Hosseinian proposing such an exchange (at- contact with the Syrian Government. After ported that Iran’s president, Mahmoud tached). I followed this with a meeting with considering the matter at some length, I Ahmadinejad, said on December 1, ‘‘Friendly Ambassador Hosseinian on May 31, 2000. On have decided that I will vote in favor of the relations with the [International Atomic En- October 17, 2001, I hosted Ambassador Syrian Accountability Act because the prob- ergy Agency] are over,’’ and that Iran has no Hosseinian in my Senate hideaway with Sen- lems of terrorism are so serious and because duty to report to the United Nations about ator Mike DeWine, former Representative I believe that Syria needs to do more’’ (p. its recently announced plan to build 10 new Lee Hamilton, Ambassador William Miller, S14403). nuclear sites. and Representative Bob Ney. On November To this point I have resisted calling for in- Prior to my vote on the Syrian Account- 18, 2002, I had lunch with Ambassador Zarif creased sanctions because I did not think it ability Act, I wrote to Syrian President at the Wilson Center at an event hosted by constructive given the diplomatic climate; Bashar al-Assad on September 17, 2003: former Representative Lee Hamilton.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S428 CONGRESSIONAL RECORD — SENATE February 2, 2010 As I wrote in the Washington Quarterly in on states-parties to the nuclear Non- the regime had to engage in foreign commer- December 2006, ‘‘I thought my efforts finally proliferation Treaty (NPT) only use nuclear cial transactions. For a country like Iran came to fruition in January 2004 when plans materials and facilities only for peaceful that depends so heavily on oil exports, simi- were made for U.S. members of Congress to purposes. He stated that the Protocol gives lar actions against the companies that in- meet with Iranian parliamentarians in Gene- him a good handle on Iran’s nuclear program sure outgoing shipments from Iran could va. Unfortunately, Tehran later rescinded in that it provides access to additional facili- have a devastating economic impact.’’ the invitation, declaring it was ‘not on their ties and information’’ (p. S74). On July 22, 2009, Patrick Clawson of the agenda’ ’’ (p. 10). I met in New York City Following up on this conversation, I spoke Washington Institute for Near East Policy with Ambassador Hosseinian’s successor, with Mr. ElBaradei over the phone when I told the House Committee on Foreign Af- Ambassador Javad Zarif, in October 2006 and was in Vienna in January 2009, again fol- fairs: February 2007. On May 3, 2007, I joined eight lowing travels in the Middle East. On Janu- ‘‘For several years, Iran’s economy was colleagues in Congress writing to Gholam Ali ary 12, 2009, I said on the Senate floor: cushioned from foreign pressure by the high Haddad Adel, then the speaker of Iran’s par- ‘‘A year ago, I had an opportunity to meet price of oil. That has changed as oil prices liament, to propose again ‘‘a diplomatic ex- with IAEA Director Mohamed ElBaradei. He have declined and Tehran’s poor policies change between members of the United was out of town when we were there [in 2009]. have exacerbated serious structural weak- States Congress and Parliamentarians from I had a conversation with him by telephone nesses. The most likely prospect is that dur- the Islamic Republic of Iran’’ (attached). I on the issue of the efforts by the IAEA to ing the next few years, Iran’s economy will followed this with a personal letter to Aya- conduct the inspections and that at the mo- face serious problems. Foreign economic tollah Khamenei on October 16, 2007 (at- ment Iran is not cooperating and, further, pressure could add to those problems. Fur- tached). Again, the offer was rebuffed (at- international action needs to be taken to be thermore, Iranian public opinion is likely to tached). My efforts to facilitate engagement sure Iran does meet its obligations under exaggerate the impact of the foreign pres- continued with meetings with the current international agreements and that there are sure and to blame the Ahmadinejad govern- Iranian ambassador to the UN, Mohammed adequate safeguards to prevent Iran from de- ment’s hardline stance for the country’s eco- Khazaee, in February and December 2008. veloping a nuclear weapon.’’ nomic difficulties’’ (1). On January 2, 2008, I traveled to the head- On November 26, 2009, shortly before step- ‘‘[T]here is every reason to expect public quarters of the International Atomic Energy ping down from his position at the IAEA, Mr. opinion to lay the blame for the economic Agency in Vienna with IAEA Director Gen- ElBaradei said, ‘‘I am disappointed that Iran problems on the Ahmadinejad government. eral Mohamad ElBaradei to discuss the Ira- so far has not agreed’’ to proposals to ship Already, reform politicians blame that gov- nian issue. On January 22, 2008 I discussed nuclear material out of Iran, ‘‘[W]hich I be- ernment for isolating Iran from the world. If my meeting with Mr. ElBaradei on the Sen- lieve are balanced and fair and would greatly Iran is forced to reduce imports substan- ate floor: alleviate the concerns relating to Iran’s nu- tially, the most likely popular reaction will ‘‘When solicited about his views on Presi- clear program’’ (Reuters, 11/26/09). be to blame hardliners for the problems.’’ (6). dent Putin’s idea to have Russia handle Our offers of diplomatic engagement, and ‘‘Foreign pressure cannot cause Iran’s Iran’s nuclear material, he stated that Iran the limited United Nations sanctions en- economy to collapse, nor should that be our did not reject it but that they wanted their acted to date, have not ended Iran’s nuclear goal. But such pressure may well be able to own capability. He suggested that an accept- ambitions. I voted on September 26, 2007 in contribute to what is becoming an intense able security structure must be negotiated favor of an amendment to the Fiscal Year debate inside Iran about the wisdom of a with Iran to deter them. The [Director Gen- 2008 Department of Defense Authorization confrontational and isolationist policy to- eral] agreed that it is not acceptable for Iran Bill to encourage the U.S. State Department wards the international community. That to have nuclear weapons and that his job was to place the Islamic Revolutionary Guards debate offers the best prospect for a fruitful to verify that the program is clean and under Corps on its list of foreign terrorist organiza- resolution of the nuclear impasse, because IAEA inspections. tions, as well as to expedite the enforcement those who want Iran to join the world are ‘‘I pressed him on Iran’s devious behavior of U.N. Sanctions mandated by December not willing to pay a high price for a nuclear in the past to conceal nuclear efforts and 2006 and March 2007 United Sanctions Secu- program which they increasingly see as part asked if we can ever be 100 percent sure. He rity Council Resolutions, in the hope that of the Ahmadinejad agenda, not part of a na- stated that you can never be 100 positive but this could bring about positive change. Un- tional project’’ (6). that he thinks Iran has things to tell him fortunately these efforts have not done We must be careful with sanctions so as to and that he has told them they should come enough, and for that reason, with the desire not play into the hands of the Iranian leader- clean. to avoid greater military conflict in the Mid- ship, who would very much like to blame ‘‘The Director General suggested that di- dle East, I think more comprehensive sanc- Iran’s current economic struggles on the rect U.S.-Iranian negotiations should begin tions are necessary. West. As the Economist noted on December immediately to resolve the impasse. The If any sanctions are to be effective, they 5, 2009, ‘‘ . . . Mr. Ahmadinejad is just now U.S. and international community need to will need to be supported by the other per- having to contemplate ending ruinous petrol understand what the nuclear issue means to manent members of the UN Security Coun- subsidies to balance his books and would be Iran with respect to its position in the re- cil, particularly Russia and China. While delighted to blame the pain on foreigners gion and the world, that there needs to be an ‘‘Neither [Russia nor China] thinks Iran’s . . . [A] UN-backed embargo on investment understanding of the repercussions and that missiles are aimed at them,’’ as the Econo- in Iran’s oil and gas industries would hurt it must be done in a manner that allows all mist noted in a December 5, 2009 editorial, badly, and signal resolve. So would a ban on sides to save face. both would suffer from the instability that a weapons imports. And Iran’s repeated breach ‘‘We discussed Secretary Rice’s pre- nuclear armed Iran would bring about. The of nuclear safeguards is surely justification condition that the U.S. would only meet Economist editorial concluded, ‘‘Do nothing for ending nuclear trade with its regime.’’ with Iran if they halt enrichment. He said to give Iran pause and one way or another its Time to find a diplomatic solution is run- there must be middle ground to bring the illicit ambitions will eventually destabilize ning out. On September 25, 2009, United King- parties together on this issue. He emphasized the entire Middle East.’’ dom Prime Minister Gordon Brown said, that sanctions alone won’t resolve the situa- It is important that the next round of ‘‘Confronted by the serial deception of many tion and only makes people more hawkish. sanctions be measured. As RAND scholar years, the international community has no Iran’s concealment of its [research and de- Alireza Nader noted in a September 30, 2009 choice today but to draw a line in the sand.’’ velopment] program, according to the Direc- paper, ‘‘Additional sanctions may create On the same day, President Barack Obama tor, led to a confidence deficit in the inter- popular resentment against the government, said, ‘‘We weren’t going to duplicate what national community. and may even increase protests and opposi- has happened in North Korea, in which talks ‘‘I asked about the capabilities of an in- tion stemming from Iran’s disputed presi- just continue forever without any actual res- spection regime given Iran’s substantial size. dential election.’’ The New York Times high- olution to the issue.’’ ‘‘[T]he Iranian govern- He confirmed the need to have a robust lighted this dissent on December 8, 2009 when ment,’’ President Obama said, ‘‘must now verification system on the ground. it ran a headline stating, ‘‘Thousands Defy demonstrate through deeds its peaceful in- [El]Baradei stated that the Additional Pro- Iranian Authorities in Protests and Clashes tentions or be held accountable to inter- tocol to the Nuclear Non-Proliferation Trea- at Campuses.’’ Edward Alden, a trade expert national standards and international law.’’ ty (NPT) was helpful but that Iran stopped at the Council on Foreign Relations, told Po- On November 30, 2009, United States Am- implementing it. The Additional Protocol litico on September 29, 2009: bassador to the United Nations, Susan Rice, was the result of an IAEA initiative to bet- ‘‘A coordinated sanctions effort by the U.S. told reporters: ter constrain NPT member-states’ ability to and Europe could put tremendous pressure ‘‘There has been an engagement track illicitly pursue nuclear weapons after secret on Iran. After 9/11, the Treasury developed which we have been very actively engaged in, nuclear weapons programs in Iraq and North new tools that forced banks and other finan- but there is also a pressure track. And as Korea exposed weaknesses in existing agency cial companies around the world to cut ties Iran makes choices that seem to indicate safeguards. That effort eventually produced to charities that were deemed to be sup- that it is not at this stage ready and willing a voluntary Additional Protocol, designed to porting terrorist groups. Those same tools to take up the offers on the engagement strengthen and expand existing IAEA safe- were turned against North Korea in 2005, ef- track then we will put greater emphasis on guards for verifying that non-nuclear-weap- fectively cutting off what little capability the pressure track. Time is short, and we are

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S429 serious about implementing to the fullest ex- Earth, even if it is from our greatest friend.’’ Mr. CASEY. Mr. President, I ask tent that dual track policy.’’ According to a December 11, 2007 New York unanimous consent that the order for ‘‘We will continue . . . to consult with our Times article, ‘‘Israeli intelligence estimates the quorum call be rescinded. P5 + 1 colleagues both in capitals and else- say Iran stopped all its nuclear weapons ac- The PRESIDING OFFICER. Without where. I think the President and other lead- tivities for a time in 2003, nervous after the ers have been quite clear that we would take American invasion of Iraq, but then resumed objection, it is so ordered. stock at the end of the year and see where we those activities in 2005, accelerating enrich- JOB LOSS are. And I think as the indications mount ment and ballistic missile development and Mr. CASEY. Mr. President, I rise to that Iran is not yet in a position to take up constructing a 40–megawatt heavy-water re- speak about job loss in the United the very concrete and constructive offers actor in Arak that could produce pluto- States but in particular some of the in- that have been put to it by the P5+1 and by nium.’’ the IAEA, it seems more likely that we will According to a December 5, 2009 article in dividuals—the real people and real be on the pressure track, even as the door re- the Economist, ‘‘Last year Israel carried out families—across our State whom I have mains open to Iran to accept those offers.’’ a long-distance military air exercise over met in the last couple weeks and who On December 7, 2009, Israeli Prime Minister Greece that looked like a rehearsal for ac- have told some of their stories about Binyamin Netanyahu told members of the tion in Iran. In June [2009] a missile-carrying how they are struggling in this reces- Knesset, ‘‘In the last year, two things have Israeli submarine ostentatiously sailed sion. happened: Iran has advanced its military nu- through the Suez Canal.’’ These military ex- Unfortunately, just in terms of num- clear program, and Iran has lost its legit- ercises, coupled with Israel’s public disagree- bers, they have not gotten better in our ment with the US over intelligence esti- imacy in the eyes of the international com- State. We went a long period of time, munity,’’ adding that preventing Iran from mates on Iran’s nuclear program and Prime securing a nuclear arsenal was Israel’s ‘‘cen- Minister Netanyahu’s recent public com- when at least as a percentage of those tral problem,’’ according to a December 8, ments, show that Israel’s security calculus who were out of work, we were fortu- 2009 article in the Jerusalem Post. differs from our own. Time to find a diplo- nately in the bottom tier or in the mid- Israel did not agree with the 2007 US Na- matic solution is running short; Israel—like dle. At least we didn’t have double- tional Intelligence Estimate on Iran’s nu- every other nation—will act in defense of digit unemployment. That is changing, clear program which concluded that Iran what it sees to be its own best interests. to a large extent. We are not in the 10 halted its nuclear weapons program in 2003. Iran’s continued nuclear program is a tick- ing time bomb. All parties—Iran included— percent number that most of the coun- The New York Times noted on December 5, try is, but we are at about 8.9 percent 2007 that then Israeli Defense Minister Ehud will benefit from its end. On this state of the Barak rejected the American assessment of record, enhanced sanctions, with the goal of right now. We got some regional num- ‘‘moderate confidence’’ that Tehran had not ending Iran’s nuclear program and pre- bers today. Our State is divided into 14 restarted its nuclear weapons program by venting wider conflict in the Middle East, labor markets and, unfortunately, in mid–2007 and that the end of the program are our best option. almost every one of them, that number ‘‘represents a halt to Iran’s entire nuclear Mr. SPECTER. Mr. President, I yield keeps going up. weapons program.’’ Defense Minister Barak the floor, and in the absence of any Mr. President, I ask unanimous con- said, ‘‘It is our responsibility to ensure that other Senator seeking recognition, I sent to have printed in the RECORD a the right steps are taken against the Iranian suggest the absence of a quorum. two-page summary of the unemploy- regime.’’ ‘‘As is well known, words don’t stop missiles,’’ he continued. Assessments may The PRESIDING OFFICER. The ment data from Pennsylvania. differ, Mr. Barak said, ‘‘but we cannot allow clerk will call the roll. There being no objection, the mate- ourselves to rest just because of an intel- The legislative clerk proceeded to rial was ordered to be printed in the ligence report from the other side of the call the roll. RECORD, as follows: REGIONAL LABOR MARKET DATA [Seasonally Adjusted—December 2009]

Rate Labor force Employment Unemployment (percent)

United States (Civilian—Dec 2009) ...... 154,235,000 139,339,000 14,895,000 10.01 Pennsylvania (Dec 2009) ...... 6,310,100 5,750,600 559,500 8.9 Allentown-Bethlehem-Easton-NJ (Carbon, Lehigh, Northampton plus Warren County, NJ) ...... 416,100 375,300 40,700 9.8 (+.5) Altoona (Blair) ...... 63,400 58,400 5,000 7.9 (+.3) Erie (Erie) ...... 138,000 124,200 13,800 10 (+.6) Harrisburg-Carlisle (Cumberland, Dauphin, Perry) ...... 280,500 258,200 22,300 7.9 (+.4) Johnstown (Cambria) ...... 67,700 61,300 6,400 9.4 (+.3) Lancaster (Lancaster) ...... 262,400 242,200 20,200 7.7 (+.2) Lebanon (Lebanon) ...... 70,200 65,200 5,000 7.1 (+.1) Philadelphia Metro (Not full MSA; excludes non-PA; Bucks, Chester, Delaware, Montgomery, Philadelphia) ...... 1,945,200 1,781,100 164,100 8.5 (+.1) Pittsburgh (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, Westmoreland) ...... 1,199,600 1,104,100 95,300 7.9 Reading (Berks) ...... 199,900 181,100 18,800 9.4 (+.3) Scranton/W-B (Lackawanna, Luzerne, Wyoming) ...... 278,800 251,700 27,100 9.7 (+.3) State College (Centre) ...... 74,200 69,700 4,500 6.0 (+.1) Williamsport (Lycoming) ...... 53,900 53,100 5,800 9.8 (+.6) York-Hanover (York) ...... 224,000 204,200 19,800 8.9 (+.3) Philadelphia ...... 624,800 556,800 67,900 10.9 Pittsburgh (not seasonally-adjusted) ...... 151,100 139,000 11,100 7.4 (¥.1) Allegheny County ...... 628,600 581,500 47,100 7.5 (+.1) Lackawanna County ...... 105,900 96,100 9,800 9.2 (+.2) Luzerne County ...... 158,700 142,700 16,000 10.1 (+.4) Lehigh County ...... 174,700 157,800 16,800 9.6 (+.2) Dauphin County ...... 134,300 123,300 10,700 8.0 (+.2)

Mr. CASEY. Mr. President, I will cent, with some 40,700 people out of minutes—but also to try to understand highlight one or two regions to give a work. In my home area of northeastern as best we can from the distance of sense of the gravity of the problem. Pennsylvania—north of the Lehigh Washington, but even when you are, as In southeastern Pennsylvania, we Valley—we received reports today of I was, sitting in the same room more have two major regions that have had the job market going up to 9.7 percent than a week ago with eight of our un- very strong economies over time. The unemployment, the highest in 17 years. employed Pennsylvanians. I will just Philadelphia metropolitan region—the You could go across the State and hear give two examples. city of Philadelphia—and the suburban the same story. counties have done well economically, So the numbers are going higher. Of One individual sitting right across but that number is going up. The total course, that means the challenges, the from me, his name was Ron. He was number of unemployed is over 164,000 misery, and the heartache for those laid off last April. He is 61 years old. Pennsylvanians in that corner of the who have lost their jobs are only ris- His was one of the most compelling State. That is about 5 counties—164,000 ing. stories in terms of where he was with a people. We have to meet that challenge. Part job and where he is today. Before he Just above that and north of that in of meeting that challenge is not just was laid off, he managed a staff of 12 the Lehigh Valley—the Allentown, addressing it in terms of policy—I will people. Over the course of his long and Bethlehem region—they are at 9.8 per- talk about that tonight for a couple of successful career, he worked in various

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S430 CONGRESSIONAL RECORD — SENATE February 2, 2010 management positions, at inter- their own. They are working and strug- of how legislation is given a price or a national trade groups, manufacturing gling, leading lives of tremendous score or a number, so to speak. The facilities, and rental companies. struggle and sacrifice and heartache, Congressional Budget Office has said During my conversation with Ron, he but they are not complaining. They are that a tax credit based upon an in- talked about his fear that his wide ex- determined to get a job. They are fill- crease in payroll would have the great- perience seemed to be working against ing out scores and scores of applica- est positive impact on America’s gross him in this labor market. Ron was tions—sometimes being rejected for- domestic product and employment, earning more than $100,000 before he mally and sometimes hearing nothing when compared to other job creation was laid off. Today he and his wife are at all. That is the life they are leading. strategies. currently getting by with her earnings I think the President’s visit and I believe Congress should pass a job in a clerical job and his unemployment other visits by some of us in the Senate creation tax credit to reduce up-front compensation, which amounts to just are confirming that sense of deter- labor costs. This credit could provide $40,000. In his life it is a $100,000 income mination, that sense of gratitude they for one small business, just one busi- versus now a $40,000 income. have that there are programs to help ness alone, a 20-percent job creation I also met Annetta. She was just on them while they are unemployed, but tax credit. my right as we were talking to these also a tremendous resilience and abil- Other economists across the board, eight individuals. She had a lot of en- ity to live and work through this strug- the Economic Policy Institute as well ergy and vigor. You could tell she was gle. as others, have estimated that a job a very good employee. She worked for What do we do? We could cite their creation tax credit would create ap- a retirement home until she was laid cases and say how much we hope their proximately 40 percent more jobs than off. Annetta has been using her time to prospects will improve. We could con- other proposals. study to be a CNA, certified nurses tinue to enlarge and expand, as we Finally, I would make a point about aide, through the Yorktown School of must and we should, a safety net. We how it works. Sometimes we pass legis- Technology. In order to obtain her cer- could pass other legislation. But I lation around here and we do not often tification, Annetta had to pay for a think one of the best ways to jump- think about how it works in the real final exam and a physical. She didn’t start job creation is to provide signifi- world—the real world of being an em- have the money to up-front the costs of cant tax incentives to employers, lots ployer, the real world of hiring people those tests and thus could not obtain of employers out there who want to and making ends meet, meeting your her certified nurses assistant certifi- hire, who want to invest in their busi- bottom line, getting your product out cation. ness, who want to maybe move people the door, all of the real-world chal- According to Annetta, the most frus- up who have done a good job and in- lenges our employers face. trating part of her situation is that she crease their payroll in that way—but The way this would work is, every has the experience of a certified nurse especially to hire more people, to hire employer is familiar with what the IRS from a previous employer who did not folks who are out of work. calls form 941. It is just one of many require formal certification. But I was I believe the best way to do that, not forms we hear about. But all we would particularly touched by her comments the only way but the best way, is to need to do, if we pass this tax credit, is that, as a single person, Annetta fears pass legislation like the bill I intro- to have a line or two added to that having no one to fall back on in these duced yesterday, the Small Business form. The employer would fill it out tough times. Also, her embarrassment. Job Creation Tax Credit Act. It is rath- quarterly and see it right in front of We would always say to her or anyone er simple, but I think the impact of it him. He wouldn’t have to hire a team in this situation: You shouldn’t be em- could be substantial—a very substan- of lawyers or tax accountants or other barrassed. You are in a very difficult tial number of jobs created. What this experts, he would just fill that in and situation. You have lost a job through act does is provide a nonrefundable be eligible and receive the credit. no fault of your own. quarterly payroll tax credit based upon It is vitally important that we take But, of course, that is not the way an increase in the employer’s wages these steps for people such as Ron, she sees it in terms of what she feels in that are paid. It would be a 1-year bill. whom I spoke of before, and others as her heart. She does feel a sense of em- It would be in effect for 1 year so it is well, such as Annetta and those indi- barrassment over having to turn to very targeted in terms of the time. The viduals I have met. I know the Pre- churches for food. That is why we have credit would apply to an employee’s siding Officer has met individuals in an increase in food stamps. We legis- wages up to the Social Security base of the State of Colorado and across our late to do that because it is not only $106,800—that would be the limit of country who are facing similar chal- good for that individual, taxpayers what you could count for the tax cred- lenges. have an added economic benefit from it. If you had fewer than 100 employees, Especially when we see more and an increase in food stamps and an in- you would get a 20-percent credit; more more the rise in these job loss indica- crease in unemployment insurance, than 100 employees, 15 percent. tors, to have headline after headline just to name two examples. We know as we have heard today and say: Highest job loss in 17 Years, high- What strikes me most about the sto- on so many other occasions that the est job loss in 20, in 23, in 25 years— ries that each of these individuals told, driver of our economy tends to be al- these are just headlines I have seen but in particular as I cite them to- most overwhelmingly small business. over the last couple of weeks in Penn- night, Ron and Annetta, they are look- In Pennsylvania, if you look at a 3-year sylvania. To see that, it is not enough ing for work in the worst job market in period from 2003 to 2006, small busi- to say we will weather the storm and modern times, but they speak very nesses accounted for more than 91 per- we will try to provide a safety net. We candidly about their fears. But mostly cent of the job creation. So we know have to have a safety net, but I believe they talk about the incredible efforts that by giving small businesses a 20- we have to have very targeted and fo- they have made to get back to work. percent tax credit for those with under cused strategies that are not theo- I know the Presiding Officer would 100 employees, that can have a substan- retical. remember the presentation that Presi- tial benefit for those employers, obvi- We know this will work. We have dent Obama made to us in December, ously, for those who can obtain work, prior evidence and experience with it. on a Sunday. We were meeting in a and I think in a larger way our econ- We need to pass the Job Creation Tax caucus about health care and he came omy. We put a limit on the credit. One Credit to jump-start the creation of over to talk to us. He talked about company could not have more than $1⁄2 jobs this year, in 2010, in the next cou- meeting individuals who were out of million by way of a credit. You would ple of months and throughout the year. work in another part of Pennsylvania, basically compare one quarter in 2010, Mr. President, I yield the floor and in Allentown, at a job site. What he for example, versus that corresponding suggest the absence of a quorum. said in early December was very simi- quarter in 2009. The PRESIDING OFFICER. The lar to what I heard in late January, We know one of the referees around clerk will call the roll. and that is these are individuals who here is the Congressional Budget Of- The assistant legislative clerk pro- are out of work through no fault of fice, maybe the main referee, in terms ceeded to call the roll.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S431 Mr. CASEY. Mr. President, I ask IN THE AIR FORCE To be lieutenant general unanimous consent that the order for The following named officer for appoint- Brig. Gen. Richard C. Harding the quorum call be rescinded. ment in the United States Air Force to the The following Air National Guard of the The PRESIDING OFFICER. Without grade indicated under title 10, U.S.C., section United States officers for appointment in the objection, it is so ordered. 624: Reserve of the Air Force to the grades indi- ORDER OF PROCEDURE To be brigadier general cated under title 10, U.S.C., sections 12203 Mr. CASEY. Mr. President, I ask Col. Kory G. Cornum and 12212: unanimous consent that on Thursday, The following named officer for appoint- To be major general February 4, after the opening of the ment in the Reserve of the Air Force to the Brigadier General Samuel C. Heady Senate and the Senate proceeds to ex- grade indicated under title 10, U.S.C., section Brigadier General William E. Hudson ecutive session and resumes consider- 12203: Brigadier General Gary T. Magonigle ation of Calendar No. 474, the nomina- To be major general Brigadier General James M. McCormack Brigadier General Alex D. Roberts Brig. Gen. Carol A. Lee tion of Patricia Smith to be Solicitor Brigadier General Gregory J. Schwab of the Department of Labor, all The following named officers for appoint- To be brigadier general postcloture time be considered expired ment in the Reserve of the Air Force to the except for 20 minutes, with that time grade indicated under title 10, U.S.C., section Colonel Carl F. Bess, Jr. equally divided and controlled between 12203: Colonel Gregory J. Biernacki Colonel James C. Blaydon To be major general Senators HARKIN and ENZI or their des- Colonel Francis X. Carillo ignees; that upon the use or yielding Brigadier General Eric W. Crabtree Colonel Deborah L. Carter back of time, the Senate then proceed Brigadier General Wallace W. Farris, Jr. Colonel Robert F. Cayton to a vote on confirmation of the nomi- Brigadier General Craig N. Gourley Colonel William J. Crisler, Jr. nation; that upon confirmation, the Brigadier General David S. Post Colonel Gregory L. Ferguson motion to reconsider be considered Brigadier General Donald C. Ralph Colonel James E. Fredregill made and laid upon the table, no fur- Brigadier General Jon R. Shasteen Colonel Anthony P. German Brigadier General Richard A. Shook, Jr. ther motions be in order, and the Presi- Colonel Ann M. Greenlee Brigadier General James N. Stewart Colonel Mark D. Hammond dent be immediately notified of the Brigadier General Lance D. Undhjem Senate’s action; that there be 2 hours Colonel Richard N. Harris, Jr. The following named officer for appoint- Colonel Mark E. Jannitto of debate prior to a cloture vote with ment in the Reserve of the Air Force to the Colonel Larry R. Kauffman respect to Calendar No. 188, the nomi- grade indicated under title 10, U.S.C., section Colonel Jon K. Kelk nation of Martha Johnson to be Admin- 12203: Colonel David T. Kelly istrator of the GSA, with the time To be brigadier general Colonel John E. Kent Colonel Donald M. Lagor equally divided and controlled between Col. Dixie A. Morrow the leaders or their designees; that Colonel Michael E. Loh The following named officer for appoint- upon the use of time, the Senate then Colonel Constance C. McNabb ment in the Reserve of the Air Force to the Colonel Clayton W. Moushon proceed to a vote on the motion to in- grade indicated under title 10, U.S.C., section voke cloture on the nomination; that if Colonel Phillip E. Murdock 12203: Colonel John E. Murphy cloture is invoked, all postcloture time To be brigadier general Colonel Gerald E. Otterbein be yielded back and the Senate then Col. Paul S. Dwan Colonel Martin J. Park immediately vote on confirmation of The following named officers for appoint- Colonel Nicholas S. Rantis the nomination; that upon confirma- ment in the United States Air Force to the Colonel Robert L. Shannon, Jr. tion, the motion to reconsider be con- grade indicated under title 10, U.S.C., section Colonel Cassie A. Strom sidered made and laid upon the table, 624: Colonel Gregory N. Stroud Colonel Thomas A. Thomas, Jr. no further motions be in order, the To be brigadier general Colonel Carol A. Timmons President be immediately notified of Col. Daniel B. Fincher the Senate’s action, and the Senate Colonel Steven J. Verhelst Col. David C. Wesley Colonel Tony L. West then resume legislative session. The following named officers for appoint- Colonel Robert S. Williams The PRESIDING OFFICER. Without ment in the Reserve of the Air Force to the Colonel Michael A. Webbema objection, it is so ordered. grade indicated under title 10, U.S.C., section IN THE ARMY f 12203: The following named officer for appoint- EXECUTIVE SESSION To be brigadier general ment in the United States Army to the grade Colonel Gary C. Blaszkiewicz indicated under title 10, U.S.C., section 624: Colonel Arthur C. Haubold To be major general EXECUTIVE CALENDAR Colonel Michael D. Kim Brig. Gen. Mary A. Legere Colonel Linda S. Marchione The following named officer for appoint- Mr. CASEY. I ask unanimous consent Colonel Richard O. Middleton, II that the Senate proceed en bloc to Ex- ment in the United States Army to the grade Colonel Robert N. Polumbo indicated while assigned to a position of im- ecutive Calendar Nos. 654, 661, 667, to Colonel Jane C. Rohr and including 685, and all nominations portance and responsibility under title 10, Colonel Patricia A. Rose U.S.C., section 601: on the Secretary’s desk in the Air Colonel Peter Sefcik, Jr. Force, Army, Marine Corps, and Navy; Colonel James F. Smith To be lieutenant general that the nominations be confirmed en Colonel Edmund D. Walker Maj. Gen. Thomas P. Bostick bloc, the motions to reconsider be laid Colonel William O. Welch The following named officer for appoint- upon the table en bloc; that no further The following named officer for appoint- ment in the United States Army to the grade ment as Deputy Judge Advocate General of indicated while assigned to a position of im- motions be in order; that any state- portance and responsibility under title 10, ments relating to the nominations be the Air Force and appointment in the United States Air Force to the grade indicated U.S.C., section 601: printed in the RECORD; that the Presi- under title 10, U.S.C., section 8037: To be lieutenant general dent be immediately notified of the To be major general Maj. Gen. Robert L. Caslen, Jr. Senate’s action and the Senate resume The following named officer for appoint- legislative session. Brig. Gen. Steven J. Lepper The following named officer for appoint- ment in the Reserve of the Army to the The PRESIDING OFFICER. Without grade indicated under title 10, U.S.C., section objection, it is so ordered. ment in the United States Air Force to the grade indicated under title 10, U.S.C., section 12203: The nominations considered and con- To be major general firmed en bloc are as follows: 8081: To be major general Brig. Gen. Steven W. Smith DEPARTMENT OF JUSTICE The following named officer for appoint- Robert William Heun, of Alaska, to be Col. Gerard A. Caron ment in the Reserve of the Army to the United States Marshal for the District of The following named officer for appoint- grade indicated under title 10, U.S.C., section Alaska for the term of four years. ment in the United States Air Force to the Willie Lee Richardson, Jr., of Georgia, to grade indicated and for appointment as the 12203: be United States Marshal for the Middle Dis- Judge Advocate General of the Air Force To be major general trict of Georgia for the term of four years. under title 10, U.S.C., section 8037: Brig. Gen. William D. Frink, Jr.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S432 CONGRESSIONAL RECORD — SENATE February 2, 2010 The following named officers for appoint- ETHAN EVERETT ZIMMERMAN, which appeared in the Congressional Record of De- ment to the grade indicated in the United nominations were received by the Senate and cember 15, 2009. States Army under title 10, U.S.C., section appeared in the Congressional Record of De- PN1294 ARMY nominations (2) beginning 624: cember 11, 2009. WALTER COFFEY, and ending RUSSELL P. To be brigadier general PN1290 AIR FORCE nomination of Law- REITER, which nominations were received rence W. Steinkraus Jr., which was received by the Senate and appeared in the Congres- Colonel Jeffrey N. Colt by the Senate and appeared in the Congres- sional Record of December 15, 2009. Colonel Peter A. Deluca sional Record of December 15, 2009. PN1295 ARMY nominations (4) beginning Colonel Robert M. Dyess, Jr. PN1291 AIR FORCE nominations (4) begin- DEAN A. AMBROSE, and ending JOHN W. Colonel Donald M. MacWillie ning KRISTI L. JONES, and ending BRUNO TROGDON, which nominations were received IN THE NAVY A. SCHMITZ, which nominations were re- by the Senate and appeared in the Congres- The following named officers for appoint- ceived by the Senate and appeared in the sional Record of December 15, 2009. ment in the United States Navy Reserve to Congressional Record of December 15, 2009. PN1296 ARMY nominations (6) beginning the grade indicated under title 10, U.S.C., PN1292 AIR FORCE nominations (3) begin- PATRICK R. BOSSETTA, and ending JOHN section 12203: ning RAYMOND KING, and ending BERN- R. WHITFORD, which nominations were re- To be rear admiral (lower half) HARD K. STEPKE, which nominations were ceived by the Senate and appeared in the Congressional Record of December 15, 2009. Captain Douglas J. Asbjornsen received by the Senate and appeared in the PN1394 ARMY nomination of Bess J. Captain Charles K. Carodine Congressional Record of December 15, 2009. Pierce, which was received by the Senate and Captain Anatolio B. Cruz, III PN1317 AIR FORCE nominations (92) begin- appeared in the Congressional Record of Jan- Captain John E. Jolliffe ning FRANK R. AFLAGUE, and ending WIL- uary 21, 2010. Captain Robert J. Kamensky LIAM T. YATES, which nominations were received by the Senate and appeared in the PN1395 ARMY nominations (2) beginning the following named officer for appoint- Congressional Record of December 21, 2009. JANINE G. ALLBRITTON, and ending ment in the United States Navy to the grade PN1392 AIR FORCE nominations (5) begin- SCOTT J. PIECEK, which nominations were indicated while assigned to a position of im- ning ANTHONY N. DILLS, and ending MI- received by the Senate and appeared in the portance and responsibility under title 10, CHAEL D. MILLER, which nominations were Congressional Record of January 21, 2010. U.S.C., section 601: received by the Senate and appeared in the PN1396 ARMY nomination of Juan G. To be vice admiral Congressional Record of January 21, 2010. Lopez, which was received by the Senate and Vice Adm. David Architzel PN1393 AIR FORCE nominations (5) begin- appeared in the Congressional Record of Jan- uary 21, 2010. NOMINATIONS PLACED ON THE SECRETARY’S ning MATTHEW A. BAACK, and ending PN1397 ARMY nomination of Jeri R. DESK ROCKY ZACCHEUS, which nominations were received by the Senate and appeared in Regan, which was received by the Senate and IN THE AIR FORCE the Congressional Record of January 21, 2010. appeared in the Congressional Record of Jan- PN1233 AIR FORCE nomination of Joseph PN1407 AIR FORCE nomination of David A. uary 21, 2010. E. Sanders, which was received by the Sen- Nordstrand, which was received by the Sen- PN1398 ARMY nomination of Robin T. ate and appeared in the Congressional ate and appeared in the Congressional Worch, which was received by the Senate and Record of December 2, 2009. Record of January 26, 2010. appeared in the Congressional Record of Jan- PN1234 AIR FORCE nomination of PN1408 AIR FORCE nominations (2) begin- uary 21, 2010. Chinmoy Mishra, which was received by the ning HELEN K. CROUCH, and ending PN1399 ARMY nominations (4) beginning Senate and appeared in the Congressional MICKRA H. KING, which nominations were TYLER E. HARRIS, and ending KELLY A. Record of December 2, 2009. received by the Senate and appeared in the SUPPLE, which nominations were received PN1235 AIR FORCE nomination of Charles Congressional Record of January 26, 2010. by the Senate and appeared in the Congres- F. Kimball, which was received by the Sen- PN1409 AIR FORCE nominations (2) begin- sional Record of January 21, 2010. ate and appeared in the Congressional ning RANDALL B. DELL, and ending EDDIE PN1400 ARMY nominations (19) beginning Record of December 2, 2009. P. SANCHEZ, which nominations were re- SCOTT D. DEBOLT, and ending AUDREY D. PN1236 AIR FORCE nominations (2) begin- ceived by the Senate and appeared in the WILSON, which nominations were received ning MINH THU NGOC LE, and ending ROB- Congressional Record of January 26, 2010. by the Senate and appeared in the Congres- ERT C. POPE, which nominations were re- PN1410 AIR FORCE nominations (4) begin- sional Record of January 21, 2010. ceived by the Senate and appeared in the ning CHARLES T. HUGUELET, and ending PN1415 ARMY nomination of Louis Congressional Record of December 2, 2009. MICHAEL E. SAVAGE, which nominations Gevirtzman, which was received by the Sen- PN1272 AIR FORCE nominations (32) begin- were received by the Senate and appeared in ate and appeared in the Congressional ning NOEMI ALGARINLOZANO, and ending the Congressional Record of January 26, 2010. Record of January 26, 2010. PATRICK J. WILLIAMS, which nominations PN1411 AIR FORCE nominations (5) begin- PN1416 ARMY nominations (5) beginning were received by the Senate and appeared in ning GLENDA K. M. GRONES, and ending BRENDA M. ARZU, and ending JOHN R. the Congressional Record of December 11, NANCY A. WESTBROOK, which nominations MILLS, which nominations were received by 2009. were received by the Senate and appeared in the Senate and appeared in the Congres- PN1273 AIR FORCE nominations (18) begin- the Congressional Record of January 26, 2010. sional Record of January 26, 2010. ning DAVID W. BOBB, and ending ROBERT PN1412 AIR FORCE nominations (15) begin- IN THE MARINE CORPS W. WISHTISCHIN, which nominations were ning FRANK J. ARCHER, and ending PN1282 MARINE CORPS nomination of received by the Senate and appeared in the EDUARDO SAN MIGUEL, which nomina- Brian J. Dix, which was received by the Sen- Congressional Record of December 11, 2009. tions were received by the Senate and ap- ate and appeared in the Congressional PN1275 AIR FORCE nominations (13) begin- peared in the Congressional Record of Janu- Record of December 11, 2009. ning SEAN W. DIGMAN, and ending DAVID ary 26, 2010. PN1297 MARINE CORPS nomination of L. ROBINSON, which nominations were re- PN1413 AIR FORCE nominations (3) begin- William J. Mitchell, which was received by ceived by the Senate and appeared in the ning THOMAS J. PIZZOLO, and ending the Senate and appeared in the Congres- Congressional Record of December 11, 2009. CLIFFORD ZDANOWICZ JR., which nomina- sional Record of December 15, 2009. PN1276 AIR FORCE nominations (54) begin- tions were received by the Senate and ap- PN1298 MARINE CORPS nominations (5) ning ALBERT H. BONNEMA, and ending peared in the Congressional Record of Janu- beginning SAM B. CLONTS JR., and ending GIANNA R. ZEH, which nominations were ary 26, 2010. RALPH L. PRICE III, which nominations received by the Senate and appeared in the PN1414 AIR FORCE nominations (97) begin- were received by the Senate and appeared in Congressional Record of December 11, 2009. ning TARN M. ABELL, and ending JOHN B. the Congressional Record of December 15, PN1277 AIR FORCE nominations (33) begin- WILLIAMS, which nominations were re- 2009. ning ERIC R. BAUGH JR., and ending ceived by the Senate and appeared in the KARYN E. YOUNG, which nominations were IN THE NAVY Congressional Record of January 26, 2010. received by the Senate and appeared in the PN1041 NAVY nomination of Donald J. Congressional Record of December 11, 2009. IN THE ARMY Sheehan Jr., which was received by the Sen- PN1278 AIR FORCE nominations (135) be- PN1266 ARMY nominations (19) beginning ate and appeared in the Congressional ginning ADAM M. ANDERSON, and ending JAMES R. AGAR II, and ending KERRY M. Record of September 30, 2009. SHAHID A. ZAIDI, which nominations were WHEELEHAN, which nominations were re- PN1237 NAVY nomination of Matthew S. received by the Senate and appeared in the ceived by the Senate and appeared in the Flemming, which was received by the Senate Congressional Record of December 11, 2009. Congressional Record of December 9, 2009. and appeared in the Congressional Record of PN1279 AIR FORCE nominations (46) begin- PN1281 ARMY nominations (36) beginning December 2, 2009. ning BRIAN J. ALENT, and ending RACHEL OLGA M. ANDERSON, and ending D004179, PN1385 NAVY nomination of Richard K. A. WEBER, which nominations were received which nominations were received by the Sen- Dougherty, which was received by the Sen- by the Senate and appeared in the Congres- ate and appeared in the Congressional ate and appeared in the Congressional sional Record of December 11, 2009. Record of December 11, 2009. Record of January 20, 2010. PN1280 AIR FORCE nominations (277) be- PN1293 ARMY nomination of Dawn Y. Tay- PN1401 NAVY nomination of Roldan C. ginning ERIC E. ABBOTT, and ending lor, which was received by the Senate and Mina, which was received by the Senate and

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S433 appeared in the Congressional Record of Jan- only think about the end of her life, are disproportionately affected. Cer- uary 21, 2010. and the dreams that would go vical cancer is diagnosed at an early PN1402 NAVY nominations (4) beginning unfulfilled. stage more often in Whites than in JACOB R. HILL, and ending WILLIAM R. Doctors recommended a radical Blacks, and Black women have higher WOODFIN, which nominations were received hysterectomy, which left Tamika by the Senate and appeared in the Congres- rates of mortality from cervical cancer sional Record of January 21, 2010. heartbroken, knowing that she would than White women. According to the PN1417 NAVY nominations (11) beginning never be able to give birth to children. Centers for Disease Control and Pre- DAVID W. TERHUNE, and ending DET R. Rounds of chemotherapy and radiation vention, Hispanic women were twice as SMITH, which nominations were received by followed, and Tamika struggled to stay likely as White women to be diagnosed the Senate and appeared in the Congres- positive. She credits amazing family, with cervical cancer, and the rates of sional Record of January 26, 2010. friends, and coworkers with helping her cervical cancer among Vietnamese PN1418 NAVY nominations (30) beginning through this difficult time. She American women are higher than those ERIC R. AKINS, and ending SCOTT T. WIL- emerged cancer-free, and is a 5-year BUR, which nominations were received by for any other ethnicity—more than five the Senate and appeared in the Congres- survivor. times higher than White women. These sional Record of January 26, 2010. As Tamika was undergoing treat- statistics highlight why it is so impor- ment, she spent a lot of time educating tant to codify the Offices of Minority f herself about HPV and cervical cancer, Health within HHS and its agencies. I LEGISLATIVE SESSION and her friends did the same. They advocated for this to be part of the The PRESIDING OFFICER. Under learned that the disease was prevent- managers’ amendment to the Senate the previous order, the Senate will re- able, and they needed to get that mes- health care bill, and I will continue to sume legislative session. sage out to women around the country. push for it to be included in the health Thus, the nonprofit organization care reform legislation that is signed f Tamika and Friends was born. Tamika by President Obama. MORNING BUSINESS and Friends is based in Upper Marl- I come to the floor today to raise boro, MD, and is dedicated to raising awareness about cervical cancer and Mr. CASEY. Mr. President, I ask awareness about cervical cancer and its the need to cover preventive services unanimous consent that the Senate links to HPV. for women, and to commend and thank proceed to a period of morning busi- Using the network of survivors and Tamika and her friends for their efforts ness, with Senators permitted to speak friends that they have established, to educate all women about what they for up to 10 minutes each. they spread the essential message that can do to remain healthy. Tamika’s The PRESIDING OFFICER. Without through education, prevention, and story could have been one of tragedy, objection, it is so ordered. treatment, cervical cancer can be en- but instead, she has turned it into a f tirely eliminated. They share their story of inspiration, strength, and message in creative ways, including CERVICAL CANCER AWARENESS hope. house parties that create a comfortable In one of the informational brochures Mr. CARDIN. Mr. President, I rise environment for women to have open that Tamika and Friends hands out to today to call attention to a disease discussions about HPV and cervical women is a message from Tamika her- that is devastating to women nation- cancer and its causes. Their Web site self. It says ‘‘No matter how busy or wide. In 2009, the National Cancer In- has many survivors’ stories to encour- broke you think you are—whether you stitute at NIH reported that cervical age other women that share their diag- have insurance or not—you must cancer was diagnosed in 11,250 women, nosis. never, ever skip your Pap test and HPV and more than 4,000 women died from When I learned that one of the rea- test.’’ As Members of the U.S. Senate, the disease. The U.S. Centers for Dis- sons that Tamika did not have a reg- it is within our power to help women ease Control and Prevention, CDC, esti- ular Pap test was that she lacked like Tamika and make sure that a lack mates that $2 billion per year is spent health insurance, my conviction that of health insurance is not a barrier for on treatment of cervical cancer. Access we must achieve universal health cov- women’s health. We can all do our part to regular screening would not only erage was strengthened. Her story is to prevent cervical cancer and other prevent the disease in most cases, but one of many that we have heard over diseases that can be caught early with would be a mere fraction of the cost of the past year that emphasizes the crit- proper preventive care. treatment. ical need to cover the uninsured. If f Cervical cancer is mainly caused by Tamika had had access to proper pre- HPV, a virus that currently infects ventive testing, then her cancer might SMALL BUSINESS CONTRACTING about 20 million Americans. Another 6 have been caught at an earlier stage. REVITALIZATION ACT million people become newly infected She may not have needed a radical Ms. SNOWE. Mr. President, as rank- each year. By educating women and hysterectomy, and her ability to have ing member of the Senate Committee making regular Pap tests, HPV tests children, which she held so dear, might on Small Business and Entrepreneur- and the HPV vaccine affordable and ac- have been preserved. ship, I rise today to discuss the Small cessible, we can significantly decrease The health care reform legislation Business Contracting Revitalization the number of cases of cervical cancer passed by the Senate would ensure that Act of 2010. This critical piece of legis- in this Nation. women can afford a yearly Pap test. In lation is the direct result of consensus- This message was brought to me last the bill, preventive services for women, building and compromise, and con- week by one of my constituents, Ms. including a yearly exam and cervical tinues the bipartisan tradition of the Tamika Felder, and her ‘‘friends,’’ a re- cancer screenings are covered at no Small Business Committee. I also wish markable group of women who visited cost to patients. In addition, as part of to thank Chair LANDRIEU for her part- Capitol Hill to promote awareness of the managers’ amendment, the provi- nership with me in forging this truly cervical cancer. Tamika was a success- sion that I introduced as part of a Pa- crucial measure as we work toward ful young television producer in Wash- tients’ Bill of Rights will allow women contracting parity for small business, ington, DC. At the age of 25, Tamika to designate an OB–GYN as their pri- and for her tireless leadership on all went to the doctor for a routine Pap mary care physician. This will enable concerns confronting small businesses test. She hadn’t been to the doctor for women to receive care from a physi- today. a few years, partly due to a lack of cian that specializes in women’s health The Small Business Revitalization health insurance. Her results came and can reinforce efforts to educate Act of 2010 retains critical procurement back, and the diagnosis was what she women about the causes of cervical provisions that originate in the com- calls ‘‘the shock of her life’’—advanced cancer and the importance of getting prehensive contracting bills I intro- cervical cancer. As Tamika struggled regular Pap and HPV tests. duced or cosponsored in the 109th and to come to terms with her diagnosis, To successfully eradicate cervical 110th Congresses which were unani- she became depressed and retreated cancer, we must acknowledge and ad- mously voted out of the Small Business from most of her friends. She could dress that racial and ethnic minorities Committee. This particular legislation

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S434 CONGRESSIONAL RECORD — SENATE February 2, 2010 will serve to minimize the use of con- has resulted in firms losing billions of er it was coaching baseball, partici- tract bundling and consolidation of dollars in contracting opportunities. pating in the 5K runs or volunteering contracts by the Federal Government, But 23 percent is only a base goal. We at the food drives. and increase the ability of small busi- must strive to exceed it, not just meet I have been to the Albany Area nesses to fairly compete for such con- it. YMCA several times and I am always tracts through a host of key improve- In the last 2 years alone, the Small impressed by the new community ini- ments, including allowing small busi- Business Committee has held numerous tiatives and programs taking place nesses to join together in teams to bid hearings and roundtables to identify there. on certain procurement opportunities. and explain small business’ contracting The YMCA has always been com- Additional requirements will help to concerns. In addition, the GAO and the mitted to challenging boys and girls to ensure prompt payment from prime Small Business Administration’s, SBA, think beyond themselves and to set contractors to subcontractors, and inspector general have issued multiple goals—and it is this focus on character make it easier for the Federal govern- reports addressing small business Fed- development that has helped strength- ment to prosecute businesses who eral contracting deficiencies. Our legis- en the community. fraudulently identify themselves as lation builds on the contracting provi- As a former volunteer and past presi- small companies. sions of previous Small Business Com- dent of the Moultrie YMCA, I have a Since the mid-1990s, with the enact- mittee contracting bills by endowing special appreciation for the great work ment of acquisition streamlining re- the SBA with additional tools to meet the volunteers are doing. And they forms and the downsizing of the Fed- the demands of an ever-changing 21st ought to be commended for their tre- eral procurement workforce, small century contracting environment. mendous efforts. businesses have faced a litany of hur- That said, I am greatly encouraged For 100 years, YMCA volunteers have dles that have deprived them of Fed- by the latest statistics relating to Fed- helped children develop themselves as eral contracting dollars. One such im- eral contracting dollars awarded to honest, respectful, caring and respon- pediment is contract bundling which small businesses from the funds appro- sible individuals. takes contracting opportunities out of priated under the American Recovery Additionally, I would be remiss if I the hands of deserving small businesses and Reinvestment Act, ARRA. Prelimi- did not mention Dave Wallace, who has by grouping numerous small contracts nary reports show that as of February made a tremendous impact on the Al- and bundling them into one large 1, 2010, small businesses have received bany Area YMCA while serving as the award. Ill-equipped to manage the de- over 29 percent of the ARRA Federal executive director. mands of these consolidated awards contracting dollars, well exceeding the I have had the good fortune of know- due to a lack of resources, small busi- imposed 23 percent statutory goal. This ing Dave for several years. The YMCA ness owners again find themselves begs the question, if the Federal Gov- has flourished under his leadership— crowded out of the Federal contracting ernment can not only meet but exceed and I have no doubt he has touched process. Consequently, the bipartisan these requirements for the Recovery many lives throughout his tenure measure we are introducing reflects Act, why can’t these goals be met year there. the recommendations made by the in and year out? The simple answer is Over the years, the Albany Area Government Accountability Office, they can. I am hopeful this administra- YMCA has relocated, expanded and GAO, to impose stricter reviews and tion will make a conscious effort to re- changed in many aspects, but it has more comprehensive reporting of bun- verse the government-wide failure to never steered away from its mission dled contracts, encourages small busi- meet small business goals on a con- ‘‘to put Christian principles into prac- ness teaming to bid on larger con- sistent basis. tice through programs that build a tracts, and promotes Federal agency I am confident that this legislation healthy spirit, mind and body for all.’’ publishing and use of best practices. will result in the changes necessary to Once again, I would like to offer my Additional obstacles to successful reduce fraud and waste while paving congratulations and appreciation to small business contracting include the way for the Federal Government to the Albany Area YMCA on this very ‘‘bait and switch’’ tactics used by maximize the use of America’s innova- special occasion.∑ tive small businesses in the con- prime contractors who use small firms f in developing bids but do not sub- tracting arena. Again, I want to recog- contract with them once a contract has nize Senator LANDRIEU for her leader- RECOGNIZING THE NORRIS been awarded. Our bill will address this ship in this matter and for her con- STEVENS FAMILY concern as well as other ongoing prob- tinuing commitment to the small busi- ∑ Mrs. LINCOLN. Mr. President, today lems such as large businesses posing as ness community. I congratulate the Norris Stevens fam- small businesses, flawed reporting f ily for being named the Drew County data, and agencies who fail to meet ADDITIONAL STATEMENTS Farm Family of the Year for 2009. their small business contracting goals. I have felt a long kinship with Drew As ranking member of the Senate County, and I am grateful for the Committee on Small Business and En- RECOGNIZING THE ALBANY AREA friendships I have made there. I have trepreneurship, I am further dismayed YMCA many fond memories visiting the Drew by the myriad ways that government ∑ Mr. CHAMBLISS. Mr. President, County Courthouse, where my southern agencies have time and again egre- today I wish to congratulate the Al- Arkansas field office was located when giously failed to meet the vast major- bany Area YMCA on the occasion of its I was first elected to the U.S. Senate. ity of their small business statutory 100th anniversary. As a seventh-generation Arkansan ‘‘goaling’’ requirements. It is uncon- On October 25, 1909, 100 businessmen and farmer’s daughter, and as chair- scionable that the statutory goal for met at the New Albany Hotel for the man of the Senate Agriculture Com- only one category of small business— purpose of establishing and building a mittee, I understand firsthand and ap- small disadvantaged businesses—has YMCA in Albany. Five days later, the preciate the hard work and contribu- been met, and that goals for the three campaign, led by Judge F.F. Putney, tions of our farm families. Agriculture other programs HUBZones, women- was successful in raising $30,000. is the backbone of Arkansas’s econ- owned small businesses, and service- Just 1 year later, the vision became a omy, creating more than 270,000 jobs in disabled veterans-owned businesses— reality, and the first YMCA building in the State and providing $9.1 billion in have never been achieved. Albany opened its doors at the corner wages and salaries. In total, agri- Consider that, in 2007, small busi- of Pine and Jefferson. culture contributes roughly $15.9 bil- nesses were eligible for $378 billion in Since its inception in 1910, the Al- lion to the Arkansas economy each Federal contracting awards, yet re- bany Area YMCA has been an impor- year. ceived only $83 billion. This blatant tant part of life for residents of south- Mr. President, our farm families are failure to utilize small businesses, thus west Georgia. critical to our Nation’s economic sta- preventing them to secure their fair Just last year, more than 30,000 peo- bility. We must work to continue the share of Federal contracting dollars, ple were involved in the YMCA, wheth- farm family tradition, so families such

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S435 as the Stevens family are able to main- same ownership for over 51 years, with pilot training in August 1952 at Bartow tain their livelihoods and continue to many of their key craftspeople em- Air Force Base, Pitchford went on to help provide the safe, abundant, and af- ployed for more than 30 years. receive his wings in September 1953. fordable food supply that feeds our own Business of the Year Ray’s has been a As the war in Vietnam escalated, country and the world and that is es- local icon since 1951, when the res- Pitchford volunteered for the Wild sential to our own economic stability. taurant first began serving burgers at Weasel program, tasked with flying I salute the Stevens and all Arkansas what was then known as C.L. and Ruth low-altitude missions to hunt and de- farm families for their hard work and Ray’s Anchor Drive In on Hyatt Street. stroy surface-to-air missiles. On De- dedication.∑ Ray’s now serves a diverse menu of Ar- cember 20, 1965, during his third com- f kansas favorites, including burgers, bat mission of the war, Colonel catfish and hickory-smoked barbeque. Pitchford’s F–100F Super Sabre aircraft RECOGNIZING SHAY AND SHERRIE Mr. President, I salute these Arkan- was hit by a North Vietnamese missile. GILLESPIE sas businesses for their hard work and He suffered a dislocated right shoulder ∑ Mrs. LINCOLN. Mr. President, today dedication in serving our State.∑ during his ejection from the aircraft and three gunshot wounds to his right I congratulate Shay and Sherrie Gil- f lespie of Monticello as the 2009 Man arm when his captors opened fire. Colo- and Woman of the Year, as named by RECOGNIZING THE TONGUE POINT nel Pitchford was the first Wild Weasel the Monticello-Drew County Chamber JOB CORPS CENTER to be taken prisoner in Vietnam. He of Commerce and Monticello Economic ∑ Mr. MERKLEY. Mr. President, today spent the next 7 years in various North Development Commission. I recognize Tongue Point’s 45 years of Vietnamese prisoner-of-war camps, in- I have felt a long kinship to Monti- tireless dedication to helping Orego- cluding the infamous Hanoi Hilton. cello, and I am grateful for the friend- nians improve the quality of their After 373 weeks of hellish captivity and ships I have made there. I have many lives. In 1965, the Tongue Point Job torture, Colonel Pitchford was finally fond memories visiting the Drew Coun- Corps Center began teaching young released on February 12, 1973. ty Courthouse, where my southern Ar- people the skills to become employable In recognition of his tremendous kansas field office was located when I and independent. Since then, the cen- service and sacrifice, Colonel Pitchford was first elected to the U.S. Senate. ter has remained devoted to its mission was awarded the Purple Heart, the Sil- Monticello is a community with a of helping its graduates find work or ver Star, and Legion of Merit. Upon re- great spirit of volunteerism and caring, pursue additional education. Last year, tirement from the Air Force, he re- as evidenced by the Gillespies. Owners an amazing 90 percent of Job Corps turned to Natchez where he became an of Head of the Class Childcare and graduates found work, enrolled in high- active member of the community. In Learning Center, the Gillespies are er education programs, or enlisted in discussing his time as a POW, Colonel known throughout the community for the military. Pitchford once said: their work with youth, their church During these tough economic times, The one thing I would like to convey to the and community activities, and their Tongue Point’s contribution to our American people is that no matter what hap- pens in one’s lifetime, one must never lose service on the Monticello City Council. communities helps strengthen the faith in the United States of America. Ours Sherrie is a current city alderman and quality of our workforce and ensures is a great country indeed. We must continue Shay is a former alderman. that those who want to succeed can. to rededicate ourselves to the principles that According to those who know her The center provides 16- to 24-year-olds have made it great. I, as a POW, was main- best, Sherrie is quick to open up her with technical and academic training tained by my faith in God, country and by home to the youth in her church and at no cost to the student, guaranteeing the hardships much worse than my own that community, using her personal fi- a safe and encouraging space for profes- were endured by many of my fellow POWs. nances to help feed senior citizens and sional advancement. I recently returned from Afghani- provide clothing for the needy. She was In recognition of Tongue Point’s 45th stan. Many of the qualities Jack instrumental in forming a community birthday, I wish to express my sincere Pitchford exhibited in his life can be action organization that provides tu- appreciation for the work they have seen in our men and women who are toring to African-American students to done helping young Oregonians find a serving our country there today. Their help them make the most of their fu- career path. This center, like all Job service and sacrifice ensures that Jack ∑ ture. Corps Centers nationwide, provides a Pitchford’s legacy will live on. Mr. President, we should all embrace tremendous service to our Nation, and f the spirit of service and volunteerism I wish it all the best in the years to MESSAGE FROM THE PRESIDENT on display by these deserving individ- come.∑ A message from the President of the uals. I send my heartfelt congratula- f United States was communicated to tions to both Shay and Sherrie.∑ REMEMBERING COLONEL JACK the Senate by Mrs. Neiman, one of his f PITCHFORD secretaries. RECOGNIZING SEAARK MARINE ∑ Mr. WICKER. Mr. President, on De- f AND RAY’S RESTAURANT cember 2, 2009, retired Air Force COL EXECUTIVE MESSAGE REFERRED ∑ Mrs. LINCOLN. Mr. President, today Jack Pitchford died at the age of 82 As in executive session the Presiding I proudly join all Monticello residents after a long battle with a brain tumor. Officer laid before the Senate a mes- to congratulate SeaArk Marine and The Natchez, MS, native was a deco- sage from the President of the United Ray’s Restaurant as the Monticello- rated fighter pilot, a survivor of the States submitting a nomination which Drew County Industry and Business of Hanoi Hilton, and a true hero. Our was referred to the Committee on the the Year, respectively, as named by the country will miss him. Judiciary. Chamber of Commerce and Monticello John Joseph Pitchford was born in (The nomination received today is Economic Development Commission. 1926 in Natchez. The second of 12 chil- printed at the end of the Senate pro- I have felt a long kinship to Monti- dren and the eldest boy, Pitchford en- ceedings.) cello, and I am grateful for the friend- listed in the Army Air Corps after f ships I have made there. I have many graduating from high school in 1944. He fond memories visiting the Drew Coun- served as an aircraft and engine me- REPORT ON THE CONTINUATION ty Courthouse, where my southern Ar- chanic through the end of World War OF THE NATIONAL EMERGENCY kansas field office was located when I II. THAT WAS DECLARED IN EXECU- was first elected to the U.S. Senate. He then attended Louisiana State TIVE ORDER 13396 ON FEBRUARY Industry of the Year SeaArk Marine University from 1949 to 1952, grad- 7, 2006, WITH RESPECT TO THE is one of the Nation’s leading commer- uating with a bachelor of science de- SITUATION IN OR IN RELATION ˆ cial and military boat builders. Known gree in forestry and receiving a Re- TO COTE D’IVOIRE—PM 44 for its commitment to customers and serve Officer Training Corps commis- The PRESIDING OFFICER laid be- quality, SeaArk has been under the sion in the Air Force. After entering fore the Senate the following message

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S436 CONGRESSIONAL RECORD — SENATE February 2, 2010 from the President of the United a rule entitled ‘‘Suspension of Community and Human Services, transmitting, pursuant States which was referred to the Com- Eligibility’’ ((44 CFR Part 64)(Docket No. to law, the report of a rule entitled ‘‘Na- mittee on Banking, Housing, and FEMA–2008–0020)) received in the Office of tional Practitioner Data Bank for Adverse Urban Affairs: the President of the Senate on January 27, Information on Physicians and Other Health 2010; to the Committee on Banking, Housing, Care Practitioners: Reporting on Adverse To the Congress of the United States and Urban Affairs. and Negative Actions’’ (RIN0906–AA57) re- Section 202(d) of the National Emer- EC–4616. A communication from the Chief ceived in the Office of the President of the gencies Act (50 U.S.C. 1622(d)) provides Counsel, Federal Emergency Management Senate on January 28, 2010; to the Com- Agency, Department of Homeland Security, mittee on Health, Education, Labor, and for the automatic termination of a na- transmitting, pursuant to law, the report of Pensions. tional emergency, unless, prior to the a rule entitled ‘‘Final Flood Elevation Deter- EC–4625. A communication from the Acting anniversary date of its declaration, the minations’’ ((44 CFR Part 67)(Docket No. Director, Legislative and Regulatory Depart- President publishes in the Federal Reg- FEMA–2008–0020)) received in the Office of ment, Pension Benefit Guaranty Corpora- ister and transmits to the Congress a the President of the Senate on January 28, tion, transmitting, pursuant to law, the re- notice stating that the emergency is to 2010; to the Committee on Banking, Housing, port of a rule entitled ‘‘Benefits Payable in continue in effect beyond the anniver- and Urban Affairs. Terminated Single-Employer Plans; Interest EC–4617. A communication from the Chief Assumptions for Valuing and Paying Bene- sary date. In accordance with this pro- Counsel, Federal Emergency Management fits’’ (29 CFR Part 4022) received in the Office vision, I have sent to the Federal Reg- Agency, Department of Homeland Security, of the President of the Senate on January 28, ister for publication the enclosed notice transmitting, pursuant to law, the report of 2010; to the Committee on Health, Education, stating that the national emergency a rule entitled ‘‘Special Community Disaster Labor, and Pensions. declared in Executive Order 13396 of Loan’’ ((44 CFR Part 206)(Docket No. FEMA– EC–4626. A communication from the Direc- February 7, 2006, with respect to the 2005–0051)) received in the Office of the Presi- tor, Office of Labor-Management Standards, ˆ dent of the Senate on January 28, 2010; to the Department of Labor, transmitting, pursu- situation in or in relation to Cote ant to law, the report of a rule entitled d’Ivoire is to continue in effect beyond Committee on Banking, Housing, and Urban Affairs. ‘‘Trust Annual Reports, Final Rule Extend- February 7, 2010. EC–4618. A communication from the Chief ing Filing Due Date’’ (RIN1215–AB75) re- The situation in or in relation to of the Publications and Regulations Branch, ceived in the Office of the President of the Coˆ te d’Ivoire, which has been addressed Internal Revenue Service, Department of the Senate on February 1, 2010; to the Com- by the United Nations Security Council Treasury, transmitting, pursuant to law, the mittee on Health, Education, Labor, and in Resolution 1572 of November 15, 2004, report of a rule entitled ‘‘Haiti Earthquake Pensions. EC–4627. A communication from the Regu- and subsequent resolutions, has re- Occurring in January 2010 Designated as a Qualified Disaster Under Section 139 of the lations Officer, Federal Highway Adminis- sulted in the massacre of large num- tration, Department of Transportation, bers of civilians, widespread human Internal Revenue Code’’ (Notice No 2010–16) received in the Office of the President of the transmitting, pursuant to law, the report of rights abuses, significant political vio- Senate on January 28, 2010; to the Com- a rule entitled ‘‘Worker Visibility’’ (RIN2125– AF28) received in the Office of the President lence and unrest, and fatal attacks mittee on Finance. against international peacekeeping EC–4619. A communication from the Chief of the Senate on February 1, 2010; to the forces. In March 2007, the Ouagadougou of the Publications and Regulations Branch, Committee on Commerce, Science, and Internal Revenue Service, Department of the Transportation. Political Agreement was signed by the EC–4628. A communication from the Pro- Treasury, transmitting, pursuant to law, the two primary protagonists in Coˆ te gram Analyst, National Highway Traffic report of a rule entitled ‘‘Applicable Federal d’Ivoire’s conflict. Although consider- Safety Administration, Department of Rates—February 2010’’ (Rev. Rul. 2010–6) re- Transportation, transmitting, pursuant to able progress has been made in imple- ceived in the Office of the President of the law, the report of a rule entitled ‘‘Federal menting this agreement, the situation Senate on January 28, 2010; to the Com- in or in relation to Coˆ te d’Ivoire poses Motor Vehicle Safety Standard No. 121; Air mittee on Finance. Brake Systems’’ (RIN2127–AK44) received in EC–4620. A communication from the Chief a continuing unusual and extraor- the Office of the President of the Senate on of the Publications and Regulations Branch, dinary threat to the national security February 1, 2010; to the Committee on Com- Internal Revenue Service, Department of the and foreign policy of the United States. merce, Science, and Transportation. For these reasons, I have determined Treasury, transmitting, pursuant to law, the EC–4629. A communication from the Pro- report of a rule entitled ‘‘Tier I Issue—Indus- that it is necessary to continue the na- gram Analyst, Federal Aviation Administra- try Director Directive on the Planning and tion, Department of Transportation, trans- tional emergency and related measures Examination of Repairs vs. Capitalization blocking the property of certain per- mitting, pursuant to law, the report of a rule Change in Accounting Method (CAM) No. 1’’ entitled ‘‘Standard Instrument Approach sons contributing to the conflict in (LMSB–4–0110–001) received in the Office of Procedures (113); Amdt. No. 3356’’ (RIN2120– Coˆ te d’Ivoire. the President of the Senate on January 28, AA65) received in the Office of the President BARACK OBAMA. 2010; to the Committee on Finance. of the Senate on February 1, 2010; to the THE WHITE HOUSE, February 2, 2010. EC–4621. A communication from the Chief Committee on Commerce, Science, and of the Publications and Regulations Branch, Transportation. f Internal Revenue Service, Department of the EC–4630. A communication from the Pro- EXECUTIVE AND OTHER Treasury, transmitting, pursuant to law, the gram Analyst, Federal Aviation Administra- report of a rule entitled ‘‘Miscellaneous COMMUNICATIONS tion, Department of Transportation, trans- HEART Act Changes’’ (Notice No. 2010–15) re- mitting, pursuant to law, the report of a rule The following communications were ceived in the Office of the President of the entitled ‘‘Standard Instrument Approach laid before the Senate, together with Senate on January 28, 2010; to the Com- Procedures (10); Amdt. No. 3357’’ (RIN2120– accompanying papers, reports, and doc- mittee on Finance. AA65) received in the Office of the President EC–4622. A communication from the Dep- uments, and were referred as indicated: of the Senate on February 1, 2010; to the uty Executive Secretary, U.S. Agency for Committee on Commerce, Science, and EC–4613. A communication from the Sec- International Development, transmitting, Transportation. retary of the Treasury, transmitting, pursu- pursuant to law, the report of the confirma- EC–4631. A communication from the Legal ant to law, a six-month periodic report on tion of a nomination in the position of Ad- Advisor, International Bureau, Federal Com- the national emergency that was declared in ministrator, received on January 29, 2010; to munications Commission, transmitting, pur- Executive Order 13441 with respect to Leb- the Committee on Foreign Relations. suant to law, the report of a rule entitled anon; to the Committee on Banking, Hous- EC–4623. A communication from the Office ‘‘Report and Order, In the Matter of Inter- ing, and Urban Affairs. Manager, Office of the National Coordinator national Fixed Public Radiocommunication EC–4614. A communication from the Asso- for HIT, Department of Health and Human Services’’ (IB Docket No. 05–216) received in ciate Director, Office of Foreign Assets Con- Services, transmitting, pursuant to law, the the Office of the President of the Senate on trol, Department of the Treasury, transmit- report of a rule entitled ‘‘Health Information February 1, 2010; to the Committee on Com- ting, pursuant to law, the report of a rule en- Technology: Initial Set of Standards, Imple- merce, Science, and Transportation. titled ‘‘Belarus Sanctions Regulations’’ (31 mentation Specifications, and Certification, EC–4632. A communication from the Attor- CFR Part 548) received in the Office of the Criteria for Electronic Health Record Tech- ney, Office of the Secretary of Transpor- President of the Senate on February 1, 2010; nology’’ (RIN0991–AB58) received in the Of- tation, Department of Transportation, trans- to the Committee on Banking, Housing, and fice of the President of the Senate on Janu- mitting, pursuant to law, the report of a rule Urban Affairs. ary 15, 2010; to the Committee on Health, entitled ‘‘Employee Protection Program; Re- EC–4615. A communication from the Chief Education, Labor, and Pensions. moval’’ (RIN2105–AD94) received in the Office Counsel, Federal Emergency Management EC–4624. A communication from the Pro- of the President of the Senate on February 1, Agency, Department of Homeland Security, gram Manager, Health Resources and Serv- 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of ices Administration, Department of Health Science, and Transportation.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S437 EC–4633. A communication from the Attor- FAA–2009–0605)) received in the Office of the stalled on, but not Limited to ATR—GIE ney, Office of the Secretary of Transpor- President of the Senate on February 1, 2010; Avions de Transport Regional Model ATR42 tation, Department of Transportation, trans- to the Committee on Commerce, Science, Airplanes and Model ATR72 Airplanes’’ mitting, pursuant to law, the report of a rule and Transportation. ((RIN2120-AA64)(Docket No. FAA-2007-27346)) entitled ‘‘Procedures for Reimbursement of EC–4642. A communication from the Pro- received in the Office of the President of the General Aviation Operators and Service Pro- gram Analyst, Federal Aviation Administra- Senate on February 1, 2010; to the Com- viders in the Washington, DC Area; Re- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- moval’’ (RIN2105–AD93) received in the Office mitting, pursuant to law, the report of a rule tation. of the President of the Senate on February 1, entitled ‘‘Establishment of Class E Airspace; EC–4650. A communication from the Pro- 2010; to the Committee on Commerce, Lewisport, KY’’ ((RIN2120–AA66)(Docket No. gram Analyst, Federal Aviation Administra- Science, and Transportation. FAA–2009–0706)) received in the Office of the tion, Department of Transportation, trans- EC–4634. A communication from the Attor- President of the Senate on February 1, 2010; mitting, pursuant to law, the report of a rule ney, Office of the Secretary of Transpor- to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; AVOX tation, Department of Transportation, trans- and Transportation. Systems and B/E Aerospace Oxygen Cylinder mitting, pursuant to law, the report of a rule EC–4643. A communication from the Pro- Assemblies, as Installed on Various Trans- entitled ‘‘OST Technical Corrections’’ gram Analyst, Federal Aviation Administra- port Airplanes’’ ((RIN2120-AA64)(Docket No. (RIN2105–AD82) received in the Office of the tion, Department of Transportation, trans- FAA-2010-0029)) received in the Office of the President of the Senate on February 1, 2010; mitting, pursuant to law, the report of a rule President of the Senate on February 1, 2010; to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives; The Boe- to the Committee on Commerce, Science, and Transportation. and Transportation. ing Company Model 747–100B SUD, –200B, EC–4651. A communication from the Pro- EC–4635. A communication from the Pro- –300, –400, and –400D Series Airplanes’’ gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(Docket No. FAA–2009–0636)) tion, Department of Transportation, trans- tion, Department of Transportation, trans- received in the Office of the President of the mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Senate on February 1, 2010; to the Com- entitled ‘‘Airworthiness Directives; Engine entitled ‘‘Establishment of Class D and E mittee on Commerce, Science, and Transpor- Components, Inc. (ECi) Reciprocating Engine Airspace and Modification of Class E Air- tation. Cylinder Assemblies’’ ((RIN2120- EC–4644. A communication from the Pro- space; State College, PA’’ ((RIN2120– AA64)(Docket No. FAA-2008-0052)) received in gram Analyst, Federal Aviation Administra- AA66)(Docket No. FAA–2009–0750)) received the Office of the President of the Senate on in the Office of the President of the Senate tion, Department of Transportation, trans- February 1, 2010; to the Committee on Com- on February 1, 2010; to the Committee on mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; The Boe- EC–4652. A communication from the Pro- EC–4636. A communication from the Pro- ing Company Model 747–100, 747–100B, 747– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- 100B SUD, 747–200B, 747–200C, 747–200F, 747– tion, Department of Transportation, trans- tion, Department of Transportation, trans- 300, 747SR, and 747SP Series Airplanes’’ mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. FAA–2009–0865)) entitled ‘‘Airworthiness Directives; The Boe- entitled ‘‘Establishment of Class D and Class received in the Office of the President of the ing Company Model 737-600, -700, -700C, -800, E Airspace, Modification of Class E Airspace; Senate on February 1, 2010; to the Com- -900, and -900ER Series Airplanes’’ ((RIN2120- Ocala, FL’’ ((RIN2120–AA66)(Docket No. mittee on Commerce, Science, and Transpor- AA64)(Docket No. FAA-2009-0657)) received in FAA–2009–0326)) received in the Office of the tation. the Office of the President of the Senate on President of the Senate on February 1, 2010; EC–4645. A communication from the Pro- February 1, 2010; to the Committee on Com- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. and Transportation. tion, Department of Transportation, trans- EC–4653. A communication from the Pro- EC–4637. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Thrush tion, Department of Transportation, trans- tion, Department of Transportation, trans- Aircraft, Inc. Model 600 S2D and S2R Series mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Airplanes’’ ((RIN2120-AA64)(Docket No. FAA- entitled ‘‘Airworthiness Directives; Empresa entitled ‘‘Modification of Class E Airspace; 2007-27862)) received in the Office of the Brasileira de Aeronautica S.A. (EMBRAER) Anniston, AL’’ ((RIN2120–AA66)(Docket No. President of the Senate on February 1, 2010; Model ERJ 170 Airplanes’’ ((RIN2120- FAA–2009–0653)) received in the Office of the to the Committee on Commerce, Science, AA64)(Docket No. FAA-2009-0610)) received in President of the Senate on February 1, 2010; and Transportation. the Office of the President of the Senate on to the Committee on Commerce, Science, EC–4646. A communication from the Pro- February 1, 2010; to the Committee on Com- and Transportation. gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. EC–4638. A communication from the Pro- tion, Department of Transportation, trans- EC–4654. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Agusta tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule S .p.A. (Agusta) Model AB139 and AW139 Hel- mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; icopters’’ ((RIN2120-AA64)(Docket No. FAA- entitled ‘‘Airworthiness Directives; Airbus Saluda, SC’’ ((RIN2120–AA66)(Docket No. 2009-1125)) received in the Office of the Presi- Model A340-200 and A340-300 Series Air- FAA–2009–0603)) received in the Office of the dent of the Senate on February 1, 2010; to the planes’’ ((RIN2120-AA64)(Docket No . FAA- President of the Senate on February 1, 2010; Committee on Commerce, Science, and 2009-1251)) received in the Office of the Presi- to the Committee on Commerce, Science, Transportation. dent of the Senate on February 1, 2010; to the and Transportation. EC–4647. A communication from the Pro- Committee on Commerce, Science, and EC–4639. A communication from the Pro- gram Analyst, Federal Aviation Administra- Transportation. EC–4655. A communication from the Pro- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; Turbomeca Turmo IV A and IV C Turboshaft entitled ‘‘Airworthiness Directives; Fokker Tompkinsville, KY’’ ((RIN2120–AA66)(Docket Engines’’ ((RIN2120-AA64)(Docket No. FAA- Services B.V. Model F.28 Mark 0070 and 0100 No. FAA–2009–0604)) received in the Office of 2010-0009)) received in the Office of the Presi- Airplanes’’ ((RIN2120-AA64)(Docket No. FAA- the President of the Senate on February 1, dent of the Senate on February 1, 2010; to the 2009-0763)) received in the Office of the Presi- 2010; to the Committee on Commerce, Committee on Commerce, Science, and dent of the Senate on February 1, 2010; to the Science, and Transportation. Transportation. Committee on Commerce, Science, and EC–4640. A communication from the Pro- EC–4648. A communication from the Pro- Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–4656. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Establishment of Class E Airspace; entitled ‘‘Airworthiness Directives; Airbus mitting, pursuant to law, the report of a rule Hertford, NC’’ ((RIN2120–AA66)(Docket No. Model A318 Series Airplanes’’ ((RIN2120- entitled ‘‘Airworthiness Directives; CFM FAA–2009–0705)) received in the Office of the AA64)(Docket No. FAA-2009-0713)) received in International, S.A. CFM56-7B Series Tur- President of the Senate on February 1, 2010; the Office of the President of the Senate on bofan Engines’’ ((RIN2120-AA64)(Docket No. to the Committee on Commerce, Science, February 1, 2010; to the Committee on Com- FAA-2009-0236)) received in the Office of the and Transportation. merce, Science, and Transportation. President of the Senate on February 1, 2010; EC–4641. A communication from the Pro- EC–4649. A communication from the Pro- to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- and Transportation. tion, Department of Transportation, trans- tion, Department of Transportation, trans- EC–4657. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; entitled ‘‘Airworthiness Directives; Sicma tion, Department of Transportation, trans- Clayton, GA’’ ((RIN2120–AA66)(Docket No. Aero Seat 90xx Series Passenger Seats, In- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S438 CONGRESSIONAL RECORD — SENATE February 2, 2010 entitled ‘‘Airworthiness Directives; cial Local Regulation for Marine Events; Re- By Mr. LEVIN for the Committee on Turbomeca S.A. Model Arriel 1B, 1D, and 1D1 curring Marine Events in the Fifth Coast Armed Services. Turboshaft Engines’’ ((RIN2120-AA64)(Docket Guard District’’ ((RIN1625-AA08)(Docket No. *Mary Sally Matiella, of Arizona, to be an No. FAA-2009-0503)) received in the Office of USG-2009-0430)) received in the Office of the Assistant Secretary of the Army. the President of the Senate on February 1, President of the Senate on January 28, 2010; *Paul Luis Oostburg Sanz, of Maryland, to 2010; to the Committee on Commerce, to the Committee on Commerce, Science, be General Counsel of the Department of the Science, and Transportation. and Transportation. Navy. EC–4658. A communication from the Pro- EC–4666. A communication from the Attor- *Malcolm Ross O’Neill, of Virginia, to be gram Analyst, Federal Aviation Administra- ney, U.S. Coast Guard, Department of Home- an Assistant Secretary of the Army. tion, Department of Transportation, trans- land Security, transmitting, pursuant to *Jackalyne Pfannenstiel, of California, to mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Safety be an Assistant Secretary of the Navy. entitled ‘‘Airworthiness Directives; Airbus Zone; Atlantic Intracoastal Waterway, Oak *Douglas B. Wilson, of Arizona, to be an Model A330-200, A330-300, A340-200, A340-300 Island, NC’’ ((RIN1625-AA00)(Docket No. Assistant Secretary of Defense. Series Airplanes’’ ((RIN2120-AA64)(Docket USG-2009-1067)) received in the Office of the Air Force nomination of Col. Kory G. No. FAA-2009-0309)) received in the Office of President of the Senate on January 28, 2010; Cornum, to be Brigadier General. the President of the Senate on February 1, to the Committee on Commerce, Science, Air Force nomination of Brig. Gen. Carol 2010; to the Committee on Commerce, and Transportation. A. Lee, to be Major General. Air Force nominations beginning with Science, and Transportation. EC–4667. A communication from the Attor- EC–4659. A communication from the Pro- ney Advisor, U.S. Coast Guard, Department Brigadier General Eric W. Crabtree and end- gram Analyst, Federal Aviation Administra- of Homeland Security, transmitting, pursu- ing with Brigadier General Lance D. tion, Department of Transportation, trans- ant to law, the report of a rule entitled Undhjem, which nominations were received mitting, pursuant to law, the report of a rule ‘‘Drawbridge Operation Regulations: Harlem by the Senate and appeared in the Congres- entitled ‘‘Drug and Alcohol Testing Pro- River, New York, NY’’ ((RIN1625- sional Record on December 9, 2009. Air Force nomination of Col. Dixie A. Mor- gram; Correction’’ ((RIN2120-AJ37)(Docket AA09)(Docket No. USG-2008-0456)) received in row, to be Brigadier General. No. FAA-2008-0937)) received in the Office of the Office of the President of the Senate on Air Force nomination of Col. Paul S. the President of the Senate on February 1, January 28, 2010; to the Committee on Com- Dwan, to be Brigadier General. 2010; to the Committee on Commerce, merce, Science, and Transportation. Air Force nominations beginning with Col. Science, and Transportation. EC–4668. A communication from the Attor- Daniel B. Fincher and ending with Col. David EC–4660. A communication from the Attor- ney, U.S. Coast Guard, Department of Home- C. Wesley, which nominations were received ney Advisor, U.S. Coast Guard, Department land Security, transmitting, pursuant to by the Senate and appeared in the Congres- of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Safety sional Record on December 11, 2009. ant to law, the report of a rule entitled Zone; San Diego Parade of Lights Fireworks, Air Force nominations beginning with ‘‘Safety Zones: Fireworks Displays in the San Diego Bay, CA’’ ((RIN1625-AA00)(Docket Colonel Gary C. Blaszkiewicz and ending Captain of the Port, Portland Zone’’ No. USG-2009-0484)) received in the Office of with Colonel William O. Welch, which nomi- ((RIN1625-AA00)(Docket No. USG-2008-1096)) the President of the Senate on January 28, nations were received by the Senate and ap- received in the Office of the President of the 2010; to the Committee on Commerce, peared in the Congressional Record on De- Senate on January 28, 2010; to the Com- Science, and Transportation. cember 11, 2009. EC–4669. A communication from the Attor- mittee on Commerce, Science, and Transpor- Air Force nomination of Brig. Gen. Steven ney Advisor, U.S. Coast Guard, Department tation. J. Lepper, to be Major General. EC–4661. A communication from the Attor- of Homeland Security, transmitting, pursu- Air Force nomination of Col. Gerard A. ney Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled Caron, to be Major General. of Homeland Security, transmitting, pursu- ‘‘Drawbridge Operation Regulation; Air Force nomination of Brig. Gen. Rich- ant to law, the report of a rule entitled Bonfouca Bayou, Slidell, LA’’ ((RIN1625- ard C. Harding, to be Lieutenant General. ‘‘Safety Zone and Regulated Navigation AA09)(Docket No. USG-2009-0863)) received in Air Force nominations beginning with Area, Chicago Sanitary and Ship Canal, the Office of the President of the Senate on Brigadier General Samuel C. Heady and end- Romeoville, IL’’ ((RIN1625-AA00)(Docket No. January 27, 2010; to the Committee on Com- ing with Colonel Michael A. Wobbema, which USG-2009-1080)) received in the Office of the merce, Science, and Transportation. nominations were received by the Senate and President of the Senate on January 28, 2010; f appeared in the Congressional Record on to the Committee on Commerce, Science, January 21, 2010. and Transportation. REPORTS OF COMMITTEES Army nomination of Brig. Gen. Mary A. EC–4662. A communication from the Attor- The following reports of committees Legere, to be Major General. ney, U.S. Coast Guard, Department of Home- Army nomination of Maj. Gen. Thomas P. land Security, transmitting, pursuant to were submitted: By Mrs. BOXER, from the Committee on Bostick, to be Lieutenant General. law, the report of a rule entitled ‘‘Safety and Army nomination of Maj. Gen. Robert L. Environment and Public Works, with an Security Zone, Chicago Sanitary and Ship Caslen, Jr., to be Lieutenant General. amendment in the nature of a substitute: Canal, Romeoville, IL’’ ((RIN1625-AA00; Army nomination of Brig. Gen. Steven W. S. 1733. A bill to create clean energy jobs, RIN1625-AA87)(Docket No. USG-2009-1052)) re- Smith, to be Major General. promote energy independence, reduce global ceived in the Office of the President of the Army nomination of Brig. Gen. William D. warming pollution, and transition to a clean Senate on January 27, 2010; to the Com- Frink, Jr., to be Major General. mittee on Commerce, Science, and Transpor- energy economy (Rept. No. 111–121). Army nominations beginning with Colonel By Mr. KERRY, from the Committee on tation. Jeffrey N. Colt and ending with Colonel Don- Foreign Relations, with an amendment in EC–4663. A communication from the Attor- ald M. MacWillie, which nominations were the nature of a substitute: ney Advisor, U.S. Coast Guard, Department received by the Senate and appeared in the S. 1524. A bill to strengthen the capacity, of Homeland Security, transmitting, pursu- Congressional Record on January 26, 2010. transparency, and accountability of United ant to law, the report of a rule entitled Navy nominations beginning with Captain States foreign assistance programs to effec- ‘‘Amendment to the list of MARPOL Annex Douglas J. Asbjornsen and ending with Cap- tively adapt and respond to new challenges V Special Areas That Are Currently in Effect tain Robert J. Kamensky, which nomina- of the 21st century, and for other purposes to Add the Gulfs and Mediterranean Sea Spe- tions were received by the Senate and ap- (Rept. No. 111–122). cial Areas’’ ((RIN1625-AB41)(Docket No. peared in the Congressional Record on April By Mr. LEAHY, from the Committee on USG-2009-0273)) received in the Office of the 2, 2009. the Judiciary: President of the Senate on January 28, 2010; Report to accompany S. 369, a bill to pro- Navy nomination of Vice Adm. David to the Committee on Commerce, Science, hibit brand name drug companies from com- Architzel, to be Vice Admiral. and Transportation. pensating generic drug companies to delay Mr. LEVIN. Mr. President, for the EC–4664. A communication from the Attor- the entry of a generic drug into the market Committee on Armed Services I report ney Advisor, U.S. Coast Guard, Department (Rept. No. 111–123). of Homeland Security, transmitting, pursu- favorably the following nomination By Mr. LEAHY, from the Committee on ant to law, the report of a rule entitled lists which were printed in the the Judiciary, with amendments: RECORDS on the dates indicated, and ‘‘Consumer Price Index Adjustments of Oil S. 1749. A bill to amend title 18, United Pollution Act of 1990 Limits of Liability— States Code, to prohibit the possession or ask unanimous consent, to save the ex- Vessels and Deepwater Ports’’ ((RIN1625- use of cell phones and similar wireless de- pense of reprinting on the Executive AB25)(Docket No. USG-2008-0007)) received in vices by Federal prisoners. Calendar that these nominations lie at the Office of the President of the Senate on f the Secretary’s desk for the informa- January 28, 2010; to the Committee on Com- tion of Senators. merce, Science, and Transportation. EXECUTIVE REPORTS OF The PRESIDING OFFICER. Without EC–4665. A communication from the Attor- COMMITTEES ney Advisor, U.S. Coast Guard, Department objection, it is so ordered. of Homeland Security, transmitting, pursu- The following executive reports of Air Force nomination of Joseph E. Sand- ant to law, the report of a rule entitled ‘‘Spe- nominations were submitted: ers, to be Colonel.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S439 Air Force nomination of Chinmoy Mishra, Air Force nominations beginning with Price III, which nominations were received to be Lieutenant Colonel. Charles T. Huguelet and ending with Michael by the Senate and appeared in the Congres- Air Force nomination of Charles F. E. Savage, which nominations were received sional Record on December 15, 2009. Kimball, to be Major. by the Senate and appeared in the Congres- Navy nomination of Donald J. Sheehan, Air Force nominations beginning with sional Record on January 26, 2010. Jr., to be Captain. Minh Thu Ngoc Le and ending with Robert C. Air Force nominations beginning with Navy nomination of Matthew S. Pope, which nominations were received by Glenda K. M. Grones and ending with Nancy Flemming, to be Commander. the Senate and appeared in the Congres- A. Westbrook, which nominations were re- Navy nomination of Richard K. Dougherty, sional Record on December 2, 2009. ceived by the Senate and appeared in the to be Commander. Navy nomination of Roldan C. Mina, to be Air Force nominations beginning with Congressional Record on January 26, 2010. Noemi Algarinlozano and ending with Pat- Lieutenant Commander. Air Force nominations beginning with Navy nominations beginning with Jacob R. rick J. Williams, which nominations were re- Frank J. Archer and ending with Eduardo Hill and ending with William R. Woodfin, ceived by the Senate and appeared in the San Miguel, which nominations were re- which nominations were received by the Sen- Congressional Record on December 11, 2009. ceived by the Senate and appeared in the ate and appeared in the Congressional Air Force nominations beginning with Congressional Record on January 26, 2010. Record on January 21, 2010. David W. Bobb and ending with Robert W. Air Force nominations beginning with Navy nominations beginning with David Wishtischin, which nominations were re- Thomas J. Pizzolo and ending with Clifford W. Terhune and ending with Det R. Smith, ceived by the Senate and appeared in the Zdanowicz, Jr., which nominations were re- which nominations were received by the Sen- Congressional Record on December 11, 2009. ceived by the Senate and appeared in the ate and appeared in the Congressional Air Force nominations beginning with Congressional Record on January 26, 2010. Record on January 26, 2010. Sean W. Digman and ending with David L. Air Force nominations beginning with Navy nominations beginning with Eric R. Robinson, which nominations were received Tarn M. Abell and ending with John B. Wil- Akins and ending with Scott T. Wilbur, by the Senate and appeared in the Congres- liams, which nominations were received by which nominations were received by the Sen- sional Record on December 11, 2009. the Senate and appeared in the Congres- ate and appeared in the Congressional Air Force nominations beginning with Al- sional Record on January 26, 2010. Record on January 26, 2010. bert H. Bonnema and ending with Gianna R. Army nominations beginning with James *Nomination was reported with rec- Zeh, which nominations were received by the R. Agar II and ending with Kerry M. ommendation that it be confirmed sub- Senate and appeared in the Congressional Wheelehan, which nominations were received Record on December 11, 2009. by the Senate and appeared in the Congres- ject to the nominee’s commitment to Air Force nominations beginning with Eric sional Record on December 9, 2009. respond to requests to appear and tes- R. Baugh, Jr. and ending with Karyn E. Army nominations beginning with Olga M. tify before any duly constituted com- Young, which nominations were received by Anderson and ending with D004179, which mittee of the Senate. the Senate and appeared in the Congres- nominations were received by the Senate and (Nominations without an asterisk sional Record on December 11, 2009. appeared in the Congressional Record on De- were reported with the recommenda- Air Force nominations beginning with cember 11, 2009. tion that they be confirmed.) Adam M. Anderson and ending with Shahid Army nomination of Dawn Y. Taylor, to be f A. Zaidi, which nominations were received Major. by the Senate and appeared in the Congres- Army nominations beginning with Walter INTRODUCTION OF BILLS AND sional Record on December 11, 2009. Coffey and ending with Russell P. Reiter, JOINT RESOLUTIONS Air Force nominations beginning with which nominations were received by the Sen- Brian J. Alent and ending with Rachel A. ate and appeared in the Congressional The following bills and joint resolu- Weber, which nominations were received by Record on December 15, 2009. tions were introduced, read the first the Senate and appeared in the Congres- Army nominations beginning with Dean A. and second times by unanimous con- sional Record on December 11, 2009. Ambrose and ending with John W. Trogdon, sent, and referred as indicated: Air Force nominations beginning with Eric which nominations were received by the Sen- By Mr. LUGAR (for himself and Mr. E. Abbott and ending with Ethan Everett ate and appeared in the Congressional LEAHY): Zimmerman, which nominations were re- Record on December 15, 2009. S. 2974. A bill to establish the Return of ceived by the Senate and appeared in the Army nominations beginning with Patrick Talent Program to allow aliens who are le- Congressional Record on December 11, 2009. R. Bossetta and ending with John R. gally present in the United States to return Air Force nomination of Lawrence W. Whitford, which nominations were received temporarily to the country of citizenship of Steinkraus, Jr., to be Colonel. by the Senate and appeared in the Congres- the alien if that country is engaged in post- Air Force nominations beginning with sional Record on December 15, 2009. conflict or natural disaster reconstruction, Kristi L. Jones and ending with Bruno A. Army nomination of Bess J. Pierce, to be and for other purposes; to the Committee on Schmitz, which nominations were received Lieutenant Colonel. the Judiciary. by the Senate and appeared in the Congres- Army nominations beginning with Janine By Mr. SCHUMER (for himself, Mr. sional Record on December 15, 2009. G. Allbritton and ending with Scott J. NELSON of Florida, Ms. KLOBUCHAR, Air Force nominations beginning with Piecek, which nominations were received by Mr. DURBIN, Mrs. GILLIBRAND, Mr. Raymond King and ending with Bernhard K. the Senate and appeared in the Congres- BROWN, and Mr. FRANKEN): Stepke, which nominations were received by sional Record on January 21, 2010. S. 2975. A bill to prohibit the manufacture, the Senate and appeared in the Congres- Army nomination of Juan G. Lopez, to be sale, or distribution in commerce of chil- sional Record on December 15, 2009. Major. dren’s jewelry containing cadmium, barium, Air Force nominations beginning with Army nomination of Jeri R. Regan, to be or antimony, and for other purposes; to the Frank R. Aflague and ending with William T. Major. Committee on Commerce, Science, and Yates, which nominations were received by Army nomination of Robin T. Worch, to be Transportation. the Senate and appeared in the Congres- Major. By Mr. LEVIN: (for himself and Ms. sional Record on December 21, 2009. Army nominations beginning with Tyler E. STABENOW): Air Force nominations beginning with An- Harris and ending with Kelly A. Supple, S. 2976. A bill to designate as wilderness thony N. Dills and ending with Michael D. which nominations were received by the Sen- certain land and inland water within the Miller, which nominations were received by ate and appeared in the Congressional Sleeping Bear Dunes National Lakeshore in the Senate and appeared in the Congres- Record on January 21, 2010. the State of Michigan, and for other pur- sional Record on January 21, 2010. Army nominations beginning with Scott D. poses; to the Committee on Energy and Nat- Air Force nominations beginning with Debolt and ending with Audrey D. Wilson, ural Resources. Matthew A. Baack and ending with Rocky which nominations were received by the Sen- By Mr. GRAHAM (for himself, Mr. Zaccheus, which nominations were received ate and appeared in the Congressional LIEBERMAN, Mr. WEBB, Mr. MCCAIN, by the Senate and appeared in the Congres- Record on January 21, 2010. Mrs. LINCOLN, Mr. BENNETT, Mr. sional Record on January 21, 2010. Army nomination of Louis Gevirtzman, to CHAMBLISS, Ms. COLLINS, Mr. MCCON- Air Force nomination of David A. be Colonel. NELL, Mr. CORNYN, Mr. SESSIONS, Mr. Nordstrand, to be Colonel. Army nominations beginning with Brenda BARRASSO, Mr. CORKER, Mr. KYL, Mr. Air Force nominations beginning with M. Arzu and ending with John R. Mills, COBURN, Mr. GRASSLEY, Mr. VITTER, Helen K. Crouch and ending with Mickra H. which nominations were received by the Sen- Mr. HATCH, Mr. JOHANNS, Mr. ROB- King, which nominations were received by ate and appeared in the Congressional ERTS, Mr. ALEXANDER, Mr. PRYOR, the Senate and appeared in the Congres- Record on January 26, 2010. and Mr. THUNE): sional Record on January 26, 2010. Marine Corps nomination of Brian J. Dix, S. 2977. A bill to prohibit the use of Depart- Air Force nominations beginning with to be Major. ment of Justice funds for the prosecution in Randall B. Dell and ending with Eddie P. Marine Corps nomination of William J. Article III courts of the United States of in- Sanchez, which nominations were received Mitchell, to be Major. dividuals involved in the September 11, 2001 by the Senate and appeared in the Congres- Marine Corps nominations beginning with terrorist attacks; to the Committee on the sional Record on January 26, 2010. Sam B. Clonts, Jr. and ending with Ralph L. Judiciary.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S440 CONGRESSIONAL RECORD — SENATE February 2, 2010 By Mr. WYDEN (for himself and Mr. (Mrs. LINCOLN) was added as a cospon- title 38, United States Code, to furnish NELSON of Florida): sor of S. 827, a bill to establish a pro- hospital care, medical services, and S. 2978. A bill to extend the Caribbean gram to reunite bondholders with ma- nursing home care to veterans who Basin Economic Recovery Act, to extend the trade preferences made available to Haiti tured unredeemed United States sav- were stationed at Camp Lejeune, North under that Act, to encourage foreign invest- ings bonds. Carolina, while the water was contami- ment in Haiti, and for other purposes; to the S. 841 nated at Camp Lejeune. Committee on Finance. At the request of Mr. KERRY, the S. 1606 By Mr. LEAHY (for himself and Mr. name of the Senator from New Mexico At the request of Mr. WHITEHOUSE, KAUFMAN): (Mr. UDALL) was added as a cosponsor the name of the Senator from Colorado S. 2979. A bill to amend title 18, United States Code, to provide accountability for of S. 841, a bill to direct the Secretary (Mr. BENNET) was added as a cosponsor the criminal acts of Federal contractors and of Transportation to study and estab- of S. 1606, a bill to require foreign man- employees outside the United States, and for lish a motor vehicle safety standard ufacturers of products imported into other purposes; to the Committee on the Ju- that provides for a means of alerting the United States to establish reg- diciary. blind and other pedestrians of motor istered agents in the United States who By Mr. BENNETT (for himself, Mr. vehicle operation. are authorized to accept service of CORNYN, Mr. WICKER, Mr. VITTER, Mr. S. 891 process against such manufacturers, ENZI, Mr. BROWNBACK, Mr. INHOFE, and for other purposes. Mr. ROBERTS, and Mr. HATCH): At the request of Mr. BROWNBACK, the S. 2980. A bill to protect the democratic name of the Senator from Vermont S. 1628 process and the right of the people of the (Mr. LEAHY) was added as a cosponsor At the request of Mr. UDALL of Colo- District of Columbia to define marriage; to of S. 891, a bill to require annual disclo- rado, the names of the Senator from the Committee on Homeland Security and sure to the Securities and Exchange Indiana (Mr. BAYH) and the Senator Governmental Affairs. Commission of activities involving co- from South Dakota (Mr. JOHNSON) were By Ms. SNOWE (for herself and Mr. lumbite—tantalite, cassiterite, and added as cosponsors of S. 1628, a bill to THUNE): S. 2981. A bill to reevaluate and redirect wolframite from the Democratic Re- amend title VII of the Public Health the stimulus; to the Committee on Appro- public of Congo, and for other purposes. Service Act to increase the number of priations. S. 938 physicians who practice in underserved f At the request of Ms. LANDRIEU, the rural communities. SUBMISSION OF CONCURRENT AND name of the Senator from Massachu- S. 1682 SENATE RESOLUTIONS setts (Mr. KERRY) was added as a co- At the request of Ms. CANTWELL, the sponsor of S. 938, a bill to require the name of the Senator from Rhode Island The following concurrent resolutions President to call a White House Con- (Mr. WHITEHOUSE) was added as a co- and Senate resolutions were read, and ference on Children and Youth in 2010. sponsor of S. 1682, a bill to provide the referred (or acted upon), as indicated: S. 1067 Commodity Futures Trading Commis- By Mr. KAUFMAN (for himself, Mr. At the request of Mr. FEINGOLD, the sion with clear antimarket manipula- BROWNBACK, Mr. CASEY, Mr. KYL, Mr. tion authority, and for other purposes. FEINGOLD, Mr. WEBB, Mr. LIEBERMAN, names of the Senator from Arkansas Mr. SPECTER, Mr. MCCAIN, and Mr. (Mr. PRYOR), the Senator from Wyo- S. 1859 CORNYN): ming (Mr. BARRASSO), the Senator from At the request of Mr. ROCKEFELLER, S. Res. 405. A resolution reaffirming the Georgia (Mr. ISAKSON) and the Senator the name of the Senator from Mary- centrality of freedom of expression and press from Alabama (Mr. SESSIONS) were land (Mr. CARDIN) was added as a co- freedom as cornerstones of United States for- added as cosponsors of S. 1067, a bill to sponsor of S. 1859, a bill to reinstate eign policy and United States efforts to pro- support stabilization and lasting peace Federal matching of State spending of mote individual rights, and for other pur- poses; considered and agreed to. in northern Uganda and areas affected child support incentive payments. By Mr. VITTER (for himself, Ms. by the Lord’s Resistance Army through S. 2801 LANDRIEU, Mr. BUNNING, Mr. CASEY, development of a regional strategy to At the request of Mr. FRANKEN, the and Mr. JOHANNS): support multilateral efforts to success- name of the Senator from Oregon (Mr. S. Res. 406. A resolution recognizing the fully protect civilians and eliminate MERKLEY) was added as a cosponsor of goals of Catholic Schools Week and honoring the threat posed by the Lord’s Resist- S. 2801, a bill to provide children in fos- the valuable contributions of Catholic ance Army and to authorize funds for ter care with school stability and equal schools in the United States; considered and humanitarian relief and reconstruc- agreed to. access to educational opportunities. tion, reconciliation, and transitional S. 2913 f justice, and for other purposes. At the request of Ms. COLLINS, the ADDITIONAL COSPONSORS S. 1147 name of the Senator from Vermont S. 570 At the request of Mr. KOHL, the name (Mr. SANDERS) was added as a cospon- At the request of Mr. VITTER, the of the Senator from New Hampshire sor of S. 2913, a bill to establish a na- names of the Senator from Idaho (Mr. (Mrs. SHAHEEN) was added as a cospon- tional mercury monitoring program, CRAPO) and the Senator from Kansas sor of S. 1147, a bill to prevent tobacco and for other purposes. (Mr. BROWNBACK) were added as cospon- smuggling, to ensure the collection of S. 2924 all tobacco taxes, and for other pur- sors of S. 570, a bill to stimulate the At the request of Mr. LEAHY, the poses. economy and create jobs at no cost to name of the Senator from Indiana (Mr. the taxpayers, and without borrowing S. 1153 LUGAR) was added as a cosponsor of S. money from foreign governments for At the request of Mr. SCHUMER, the 2924, a bill to reauthorize the Boys & which our children and grandchildren name of the Senator from Oregon (Mr. Girls Clubs of America, in the wake of will be responsible, and for other pur- WYDEN) was added as a cosponsor of S. its Centennial, and its programs and poses. 1153, a bill to amend the Internal Rev- activities. S. 753 enue Code of 1986 to extend the exclu- f At the request of Mr. SCHUMER, the sion from gross income for employer- name of the Senator from Massachu- provided health coverage for employ- STATEMENTS ON INTRODUCED setts (Mr. KERRY) was added as a co- ees’ spouses and dependent children to BILLS AND JOINT RESOLUTIONS sponsor of S. 753, a bill to prohibit the coverage provided to other eligible des- By Mr. LEVIN: manufacture, sale, or distribution in ignated beneficiaries of employees. S. 2976. A bill to designate as wilder- commerce of children’s food and bev- S. 1518 ness certain land and inland water erage containers composed of bisphenol At the request of Mr. BURR, the within the Sleeping Bear Dunes Na- A, and for other purposes. names of the Senator from Mississippi tional Lakeshore in the State of Michi- S. 827 (Mr. WICKER) and the Senator from gan, and for other purposes; to the At the request of Mr. ROCKEFELLER, Georgia (Mr. ISAKSON) were added as Committee on Energy and Natural Re- the name of the Senator from Arkansas cosponsors of S. 1518, a bill to amend sources.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S441 Mr. LEVIN. Mr. President, today I ness designation would ensure that formed of his rights under our criminal am introducing with Senator current and future generations will be code, including the right to remain si- STABENOW the Sleeping Bear Dunes Na- able to enjoy solitude and recreation in lent. Without consulting the intel- tional Lakeshore Conservation and these treasured areas. Even as the ligence community, the Department of Recreation Act, which would perma- Sleeping Bear dunes are ever-changing Justice limited the tools used to gather nently protect 32,557 acres within the as they are sculpted by the wind, it is intelligence and potentially prevent fu- extraordinarily beautiful Sleeping Bear critical that we protect these and other ture terrorist attacks. Dunes National Lakeshore located in natural assets from being altered by The administration is returning to the Michigan counties of Leelanau and development. I hope we can have the idea that terrorism can be inves- Benzie. This legislation reflects the prompt consideration of this bill by the tigated by the FBI and prosecuted 2008 National Park Service wilderness Senate. rather than relying on our intelligence proposal, which was the result of a community and military to disrupt at- lengthy public process beginning in By Mr. GRAHAM (for himself, tacks. The United States should not re- 2006, and culminating in broad public Mr. LIEBERMAN, Mr. WEBB, Mr. vert to the days where we waited for an support for the proposal. The wilder- MCCAIN, Mrs. LINCOLN, Mr. BEN- attack to occur, then investigated it ness designation improves upon a 1981 NETT, Mr. CHAMBLISS, Ms. COL- and prosecuted it. We must work ac- recommendation by ensuring that ac- LINS, Mr. MCCONNELL, Mr. tively to disrupt terrorist attacks be- cess to recreational areas is provided CORNYN, Mr. SESSIONS, Mr. fore they take the lives of Americans. while protecting lands in their natural BARRASSO, Mr. CORKER, Mr. We must work actively to deny ter- condition. KYL, Mr. COBURN, MR. GRASS- rorist safe havens and financing. The While there currently are no areas in LEY, Mr. VITTER, Mr. HATCH, most successful way to disrupt and the Lakeshore formally designated as Mr. JOHANNS, Mr. ROBERTS, Mr. deny terrorist activity is through the wilderness, the National Park Service ALEXANDER, Mr. PRYOR, and intelligence we gather on individuals has been managing 30,903 acres as wil- Mr. THUNE): prior to a criminal or terrorist act oc- derness since 1982, when an amendment S. 2977. A bill to prohibit the use of curring or from those individuals after to the park’s enabling legislation re- Department of Justice for the prosecu- they have made such an attempt. quired the Park Service to manage tion in Article III courts of the United Treating these terrorists as common land recommended as wilderness in 1981 States of individuals involved in the criminals will put our communities in in this manner ‘‘until Congress deter- September 11, 2001 terrorist attacks; to danger, toll the taxpayers, and cause mines otherwise.’’ The legislation I am the Committee on the Judiciary. the government to miss valuable intel- introducing today would modify some- Mr. CHAMBLISS. Mr. President, I ligence collection opportunities. For what which areas would be managed as rise to speak about this administra- example, bringing the five 9/11 con- wilderness to ensure visitors continue tion’s decision to try the 9/11 conspira- spirators to New York City is esti- to have access to these lands. The bill tors and the Christmas bomber in our mated to cost over $200 million per specifically excludes developed county civilian criminal justice system. year just in enhanced security. This roads and State highways from the wil- Prosecuting the five 9/11 conspirators does not include the cost to millions of derness area such that access is not im- currently detained at the Guantanamo New Yorkers and businesses who will peded for recreation and other pur- Bay detention facility, as well as the have to adjust their way of life to ac- poses. Several areas for boat launching Christmas bomber, Umar Farouk commodate these trials. Meanwhile, and historic structures have also been Abdulmutallab, in article III criminal this will allow terrorists to mock our excluded from the wilderness designa- court indicates a disturbing tendency justice system and use it as a stage to tion. Even with these exclusions, the by this administration to make ter- espouse their jihadist beliefs and ex- overall acreage that would be des- rorism a law enforcement priority pose our intelligence sources and meth- ignated as wilderness is slightly more rather than an intelligence priority. It ods. We have already seen Zacarias than the area currently managed as a mistake to treat terrorism as a law Moussaoui use his trial in Virginia to wilderness because Sleeping Bear Pla- enforcement problem alone, a mistake spout al-Qaida propaganda and to try teau would be protected. Importantly, that is only compounded by the fact to portray himself as a martyr. Mean- the wilderness designation would still that the intelligence community was while, terrorism trials during the 1990s allow hunting and fishing, trail-use, not even consulted before they were in our criminal courts exposed sen- and camping at Sleeping Bear Dunes prevented from gathering any intel- sitive and classified information to, National Lakeshore. Also, motor boats ligence from Abdulmutallab, a member among others, Osama bin Laden, in- would still be allowed in Lake Michi- of a terrorist organization sworn to be cluding the fact that the U.S. intel- gan, and boaters would be allowed to at war with America. As the 9/11 Com- ligence community was targeting his beach their craft on beaches adjacent mission found: communications. to the wilderness area. An unfortunate consequence of this superb Let me be clear. These are not com- The bill was carefully crafted to en- investigative and prosecutorial effort was mon criminals, and they should not be sure that the wilderness designation that it created an impression that the law treated as such. The five terrorists re- would apply only to areas currently enforcement system was well equipped to sponsible for planning and organizing undeveloped and possessing natural cope with terrorism. the September 11, 2001, terrorist at- characteristics and values. There are As we know from an examination of tacks—including self-proclaimed 9/11 five areas that would be designated as events before 9/11, law enforcement mastermind Khalid Shaikh Moham- wilderness by this legislation. Most of means alone cannot eliminate the med—should not be entitled to receive North and South Manitou Islands threat from al-Qaida. the same legal treatment as our Con- would be designated as wilderness, with After Abdulmutallab failed to deto- stitution gives to common criminals in some exclusions for boat launching, nate an explosive device on Northwest this country. These terrorists com- roads, and historic structures. Wilder- flight 253, he was taken into custody by mitted an act of war, an act that led us ness would also be designated in the law enforcement. Other than the Fed- to an armed conflict in Afghanistan, north, central, and southern parts of eral Bureau of Investigation, no mem- where, today, more than 8 years later, the Lakeshore on the mainland. In the ber of the intelligence community—in our troops are still battling al-Qaida. mainland areas there are also exclu- particular, the Central Intelligence These terrorists should face justice sions for roads and recreational and Agency—had the opportunity to ques- through the military commission proc- historic features. tion Abdulmutallab and gather intel- ess for the atrocities they committed— The dramatic dunes, sandy beaches, ligence. The Department of Justice the same process that had already steep bluffs, forests, inland lakes, agri- should have foreseen that a dedicated charged these five terrorists and began cultural lands, and historic structures terrorist, intent on committing suicide over a year ago; the same process that of Sleeping Bear Dunes National Lake- and harming Americans, would not be KSM already pleaded guilty under but shore embody the rich natural and cul- willing to cooperate with U.S. law en- that the President abolished as soon as tural history of Michigan. This wilder- forcement, especially after being in- he took office.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S442 CONGRESSIONAL RECORD — SENATE February 2, 2010 For these reasons, I joined a bipar- production bottlenecks, and com- Each of these members is a vociferous tisan group of Senators, today, in in- pounded existing challenges such as champion of Haitian economic develop- troducing legislation that would pro- lack of industrial space, poor road and ment, promoted in part by thoughtful hibit funding for the prosecuting of the port conditions, unreliable electricity, trade and investment policies. 9/11 conspirators in our U.S. criminal and the high cost of capital. I encourage all my colleagues to join article III courts. As of January 2010, Haiti’s apparel in- in supporting this critical legislation Under his Constitutional authority dustry is reportedly running at 50 per- to help Haitians who were flattened as Commander in Chief, along with the cent of capacity as a result of the both economically and literally by last Congressional Authorization for the earthquake. Producers hope to increase month’s earthquake get back on their Use of Military Force, the President production to 70 percent of capacity in feet. has the authority—and the responsi- the next 4–6 weeks, depending on im- By Mr. LEAHY (for himself and bility—to detain the 9/11 conspirators provements to electricity and water Mr. KAUFMAN): and Abdulmutallab because of their ac- supplies. S. 2979. A bill to amend title 18, Most apparel imports from Haiti tions on behalf of al-Qaida, and to pur- United States Cose, to provide account- come into the U.S. free of duties, be- sue trial by military commission—an ability for the criminal acts of Federal option the President determined appro- cause of provisions in the Caribbean contractors and employees outside the priate for other terrorits, such as Abd Basin Trade Partnership Act, CBTPA. United States, and for other purposes; al-Rahim al-Nashiri, who was respon- Unfortunately, these provisions expire to the Committee on the Judiciary. sible for the USS Cole bombing. In- in September of this year. This expira- Mr. LEAHY. Mr. President, over the stead, by prosecuting Abdulmutallab tion is dampening interest in placing past year, President Obama has been and the 9/11 conspirators in criminal additional apparel orders, so it is crit- working hard to restore America’s court, and Nashiri and others by mili- ical that Congress extend this impor- credibility in the world and our reputa- tary commission, it creates the impres- tant program, and do so expeditiously. tion for justice and our commitment to sion that terrorists are rewarded with The Renewing Hope for Haitian Trade the rule of law. A key component of the full complement of rights and and Investment Act of 2010 would ex- that important mission is ensuring ac- privileges of an American if they at- tend CBTPA for an additional 3 years. countability for American contractors tack defenseless civilians at home, but Increasingly, producers are using a and employees overseas. Account- not if they attack our government or new program called the Hemispheric ability is crucial, not just for our military interests abroad. This will Opportunity through Partnership En- image abroad and our diplomatic rela- only further incentivize terrorists to couragement, HOPE, program to send tions, but for ensuring our national se- attack our homeland. Haitian apparel to the U.S. free of curity. As the attempted terrorists attack duty. While utilization of this program, To restore accountability, Congress on Christmas Day illustrates, al-Qaida which began in 2006, is growing, it must make sure that our criminal laws does not need further incentive to at- faced early challenges and has since reach serious misconduct by American tack America. They are focused on and been amended. The amendments have government employees and contractors engaged in harming Americans here been helpful, but extending this pro- wherever they act. Today, I join with and abroad. As such, it is critical that gram would help send a signal to po- Senator KAUFMAN to introduce the Ci- our intelligence community have every tential investors to go into Haiti and vilian Extraterritorial Jurisdiction opportunity to gain information so we build the factories that will employ Act, CEJA, to accomplish this impor- can stay one step ahead of any related hundreds or thousands more Haitian tant and common sense goal. terrorists threats. Obtaining intel- workers. The Renewing Hope for Hai- Tragic events in Iraq in 2007 made ligence first rather than affording con- tian Trade and Investment Act would clear the need to strengthen the laws stitutional rights to a foreign terrorist ‘‘restart the clock’’ on the HOPE pro- providing for jurisdiction over Amer- ican government employees and con- is an obvious solution. Treating mem- gram and extend it through 2022. tractors working abroad. In September bers of al-Qaida the same as we treat Furthermore, a challenging invest- 2007, Blackwater security contractors others captured on the battlefield is ment climate and cumbersome Cus- working for the State Department shot another. toms procedures for moving goods in and out of Haiti are imposing signifi- more than 20 unarmed civilians on the By Mr. WYDEN (for himself and cant challenges to private-sector Hai- streets of Baghdad, killing at least 14 Mr. NELSON of Florida): tian producers. The Renewing Hope for of them, and causing an international S. 2978. A bill to extend the Carib- Haitian Trade and Investment Act incident with the Iraqi government. The Federal Bureau of Investigation, bean Basin Economic Recovery Act, to would help in these areas, too. FBI, conducted a full-scale criminal in- extend the trade preferences made Over the past few weeks, I have vestigation of the Blackwater shoot- available to Haiti under that Act, to reached out to a broad group of stake- ings, and prosecutors brought indict- encourage foreign investment in Haiti, holders in order to identify the near- ments against five contractors. Last and for other purposes; to the Com- term challenges that face Haiti’s ap- month, a Federal district judge dis- parel production industry. We focused mittee on Finance. missed all the charges because of an Mr. WYDEN. Mr. President, today I on identifying short-term constraints order from the past administration im- am pleased to introduce legislation to that exist because of the January munizing Blackwater contractors help encourage Haitian economic de- earthquake. I look forward to con- under Iraqi law and immunity commit- velopment, by promoting U.S.-Haitian tinuing to work with these stake- ments by the prior administration to trade and investment. The legislation, holders going forward in order to en- obtain the testimony of some. Al- the Renewing Hope for Haitian Trade sure quick passage of a bill that has a though the Justice Department is ex- and Investment Act of 2010, would in maximum amount of consensus be- pected to appeal the dismissals, this part renew provisions of U.S. trade law tween U.S. and Haitian producers, non- could mean that those who perpetrated that are currently scheduled to expire governmental organizations, and oth- this act will not be held accountable. I and which have been critical to the ers. believe that, had jurisdiction for these growth of the Haitian apparel sector, I would particularly like to acknowl- offenses been clear, FBI agents would which sustains tens of thousands of edge the leadership of Senator BILL have been on the scene immediately, jobs in Haiti. NELSON on this proposal. His keen un- which could well have prevented the Apparel is a core industry sector in derstanding of Haiti and how U.S. problems that have plagued the case. Haiti, accounting for an estimated trade laws work to help Haitian eco- Other incidents have made all too 25,000 jobs and 75–80 percent of Haiti’s nomic development was critical to con- clear that the Blackwater case was not export earnings. structing this legislation. I look for- an isolated incident of contractor mis- The devastating January 12 earth- ward to working with Senators NEL- conduct, and accountability for U.S. quake in Haiti caused widespread dam- SON, BAUCUS, GRASSLEY, and Chairmen Government contractors and employ- age to the industry. The damage has RANGEL and LEVIN on this proposal and ees is essential. Private security con- caused transportation and assembly other ideas to spur Haiti’s economy. tractors have been involved in violent

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S443 incidents in Iraq, including other agencies have employees, and in recent S. 2979 shooting incidents in which civilians years, more and more private contrac- Be it enacted by the Senate and House of Rep- have been seriously injured or killed. tors, working abroad. There must be resentatives of the United States of America in In these cases too, there have not been accountability for all of these people Congress assembled, prosecutions. who represent our Government over- SECTION 1. SHORT TITLE. Last fall, the Senate Judiciary Com- This Act may be cited as the ‘‘Civilian seas. In those instances where the local Extraterritorial Jurisdiction Act (CEJA) of mittee heard testimony from Jamie justice system may be less fair, this ex- 2010’’. Leigh Jones, a young woman from plicit jurisdiction will also protect SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS Texas who took a job with Halliburton Americans by providing the option of OF FEDERAL CONTRACTORS AND in 2005 when she was 20 years old. In prosecuting them in the U.S., rather EMPLOYEES OUTSIDE THE UNITED her first week on the job, she was than leaving them subject to hostile STATES. (a) EXTRATERRITORIAL JURISDICTION OVER drugged and gang-raped by co-workers. and unpredictable local courts. FEDERAL CONTRACTORS AND EMPLOYEES.— When she reported this assault, her em- Not only will this bill help to provide Chapter 212A of title 18, United States Code, ployers moved her to a locked trailer, justice in cases where there has been is amended— where she was kept by armed guards none, it will improve our national secu- (1) by transferring the text of section 3272 and denied even access to a phone. rity by allowing prosecution of those to the end of section 3271, redesignating such Only after pleading with her captors who undermine our efforts to create text as subsection (c) of section 3271, and, in was she eventually given use of a stability and improve foreign relations. such text, as so redesignated, by striking phone. She called her father, who con- ‘‘this chapter’’ and inserting ‘‘this section’’; By ensuring accountability in cases of (2) by striking the heading of section 3272; tacted her Congressman, who in turn wrongdoing against citizens of the host and contacted the State Department. State country, as in the Blackwater case, we (3) by adding after section 3271, as amended Department officials were able to free will increase international trust and by this subsection, the following new sec- her. Ms. Jones testified about the arbi- cooperation, including from those tions: tration clause in her contract that pre- countries most essential to our ‘‘§ 3272. Offenses committed by Federal con- vented her from suing Halliburton for counter-terrorism and national secu- tractors and employees outside the United this outrageous conduct, and Congress rity efforts. The current lack of ac- States has moved to change the civil law to countability reduces international con- ‘‘(a) Whoever, while employed by or accom- prevent that kind of injustice. Today fidence in our military and our Govern- panying any department or agency of the we seek to fix the outdated criminal United States other than the Armed Forces, ment, which undermines our national knowingly engages in conduct (or conspires laws that have also contributed to the defense. Moreover, the talented men or attempts to engage in conduct) outside failure to bring those who perpetrated and women we need to advance our na- the United States that would constitute an this heinous crime to justice. tional security efforts will be more offense enumerated in subsection (c) had the Unfortunately, many other women likely to step forward and serve if we conduct been engaged in within the United have encountered similar abuse and stamp out the lawless atmosphere in States or within the special maritime and have similarly seen their attackers es- places like Iraq and Afghanistan. territorial jurisdiction of the United States cape any accountability. Also last shall be punished as provided for that of- The legislation we introduce today fense. year, we learned that contractors hired would further increase accountability ‘‘(b) No prosecution for an offense may be to secure the American Embassy in Af- by providing additional resources and commenced against a person under this sec- ghanistan engaged in various forms of creating new units to investigate tion if a foreign government, in accordance outrageous conduct but there, too, wrongdoing by contractors and em- with jurisdiction recognized by the United there have been no prosecutions. It is ployees abroad and by calling on the States, has prosecuted or is prosecuting such time to correct this injustice. person for the conduct constituting the of- Attorney General and the Justice De- fense, except upon the approval of the Attor- I worked with Senator SESSIONS and partment’s Inspector General to report ney General or the Deputy Attorney General others in 2000 to pass the Military to Congress on investigations under (or a person acting in either such capacity), Extraterritorial Jurisdiction Act, this bill. which function of approval may not be dele- MEJA, and then again to amend it in In the past, legislation in this area gated. 2004, so that U.S. criminal laws would has been bipartisan. I hope it will be ‘‘(c) The offenses covered by subsection (a) are the following: extend to all members of the U.S. mili- again. Senator KAUFMAN and I are will- tary, to those who accompany the mili- ‘‘(1) Any offense under chapter 5 (arson) of ing to work to address any concerns this title. tary, and to all contractors who sup- with this legislation and to ensure that ‘‘(2) Any offense under section 111 (assault- port the Defense Department mission it promises justice in a way that ing, resisting, or impeding certain officers or overseas. We wanted to make sure that strengthens, rather than weakens, our employees), 113 (assault within maritime and all contractors working alongside the national security. Congressman PRICE territorial jurisdiction), or 114 (maiming U.S. military or protecting U.S. inter- is introducing a companion bill in the within maritime and territorial jurisdiction) ests overseas were held to the same House. I hope that we will be able to of this title, but only if the offense is subject standard that they would be at home. rapidly pass this important reform into to a maximum sentence of imprisonment of We pay these contractors with tax- one year or more. law. ‘‘(3) Any offense under section 201 (bribery payers’ money, they represent the U.S. As we seek to restore our Nation’s of public officials and witnesses) of this title. overseas, and they should be held to historic role as one of responsible lead- ‘‘(4) Any offense under section 499 (mili- the same standards as our military. ership in the world, we must ensure tary, naval, or official passes) of this title. In 2007, I worked with then-Senator that the values that brought us to that ‘‘(5) Any offense under section 701 (official Obama and with Senators SESSIONS and leadership are firmly in place. One of badges, identifications cards, and other in- SPECTER on further legislation which those great American values is the rule signia), 702 (uniform of armed forces and would have amended MEJA to make of law. No one should be above the law, Public Health Service), 703 (uniform of sure that all security contractors, not certainly not American employees and friendly nation), or 704 (military medals or decorations) of this title. just those supporting the Defense De- contractors representing this great na- ‘‘(6) Any offense under chapter 41 (extor- partment, are accountable under U.S. tion throughout the world. This com- tion and threats) of this title, but only if the law. mon sense bill would promote the rule offense is subject to a maximum sentence of Today, we introduce a bill that would of law throughout the world and make imprisonment of three years or more. finally address this issue in a com- us stronger in the process. I hope Sen- ‘‘(7) Any offense under chapter 42 (extor- prehensive way, establishing clearly ators on both sides of the aisle will join tionate credit transactions) of this title. that all U.S. Government employees us. ‘‘(8) Any offense under section 924(c) (use of and contractors who commit crimes Mr. President, I ask unanimous con- firearm in violent or drug trafficking crime) while working abroad can be charged or 924(o) (conspiracy to violate section 924(c)) sent that the text of the bill be printed of this title. and tried in the United States under in the RECORD. ‘‘(9) Any offense under chapter 50A (geno- U.S. law. The State Department, the There being no objection, the text of cide) of this title. U.S. Agency for International Develop- the bill was ordered to be printed in ‘‘(10) Any offense under section 1111 (mur- ment, and numerous other Government the RECORD, as follows: der), 1112 (manslaughter), 1113 (attempt to

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Armed Forces, which contractor, contractor fully by a person, while employed by or ac- ‘‘(12) Any offense under section 1503 (influ- employee, grantee, or grantee employee is companying any department or agency of encing or injuring officer or juror generally), supporting a program, project, or activity the United States other than the Armed 1505 (obstruction of proceedings before de- for a department or agency of the United Forces; or partments, agencies, and committees), 1510 States other than the Armed Forces; (ii) a person or persons are killed or seri- (obstruction of criminal investigations), 1512 ‘‘(B) residing with such civilian employee, ously injured, or property valued greater (tampering with a witness, victim, or in- contractor, contractor employee, grantee, or than $10,000 is destroyed, as a result of con- formant), or 1513 (retaliating against a wit- grantee employee outside the United States; duct by a person, while employed by or ac- ness, victim, or an informant) of this title. and companying any department or agency of ‘‘(13) Any offense under section 1951 (inter- ‘‘(C) not a national of or ordinarily resi- the United States other than the Armed ference with commerce by threats or vio- dent in the host nation. Forces. lence), 1952 (interstate and foreign travel or ‘‘(3) The term ‘grant agreement’ means a (2) RULE OF CONSTRUCTION.—Nothing in this transportation in aid of racketeering enter- legal instrument described in section 6304 or subsection shall be construed to limit any prises), 1956 (laundering of monetary instru- 6305 of title 31, other than an agreement be- authority of the Attorney General or any ments), 1957 (engaging in monetary trans- tween the United States and a State, local, Federal law enforcement agency to inves- actions in property derived from specified or foreign government or an international tigate violations of Federal law or deploy unlawful activity), 1958 (use of interstate organization. personnel overseas. commerce facilities in the commission of ‘‘(4) The term ‘grantee’ means a party, (b) RESPONSIBILITIES OF ATTORNEY GEN- murder for hire), or 1959 (violent crimes in other than the United States, to a grant ERAL.— aid of racketeering activity) of this title. agreement. (1) INVESTIGATION.—The Attorney General ‘‘(14) Any offense under section 2111 (rob- ‘‘(5) The term ‘Armed Forces’ has the shall have principal authority for the en- bery or burglary within special maritime and meaning given the term ‘armed forces’ in forcement of chapter 212A of title 18, United territorial jurisdiction) of this title. section 101(a)(4) of title 10. States Code (as so amended), and shall have ‘‘(15) Any offense under chapter 109A (sex- ‘‘§ 3273. Regulations the authority to initiate, conduct, and super- ual abuse) of this title. ‘‘The Attorney General, after consultation vise investigations of any alleged offenses ‘‘(16) Any offense under chapter 113B (ter- with the Secretary of Defense, the Secretary under such chapter. rorism) of this title. of State, and the Director of National Intel- (2) ARREST.—The Attorney General may ‘‘(17) Any offense under chapter 113C (tor- ligence, shall prescribe regulations gov- designate and authorize any person serving ture) of this title. erning the investigation, apprehension, de- in a law enforcement position in the Depart- ‘‘(18) Any offense under chapter 115 (trea- tention, delivery, and removal of persons de- ment of Justice or any person serving in a son, sedition, and subversive activities) of scribed in sections 3271 and 3272 of this law enforcement position in any other de- this title. title.’’. partment or agency of the Federal Govern- ‘‘(19) Any offense under chapter 118 (war (b) CONFORMING AMENDMENT.—The heading ment, including a member of the Diplomatic crimes) of this title. of chapter 212A of such title is amended to Security Service of the Department of State ‘‘(20) Any offense under section 401 (manu- read as follows: or a military police officer of the Armed facture, distribution, or possession with in- ‘‘CHAPTER 212A—EXTRATERRITORIAL JU- Forces, to arrest outside the United States, tent to distribute a controlled substance) or RISDICTION OVER OFFENSES OF CON- in accordance with applicable international 408 (continuing criminal enterprise) of the TRACTORS AND CIVILIAN EMPLOYEES treaties, any person described in section 3271 Controlled Substances Act (21 U.S.C. 841, OF THE FEDERAL GOVERNMENT’’. or 3272 of title 18, United States Code (as so 848), or under section 1002 (importation of (c) CLERICAL AMENDMENTS.— amended), if there is probable cause to be- controlled substances), 1003 (exportation of (1) TABLE OF SECTIONS.—The table of sec- lieve such person committed an offense or of- controlled substances), or 1010 (import or ex- tions at the beginning of chapter 212A of fenses in such section 3271 or 3272. port of a controlled substance) of the Con- title 18, United States Code, is amended by (3) PROSECUTION.—The Attorney General trolled Substances Import and Export Act (21 striking the item relating to section 3272 and may establish such procedures the Attorney U.S.C. 952, 953, 960), but only if the offense is inserting the following new items: General considers appropriate to ensure that subject to a maximum sentence of imprison- Federal law enforcement agencies refer of- ‘‘3272. Offenses committed by Federal con- ment of 20 years or more. fenses under section 3271 or 3272 of title 18, tractors and employees outside ‘‘(d) In this section: United States Code (as so amended), to the the United States. ‘‘(1) The term ‘employed by any depart- ‘‘3273. Regulations.’’. Attorney General for prosecution in a uni- ment or agency of the United States other form and timely manner. than the Armed Forces’ means— (2) TABLE OF CHAPTERS.—The item relating (4) ASSISTANCE ON REQUEST OF ATTORNEY ‘‘(A) employed as a civilian employee, a to chapter 212A in the table of chapters at GENERAL.—Notwithstanding any statute, contractor (including a subcontractor at any the beginning of part II of such title is rule, or regulation to the contrary, the At- tier), an employee of a contractor (or a sub- amended to read as follows: torney General may request assistance from contractor at any tier), a grantee (including ‘‘212A. Extraterritorial Jurisdiction the Secretary of Defense, the Secretary of a contractor of a grantee or a subgrantee or Over Offenses of Contractors and State, or the head of any other Executive subcontractor at any tier), or an employee of Civilian Employees of the Federal agency to enforce section 3271 or 3272 of title a grantee (or a contractor of a grantee or a Government ...... 3271’’. 18, United States Code (as so amended). The subgrantee or subcontractor at any tier) of SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR assistance requested may include the fol- any department or agency of the United AND EMPLOYEE OVERSIGHT. lowing: States other than the Armed Forces; (a) ESTABLISHMENT OF INVESTIGATIVE UNITS (A) The assignment of additional personnel ‘‘(B) present or residing outside the United FOR CONTRACTOR AND EMPLOYEE OVER- and resources to an Investigative Unit for States in connection with such employment; SIGHT.— Contractor and Employee Oversight estab- ‘‘(C) in the case of such a contractor, con- (1) IN GENERAL.—The Attorney General, in lished by the Attorney General under sub- tractor employee, grantee, or grantee em- consultation with the Secretary of Defense, section (a). ployee, such employment supports a pro- the Secretary of State, the Secretary of (B) An investigation into alleged mis- gram, project, or activity for a department Homeland Security, and the heads of any conduct or arrest of an individual suspected or agency of the United States other than other departments or agencies of the Federal of alleged misconduct by agents of the Diplo- the Armed Forces; and Government responsible for employing con- matic Security Service of the Department of ‘‘(D) not a national of or ordinarily resi- tractors or persons overseas— State present in the nation in which the al- dent in the host nation. (A) shall assign adequate personnel and re- leged misconduct occurs. ‘‘(2) The term ‘accompanying any depart- sources through the creation of units (to be (5) ANNUAL REPORT.—Not later than one ment or agency of the United States other known as ‘‘Investigative Units for Con- year after the date of the enactment of this than the Armed Forces’ means— tractor and Employee Oversight’’) to inves- Act, and annually thereafter for five years, ‘‘(A) a dependant of— tigate allegations of criminal offenses under the Attorney General shall, in consultation ‘‘(i) a civilian employee of any department chapter 212A of title 18, United States Code with the Secretary of Defense and the Sec- or agency of the United States other than (as amended by section 2(a) of this Act), and retary of State, submit to Congress a report the Armed Forces; or may authorize the overseas deployment of containing the following:

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S445 (A) The number of offenses under chapter ing him to analyze unobligated funds whether programs are working as in- 212A of title 18, United States Code (as so in the American Recovery and Rein- tended, it is only appropriate that the amended), received, investigated, and re- vestment Act to determine whether administration complete the first step ferred for prosecution by Federal law en- they should be reprogrammed to offset of this process and provide Congress forcement authorities during the previous year. the cost of future stimulus legislation. with a list of spending that could be re- (B) The number of prosecutions under Although my letter requested a re- directed. Once it does so, I will cer- chapter 212A of title 18, United States Code sponse by January 1, the administra- tainly insist that Congress discharge (as so amended), including the nature of the tion, who is solely responsible for dis- its responsibility of carefully evalu- offenses and any dispositions reached, during tributing stimulus spending, has de- ating the administration’s proposals. the previous year. clined to do so. The Administration Individuals seeking relief from the re- (C) The number, location, and any deploy- also opted against including any re- cession that has so ravaged our econ- ments of Investigative Units for Contractor lated proposals in its just-released Fis- omy expect nothing less as it is unfair and Employee Oversight to investigate of- cal Year 2011 Budget. I find it incon- fenses under chapter 212A of title 18, United to waste dollars that could be more States Code (as so amended), during the pre- ceivable that there are no funds that beneficial elsewhere, and future gen- vious year. should be redirected, and thus the Ad- erations who will have to repay today’s (D) Such recommendations for legislative ministration has concluded that every deficits will thank us as well. or administrative action as the Attorney dollar we approved last February is Mr. President, I ask unanimous con- General considers appropriate to enforce working precisely as intended. Addi- sent that the text of the bill be printed chapter 212A of title 18, United States Code tionally, I am particularly concerned in the RECORD. (as so amended), and the provisions of this by proposals to pay for additional stim- There being no objection, the text of section. ulus by reducing the authorization (c) EXECUTIVE AGENCY.—In this section, the bill was ordered to be printed in the term ‘‘Executive agency’’ has the mean- level for the Troubled Asset Relief Pro- the RECORD, as follows: ing given that term in section 105 of title 5, gram, TARP, as the House did last De- S. 2981 United States Code. cember. The fact is that further stim- Be it enacted by the Senate and House of Rep- SEC. 4. EFFECTIVE DATE. ulus spending claimed to be offset by resentatives of the United States of America in (a) IMMEDIATE EFFECTIVENESS.—This Act reducing TARP’s authorization level Congress assembled, and the amendments made by this Act shall would still increase the deficit relative SECTION 1. SHORT TITLE. take effect on the date of the enactment of to simply not using additional TARP This Act may be cited as the ‘‘Reevaluate this Act. funds at all. and Redirect the Stimulus Act of 2010’’. (b) IMPLEMENTATION.—The Attorney Gen- Despite OMB’s inattention to my re- SEC. 2. OMB CERTIFICATION. eral and the head of any other department or quest, the administration and Congress Not later 15 days after the date of enact- agency of the Federal Government to which ment of this Act, the Director of the Office this Act applies shall have 90 days after the both remain accountable to ensure of Management and Budget (referred to in date of the enactment of this Act to ensure that each dollar we spend on stimulus this Act as the ‘‘Director’’) shall provide to compliance with the provisions of this Act. either creates jobs at a greater rate or protects displaced individuals at a Congress— SEC. 5. RULE OF CONSTRUCTION. (1) a list of programs that have unobligated Nothing in this Act or any amendment lower cost than competing policies on stimulus funds provided under the American made by this Act shall be construed to limit the table. To the degree that either the Reinvestment and Recovery Act of 2009 and or affect the application of extraterritorial tax or spending proposals President the amounts that are unobligated; and jurisdiction related to any other Federal Obama has or that members of Con- (2) a list of stimulus funds that remain un- law. gress want to pursue are more bene- obligated that the Director recommends be SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ficial than proceeding to obligate funds redirected toward more effective programs For each of the fiscal years 2010 through to either assist displaced workers or spur job 2015, there are authorized to be appropriated still available in the American Recov- ery and Reinvestment Act, the admin- creation in 2010 with a breakdown of the to the Attorney General such sums as are amounts of unobligated funds that could be necessary to carry out this Act. istration and Congress should assess reprogrammed by program. the possibility of redirecting those re- By Ms. SNOWE (for herself and sources. We simply cannot afford to be f Mr. THUNE): poor fiscal stewards and engage in SUBMITTED RESOLUTIONS S. 2981. A bill to reevaluate and redi- wasteful spending that will rob future rect the stimulus; to the Committee on generations of prosperity. Appropriations. To fulfill this fundamental obliga- SENATE RESOLUTION 405—RE- Ms. SNOWE. Mr. President, I rise tion, the legislation I am offering AFFIRMING THE CENTRALITY OF today with my friend and colleague today would make it a statutory re- FREEDOM OF EXPRESSION AND Senator THUNE to introduce the Re- quirement for OMB, within the next 15 PRESS FREEDOM AS CORNER- evaluate and Redirect the Stimulus days, to provide Congress with a list of STONES OF UNITED STATES Act of 2010 that would require the provisions from the stimulus for which FOREIGN POLICY AND UNITED Obama Administration’s Office of Man- there remain funds that have not yet STATES EFFORTS TO PROMOTE agement and Budget, OMB, to make been obligated. Second, OMB would be INDIVIDUAL RIGHTS, AND FOR proposals to redirect stimulus funds required to provide Congress with a list OTHER PURPOSES approved in last year’s $787 billion of programs included in the stimulus Mr. KAUFMAN (for himself, Mr. American Recovery and Reinvestment with remaining unobligated funds that BROWNBACK, Mr. CASEY, Mr. KYL, Mr. Act. Although I supported the stimulus it recommends be redirected toward FEINGOLD, Mr. WEBB, Mr. LIEBERMAN, and favor the continuation of pro- more effective programs to either as- Mr. SPECTER, Mr. MCCAIN, and Mr. growth policies, given that the federal sist the displaced, or spur job creation. CORNYN) submitted the following reso- deficit for Fiscal Year 2009 was a stag- Once Congress receives the administra- lution; which was considered and gering $1.4 trillion and that the Con- tion’s proposals, all Members, as well agreed to: gressional Budget Office announced on as the appropriate Congressional com- S. RES. 405 January 26 that it is projecting a base- mittees, can evaluate their suitability Whereas Google announced on January 12, line deficit of $6.047 trillion over the with an eye toward using them as off- 2010, the mid-December 2009 discovery that it next 10 years, Congress must do more sets for forthcoming legislation. had been victimized by a highly sophisti- to pair the resources targeted for job I hope that my colleagues will join cated and targeted cyber attack on its cor- creation with reductions in other me in supporting this legislation and porate infrastructure originating from China areas. help to swiftly make it law. The ad- that resulted in the theft of its intellectual Before I describe the provisions of ministration and Congress must work property; the legislation I am introducing today, together to address our tremendous Whereas Google also announced it had evi- dence to suggest that a primary goal of the I must say that it is regrettable that I budget deficit and insist that every attackers was accessing the Gmail accounts feel compelled to offer a bill at all. The dollar we spend promotes its objective. of Chinese human rights activists, and that fact is, I wrote a letter last December Given that it oversees stimulus spend- the evidence revealed separate attempts to 11 to OMB Director Peter Orszag urg- ing and has the capacity to evaluate penetrate Gmail accounts of Chinese human

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S446 CONGRESSIONAL RECORD — SENATE February 2, 2010 rights activists, journalists, and dissidents nating rumors’’ serve as the legal basis to Whereas Catholic schools in the United in the United States, Europe, and China; sentence journalists, bloggers, and others States today educate 2,192,531 students and Whereas the targeting of Google is believed who express or disseminate views critical of maintain a student-to-teacher ratio of 14 to to be part of a larger effort to access the the Government of China; and 1; computer networks of at least 34 companies, Whereas, on January 21, 2010, Secretary of Whereas the faculty members of Catholic including major financial, defense, media, State Hillary Clinton pledged enhanced schools teach a highly diverse body of stu- and technology firms and research institu- United States support for Internet freedom, dents; tions in the United States; saying, ‘‘We stand for a single internet where Whereas the graduation rate for all Catho- Whereas this attack was one in a series of all of humanity has equal access to knowl- lic school students is 99 percent; attempts to exploit security flaws and ille- edge and ideas . . . countries that restrict Whereas 97 percent of Catholic high school gally access computer networks of individ- free access to information or violate the graduates go on to college; uals and institutions through the clandes- basic rights of internet users risk walling Whereas Catholic schools produce students tine installation of phishing and malware themselves off from the progress of the next strongly dedicated to their faith, values, technology; century.’’: Now, therefore, be it families, and communities by providing an Whereas the 2009 ‘‘Report to Congress of Resolved, That the Senate— intellectually stimulating environment rich the US-China Economic and Security Review (1) reaffirms the centrality of freedom of in spiritual character and moral develop- Commission’’ stated that ‘‘a significant and expression and press freedom as cornerstones ment; and increasing body of circumstantial and foren- of United States foreign policy and United Whereas in the 1972 pastoral message con- sic evidence strongly indicates the involve- States efforts to promote individual rights; cerning Catholic education, the National ment of Chinese state and state-supported (2) expresses serious concern over ongoing Conference of Catholic Bishops stated, ‘‘Edu- entities’’ in malicious computer activities official efforts in many countries to restrict cation is one of the most important ways by against the United States; speech and expression, including attempts to which the Church fulfills its commitment to Whereas approximately 338,000,000 Internet censor, restrict, and monitor access to the the dignity of the person and building of users in China represent the largest popu- Internet; community. Community is central to edu- lation of Internet users worldwide, and the (3) welcomes the diplomatic initiative an- cation ministry, both as a necessary condi- Government of China employs a sophisti- nounced by Secretary of State Hillary Clin- tion and an ardently desired goal. The edu- cated, multi-layered, and wide-ranging appa- ton on January 21, 2010, to encourage Inter- cational efforts of the Church, therefore, ratus to curtail Internet freedom, as detailed net freedom globally by ‘‘supporting the de- must be directed to forming persons-in-com- in the 2009 ‘‘Freedom on the Net’’ report by velopment of new tools that enable citizens munity; for the education of the individual the Freedom House organization; to exercise their rights of free expression by Christian is important not only to his soli- Whereas Article 35 of the constitution of circumventing politically motivated censor- tary destiny, but also the destinies of the the People’s Republic of China guarantees ship . . . with a focus on implementing these many communities in which he lives.’’: Now, freedom of speech, assembly, association, programs as efficiently and effectively as therefore, be it and publication; possible’’; Resolved, That the Senate— Whereas authorities in China employ legal (4) condemns the far-reaching cyber at- (1) recognizes the goals of Catholic Schools and economic means to coerce Internet serv- tacks allegedly launched from China against ice providers, web hosting firms, and mobile Week, an event cosponsored by the National Google, at least 34 other companies, and nu- phone companies to delete and censor online Catholic Educational Association and the merous individuals discovered in December content and discussions created by Chinese United States Conference of Catholic users; 2009; Bishops that recognizes the vital contribu- Whereas the Government of China requires (5) calls on the Government of China to tions of thousands of Catholic elementary domestic Chinese and foreign companies conduct a thorough review of these cyber in- and secondary schools in the United States; with subsidiaries in China, including Google, trusions, and to make the investigation and and to adjust their business practices to allow in- its results transparent; (2) commends Catholic schools, students, creased filtering and supervision by the Gov- (6) pays tribute to the professional and cit- parents, and teachers across the United ernment of China, restricting content al- izen journalists who persevere in their dedi- States for their ongoing contributions to lowed by technology-based products, and cation to report in China; education, and for the vital role they play in censoring data available on search engines; (7) urges companies to engage in respon- promoting and ensuring a brighter, stronger Whereas, in 2003, the Government of China sible business practices in the face of efforts future for the United States. implemented the Golden Shield Project to by foreign governments to restrict the free flow of information by refusing to aid in the control access and information on the Inter- f net on grounds of public safety, including curtailment of free expression; and through protocol address blocking, domain (8) calls on the President and the Secretary name system filtering and redirection, uni- of State to develop means by which the NOTICE OF HEARING form resource locator filtering, packet fil- United States Government can more rapidly tering, connection resets, and other online identify, publicize, and respond to threats COMMITTEE ON ENERGY AND NATURAL methods that could amount to censorship of against freedom of press and freedom of ex- RESOURCES high-value speech; pression around the world, including through Mr. BINGAMAN. Mr. President, I Whereas the Government of China fre- support of new and existing censorship cir- would like to announce for the infor- quently blocks United States international cumvention technology. mation of the Senate and the public broadcasting by Radio Free Asia (RFA) and that a hearing has been scheduled be- Voice of America (VOA), despite the f unimpeded broadcast in the United States of fore the Committee on Energy and Nat- state-run media outlets in China, China Cen- SENATE RESOLUTION 406—RECOG- ural Resources. tral Television, and China Radio Inter- NIZING THE GOALS OF CATHOLIC The hearing will be held on Tuesday, national; SCHOOLS WEEK AND HONORING February 15, 2010 at 2:30 p.m., at the Whereas, as of December 1, 2009, China had THE VALUABLE CONTRIBUTIONS Corbett Center (Ballroom-Eastside) on imprisoned 24 traditional and online journal- OF CATHOLIC SCHOOLS IN THE the campus of New Mexico State Uni- ists, accounting for nearly 20 percent of all UNITED STATES imprisoned journalists worldwide at that versity, in Las Cruces, New Mexico. time, according to the annual prison census Mr. VITTER (for himself, Ms. The purpose of the hearing is to re- of the Committee to Protect Journalists; LANDRIEU, Mr. BUNNING, Mr. CASEY, ceive testimony on S. 1689, the Organ Whereas, following riots in the Xinjiang re- and Mr. JOHANNS) submitted the fol- Mountains-Desert Peaks Wilderness gion of China in July 2009, more than 50 lowing resolution; which was consid- Act. Uighur-language Internet forums were closed ered and agreed to: Because of the limited time available and communications were cut in Urumqi, China, and foreign journalists visiting the S. RES. 406 for the hearing, witnesses may testify area were closely monitored by the authori- Whereas Catholic schools in the United by invitation only. However, those ties; States have received international acclaim wishing to submit written testimony Whereas, during the Summer 2008 Olympics for academic excellence while providing stu- for the hearing record should send it to in Beijing, limits were placed on freedom of dents with lessons that extend far beyond the Committee on Energy and Natural expression and media coverage, contrary to the classroom; Resources, United States Senate, previous commitments made by the Govern- Whereas Catholic schools present a broad Washington, DC 20510–6150. ment of China to the International Olympic curriculum that emphasizes the lifelong de- Committee; velopment of moral, intellectual, physical, For further information, please con- Whereas ill-defined charges such as ‘‘sub- and social values in the young people of the tact David Brooks at (202) 224–9863 or version of the government’’ and ‘‘dissemi- United States; Allison Seyferth at (202) 224–4905.

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 2, 2010 CONGRESSIONAL RECORD — SENATE S447 AUTHORITY FOR COMMITTEES TO mittee on Health, Education, Labor, Whereas Google also announced it had evi- MEET and Pensions be authorized to meet, dence to suggest that a primary goal of the during the session of the Senate, to attackers was accessing the Gmail accounts COMMITTEE ON ARMED SERVICES of Chinese human rights activists, and that Mr. HARKIN. Mr. President, I ask conduct a hearing entitled ‘‘Hearing on the evidence revealed separate attempts to unanimous consent that the Com- the Nomination of Harold Craig Becker penetrate Gmail accounts of Chinese human mittee on Armed Services be author- to be a Member of the National Labor rights activists, journalists, and dissidents ized to meet during the session of the Relations Board’’ on February 2, 2010. in the United States, Europe, and China; Senate on February 2, 2010, at 9 a.m. The hearing will commence at 4 p.m. in Whereas the targeting of Google is believed The PRESIDING OFFICER. Without room 430 of the Dirksen Senate Office to be part of a larger effort to access the objection, it is so ordered. Building. computer networks of at least 34 companies, The PRESIDING OFFICER. Without including major financial, defense, media, COMMITTEE ON BANKING, HOUSING, AND URBAN and technology firms and research institu- AFFAIRS objection, it is so ordered. tions in the United States; Mr. HARKIN. Mr. President, I ask COMMITTEE ON RULES AND ADMINISTRATION Whereas this attack was one in a series of unanimous consent that the Com- Mr. HARKIN. Mr. President, I ask attempts to exploit security flaws and ille- mittee on Banking, Housing, and unanimous consent that the Com- gally access computer networks of individ- Urban Affairs be authorized to meet mittee on Rules and Administration be uals and institutions through the clandes- during the session of the Senate on tine installation of phishing and malware authorized to meet during the session technology; February 2, 2010, at 2:30 p.m., to con- of the Senate on February 2, 2010, at 10 duct a hearing entitled ‘‘Prohibiting Whereas the 2009 ‘‘Report to Congress of a.m., to conduct a hearing entitled the US-China Economic and Security Review Certain High-Risk Investment Activi- ‘‘Corporate America vs. The Voter: Ex- Commission’’ stated that ‘‘a significant and ties by Banks and Bank Holding Com- amining the Supreme Court’s Decision increasing body of circumstantial and foren- panies.’’ to Allow Unlimited Corporate Spending sic evidence strongly indicates the involve- The PRESIDING OFFICER. Without in Elections.’’ ment of Chinese state and state-supported objection, it is so ordered. The PRESIDING OFFICER. Without entities’’ in malicious computer activities against the United States; COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES Whereas approximately 338,000,000 Internet Mr. HARKIN. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE users in China represent the largest popu- unanimous consent that the Com- Mr. HARKIN. Mr. President, I ask lation of Internet users worldwide, and the mittee on Energy and Natural Re- unanimous consent that the Select Government of China employs a sophisti- Committee on Intelligence be author- cated, multi-layered, and wide-ranging appa- sources be authorized to meet during ratus to curtail Internet freedom, as detailed the session of the Senate on February ized to meet, during the session of the in the 2009 ‘‘Freedom on the Net’’ report by 2, at 2:30 p.m., in room SD–366 of the Senate on February 2, 2010 at 2:30 p.m. the Freedom House organization; Dirksen Senate Office Building. The PRESIDING OFFICER. Without Whereas Article 35 of the constitution of The PRESIDING OFFICER. Without objection, it is so ordered. the People’s Republic of China guarantees objection, it is so ordered. f freedom of speech, assembly, association, COMMITTEE ON ENVIRONMENT AND PUBLIC and publication; REAFFIRMING THE CENTRALITY WORKS Whereas authorities in China employ legal Mr. HARKIN. Mr. President, I ask OF FREEDOM OF EXPRESSION and economic means to coerce Internet serv- AND PRESS FREEDOM ice providers, web hosting firms, and mobile unanimous consent that the Com- phone companies to delete and censor online mittee on Environment and Public Mr. CASEY. Mr. President, I ask content and discussions created by Chinese Works be authorized to meet during unanimous consent that the Senate users; the session of the Senate on February proceed to the immediate consider- Whereas the Government of China requires 2, 2010. ation of S. Res. 405 submitted earlier domestic Chinese and foreign companies The PRESIDING OFFICER. Without today. with subsidiaries in China, including Google, objection, it is so ordered. The PRESIDING OFFICER. The to adjust their business practices to allow in- creased filtering and supervision by the Gov- COMMITTEE ON FINANCE clerk will report the resolution by ernment of China, restricting content al- Mr. HARKIN. Mr. President, I ask title. lowed by technology-based products, and unanimous consent that the Com- The assistant legislative clerk read censoring data available on search engines; mittee on Finance be authorized to as follows: Whereas, in 2003, the Government of China meet during the session of the Senate A resolution (S. Res. 405) reaffirming the implemented the Golden Shield Project to on February 2, 2010, at 10 a.m., in room centrality of freedom of expression and press control access and information on the Inter- 215 of the Dirksen Senate Office Build- freedom as cornerstones of United States for- net on grounds of public safety, including ing, to conduct a hearing entitled ‘‘The eign policy and United States efforts to pro- through protocol address blocking, domain President’s Fiscal Year 2011 Budget.’’ mote individual rights, and for other pur- name system filtering and redirection, uni- The PRESIDING OFFICER. Without poses. form resource locator filtering, packet fil- tering, connection resets, and other online objection, it is so ordered. There being no objection, the Senate methods that could amount to censorship of COMMITTEE ON FOREIGN RELATIONS proceeded to consider the resolution. high-value speech; Mr. HARKIN. Mr. President, I ask Mr. CASEY. Mr. President, I ask Whereas the Government of China fre- unanimous consent that the Com- unanimous consent that the resolution quently blocks United States international mittee on Foreign Relations be author- be agreed to, the preamble be agreed broadcasting by Radio Free Asia (RFA) and ized to meet during the session of the to, the motion to reconsider be laid Voice of America (VOA), despite the Senate on February 2, 2010, at 10:30 upon the table with no intervening ac- unimpeded broadcast in the United States of a.m. tion or debate, and any statements be state-run media outlets in China, China Cen- Mr. HARKIN. Mr. President, I ask tral Television, and China Radio Inter- printed in the RECORD. national; unanimous consent that the Com- The PRESIDING OFFICER. Without Whereas, as of December 1, 2009, China had mittee on Foreign Relations be author- objection, it is so ordered. imprisoned 24 traditional and online journal- ized to meet during the session of the The resolution (S. Res. 405) was ists, accounting for nearly 20 percent of all Senate on February 2, 2010, at 2:30 p.m. agreed to. imprisoned journalists worldwide at that Mr. HARKIN. Mr. President, I ask The preamble was agreed to. time, according to the annual prison census unanimous consent that the Com- The resolution, with its preamble, of the Committee to Protect Journalists; mittee on Foreign Relations be author- reads as follows: Whereas, following riots in the Xinjiang re- ized to meet during the session of the gion of China in July 2009, more than 50 S. RES. 405 Senate on February 2, 2010, at 3:30 p.m. Uighur-language Internet forums were closed The PRESIDING OFFICER. Without Whereas Google announced on January 12, and communications were cut in Urumqi, 2010, the mid-December 2009 discovery that it China, and foreign journalists visiting the objection, it is so ordered. had been victimized by a highly sophisti- area were closely monitored by the authori- COMMITTEE ON HEALTH, EDUCATION, LABOR, cated and targeted cyber attack on its cor- ties; AND PENSIONS porate infrastructure originating from China Whereas, during the Summer 2008 Olympics Mr. HARKIN. Mr. President, I ask that resulted in the theft of its intellectual in Beijing, limits were placed on freedom of unanimous consent that the Com- property; expression and media coverage, contrary to

VerDate Mar 15 2010 04:08 May 18, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02FE0.REC S02FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S448 CONGRESSIONAL RECORD — SENATE February 2, 2010 previous commitments made by the Govern- preamble be agreed to, and the motions The PRESIDING OFFICER. Without ment of China to the International Olympic to reconsider be laid upon the table. objection, it is so ordered. Committee; The PRESIDING OFFICER. Without f Whereas ill-defined charges such as ‘‘sub- objection, it is so ordered. version of the government’’ and ‘‘dissemi- The resolution (S. Res. 406) was PROGRAM nating rumors’’ serve as the legal basis to agreed to. sentence journalists, bloggers, and others Mr. CASEY. Mr. President, the Sen- The preamble was agreed to. who express or disseminate views critical of ate will not be in session tomorrow in the Government of China; and The resolution, with its preamble, reads as follows: order to accommodate the Democratic Whereas, on January 21, 2010, Secretary of issues conference. We were, however, State Hillary Clinton pledged enhanced S. RES. 406 able to reach an agreement to vote at United States support for Internet freedom, Whereas Catholic schools in the United saying, ‘‘We stand for a single internet where States have received international acclaim approximately 12:30 p.m. Thursday on all of humanity has equal access to knowl- for academic excellence while providing stu- confirmation of the nomination of Pa- edge and ideas . . . countries that restrict dents with lessons that extend far beyond tricia Smith to be Solicitor for the De- free access to information or violate the the classroom; partment of Labor. Following disposi- basic rights of internet users risk walling Whereas Catholic schools present a broad tion of the Smith nomination, there themselves off from the progress of the next curriculum that emphasizes the lifelong de- will be 2 hours for debate prior to a century.’’: Now, therefore, be it velopment of moral, intellectual, physical, vote on the motion to invoke cloture Resolved, That the Senate— and social values in the young people of the (1) reaffirms the centrality of freedom of United States; on the nomination of Martha Johnson expression and press freedom as cornerstones Whereas Catholic schools in the United to be Administrator for General Serv- of United States foreign policy and United States today educate 2,192,531 students and ices. Also under the agreement, if clo- States efforts to promote individual rights; maintain a student-to-teacher ratio of 14 to ture is invoked on the Johnson nomi- (2) expresses serious concern over ongoing 1; nation, the Senate would immediately official efforts in many countries to restrict Whereas the faculty members of Catholic proceed to vote on confirmation. speech and expression, including attempts to schools teach a highly diverse body of stu- censor, restrict, and monitor access to the Therefore, there would be up to two ad- dents; ditional votes in the 3 p.m. range. So Internet; Whereas the graduation rate for all Catho- (3) welcomes the diplomatic initiative an- lic school students is 99 percent; that would mean one vote around 12:30 nounced by Secretary of State Hillary Clin- Whereas 97 percent of Catholic high school p.m. and up to two votes around 3 p.m. ton on January 21, 2010, to encourage Inter- graduates go on to college; Thursday. net freedom globally by ‘‘supporting the de- Whereas Catholic schools produce students f velopment of new tools that enable citizens strongly dedicated to their faith, values, to exercise their rights of free expression by families, and communities by providing an ADJOURNMENT UNTIL THURSDAY, circumventing politically motivated censor- intellectually stimulating environment rich FEBRUARY 4, 2010 ship . . . with a focus on implementing these in spiritual character and moral develop- programs as efficiently and effectively as ment; and Mr. CASEY. If there is no further possible’’; Whereas in the 1972 pastoral message con- business to come before the Senate, I (4) condemns the far-reaching cyber at- cerning Catholic education, the National ask unanimous consent it adjourn tacks allegedly launched from China against Conference of Catholic Bishops stated, ‘‘Edu- under the previous order. Google, at least 34 other companies, and nu- cation is one of the most important ways by There being no objection, the Senate, merous individuals discovered in December which the Church fulfills its commitment to 2009; at 7:20 p.m., adjourned until Thursday, the dignity of the person and building of February 4, 2010, at 12 noon. (5) calls on the Government of China to community. Community is central to edu- conduct a thorough review of these cyber in- cation ministry, both as a necessary condi- f trusions, and to make the investigation and tion and an ardently desired goal. The edu- its results transparent; cational efforts of the Church, therefore, NOMINATIONS (6) pays tribute to the professional and cit- must be directed to forming persons-in-com- Executive nomination received by izen journalists who persevere in their dedi- munity; for the education of the individual the Senate: cation to report in China; Christian is important not only to his soli- (7) urges companies to engage in respon- tary destiny, but also the destinies of the DEPARTMENT OF JUSTICE sible business practices in the face of efforts many communities in which he lives.’’: Now, MICHELE MARIE LEONHART, OF CALIFORNIA, TO BE by foreign governments to restrict the free therefore, be it ADMINISTRATOR OF DRUG ENFORCEMENT, VICE KAREN P. TANDY, RESIGNED. flow of information by refusing to aid in the Resolved, That the Senate— curtailment of free expression; and (1) recognizes the goals of Catholic Schools f (8) calls on the President and the Secretary Week, an event cosponsored by the National of State to develop means by which the Catholic Educational Association and the CONFIRMATIONS United States Government can more rapidly United States Conference of Catholic Executive nominations confirmed by identify, publicize, and respond to threats Bishops that recognizes the vital contribu- the Senate, Tuesday, February 2, 2010: against freedom of press and freedom of ex- tions of thousands of Catholic elementary pression around the world, including through and secondary schools in the United States; DEPARTMENT OF JUSTICE support of new and existing censorship cir- and ROBERT WILLIAM HEUN, OF ALASKA, TO BE UNITED cumvention technology. STATES MARSHAL FOR THE DISTRICT OF ALASKA FOR (2) commends Catholic schools, students, THE TERM OF FOUR YEARS. f parents, and teachers across the United WILLIE LEE RICHARDSON, JR., OF GEORGIA, TO BE States for their ongoing contributions to UNITED STATES MARSHAL FOR THE MIDDLE DISTRICT RECOGNIZING AND HONORING THE education, and for the vital role they play in OF GEORGIA FOR THE TERM OF FOUR YEARS. GOALS AND CONTRIBUTIONS OF promoting and ensuring a brighter, stronger IN THE AIR FORCE CATHOLIC SCHOOLS future for the United States. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Mr. CASEY. I ask unanimous consent f CATED UNDER TITLE 10, U.S.C., SECTION 624: that the Senate now proceed to the ORDERS FOR THURSDAY, To be brigadier general consideration of S. Res. 406, which was FEBRUARY 4, 2010 submitted earlier today. COL. KORY G. CORNUM Mr. CASEY. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. The IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- clerk will report the resolution by unanimous consent that when the Sen- CATED UNDER TITLE 10, U.S.C., SECTION 12203: title. ate completes its business today, it ad- To be major general journ until 12 noon on Thursday, Feb- The assistant legislative clerk read BRIG. GEN. CAROL A. LEE as follows: ruary 4; that following the prayer and THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT A resolution (S. Res. 406) recognizing the pledge, the Journal of proceedings be IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: goals of Catholic Schools Week and honoring approved to date, the morning hour be the valuable contribution of Catholic schools deemed expired, the time for the two To be major general in the United States. leaders be reserved for their use later BRIGADIER GENERAL ERIC W. CRABTREE BRIGADIER GENERAL WALLACE W. FARRIS, JR. There being no objection, the Senate in the day, and the Senate proceed to BRIGADIER GENERAL CRAIG N. GOURLEY proceeded to consider the resolution. executive session to resume consider- BRIGADIER GENERAL DAVID S. POST BRIGADIER GENERAL DONALD C. RALPH Mr. CASEY. I ask unanimous consent ation of the Smith nomination, as pro- BRIGADIER GENERAL JON R. SHASTEEN that the resolution be agreed to, the vided for under the previous order. BRIGADIER GENERAL RICHARD A. SHOOK, JR.

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BRIGADIER GENERAL JAMES N. STEWART IN THE ARMY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL LANCE D. UNDHJEM AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CEMBER 11, 2009. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED AIR FORCE NOMINATION OF LAWRENCE W. STEIN- CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: KRAUS, JR., TO BE COLONEL. AIR FORCE NOMINATIONS BEGINNING WITH KRISTI L. To be brigadier general To be major general JONES AND ENDING WITH BRUNO A. SCHMITZ, WHICH BRIG. GEN. MARY A. LEGERE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. DIXIE A. MORROW PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 15, 2009. IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH RAYMOND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CATED UNDER TITLE 10, U.S.C., SECTION 12203: KING AND ENDING WITH BERNHARD K. STEPKE, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER 15, 2009. COL. PAUL S. DWAN MAJ. GEN. THOMAS P. BOSTICK AIR FORCE NOMINATIONS BEGINNING WITH FRANK R. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AFLAGUE AND ENDING WITH WILLIAM T. YATES, WHICH IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 21, 2009. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be brigadier general AIR FORCE NOMINATIONS BEGINNING WITH ANTHONY To be lieutenant general N. DILLS AND ENDING WITH MICHAEL D. MILLER, WHICH COL. DANIEL B. FINCHER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COL. DAVID C. WESLEY MAJ. GEN. ROBERT L. CASLEN, JR. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 21, 2010. IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW CATED UNDER TITLE 10, U.S.C., SECTION 12203: CATED UNDER TITLE 10, U.S.C., SECTION 12203: A. BAACK AND ENDING WITH ROCKY ZACCHEUS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be brigadier general To be major general PEARED IN THE CONGRESSIONAL RECORD ON JANUARY 21, 2010. COLONEL GARY C. BLASZKIEWICZ BRIG. GEN. STEVEN W. SMITH AIR FORCE NOMINATION OF DAVID A. NORDSTRAND, TO COLONEL ARTHUR C. HAUBOLD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE COLONEL. COLONEL MICHAEL D. KIM IN THE RESERVE OF THE ARMY TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH HELEN K. COLONEL LINDA S. MARCHIONE CATED UNDER TITLE 10, U.S.C., SECTION 12203: CROUCH AND ENDING WITH MICKRA H. KING, WHICH COLONEL RICHARD O. MIDDLETON II NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ROBERT N. POLUMBO To be major general PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL JANE C. ROHR BRIG. GEN. WILLIAM D. FRINK, JR. 26, 2010. COLONEL PATRICIA A. ROSE AIR FORCE NOMINATIONS BEGINNING WITH RANDALL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL PETER SEFCIK, JR. B. DELL AND ENDING WITH EDDIE P. SANCHEZ, WHICH TO THE GRADE INDICATED IN THE UNITED STATES ARMY COLONEL JAMES F. SMITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: COLONEL EDMUND D. WALKER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL WILLIAM O. WELCH To be brigadier general 26, 2010. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATIONS BEGINNING WITH CHARLES AS DEPUTY JUDGE ADVOCATE GENERAL OF THE AIR COLONEL JEFFREY N. COLT T. HUGUELET AND ENDING WITH MICHAEL E. SAVAGE, FORCE AND APPOINTMENT IN THE UNITED STATES AIR COLONEL PETER A. DELUCA WHICH NOMINATIONS WERE RECEIVED BY THE SENATE FORCE TO THE GRADE INDICATED UNDER TITLE 10, COLONEL ROBERT M. DYESS, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON U.S.C., SECTION 8037: COLONEL DONALD M. MACWILLIE JANUARY 26, 2010. IN THE NAVY AIR FORCE NOMINATIONS BEGINNING WITH GLENDA K. To be major general M. GRONES AND ENDING WITH NANCY A. WESTBROOK, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIG. GEN. STEVEN J. LEPPER IN THE UNITED STATES NAVY RESERVE TO THE GRADE AND APPEARED IN THE CONGRESSIONAL RECORD ON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: JANUARY 26, 2010. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH FRANK J. CATED UNDER TITLE 10, U.S.C., SECTION 8081: To be rear admiral (lower half) ARCHER AND ENDING WITH EDUARDO SAN MIGUEL, To be major general CAPTAIN DOUGLAS J. ASBJORNSEN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CAPTAIN CHARLES K. CARODINE AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. GERARD A. CARON CAPTAIN ANATOLIO B. CRUZ III JANUARY 26, 2010. AIR FORCE NOMINATIONS BEGINNING WITH THOMAS J. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN JOHN E. JOLLIFFE CAPTAIN ROBERT J. KAMENSKY PIZZOLO AND ENDING WITH CLIFFORD ZDANOWICZ, JR., IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CATED AND FOR APPOINTMENT AS THE JUDGE ADVO- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON CATE GENERAL OF THE AIR FORCE UNDER TITLE 10, IN THE UNITED STATES NAVY TO THE GRADE INDICATED JANUARY 26, 2010. U.S.C., SECTION 8037: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIR FORCE NOMINATIONS BEGINNING WITH TARN M. To be lieutenant general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ABELL AND ENDING WITH JOHN B. WILLIAMS, WHICH To be vice admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. RICHARD C. HARDING PEARED IN THE CONGRESSIONAL RECORD ON JANUARY VICE ADM. DAVID ARCHITZEL THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 26, 2010. STATES OFFICERS FOR APPOINTMENT IN THE RESERVE IN THE AIR FORCE IN THE ARMY OF THE AIR FORCE TO THE GRADES INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: AIR FORCE NOMINATION OF JOSEPH E. SANDERS, TO BE ARMY NOMINATIONS BEGINNING WITH JAMES R. AGAR COLONEL. II AND ENDING WITH KERRY M. WHEELEHAN, WHICH To be major general AIR FORCE NOMINATION OF CHINMOY MISHRA, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BRIGADIER GENERAL SAMUEL C. HEADY AIR FORCE NOMINATION OF CHARLES F. KIMBALL, TO 9, 2009. BRIGADIER GENERAL WILLIAM E. HUDSON BE MAJOR. ARMY NOMINATIONS BEGINNING WITH OLGA M. ANDER- BRIGADIER GENERAL GARY T. MAGONIGLE AIR FORCE NOMINATIONS BEGINNING WITH MINH THU SON AND ENDING WITH D004179, WHICH NOMINATIONS BRIGADIER GENERAL JAMES M. MCCORMACK NGOC LE AND ENDING WITH ROBERT C. POPE, WHICH WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIGADIER GENERAL ALEX D. ROBERTS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON DECEMBER 11, 2009. BRIGADIER GENERAL GREGORY J. SCHWAB PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER ARMY NOMINATION OF DAWN Y. TAYLOR, TO BE To be brigadier general 2, 2009. MAJOR. AIR FORCE NOMINATIONS BEGINNING WITH NOEMI ARMY NOMINATIONS BEGINNING WITH WALTER COLONEL CARL F. BESS, JR. ALGARINLOZANO AND ENDING WITH PATRICK J. WIL- COFFEY AND ENDING WITH RUSSELL P. REITER, WHICH COLONEL GREGORY J. BIERNACKI LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JAMES C. BLAYDON SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL FRANCIS X. CARILLO RECORD ON DECEMBER 11, 2009. 15, 2009. COLONEL DEBORAH L. CARTER AIR FORCE NOMINATIONS BEGINNING WITH DAVID W. ARMY NOMINATIONS BEGINNING WITH DEAN A. AM- COLONEL ROBERT F. CAYTON BOBB AND ENDING WITH ROBERT W. WISHTISCHIN, BROSE AND ENDING WITH JOHN W. TROGDON, WHICH COLONEL WILLIAM J. CRISLER, JR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL GREGORY L. FERGUSON AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL JAMES E. FREDREGILL CEMBER 11, 2009. 15, 2009. COLONEL ANTHONY P. GERMAN AIR FORCE NOMINATIONS BEGINNING WITH SEAN W. ARMY NOMINATIONS BEGINNING WITH PATRICK R. COLONEL ANN M. GREENLEE DIGMAN AND ENDING WITH DAVID L. ROBINSON, WHICH BOSSETTA AND ENDING WITH JOHN R. WHITFORD, WHICH COLONEL MARK D. HAMMOND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL RICHARD N. HARRIS, JR. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER COLONEL MARK E. JANNITTO 11, 2009. 15, 2009. COLONEL LARRY R. KAUFFMAN AIR FORCE NOMINATIONS BEGINNING WITH ALBERT H. ARMY NOMINATION OF BESS J. PIERCE, TO BE LIEU- COLONEL JON K. KELK BONNEMA AND ENDING WITH GIANNA R. ZEH, WHICH TENANT COLONEL. COLONEL DAVID T. KELLY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JANINE G. COLONEL JOHN E. KENT PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER ALLBRITTON AND ENDING WITH SCOTT J. PIECEK, WHICH COLONEL DONALD M. LAGOR 11, 2009. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL MICHAEL E. LOH AIR FORCE NOMINATIONS BEGINNING WITH ERIC R. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL CONSTANCE C. MCNABB BAUGH, JR. AND ENDING WITH KARYN E. YOUNG, WHICH 21, 2010. COLONEL CLAYTON W. MOUSHON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JUAN G. LOPEZ, TO BE MAJOR. COLONEL PHILLIP E. MURDOCK PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER ARMY NOMINATION OF JERI R. REGAN, TO BE MAJOR. COLONEL JOHN E. MURPHY 11, 2009. ARMY NOMINATION OF ROBIN T. WORCH, TO BE MAJOR. COLONEL GERALD E. OTTERBEIN AIR FORCE NOMINATIONS BEGINNING WITH ADAM M. ARMY NOMINATIONS BEGINNING WITH TYLER E. HAR- COLONEL MARTIN J. PARK ANDERSON AND ENDING WITH SHAHID A. ZAIDI, WHICH RIS AND ENDING WITH KELLY A. SUPPLE, WHICH NOMI- COLONEL NICHOLAS S. RANTIS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL ROBERT L. SHANNON, JR. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL CASSIE A. STROM 11, 2009. 21, 2010. COLONEL GREGORY N. STROUD AIR FORCE NOMINATIONS BEGINNING WITH BRIAN J. ARMY NOMINATIONS BEGINNING WITH SCOTT D. COLONEL THOMAS A. THOMAS, JR. ALENT AND ENDING WITH RACHEL A. WEBER, WHICH DEBOLT AND ENDING WITH AUDREY D. WILSON, WHICH COLONEL CAROL A. TIMMONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL STEVEN J. VERHELST PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER PEARED IN THE CONGRESSIONAL RECORD ON JANUARY COLONEL TONY L. WEST 11, 2009. 21, 2010. COLONEL ROBERT S. WILLIAMS AIR FORCE NOMINATIONS BEGINNING WITH ERIC E. AB- ARMY NOMINATION OF LOUIS GEVIRTZMAN, TO BE COLONEL MICHAEL A. WOBBEMA BOTT AND ENDING WITH ETHAN EVERETT ZIMMERMAN, COLONEL.

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ARMY NOMINATIONS BEGINNING WITH BRENDA M. AND APPEARED IN THE CONGRESSIONAL RECORD ON DE- NAVY NOMINATIONS BEGINNING WITH JACOB R. HILL ARZU AND ENDING WITH JOHN R. MILLS, WHICH NOMINA- CEMBER 15, 2009. AND ENDING WITH WILLIAM R. WOODFIN, WHICH NOMI- TIONS WERE RECEIVED BY THE SENATE AND APPEARED NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON JANUARY 26, 2010. IN THE NAVY PEARED IN THE CONGRESSIONAL RECORD ON JANUARY IN THE MARINE CORPS 21, 2010. NAVY NOMINATION OF DONALD J. SHEEHAN, JR., TO BE NAVY NOMINATIONS BEGINNING WITH DAVID W. TER- MARINE CORPS NOMINATION OF BRIAN J. DIX, TO BE CAPTAIN. HUNE AND ENDING WITH DET R. SMITH, WHICH NOMINA- MAJOR. NAVY NOMINATION OF MATTHEW S. FLEMMING, TO BE TIONS WERE RECEIVED BY THE SENATE AND APPEARED MARINE CORPS NOMINATION OF WILLIAM J. MITCHELL, COMMANDER. IN THE CONGRESSIONAL RECORD ON JANUARY 26, 2010. TO BE MAJOR. NAVY NOMINATION OF RICHARD K. DOUGHERTY, TO BE NAVY NOMINATIONS BEGINNING WITH ERIC R. AKINS MARINE CORPS NOMINATIONS BEGINNING WITH SAM B. COMMANDER. AND ENDING WITH SCOTT T. WILBUR, WHICH NOMINA- CLONTS, JR. AND ENDING WITH RALPH L. PRICE III, NAVY NOMINATION OF ROLDAN C. MINA, TO BE LIEU- TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TENANT COMMANDER. IN THE CONGRESSIONAL RECORD ON JANUARY 26, 2010.

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