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

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

Vol. 155 WASHINGTON, MONDAY, JULY 13, 2009 No. 104 Senate The Senate met at 11 a.m. and was appoint the Honorable TOM UDALL, a Senator month we will also discuss, debate and, called to order by the Honorable TOM from the State of New Mexico, to perform I am confident, ultimately confirm UDALL, a Senator from the State of the duties of the Chair. President Obama’s outstanding nomi- New Mexico. ROBERT C. BYRD, nee, Judge Sonia Sotomayor. President pro tempore. These goals require both sides to PRAYER Mr. UDALL of New Mexico thereupon work together. I repeat. These goals re- assumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- quire both sides to work together. Each pro tempore. fered the following prayer: will require all of us to work in good Let us pray. f faith. If we are to do what our country Almighty God, infinite sovereign RECOGNITION OF THE MAJORITY needs us to do, we must work as part- Lord, our lawmakers face complex LEADER ners, not partisans. issues that challenge the best of human We have said all along we strongly thoughts and actions. As You gave in- The ACTING PRESIDENT pro tem- prefer to fix health care as one collabo- sight to King Solomon, impart wisdom pore. The majority leader. rative body, not as two competing par- to Your servants in the Senate. Help f ties. I had a positive meeting with four senior Republican Senators about the them to believe that You are real and SCHEDULE relevant and a ready helper for all road ahead for health care, and it is their challenges. May they recognize Mr. REID. Mr. President, following health care reform we talked about. We their need for devine intervention and leader remarks, we will begin consider- finished the meeting and there was a develop the necessary humility to seek ation of S. 1390, the Department of De- general agreement we needed health it. Lord, shower them with wisdom and fense authorization bill. At 4:30 today, care reform, and it should be done on a strength far beyond their own to face the Senate will turn to executive ses- bipartisan basis, not resort to what we these critical days. In their worries and sion to consider the nomination of call reconciliation, which requires only cares, give them the joy of knowing Robert Groves to be the Director of the a simple majority. You are with them. We pray in the Census and debate the nomination for 1 I appreciate very much the commit- Name of Him who is all wise, all power- hour. ment of those four Republicans to get- ful, and all loving. Amen. At 5:30 p.m., the Senate will proceed ting this done. I look forward to more to a cloture vote on the nomination. Republicans showing the same commit- f Under an agreement reached last week, ment. PLEDGE OF ALLEGIANCE if cloture is invoked, all postcloture The Finance and HELP Committee debate time will be yielded back and chairmen are working tirelessly to The Honorable MARK UDALL, led the the Senate will immediately proceed to mark up the health care bills. Our goal Pledge of Allegiance, as follows: a vote on confirmation of the nomina- remains the same. We would like to see I pledge allegiance to the Flag of the tion. I expect that if cloture is invoked, those bills on the floor in July. I hope United States of America, and to the Repub- the vote on confirmation would be a lic for which it stands, one nation under God, our Republican colleagues will work indivisible, with liberty and justice for all. voice vote. with us to achieve that goal. Upon disposition of the nomination, Just as our commitment to a bipar- f the Senate will resume consideration tisan plan has not changed, neither APPOINTMENT OF ACTING of the Department of Defense author- have our principles about that plan: PRESIDENT PRO TEMPORE ization bill. As previously announced, lowering skyrocketing costs, and there will be no rollcall votes after 2:00 The PRESIDING OFFICER. The bringing stability and security back to or so tomorrow afternoon. clerk will please read a communication health care. We are committed to pass- to the Senate from the President pro f ing a plan that protects what works and fixes what is broken. A plan that tempore (Mr. BYRD). HEALTH CARE AND THE ensures that if you like the coverage The assistant legislative clerk read SOTOMAYOR NOMINATION the following letter: you have, you can keep it. Mr. REID. Mr. President, the coming We will make sure people can still U.S. SENATE, weeks are a critical time, not just here choose their own doctors, hospitals, PRESIDENT PRO TEMPORE, Washington, DC, July 13, 2009. in the Congress but in our country. and health plans. Americans need af- To the Senate: This month we will work to stabilize fordable health care they can count on. Under the provisions of rule I, paragraph 3, our broken health care system and Too many families live just one illness of the Standing Rules of the Senate, I hereby lower costs for the middle class. This or one accident or one pink slip away

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

S7377

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.000 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7378 CONGRESSIONAL RECORD — SENATE July 13, 2009 from financial ruin. The cost of inac- apply one’s talents are the principal re- neutral exam. The Supreme Court re- tion is too great and the status quo is quirements for success. And yet, as we versed her decision in this matter, her no longer an option. The status quo begin these hearings, it is important to third reversal just this term, with all simply is not something we need to remind ourselves that our obligation as nine justices finding that she mis- look to. Senators under the Constitution’s ad- applied the law. Her treatment of this On another subject, today is a his- vice and consent clause requires us to case, the Ricci case, has been criticized toric day in America. Right now, they do more than confirm someone to a across the political spectrum as ‘‘per- are having opening statements in the lifetime position on our Nation’s high- functory’’ and ‘‘peculiar,’’ and it called Senate Judiciary Committee, Demo- est court based on their life story. into question whether her dismissive crats and Republicans, regarding Sonia Rather, it requires us to determine handling of the firefighters’ important Sotomayor. She will, later today, tes- whether he or she will be able to fulfill claims was unduly influenced by her tify before that committee as Presi- the requirements of the oath taken by past advocacy in the area of employ- dent Obama’s nominee for the highest all Federal judges, that they will, ‘‘ad- ment preferences and quotas. Court in our country. As we all know, minister justice without respect to per- I also spoke last week about provoca- she is the first Hispanic American to sons, and do equal right to the poor and tive comments Judge Sotomayor had do so. to the rich, and that [they] will faith- made about campaign speech, includ- Judge Sotomayor has a wide range of fully and impartially discharge and ing her claim that merely donating experience, not just in the legal world perform all the duties incumbent upon money to a candidate is akin to brib- ery. It is her prerogative to make such but in the real world. Her under- [them] under the Constitution and laws statements, as provocative as they standing of the law is grounded not of the United States.’’ only in theory but also in practice. Her The emphasis here is on the equal may be. But it is not her prerogative as record and qualifications are tremen- treatment of everyone, without respect a judge to fail to follow clear Supreme Court precedent in favor of her polit- dous. She has worked at almost every to person, status, or belief, that every- ical beliefs. Yet when she had the level of our judicial system—as a pros- one in America can expect that when chance to vote on whether to correct a ecutor, as a litigator, a trial court they enter a courtroom, they will not clear failure to follow Supreme Court judge, and appellate judge. be treated any differently than anyone precedent by her circuit in this very That is the exact type of experience else. That is what justice is, after all. area of the law, she voted against doing we need on the Supreme Court. When And that is what Americans expect of so. Ultimately, the Supreme Court, in she is confirmed, she will bring to the our judicial system, equality under the an opinion authored by Justice Breyer, bench more judicial experience than law. corrected this error by her circuit on any sitting Justice had when they Now, President Obama has made it the grounds that it had failed to follow joined the Court. abundantly clear, as a Senator, as a precedent. candidate for President, and now as Judge Sotomayor has been nomi- There are other areas of concern. nated by both Democratic and Repub- President, that he has a somewhat dif- Judge Sotomayor also brushed aside lican Presidents. She has been con- ferent requirement for his appointees a person’s claim that their private firmed twice by the Senate with strong to the Federal bench. He has repeat- property had been taken in violation of bipartisan support. Her record is well edly emphasized that his ‘‘criterion’’ the fifth amendment’s ‘‘takings known and well respected. We are com- for a federal judge is their ability to clause.’’ As in the Ricci case, her panel mitted to ensuring that she has a rig- ‘‘empathize’’ with certain groups. That kicked the plaintiffs’ claims out of orous and reasonable confirmation is a great standard, if you are a mem- court in an unsigned, unpublished, hearing. We expect both sides to ask ber of one of those specific groups. It is summary order, giving them only a tough questions and we expect both the not so great, though, if you are not. So brief, one paragraph explanation as to questions and their answers to be fair it might be useful to consider some of why. Moreover, in the course of doing and honest before she is confirmed. the groups who have found themselves so, she dramatically expanded the Su- f on the short end of the ‘‘empathy’’ preme Court’s controversial 2005 deci- standard. sion in Kelo v. New London. In Kelo, RECOGNITION OF THE MINORITY First, there are those who rely on the LEADER the Supreme Court broadened the first amendment’s right to engage in meaning of ‘‘public purpose’’ that al- The ACTING PRESIDENT pro tem- political speech. Then there are those lows the government to take someone’s pore. The minority leader is recog- Americans who want to lawfully exer- private property. Judge Sotomayor, in nized. cise their right to bear arms under the the case of Didden v. Village of Port f second amendment. Next, those who Chester, broadened the government’s want protection under the fifth amend- SOTOMAYOR CONFIRMATION power even further. ment’s requirement that private prop- HEARINGS Her panel’s ruling in Didden now erty cannot be taken for a public pur- makes it easier for a person’s private Mr. MCCONNELL. Mr. President, pose without just compensation, and property to be taken for the purpose of today the Senate Judiciary Committee that it should not be taken for another conferring a private benefit on another will begin its hearings on the nomina- person’s preferred private use at all. private party. This result is at odds tion of Judge Sonia Sotomayor to be Also, there are those who want protec- with both the plain language of the an Associate Justice on the U.S. Su- tion from unfair employment practices fifth amendment’s takings clause, and preme Court. The consideration of a under the 14th amendment’s guarantee with the Supreme Court’s statements Supreme Court nominee is always a of the equal protection of the law. in Kelo. And, as in Ricci, she did it historic event. Since our Nation’s I mention these specific groups be- without providing a thorough analysis founding, only 110 people have served cause Judge Sotomayor has had to of the law. Her panel devoted just one on the High Court, and 10 of those were handle cases in each of these areas. paragraph to analyzing the plaintiffs’ nominated by George Washington. And looking at her record, it appears important Fifth Amendment claims. It There are few duties more consequen- the President has nominated just the is no wonder then that property law ex- tial for a Member of the U.S. Senate kind of judge he said he would, some- pert Professor Ilya Somin at George than to vote on a Supreme Court nomi- one who appears to have ‘‘empathy’’ Mason University Law School called it nee. for certain groups who appear before ‘‘one of the worst property rights deci- This particular nominee comes be- her, but not for others. sions in recent years.’’ Professor Rich- fore the Judiciary Committee with a As I discussed last week, Judge ard Epstein at the University of Chi- compelling life story. Like so many Sotomayor kicked out of court the cago College of Law called it not only other Americans before her, Judge claims of New Haven, CT, firefighters ‘‘wrong’’ and ‘‘ill thought out,’’ but Sotomayor has overcome great adver- who had been denied promotions be- ‘‘about as naked an abuse of govern- sity. In this, she has reaffirmed once cause some minority firefighters had ment power as could be imagined.’’ again that ours is a nation in which not performed as well as a group of There is more. Judge Sotomayor has one’s willingness to work hard and mostly White firefighters on a race- twice ruled that the second amendment

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As with the and her views. tion and quality of life that our service Ricci and Didden cases, Judge I yield the floor. men and women and their families de- Sotomayor gave the losing party’s f serve as they face the hardships im- claims in these cases short shrift and posed by continuing military oper- did not thoroughly explain her anal- RESERVATION OF LEADER TIME ations around the world. For example, ysis. In one case, she disposed of the The ACTING PRESIDENT pro tem- the bill contains provisions that would, party’s second amendment claim in a pore. Under the previous order, the first, authorize a 3.4-percent across- mere one-sentence footnote. In the leadership time is reserved. the-board pay raise for all uniformed other case, which was argued after the f military personnel, and that represents Supreme Court’s seminal second half a percent more than the budget re- amendment decision in District of Co- NATIONAL DEFENSE AUTHORIZA- quest and the annual rate of inflation. lumbia v. Heller, she gave this impor- TION ACT FOR FISCAL YEAR 2010 The bill authorizes a 30,000 increase in tant precedent cursory treatment, de- The ACTING PRESIDENT pro tem- the Army’s Active-Duty end strength voting only one paragraph in an un- pore. Under the previous order, the during fiscal years 2011 and 2012 in signed opinion to this important issue, Senate will proceed to the consider- order to increase dwell time and reduce which is unusual for a case of this sig- ation of S. 1390, which the clerk will re- the stress created by repeated deploy- nificance. port. ments. The bill authorizes payment of The losing parties in these cases The assistant legislative clerk read over 25 types of bonuses and special might not have belonged to the groups as follows: pays aimed at encouraging enlistment, that the President had in mind when reenlistment, and continued service by he was articulating his ‘‘empathy’’ A bill (S. 1390) to authorize appropriations for fiscal year 2010 for military activities of Active-Duty and Reserve military per- standard. But they certainly under- the Department of Defense, for military con- sonnel. We increase the authorization score the hazards of such a standard. struction, and for defense activities of the for the Homeowners’ Assistance Pro- They had important constitutional Department of Energy, to prescribe military gram by $350 million in order to pro- claims, and they deserved to have their personnel strengths for such fiscal year, and vide relief to homeowners in the Armed claims treated seriously and adju- for other purposes. Forces who are required to relocate be- dicated fairly under the law, regardless The ACTING PRESIDENT pro tem- cause of base closures or change of sta- of what Judge Sotomayor’s personal pore. The Senator from Michigan. tion orders. And we increase the max- and political agendas might be. Yet it Mr. LEVIN. Mr. President, on behalf imum amount of supplemental subsist- strikes me that the losing parties in of the Armed Services Committee, I am ence allowance from $500 to $1,100 per these cases did not in fact get the fair pleased to bring S. 1390, the National month to ensure that servicemembers treatment they deserved. Defense Authorization Act for Fiscal and their families do not have to be de- Indeed, taken together, these cases Year 2010, to the Senate floor. This bill pendent on food stamps. strongly suggest a pattern of unequal will fully fund the year 2010 budget re- The bill also includes important treatment in Judge Sotomayor’s judi- quest of $680 billion for national secu- funding and authorities needed to pro- cial record, particularly in high-profile rity activities in the Department of vide our troops the equipment and sup- cases. This pattern is particularly dis- Defense and the Department of Energy. port they will continue to need as long turbing in light of Judge Sotomayor’s The Senate Armed Services Com- as they remain on the battlefields in numerous comments about her view of mittee has a long tradition of setting Iraq and Afghanistan. For example, the the role of a judge, such as questioning aside partisanship and working to- bill contains provisions that would pro- a judge’s ability to be impartial ‘‘even gether in the interest of the national vide $6.7 billion for the Mine Resistant in most cases,’’ asserting that appel- defense. This year follows that tradi- Ambush Protected, MRAP, vehicle late courts ‘‘are where policy is made,’’ tion. I am pleased that S. 1390 was refund, including an increase of $1.2 bil- and concluding that her experiences ported to the Senate on a unanimous lion above the President’s budget re- and views affect the facts that she 26-to-nothing vote of the committee. quest for MRAP all-terrain vehicles ‘‘chooses to see’’ in deciding cases. This vote stands as a testament to the Republicans take very seriously our which will be deployed in Afghanistan. common commitment of all of our obligation to review anyone who is The bill fully funds the President’s Members to supporting our men and nominated to a lifetime position on our budget request for U.S. Special Oper- Nation’s highest court. That is why women in uniform. I particularly ations Command and adds $131 million Senators have taken time to review thank Senator MCCAIN, our ranking for unfunded requirements identified Judge Sotomayor’s record to make minority member, for his strong sup- by the commander of Special Oper- sure she has the same basic qualities port throughout the committee process ations Command. The bill provides full we look for in any Federal judge: su- and, of course, for the dedication he funding for the Joint Improvised Ex- perb legal ability, personal integrity, has shown to national defense through- plosive Device Defeat Organization to sound temperament, and, most impor- out his Senate career. continue the development and deploy- tantly, a commitment to read the law Earlier this year, the Armed Services ment of technologies to defeat these evenhandedly. At the beginning of this Committee reported out the Weapons attacks. And we provide nearly $7.5 bil- process, I noted that some of Judge Systems Acquisition Reform Act of lion to train and equip the Afghan Na- Sotomayor’s past statements and deci- 2009 with similar bipartisan support. In tional Army and the Afghan National sions raised concerns. As we begin the less than 2 months, we were able to get Police so they can carry more of the confirmation hearings, those concerns the bill passed by the Senate, complete burden of defending their own country have only multiplied. conference with the House, and have against the Taliban. Boiled down, my concern is this: that the President sign it into law. It is my The bill would also implement most Judge Sotomayor’s record suggests a hope that we will be able to move with of the budget recommendations made history of allowing her personal and similar dispatch on the bill now before by the Secretary of Defense to termi- political beliefs to seep into her judg- us. nate troubled programs and apply the ments on the bench, which has repeat- This bill contains many important savings to higher priority activities of edly resulted in unequal treatment for provisions that will improve the qual- the Department. For example, the bill those who stand before her. ity of life of our men and women in will terminate the Air Force Combat But that is what these hearings are uniform, provide needed support and Search and Rescue-X helicopter pro- all about: giving nominees an oppor- assistance to our troops on the battle- gram, CSAR–X. It will terminate the tunity to address the concerns that fields in Iraq and Afghanistan, make VH–71 Presidential helicopter. It would Senators might have about a nominee’s the investments we need to meet the cancel and restructure the manned record. In this case, the list is long. challenges of the 21st century, and re- ground vehicle portion of the Army’s

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It would terminate the Multiple public-private competitions under OMB apply in adopting the procedures for Kill Vehicle Program, cancel the ki- circular A–76 until the Department military commissions that we have in- netic energy interceptor, cancel the complies with an existing statutory re- cluded in our bill. second airborne laser prototype air- quirement to develop information This new language addresses a long craft, and it would authorize $900 mil- needed to manage its service contrac- series of problems with the procedures lion of additional funding in the budget tors, plan for its civilian employee currently in law. For example, relative request to field more theater missile workforce, and identify functions that to the admissibility of coerced testi- defense systems, the Terminal High Al- would be subject to public-private com- mony, the provision in our bill would titude Area Defense, the THAAD, and petition. eliminate the double standard in exist- the standard missile-3 interceptors, Fourth, we would authorize the Sec- ing law under which coerced state- and converting additional AEGIS ships retary to establish a new defense civil- ments are admissible if they were ob- for missile defense to defend our for- ian leadership program to help recruit, tained prior to December 30, 2005. They ward-deployed forces and allies against train, and retain highly qualified civil- would be inadmissible regardless of the many short- and medium-range ian employees to help lead the Depart- when the coercion occurred. Relative missiles held by countries such as ment of Defense over the next 20 years. to the use of hearsay evidence, the pro- A very important provision in this North Korea and Iran. vision in our bill would eliminate the The bill supports the decision of Sec- bill is section 1031, which would address extraordinary language in the existing retary Gates to stop deployment of the the problems that exist with military law which places the burden on detain- ground-based interceptors at 30 mis- commissions. The military commis- ees to prove that hearsay evidence in- siles and to focus on improving the casions provisions we have in law today troduced against them is not reliable pability of this system to be more reli- do not provide basic guarantees of fair- and probative. Relative to the issue of able and effective than the current sys- ness identified by our Supreme Court. access to classified evidence and excul- tem against the limited threat of long- The existing provisions place a cloud, patory evidence, the provision in our range missiles. therefore, over military commissions bill would eliminate the unique proce- The bill also supports the decision to and have led some to conclude that the dures and requirements which have continue production of those ground- use of military commissions can never hampered the ability of defense teams based interceptors that are on contract be fair, credible, or consistent with our to obtain information and which have and to use them as test missiles and as basic principles of justice. led to so much litigation. We would spares. By fielding the most modern Earlier this year, the President stat- substitute more established procedures version of the interceptor, using mod- ed that military commissions can be based on the Uniform Code of Military ern silos and conducting operationally reformed to meet basic standards of Justice, the UCMJ, with modest realistic testing with the additional fairness needed for them to play a le- changes to ensure that the government missiles instead of putting them in gitimate role in prosecuting violations cannot be required to disclose classi- silos, the system will provide, in Sec- of the law of war. In his May 21, 2009, fied information to unauthorized per- retary Gates’ words, a ‘‘robust capa- speech at the National Archives, Presi- sons. bility’’ that is ‘‘fully adequate to pro- dent Obama stated that: Even if we are able to enact new leg- tect us against a North Korean threat Military commissions have a history in the islation that successfully addresses the for a number of years.’’ According to United States dating back to George Wash- problems in existing law, we will have ington and the Revolutionary War. They are a ways to go to restore public con- testimony to the committee, the Joint an appropriate venue for trying detainees for Chiefs of Staff and the combatant com- violations of the laws of war. They allow for fidence in military commissions and manders agreed that their highest pri- the protection of sensitive sources and meth- the justice they produce. However, we ority for the GMD—ground missile de- ods of intelligence-gathering; they allow for will not be able to restore confidence in fense—system was to have 30 intercep- the safety and security of participants; and military commissions at all unless we tors with improved reliability, avail- for the presentation of evidence gathered first substitute new procedures and ability, and effectiveness. The bill be- from the battlefield that cannot always be language to address the problems with fore us again supports Secretary Gates’ effectively presented in federal courts. the existing statute. decision to field that improved capa- The President continued: As of today, we have almost 130,000 bility. . . . Instead of using the flawed commis- U.S. soldiers, sailors, airmen, and ma- I am disappointed that the com- sions of the last seven years, my administra- rines on the ground in Iraq. Over the mittee voted on a very close vote not tion is bringing our commissions in line with course of the next fiscal year, we will the rule of law.... [W]e will make our mili- undertake the difficult task of drawing to terminate the F–22 aircraft produc- tary commissions a more credible and effec- tion program, as requested by the Sec- tive means of administering justice, and I down these Iraqi numbers while main- retary of Defense and as supported by will work with Congress and members of taining security and stability on the the Joint Chiefs of Staff. I plan to join both parties, as well as legal authorities ground. At the same time, we have in- with Senator MCCAIN in seeking to across the political spectrum, on legislation creased our forces in Afghanistan, with overturn that decision during floor to ensure that these commissions are fair, le- close to 60,000 troops engaged in in- consideration of this bill. gitimate, and effective. creasingly active combat and combat Finally, the bill contains a number of We agree with the President, and sec- support operations, and more are on provisions that will help improve the tion 1031 reflects our determination to the way. management of the Department of De- reform the commissions. In its 2006 de- While there are many issues where fense and other Federal agencies. For cision in the Hamdan case, the Su- there may not be a consensus, we all example, the bill contains provisions preme Court held that Common Article know—and there is a consensus on that would, first, improve Department 3 of the Geneva Conventions requires this—that we must provide our troops of Defense financial management by that the trial of detainees for viola- the support they need as long as they requiring the Department to engage in tions of the law of war be conducted in remain in harm’s way. Senate action business process reengineering before a manner consistent with the proce- on the National Defense Authorization acquiring new information technology dures applicable in trials by courts- Act for fiscal year 2010 will improve the systems and to submit regular reports martial and that any deviation from quality of life for our men and women on its progress toward auditable finan- those procedures be justified by ‘‘evi- in uniform. It will give them the tools cial statements. dent practical need.’’ The Supreme they need to remain the most effective Second, it requires the Department Court said that the ‘‘uniformity prin- fighting force in the world. And very of Defense to develop a comprehensive ciple is not an inflexible one; it does importantly, it will send an important

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.002 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7381 message that we, as a nation, stand be- lies, and improves military health We must strengthen our commitment hind them and are deeply grateful for care. It fully funds the growth of the to enforcing the Non-Proliferation their service. Army and Marine Corps. Indeed, it au- Treaty and the existing inspections re- So we look forward to working with thorizes further growth of the Army gime. We must lead an international colleagues to pass this important legis- should that be necessary to sustain our effort to interdict and prevent the lation. Again, I thank Senator MCCAIN combat operations and further reduce world’s most dangerous weapons from for all he and his staff have done to the strain on our forces. getting into the hands of the world’s bring this bill to the floor. The bill retains a balanced capability worst actors. I know there are varying I yield the floor. to deter aggression by increasing intel- views on the future of missile defense The ACTING PRESIDENT pro tem- ligence, surveillance, and reconnais- and our long-term strategic force pos- pore. The Senator from Arizona. sance capabilities, investing in tactical ture, and I look forward to those de- Mr. MCCAIN. Mr. President, I thank aircraft and ships, and accelerating the bates. Chairman LEVIN, and I share his grati- purchase of mine-resistant all-terrain The bipartisan nature of our com- tude in thanking our subcommittee vehicles for our troops in Afghanistan. mittee allows for candid discussion, chairmen and ranking members who This bill acknowledges that the lively debate, and, at times, disagree- contributed so much to writing this United States has a vital national se- ment. In that spirit, there are some bill. They held numerous hearings on curity interest in ensuring that Af- items in the bill I do not support and many important issues, and I thank ghanistan does not once again become were not in the President’s budget re- them all for their hard work. And they a safe haven for terrorists. It supports quest, such as continuation of the F–22 were ably assisted by our extremely a comprehensive counterinsurgency aircraft production line, funding for competent committee staff. Bringing strategy that is adequately resourced the Joint Strike Fighter alternate en- this bill to the floor each year is a tre- and funded by Congress based on iden- gine, and earmarks totaling approxi- mendous undertaking, and it would not tified needs to date and calls on the mately $6.4 billion. I was disappointed be possible without the hard work of President to provide our U.S. military that, in spite of a veto threat from the our outstanding professional staff who commanders with the military forces White House, our committee chose to ensure that the process goes smoothly. they require in order to succeed. add $1.75 billion for seven F–22 aircraft I also extend my special thanks to In Iraq, the committee ensures that and at least $439 million for an alter- Chairman LEVIN, with whom I have the Congress will support the Presi- nate engine for the Joint Strike Fight- worked for many years now. I com- dent’s plan to redeploy combat forces er. Neither the President nor the Pen- mend him on his leadership, grace, and while providing our commanders the tagon asked for F–22s or the alternate integrity in shepherding this bill. It is flexibility to hold hard-fought security engine in the budget request, nor were not easy managing the competing in- gains and ensure the safety of our they part of the Service’s Unfunded terests, views, and opinions of 26 Sen- forces. Priority List. Secretary Gates has con- ators, but Chairman LEVIN does an out- One of the toughest issues this com- sistently opposed the need for addi- standing job at ensuring we all feel mittee has taken a leading role in— tional F–22 aircraft and has indicated heard and understood, even if we do not both in past years and in this bill—is on a number of occasions that addi- always agree. I continue to admire his detainee policy. Since 2005, this com- tional F–22 aircraft are not required to steadfast dedication to the commit- mittee has developed legislation on de- meet potential threats posed by near- tee’s long tradition of bipartisan co- tainee matters—sometimes in coopera- term adversaries. I strongly support operation. tion with the White House and some- Secretary Gates’ decision to end the F– Chairman LEVIN, you are a friend and times over its strong objections—be- 22 production line at 187 aircraft and great colleague, and I appreciate your cause it is critical to our national secu- his commitment—and the President’s support in both regards. rity and the preservation of our demo- commitment—to building a fifth-gen- Consistent with the longstanding, bi- cratic principles. eration tactical fighter capability by partisan practice of the Armed Serv- This bill makes changes to the Mili- focusing on the timely delivery of the ices Committee, this bill reflects our tary Commissions Act of 2006. We have F–35 Joint Strike Fighter to the Air committee’s continued strong support all—Senator LEVIN, Senator GRAHAM, Force, Navy, and Marines. for the brave men and women of the and others—worked closely together to I look forward to lively debates on U.S. Armed Forces. It is, for the most address some of these difficult issues. these and other important issues over part, an excellent bill, and I believe the We have not resolved all of the chal- the next few days. committee has made informed deci- lenges military commissions and other I want to make very clear to my col- sions regarding the authorization of aspects of detainee policy present, but leagues, the reason Senator LEVIN and over $680 billion in base and overseas I believe we have made substantial I support the administration’s and Sec- contingency operations funding for fis- progress that will strengthen the mili- retary Gates’ proposal to terminate at cal year 2010. To a great extent, it retary commissions system during appel- 187 the F–22 fighter aircraft is not be- flects the priorities laid out by the Sec- late review, provide a careful balance cause we believe we are going to leave retary of Defense and the administra- between protection of national security the Nation undefended. We need the tion. It also reflects his decision to end and American values, and allow the next-generation F–35 Joint Strike troubled programs and focus our lim- trials to move forward with greater ef- Fighter. Our armed services are count- ited resources on today’s threats and ficiency toward a just and fair result. ing on them. We want to increase fund- the lessons we have learned after more The committee also had a healthy de- ing for the F–35 Joint Strike Fighter, than 8 years of war. bate on the future of missile defense an aircraft and weapon system that in While the provisions in the bill dem- and our strategic deterrence capabili- the view of many experts—including onstrate our commitment to provide ties. I welcome and share President my view—would be far more capable of our soldiers, sailors, airmen, and ma- Obama’s aspirations, hope for a nu- meeting the emerging threats of the fu- rines the very best available equip- clear-free world. However, I believe we ture. So I want my colleagues to under- ment, training, and support in order to must also be prudent and practical in stand this debate is not just about cut- provide them with the best possible our reductions and remain vigilant ting a weapon system or bringing to an tools to undertake their missions, I be- about the global proliferation of ad- end, frankly, the line of a fighter air- lieve we can and should improve the vance missile and nuclear technology. craft; it is bringing to the end the line bill in certain respects, and I will offer While recently much of our national of one fighter aircraft and moving for- amendments during our floor debate to defense posture supports combating ward with another generation— for all do so. terrorists, we cannot grow complacent three services, a very capable weapons The bill takes care of our men and to the danger that rogue nations such system, one that meets the threats of women in uniform and their families as North Korea and Iran pose to us— the 21st century. by providing military members with a whether it is missile launches within So I think it is important that we 3.4-percent pay raise. It expands care range of Hawaii or transferring weap- look at the argument that will come for wounded warriors, supports fami- ons to Hezbollah or Hamas. forward about jobs created or jobs lost.

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.021 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7382 CONGRESSIONAL RECORD — SENATE July 13, 2009 There will be jobs created, but the ra- There being no objection, the mate- F–22 at 187 aircraft. But it appears that even tionale for defense weapons systems rial was ordered to be printed in the after Air Force leadership informed Senator should never be the creation of jobs. It RECORD, as follows: SAXBY CHAMBLISS (R–GA) of their support of the Secretary’s decision to end production of should only be about the best way to JULY 8, 2009. the F–22, the Senator continued to pursue defend this Nation in a very dangerous DEAR SENATOR, The undersigned groups funding for the program—made in Mariettta, world. urge you to eliminate funding for seven Georgia—by soliciting a request from Air So it is my understanding it is the unneeded F–22 Raptor fighter jets from the National Guard Director Lieutenant General National Defense Authorization Act of 2010. Harry M. Wyatt III, which the Director not wish of the chairman—and I join him— The addition of these F–22s demonstrates that the first amendment for debate surprisingly provided. not only wasteful spending that serves paro- The Director’s request flies directly in the will be the administration proposal to chial interests but irresponsible, smoke and face of the overarching strategic needs ex- finish the F–22 aircraft production line, mirrors budgeting. Just as our national secu- pressed by the Secretary of Defense and re- saving some $1.75 billion. So I look for- rity strategy is based upon anticipating peated by the Vice Chairman of the Joint ward to that debate. I look forward to probable threats, our defense budget must Chiefs of Staff as recently as this morning. my colleagues coming to the floor who also rely upon realistic sources of future in- Beyond the appalling nature of this solici- would oppose that amendment. I hope come. tation, POGO is concerned by the ‘‘Addi- We are particularly concerned by recent my colleagues understand we would tional Views of Senator Chambliss’’ section media reports indicating that funding for the of the National Defense Authorization Act like to get this done this week, if pos- F–22 will rely on anticipated savings from for Fiscal Year 2010 that encourages the Air sible. defense procurement reform, even though Force to position F–22s in Massachusetts, One more comment about the F–22 the Congressional Budget Office has said California, Oregon, Louisiana, Florida, Alas- and the alternate engine for the Joint there is no basis for determining these sav- ka, and Hawaii. It appears that the speci- Strike Fighter: The President of the ings. Other sources report that the money ficity of this request may have been a politi- United States, I am told, and the Sec- will also take hundreds of millions from op- cally motivated decision to garner support erations and maintenance accounts, a com- from the Senators and Governors of these retary of Defense have made it very mon budgeting gimmick that directly im- states. clear a veto is very likely if the Con- pacts our soldiers in the field. National security spending should be based gress does not act to end production of Additionally, we are dismayed by proposals solely upon strategic needs. Parochial inter- the F–22 line. I would strongly rec- to pay for F–22s by taking $146 million from ests have no place in our national defense. ommend the President of the United the Joint Strike Fighter’s management re- Both the Secretary of Defense and Air Force States go ahead and veto this bill if the serve fund. This fund, which has historically leadership have made it clear that continued F–22 is included. At some point, with experienced shortfalls, is needed to address procurement of the F–22 does not support our any unexpected issues in the program, and unemployment at 9.5 percent, with peo- national security. To sell our national secu- removing money may disrupt the Joint rity as part of a horse-trade calls the integ- ple not being able to stay in their jobs, Strike Fighter’s development. Both the Sec- rity of Congress’s procurement process into with health care being less available retary of Defense and the Secretary of the question. and less affordable in America, we can- Air Force have stressed that the Joint We would welcome an opportunity to share not afford to spend $1.7 billion addi- Strike Fighter program is critical to our na- our concerns. Sincerely, tional taxpayer dollars for a system tional security, and both support ending F–22 DANIELLE BRIAN. that can be replaced by a more capable procurement at 187 planes. [From the Philadelphia Inquirer, July 9, weapons system and one that can de- In a June 24 Statement of Administration Policy, the President’s advisers said they 2009] fend our Nation with greater efficiency would be forced to recommend a veto if the A JET EVEN THE MILITARY DOESN’T WANT and less cost. National Defense Authorization Act includes (By Lawrence Korb and Krisila Benson) So I believe, frankly, there is more at advance procurement of the F–22 or spending Congress decided to end production of the stake than just whether we adopt the that would seriously disrupt the Joint Strike costly F–22 Raptor fighter jet at 187 planes Levin-McCain amendment to termi- Fighter program. Procurement of additional after a debate on the 2009 supplemental war nate production of the F–22 as origi- F–22s does not serve our national security budget last month. But the very next day, nally scheduled. I think this is a much needs and jeopardizes the Department of De- the House Armed Services Committee fense’s higher priorities. We ask you to take stripped $369 million for environmental larger issue, and I hope my colleagues a stand against wasteful and irresponsible understand the importance of it. I cleanup from the fiscal 2010 budget to fund spending and support amendments that will an additional 12 F–22s. The Senate Armed hope, if the Levin-McCain amendment delete this funding from the 2010 defense au- Services Committee went a step further, pro- is defeated—I hope it is not because I thorization bill. viding $1.75 billion for seven more F–22s believe Senator LEVIN and I can make DANIELLE BRIAN, without clearly identifying the source of a convincing argument on behalf of the Project On Govern- funds. administration and the Secretary of ment Oversight. The F–22 costs nearly $150 million per Defense—but if it is, that there be no RYAN ALEXANDER, plane—twice what was projected at the out- Taxpayers for Common set of the program. Factoring in develop- doubt that the President of the United Sense. States would veto this bill. ment costs, the price tag increases to about $350 million per plane for the current fleet of I say that with great reluctance. I PROJECT ON GOVERNMENT OVERSIGHT, 187. say it with almost a sense of deep re- Washington, DC, July 9, 2009. It may look as if the House Armed Services gret because there are so many things HARRY REID, Committee has added ‘‘only’’ $369 million. in this bill that are important to the Majority Leader, U.S. Senate, Hart Senate Of- But given that it would provide funds for 12 defense of our Nation, whether it be fice Bldg, Washington, DC. additional F–22s, each with a price tag of $150 MITCH MCCONNELL, the care and pay raises and hospitaliza- million (excluding development costs), the Minority Leader, U.S. Senate, Russell Senate real cost to American taxpayers would be tion and care of our wounded warriors, Office Building, Washington, DC. about $2 billion. along with many other issues. But at CARL LEVIN, The F–22 is the most capable air-to-air some point this Congress and this Na- Chairman, Senate Armed Services Committee, fighter in the Air Force inventory. Yet it has tion have to exercise the fiscal dis- Russell Senate Office Building, Washington, only limited air-to-ground attack capabili- cipline the economic crisis we are in DC. ties, which makes it unsuitable for today’s today demands. JOHN MCCAIN, counter-insurgency operations. In fact, the Ranking Member, Senate Armed Services Com- F–22 has never been used in either Iraq or Af- I again wish to thank Senator LEVIN mittee, Russell Senate Office Building, ghanistan. It was designed to fight next-gen- for the long and close relationship and Washington, DC. eration Soviet fighters that never material- work we have done together. Some- DEAR SENATORS, The Project On Govern- ized, and, as Defense Secretary Robert Gates times we have had very spirited but ment Oversight (POGO) is writing to express has noted, it is nearly useless for irregular very informative discussions, and I our serious concerns about the integrity of warfare. know those will continue as we address the process to add seven unneeded F–22s to The F–22 has no known enemy. It is the this very important legislation before the Senate’s version of the National Defense most advanced fighter plane in the world, the Senate. Authorization Act of 2010. and there are no other planes that could Numerous congressional hearings and press threaten its supremacy in air-to-air combat. Mr. President, I ask unanimous con- reports have demonstrated that Air Force The United States already has 187 F–22s on sent to have printed in the RECORD ma- leadership supports Defense Secretary Rob- hand or on order—a silver-bullet force that is terial in support of my remarks. ert Gates’ decision to end production of the more than adequate to deal with any likely

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.023 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7383 contingency. In fact, Gates said that even if The amendment is as follows: NATIONAL DEFENSE AUTHORIZA- he had $50 billion more to spend, he would (Purpose: To strike $1,750,000,000 in Procure- TION ACT FOR FISCAL YEAR not buy any more F–22s. 2010—Continued The Air Force leadership itself no longer ment, Air Force funding for F–22A aircraft supports continued production of the F–22. procurement, and to restore operation and AMENDMENT NO. 1469 Air Force Secretary Michael Donley and Air maintenance, military personnel, and Mr. LEVIN. Madam President, the other funding in divisions A and B that was Force Chief of Staff Gen. Norton Schwartz pending amendment Senator MCCAIN have publicly said they would prefer to move reduced in order to authorize such appro- and I have offered would strike the priation) on. The plane is not in the Defense Depart- $1.75 billion that was added to the bill ment’s proposed budget for fiscal 2010 (which At the end of subtitle A of title I, add the by a very close vote in committee to begins in October). It’s not even on the Air following: Force’s list of unfunded requests, which con- purchase additional F–22 aircraft that sists of items excluded from the budget for SEC. 106. ELIMINATION OF F–22A AIRCRAFT PRO- the military does not want, that the CUREMENT FUNDING. which it would nevertheless like funding—a Secretary of Defense does not want, wish list of sorts. (a) ELIMINATION OF FUNDING.—The amount that the Chairman of the Joint Chiefs Why are congressional committees willing authorized to be appropriated by section and all the Joint Chiefs do not want, to override the military and civilian leader- 103(1) for procurement for the Air Force for that President Bush did not want, that ship of the Pentagon on the F–22? The latest aircraft procurement is hereby decreased by the prior Chairman of the Joint Chiefs in a string of arguments offered by pro- $1,750,000,000, with the amount of the de- did not want, and they all say the same crease to be derived from amounts available ponents in Congress is the need to protect thing: The expenditure of these funds our industrial base—as if our technical ca- for F–22A aircraft procurement. jeopardizes other programs which are pacity to develop and produce fighter planes (b) RESTORED FUNDING.— is in immediate, grave danger. This argu- (1) OPERATION AND MAINTENANCE, ARMY.— important, and they provide aircraft ment overlooks the fact that the Obama ad- The amount authorized to be appropriated we do not need. ministration’s fiscal 2010 budget includes 28 by section 301(1) for operation and mainte- These are fairly powerful statements F–35 Joint Strike Fighters—planes better nance for the Army is hereby increased by from our leaders, both civilian and suited for air-to-ground combat. $350,000,000. military leaders, in this country. I Moreover, as has been noted by the chair- (2) OPERATION AND MAINTENANCE, NAVY.— hope the Senate will heed them and re- man of the Joint Chiefs of Staff, Adm. Mike The amount authorized to be appropriated verse the action that was taken on a Mullen, the era of producing manned aircraft by section 301(2) for operation and mainte- very close vote in the Armed Services is coming to an end. Mullen correctly points nance for the Navy is hereby increased by out that there will be a shift toward un- Committee. $100,000,000. We received a few minutes ago a let- manned aircraft. (3) OPERATION AND MAINTENANCE, AIR ter from the Secretary of Defense and The F–22 is not an isolated case of unneces- FORCE.—The amount authorized to be appro- sary congressional equipment purchases. priated by section 301(4) for operation and the Chairman of the Joint Chiefs of Congress has added $2.7 billion to the 2009 maintenance for the Air Force is hereby in- Staff. A letter is on its way also from supplemental budget to buy more C–17 and creased by $250,000,000. the President. When I get that letter, I C–130 aircraft—planes neither requested nor (4) OPERATION AND MAINTENANCE, DEFENSE- will, of course, read the President’s let- needed by the Defense Department. It also WIDE.—The amount authorized to be appro- ter. But for the time being, let me added $600 million to the 2010 budget for an priated by section 301(5) for operation and start with the letter we have received unneeded alternate engine for the F–35, maintenance for Defense-wide activities is which will mean buying 50 fewer aircraft. from the Chairman of the Joint Chiefs, hereby increased by $150,000,000. as well as the Secretary of Defense, be- An administration policy statement issued (5) MILITARY PERSONNEL.—The amount au- on June 24 said the president’s senior advis- thorized to be appropriated by section cause it is succinct. It is to the point. ers would recommend a veto of a bill con- 421(a)(1) for military personnel is hereby in- It states the case for not adding addi- taining funding for more F–22s. If the entire creased by $400,000,000. tional F–22s as well as anything I have Congress approves either of the armed serv- (6) DIVISION A AND DIVISION B GENERALLY.— seen. ices committees’ recommendations on the F– In addition to the amounts specified in para- Dear Senators Levin and McCain: We are 22, President Obama should indeed veto the graphs (1) through (5), the total amount au- writing to express our strong objection to bill. Only then will Congress get the message thorized to be appropriated for the Depart- the provisions in the Fiscal Year 2010 Na- that in this era of exploding national debt, ment of Defense by divisions A and B is here- tional Defense Authorization Act allocating we cannot waste billions on unnecessary by increased by $500,000,000. $1.75 billion for seven additional F–22s. I be- military equipment. lieve it is critically important to complete Mr. MCCAIN. Mr. President, I yield Mr. LEVIN. Mr. President, this the F–22 buy at 187—the program of record the floor, and I suggest the absence of amendment is the F–22 amendment, since 2005, plus four additional aircraft. a quorum. which would delete the $1.75 billion in There is no doubt that the F–22 is an im- The ACTING PRESIDENT pro tem- the bill that was added in a very close portant capability for our Nation’s defense. pore. The clerk will call the roll. vote in the Armed Services Committee, To meet future scenarios, however, the De- partment of Defense has determined that 187 The assistant legislative clerk pro- with strong opposition of the administration. aircraft are sufficient, especially considering ceeded to call the roll. the future roles of Unmanned Aerial Systems Mr. LEVIN. Mr. President, I ask I may say that this is not the first and the significant number of 5th generation unanimous consent that the order for administration that has attempted to Stealth F–35s coming on-line in our combat the quorum call be rescinded. end the F–22 line. President Bush also air portfolio. The ACTING PRESIDENT pro tem- attempted to end this line at 183 It is important to note that the F–35 is a half generation newer aircraft than the F–22, pore. Without objection, it is so or- planes. dered. and more capable in a number of areas such Unless my friend from Arizona wants as electronic warfare and combating enemy AMENDMENT NO. 1469 to speak, I will ask unanimous consent air defenses. To sustain U.S. overall air Mr. LEVIN. Mr. President, on behalf that the Senate recess until 1 p.m. dominance, the Department’s plan is to buy of myself and Senator MCCAIN, I send roughly 500 F–35s over the next five years Mr. MCCAIN. No, I will not speak. an amendment to the desk and ask for and more than 2,400 over the life of the pro- its immediate consideration. gram. The ACTING PRESIDENT pro tem- f Furthermore, under this plan, the U.S. by 2020 is projected to have some 2,500 manned pore. The clerk will report. fighter aircraft. Almost 1,100 of them will be The assistant legislative clerk read RECESS 5th generation F–35s and F–22s. China, by as follows: Mr. LEVIN. Mr. President, I ask contrast, is expected to have only slightly The Senator from Michigan [Mr. LEVIN], unanimous consent that the Senate more than half as many manned fighter air- for himself and Mr. MCCAIN, proposes an craft by 2010, none of them 5th generation. amendment numbered 1469. stand in recess until 1 p.m. The F–22 program proposed in the Presi- Mr. LEVIN. Mr. President, I ask There being no objection, the Senate, dent’s budget reflects the judgment of two unanimous consent that the reading of at 12:01 p.m., recessed until 1 p.m. and different Presidents, two different Secre- reassembled when called to order by taries of Defense, three chairmen of the the amendment be dispensed with. Joint Chiefs of Staff, and the current sec- the Presiding Officer (Mrs. HAGAN). The ACTING PRESIDENT pro tem- retary and chief of staff of the Air Force. pore. Without objection, it is so or- The PRESIDING OFFICER. The Sen- If the Air Force is forced to buy additional dered. ator from Michigan. F–22s beyond what has been requested, it will

VerDate Nov 24 2008 04:14 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.009 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7384 CONGRESSIONAL RECORD — SENATE July 13, 2009 come at the expense of other Air Force and It is 10 years newer in advancement in avi- that they would make to the President Department of Defense priorities—and re- onics and capabilities in comparison to the should we add additional F–22s. This is quire deferring capabilities in areas we be- F–22. It is a better, more rounded, capable now clear. It is crystal clear, and there lieve are much more critical for our Nation’s fighter. is no way a President of the United defense. He goes on relative to point No. 2: States can say more directly than The letter concludes with the fol- . . . the second variant is the variant that President Obama has said this after- lowing very pointed paragraph: goes to the Marine Corps. The Marine Corps noon that he will veto any bill that For all these reasons, we strongly believe made a conscious decision to forgo buying the F–18E/F in order to wait for the F–35. So supports acquisition of F–22s beyond that the time has come to close the F–22 pro- the 187 already funded by Congress. duction line. If the Congress sends legisla- the F–35 variant that has the VSTOL capa- tion to the President that requires the acqui- bility, which goes to the Marine Corps, is That should clear the air on a very im- sition of additional F–22 aircraft beyond Fis- number two coming off the line. And the portant issue, and that is would the cal Year 2009, the Secretary of Defense will third variant coming off the line is the Navy President veto this bill if it contained strongly recommend he veto it. variant, the carrier-suitable variant. the extra F–22s the military doesn’t Another thing that weighed heavily, and want or wouldn’t he. That speculation It is signed by Secretary of Defense certainly my calculus, was the input of the Gates and the Chairman of the Joint combatant commanders. And one of the is no longer out there. It is now re- Chiefs of Staff Mullen. highest issues of concern from the combat- solved, and it ought to be resolved in The determination of the Depart- ant commanders is our ability to conduct our minds, and we ought to realize ment of Defense to end the production electronic warfare. That electronic warfare then that those who support the added of the F–22 is not new. Secretary is carried on board the F–18. And so looking F–22s are supporting a provision which, Rumsfeld, President Bush, as well as at the lines we would have in hot production, if it is included, will result in the veto number one priority was to get fifth-genera- the current President and Secretary of of a bill which is critically important tion fighters to all of the services; number to the men and women of our military Defense and Chairman of the Joint two priority was to ensure that we had a hot- Chiefs, are recommending the same production line in case there was a problem; and to their missions and operations in thing. We have testimony on the record and number three was to have that hot-pro- Iraq and Afghanistan. at the Armed Services Committee from duction line producing the F–18 Gs which Madam President, not only does the the Chairman of the Joint Chiefs and support the electronic-warfare fight. amendment which was adopted by the the Vice Chairman of the Joint Chiefs, General Cartwright concluded: committee on a very close vote add both urging us strongly to end the pro- So those issues stacked up to a solid posi- planes which our uniform—our mili- duction of the F–22. tion . . . that it was time to terminate the tary—and civilian leaders do not want, Let me read, first, Secretary Gates’s F–22. It is a good airplane. It is a fifth-gen- and say we do not need, but the amend- testimony on May 14 of this year: eration fighter. But we needed to proliferate ment also pays for these additional F– those fifth-generation fighters to all of the 22s in the following ways: . . . [T]he fact is that the F–22 is not going services. And we need to ensure that we were to be the only aircraft in the TACAIR arse- No. 1, it cuts operation and mainte- capable of continuing to produce aircraft for nance. No. 2, it cuts civilian pay funds nal, and it does not include the fact that, for the electronic-warfare capability. And that example, we are going to be building, that need to be available. No. 3, it also was the F–18. In the F–18 we can also produce reduces the balances that have to be ramping up to 48 Reapers unmanned aerial front-line fighters that are more than capa- vehicles in this budget. ble of addressing any threat that we’ll face kept available for military personnel. The F–35, he said, is critically impor- for the next five to 10 years. And No. 4, it assumes that there are tant to take into account. The letter to which I referred from going to be near-term savings in fiscal . . . and the fact is that based on the infor- President Obama has now been re- year 2010 from the acquisition reform mation given to me before these hearings, ceived. I know Senator MCCAIN has re- legislation that we recently adopted the first training squadron for the F–35 at ceived a similar letter. I will read the and the business process reengineering Eglin Air Force Base is on track for 2011. The one I have just received: provision that is in the bill that was additional money for the F–35 in this budget Dear Senator Levin: I share with you a adopted by the Armed Services Com- is to provide for a more robust develop- mittee. mental and test program over the next few deep commitment to protecting our Nation and the men and women who serve it in the Each of those places cannot afford years to ensure that the program does stay those cuts. We are talking here about on the anticipated budget. Armed Forces. Your leadership on national You can say irrespective of previous ad- security is unrivaled, and I value your coun- operations and maintenance. This is ministrations, but the fact remains two sel on these matters. the readiness accounts of our Armed Presidents, two Secretaries of Defense, and It is with this in mind that I am writing to Forces. These are the pay accounts of three Chairmen of the Joint Chiefs of Staff you about S. 1390, the Senate Armed Services our Armed Forces. And in the case of Committee-reported National Defense Au- have supported the 183 build when you look at least one of the four sources, the as- at the entire TACAIR inventory of the thorization Act for Fiscal Year 2010, and in particular to convey my strong support for sumption is unwarranted that we are United States. going to make savings this year from And when you look at potential threats, terminating procurement of additional F–22 for example, in 2020, the United States will fighter aircraft when the current multiyear the acquisition reform legislation, the have 2,700 TACAIR. . . . procurement contract ends. As Secretary very focus of which was to make Gates and the military leadership have de- changes in acquisition reform in the The Vice Chairman of the Joint termined, we do not need these planes. That Chiefs, General Cartwright, just a few short term, which may actually cost us is why I will veto any bill that supports ac- money to save money—significant days ago, on July 9, told the Senate quisition of F–22s beyond the 187 already money—in the long term. But there is Armed Services Committee the fol- funded by Congress. lowing: In December 2004, the Department of De- no assessment I know of that says we fense determined that 183 F–22s would be suf- are going to make savings in 2010 from I was probably one of the more vocal and ficient to meet its military needs. This de- ardent supporters for the termination of the our acquisition reform legislation. termination was not made casually. The De- F–22 production. The reason’s twofold. First, As the Presiding Officer knows, be- partment conducted several analyses which there is a study in the Joint Staff that we cause she was a strong supporter of support this position based on the length and just completed and partnered with the Air this acquisition reform, as were all of type of wars that the Department thinks it Force on that, number one, said that pro- us on the Armed Services Committee, might have to fight in the future, and an es- liferating within the United States military timate of the future capabilities of likely ad- we believed very strongly that we had fifth-generation fighters to all three services versaries. To continue to procure additional to make these changes in the way in was going to be more significant than having F–22s would be to waste valuable resources which we acquire equipment and weap- them based solidly in just one service, be- that should be more usefully employed to ons. Senator MCCAIN has been fighting cause of the way we deploy and because of provide our troops with the weapons that the diversity of our deployments. this battle for as long as I can remem- they actually do need. Point number two is, in the production of ber—change these acquisition reform the F–35 Joint Strike Fighter, the first air- He concludes: procedures—and I have been involved craft variant will support the Air Force re- I urge you to approve our request to end for about as long as I can remember as placement of their F–16s and F–15s. It is a the production of the F–22. well in these efforts. The Armed Serv- very capable aircraft. It is 10 years newer— This is no longer a simple rec- ices Committee put a lot of energy in He is referring here to the F–35— ommendation of the President’s staff the acquisition reform that we adopted

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.006 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7385 unanimously and was ultimately tary personnel accounts. Our bill al- I hope this body is going to adopt the passed and signed by the President. ready has taken $400 million in unobli- Levin-McCain amendment. Two admin- But to say we can’t make savings this gated balances from the military per- istrations now have made an effort to year in no way knocks the importance sonnel accounts in order to pay for ad- end the F–22 line. This is not a partisan of that acquisition reform or mini- ditional personnel pay and benefits, issue. This is a Republican and a Demo- mizes the importance of that acquisi- and we did that, again, in line with the cratic administration that have made tion reform. The fact is, as we said at recommendation of the Government this effort. Our top civilian leaders and the time, there are going to be major Accountability Office. The Depart- our top uniform leaders are unanimous. savings, we believe, from that reform, ment’s top line, so called, for military The Secretary of Defense, Chairman of but they are not going to come in the personnel was intact until the com- the Joint Chiefs, Vice Chairman of the short term. They are surely not coming mittee adopted the F–22 increase Joint Chiefs have joined in supporting in 2010. Yet the amendment which amendment. And if we reduce military the President’s request, just as they added the F–22s made an assumption personnel accounts for nonpersonnel did President Bush’s determination to that there are going to be savings in matters, it is going to result in a mili- end the F–22 line. We have to make 2010 from the acquisition reform legis- tary personnel authorization that is some choices in this budget and in lation. less than was requested, and it is going other budgets, and this is a choice Let me spend a minute on some of to hinder the Department’s ability to which our military is urging us to the other sources of funds for the F–22, execute its military personnel funding make. unobligated balances for operations in the year 2010. That is going to be We all know the effect that this has and maintenance—O&M. We already re- particularly problematic this year, be- on jobs in many of our States, and that duced by $100 million the funds in those cause the Army and Marine Corps have varies from State to State, but prob- accounts, and we did so consistent with moved their increased end strengths to ably a majority of our States will have the report and assessment of the Gov- the base budget. They did that because some jobs impacted by a termination of ernment Accountability Office. So we we urged them to do that. the F–22 line. But we cannot continue acted in a way that would not affect So the cost of personnel continues to to produce weapon systems forever. readiness, would not affect O&M, and rise, and yet one of the sources of the They have a purpose. They have a mis- we had the guidance there of the Gov- funding for the F–22 increase came sion. And those missions and those pur- ernment Accountability Office. But from that very military personnel ac- poses can be carried out by 187 F–22s. what the amendment did that added count. That is not me speaking as Chairman the F–22s is reduced by $700 million There is another impact of the of the Armed Services Committee, that more those O&M accounts. amendment—which was barely adopted is not Senator MCCAIN speaking as the The original bill we adopted avoided in the Armed Services Committee—and ranking Republican on the Armed cutting O&M funds from the Army and that is it is going to cause the Depart- Services Committee, that is both of us from the Marines because readiness ment of Defense to cut back in so- rates across the board have continued saying that we must make difficult called nondirect pay areas, such as bo- choices and we have to build the sys- to suffer after several years in combat. nuses or other personnel support meas- Yet half of the reduction made by the tems we need. The F–35 is a system ures, which could have a very signifi- which all of the services need. It cuts amendment which added the F–22s was cant impact—a negative impact—on assessed against O&M Army. It is a across the services. It has greater capa- the long-term management of the all- bilities in electronics than does the F– dangerous thing to do. It is an unwise volunteer force. It is very likely that thing to do. 22. It is a half of a generation advance the Department will then have to ei- We also now face an increase in the on the F–22. This is not to minimize ther seek a reprogramming during the price of oil—an increase above what the importance of the F–22. We have the accounts assumed would be the next fiscal year to cover personnel and will have 187 in our inventory. cost of energy. So we have an addi- costs or they may even have to file a While not minimizing the importance tional challenge to those O&M ac- supplemental request. of the F–22, it points out how impor- We have worked hard as a Congress counts which would be made far more tant it is that we modernize, and in to get the administration—any admin- difficult and those reductions far more order to do that—and that means the istration, as we tried during the Bush problematic in that regard as well. F–35—we have to at some point say we Another source of funds which was years and we try again during the have enough F–22s. We tried it last used to add the F–22s was in the civil- Obama years—to make sure that its year. We could not succeed last year. ian pay accounts. Civilian pay had al- budget request is solid; that it will not But this year, not only does the Presi- ready been reduced by almost $400 mil- require reprogramming; that it will not dent oppose the increase, as did Presi- lion in the Air Force, and we did that require a supplemental request. With dent Bush, President Obama has now consistent with, again, the assessments this amendment—which was again said in writing today that he will veto of the Government Accountability Of- adopted by just two votes in the Armed a bill that contains the unneeded F–22s. fice. Further, civilian pay reductions of Services Committee—we are jeopard- Our men and women in the military $150 million to help fund the F–22s can izing that longstanding effort on the deserve a defense authorization bill. have a negative effect on readiness, and part of Congress to make sure that the This has a pay increase even larger we simply cannot take that risk. Also, budget request of the administration in than that requested. It has benefits that cut does not take into effect the fact is a realistic request when it that are essential. It has bonuses and likely additional civilian pay raise comes to the various accounts. And other programs to help recruitment that we will have to absorb in these particularly this year, as the Army and and retention. It helps our families. It budgets if, as is likely, using historical Marine Corps have moved their in- modernizes our weapon systems. At acts, Congress increases the civilian creased end strengths to the base budg- some point, we have to acknowledge pay raise to match the increased mili- et, as we have pressed them to do for that a weapon system production, ex- tary pay raise. many years, it is a mistake for us to be tremely valuable, has come to a logical Deep cuts in funds available for civil- taking funds from that account. end and that it is time to then pick up ian pay will have that effect, but also I have talked about acquisition re- its continuity with a different plane, a these cuts will undermine the Sec- form and the fact that the amendment different weapon system which will retary’s efforts and our efforts to hire which was adopted in committee as- benefit our military and support the significant numbers of new employees sumed savings from acquisition reform. men and women in uniform. for the acquisition workforce, it is I have pointed out, and will not repeat, I yield the floor. going to set back our effort to imple- that while the acquisition reform, The PRESIDING OFFICER. The Sen- ment acquisition reform, and it is strongly supported obviously by our ator from Arizona is recognized. going to cost us a lot more money in committee and by the Congress, is like- Mr. MCCAIN. I thank Senator LEVIN the long run. ly to result in major savings, it cannot for his eloquent statement and com- Another source of the money for the be assumed to produce savings in the ments concerning this amendment. I additional F–22s came from the mili- short term. thank him for his leadership on it.

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.007 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7386 CONGRESSIONAL RECORD — SENATE July 13, 2009 I have been for many years engaged been in production since December as opposed to the opinion and judgment in the Senate consideration of the De- 2005. We are in July of 2009, and the F– of the individuals whom I just cited. fense authorization bill. This is prob- 22 has yet to fly in combat in the two If the Air Force is forced to buy additional ably one of the most interesting—I wars in which we are engaged. It has F–22s beyond what has been requested, it will think my colleague will agree—because been plagued with some significant come at the expense of other Air Force and we are beginning with a measure that, maintenance problems, not to mention Department of Defense priorities—and re- if not passed, will result in a veto by dramatic cost overruns. quire deferring capabilities in areas we believe are much more critical for our Nation’s the President of the United States of This is not an argument about defense. America. whether the F–22 is an important capa- There is no free lunch. There is no I appreciate this letter the President bility for our Nation’s defense. It is. free $1.75 billion. There is no free of the United States sent to Senator The question is, When do we stop buy- money. Here we are with a projected LEVIN and to me and to the entire Sen- ing them? $1.8 trillion deficit, a decrease overall ate. I appreciate the President’s cour- I quote from the Secretary of Defense in some defense areas that is coming age because right now the votes are not and the Chairman of the Joint Chiefs of sooner or later, and we cannot afford a there. Right now I think my friend Staff letter: $1.75 billion procurement that is not from Michigan would agree the votes It is important to note that the F–35 is a absolutely needed. are not there to pass this amendment. half generation newer aircraft than the F–22, Again, I wish to state very clearly, What the President has said, not only and more capable in a number of areas such F–22 is a good airplane. The fact that it do we need to stop the production of as electronic warfare and combating enemy has not flown in Iraq or Afghanistan is the F–22, of which we have already con- air defenses. To sustain U.S. overall air dominance, the Department’s plan is to buy telling, and some of the issues I will structed 187, but we need to do business roughly 500 F–35s over the next five years mention later on are telling. But this differently. We need to have a change and more than 2,400 over the life of the pro- is not an attack on the F–22. What it is in the way we do business in order to gram. is an assessment of the Nation’s na- save the taxpayers billions of dollars So I think arguments that may be tional security needs and what we need spent unnecessarily. So this will be made on the floor that somehow we are in its inventory to maintain our supe- kind of an interesting moment in the curtailing or inhibiting the ability of riority over all other nations and meet history of a new Presidency and a new the U.S. Air Force to carry out its re- various threats ranging from radical administration and, frankly, an old sponsibilities to defend this Nation are Islamic extremism to the conventional Secretary of Defense. I say ‘‘old’’ in the contradicted at least by the views of capabilities of a rising power in the respect that he obviously covers both the Secretary of Defense, the Chairman east. administrations. I do not know of a of the Joint Chiefs of Staff, the Chief of Again, I wish to say thanks for the Secretary of Defense who has had more Staff of the Air Force, and literally great leadership of our Secretary of De- appreciation and admiration from both every other individual or position that fense and Admiral Mullen, the Chair- sides of the aisle than Secretary Gates. is involved in this debate. man of the Joint Chiefs of Staff, and I appreciate very much Secretary The Secretary of Defense goes on to the importance they place on this Gates’ letter, also, where he describes say: amendment. in some detail, as does the Chairman of Furthermore, under this plan the United I would like to refer my colleagues to the Joint Chiefs, why we need to have States by 2020 is projected to have some 2,500 an article that appeared last Friday in this amendment passed to remove the manned fighter aircraft. Almost 1,100 of the Washington Post. It was entitled additional F–22s. I want to emphasize them will be fifth generation F–35s and F– ‘‘Premier U.S. Fighter Jet Has Major ‘‘additional.’’ 22s. Shortcomings.’’ I wish to pay special appreciation to There is going to be a lot of debate I ask unanimous consent to have this President Obama for taking a very cou- and discussion about China and its article printed in the RECORD. rageous step in making it very clear, as emerging capabilities. There being no objection, the mate- he says: The Secretary of Defense goes on to rial was ordered to be printed in the As Secretary Gates and the military lead- say: RECORD, as follows: ership have determined, we do not need these China, by contrast, is expected to have [From the Washington Post] planes. That is why I will veto any acquisi- only slightly more than half as many PREMIER U.S. FIGHTER JET HAS MAJOR tion of F–22s beyond the 187 already funded manned fighter aircraft by 2020, none of SHORTCOMINGS by Congress. them fifth generation. (By R. Jeffrey Smith) The statement is very clear. I appre- I am concerned about the rising mili- The United States’ top fighter jet, the ciate it. I hope it has a significant im- tary capabilities of China. They are in- Lockheed Martin F–22, has recently required pact on my colleagues on both sides of creasing their naval and maritime ca- more than 30 hours of maintenance for every the aisle. pabilities. They are increasing the effi- hour in the skies, pushing its hourly cost of Again, my appreciation to President ciency of their army and their entire flying to more than $44,000, a far higher fig- Obama and my appreciation to the overall inventories, and it is of great ure than for the warplane it replaces, con- Chairman of the Joint Chiefs of Staff, fidential Pentagon test results show. concern. But with the combination of The aircraft’s radar-absorbing metallic as well as the Secretary of Defense, the F–35 and the F–22, we will clearly who lay out in more detail why it is skin is the principal cause of its mainte- have a significant advantage over the nance troubles, with unexpected short- that we need to eliminate this Chinese for some period of time. That comings—such as vulnerability to rain and unneeded $1.75 billion for seven addi- is not to in any way denigrate the other abrasion—challenging Air Force and tional F–22s. long-term aspect of the Chinese mili- contractor technicians since the mid-1990s, I emphasize to my colleagues that tary buildup. But in the short term, according to Pentagon officials, internal these funds will go to the acquisition of this is the best way to make sure we documents and a former engineer. the F–35, the Joint Strike Fighter, While most aircraft fleets become easier maintain complete superiority with a and less costly to repair as they mature, key which when produced will provide a mixture of the F–35 and the F–22. careful balance between the air superi- maintenance trends for the F–22 have been The Secretary goes on to say: negative in recent years, and on average ority provided by the F–22 and the The F–22 program proposed in the Presi- from October last year to this May, just 55 other capabilities of the Joint Strike dent’s budget reflects the judgment of two percent of the deployed F–22 fleet has been Fighter, which is also badly needed. different Presidents, two different Secre- available to fulfill missions guarding U.S. This argument is not about the capa- taries of Defense, three chairmen of the airspace, the Defense Department acknowl- bility of the F–22, although that will be Joint Chiefs of Staff, and the current sec- edged this week. The F–22 has never been brought to the floor and I intend to retary and chief of staff of the Air Force. flown over Iraq or Afghanistan. talk a little bit about many of the dif- My colleagues are going to come to Sensitive information about troubles with the nation’s foremost air-defense fighter is ficulties the F–22 has had. But I would the floor and say the Chairman of the emerging in the midst of a fight between the also like to point out that the F–22 has Air National Guard says we need addi- Obama administration and the Democrat- never flown in Iraq or Afghanistan. tional F–22s. We do not disregard that controlled Congress over whether the pro- That is a remarkable statement. It has opinion, but we do weigh that opinion gram should be halted next year at 187

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.008 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7387 planes, far short of what the Air Force and and Pentagon audits. But Pierre Sprey, a the plane’s skin, including what one de- the F–22’s contractors around the country key designer in the 1970s and 1980s of the F– scribed as vulnerability to rain. Invited to had anticipated. 16 and A–10 warplanes, said that from the be- join his lawsuit, the Justice Department ‘‘It is a disgrace that you can fly a plane ginning, the Air Force designed it to be ‘‘too filed a court notice last month saying it was [an average of] only 1.7 hours before it gets big to fail, that is, to be cancellation-proof.’’ not doing so ‘‘at this time’’—a term that a critical failure’’ that jeopardizes success of Lockheed farmed out more than 1,000 sub- means it is still investigating the matter, ac- the aircraft’s mission, said a Defense Depart- contracts to vendors in more than 40 states, cording to a department spokesman. ment critic of the plane who is not author- and Sprey—now a prominent critic of the Ahern said the Pentagon could not com- ized to speak on the record. Other skeptics plane—said that by the time skeptics ‘‘could ment on the allegations. Lockheed spokes- inside the Pentagon note that the planes, de- point out the failed tests, the combat flaws, woman Mary Jo Polidore said that ‘‘the signed 30 years ago to combat a Cold War ad- and the exploding costs, most congressmen issues raised in the complaint are at least 10 versary, have cost an average of $350 million were already defending their subcontrac- years old,’’ and that the plane meets or ex- apiece and say they are not a priority in the tors’ ’’ revenues. ceeds requirements established by the Air age of small wars and terrorist threats. John Hamre, the Pentagon’s comptroller Force. ‘‘We deny Mr. Olsen’s allegations and But other defense officials—reflecting from 1993 to 1997, says the department ap- will vigorously defend this matter.’’ sharp divisions inside the Pentagon about proved the plane with a budget it knew was There have been other legal complications. the wisdom of ending one of the largest arms too low because projecting the real costs In late 2005, Boeing learned of defects in tita- programs in U.S. history—emphasize the would have been politically unpalatable on nium booms connecting the wings to the plane’s unsurpassed flying abilities, express Capitol Hill. plane, which the company, in a subsequent renewed optimism that the troubles will ‘‘We knew that the F–22 was going to cost lawsuit against its supplier, said posed the abate and say the plane is worth the unex- more than the Air Force thought it was risk of ‘‘catastrophic loss of the aircraft.’’ pected costs. going to cost and we budgeted the lower But rather than shut down the production Votes by the House and Senate armed serv- number, and I was there,’’ Hamre told the line—an act that would have incurred large ices committees last month to spend $369 Senate Armed Services Committee in April. Air Force penalties—Boeing reached an ac- million to $1.75 billion more to keep the F– ‘‘I’m not proud of it,’’ Hamre added in a record with the Air Force to resolve the prob- 22 production line open were propelled by cent interview. lem through increased inspections over the mixed messages from the Air Force—includ- When limited production began in 2001, the life of the fleet, with expenses to be mostly ing a quiet campaign for the plane that in- plane was ‘‘substantially behind its plan to paid by the Air Force. cludes snazzy new Lockheed videos for key achieve reliability goals,’’ the GAO said in a Sprey said engineers who worked on it told lawmakers—and intense political support report the following year. Structural prob- him that because of Lockheed’s use of hun- from states where the F–22’s components are lems that turned up in subsequent testing dreds of subcontractors, quality control was made. The full House ratified the vote on forced retrofits to the frame and changes in so poor that workers had to create a ‘‘shim June 25, and the Senate is scheduled to begin the fuel flow. Computer flaws, combined with line’’ at the Georgia plant where they re- consideration of F–22 spending Monday. defective software diagnostics, forced the tooled badly designed or poorly manufac- After deciding to cancel the program, De- frequent retesting of millions of lines of tured components. ‘‘Each plane wound up fense Secretary Robert M. Gates called the code, said two Defense officials with access with all these hand-fitted parts that caused $65 billion fleet a ‘‘niche silver-bullet solu- to internal reports. huge fits in maintenance,’’ he said. ‘‘They tion’’ to a major aerial war threat that re- Skin problems—often requiring re-gluing were not interchangeable.’’ mains distant. He described the House’s deci- small surfaces that can take more than a Polidore confirmed that some early parts sion as ‘‘a big problem’’ and has promised to day to dry—helped force more frequent and required modifications but denied that such urge President Obama to veto the military time-consuming repairs, according to the a shim line existed and said ‘‘our supplier spending bill if the full Senate retains F–22 base is the best in the industry.’’ confidential data drawn from tests con- funding. The plane’s million-dollar radar-absorbing ducted by the Pentagon’s independent Office The administration’s position is supported canopy has also caused problems, with a by military reform groups that have long of Operational Test and Evaluation between stuck hatch imprisoning a pilot for hours in criticized what they consider to be poor pro- 2004 and 2008. 2006 and engineers unable to extend the can- Over the four-year period, the F–22’s aver- curement practices surrounding the F–22, opy’s lifespan beyond about 18 months of fly- age maintenance time per hour of flight grew and by former senior Pentagon officials such ing time. It delaminates, ‘‘loses its strength from 20 hours to 34, with skin repairs ac- as Thomas Christie, the top weapons testing and finish,’’ said an official privy to Air expert from 2001 to 2005. Christie says that counting for more than half of that time— Force data. because of the plane’s huge costs, the Air and more than half the hourly flying costs— In the interview, Ahern and Air Force Gen. Force lacks money to modernize its other last year, according to the test and evalua- C.D. Moore confirmed that canopy visibility forces adequately and has ‘‘embarked on tion office. has been declining more rapidly than ex- what we used to call unilateral disar- The Air Force says the F–22 cost $44,259 per pected, with brown spots and peeling forcing mament.’’ flying hour in 2008; the Office of the Sec- $120,000 refurbishments at 331 hours of flying David G. Ahern, a senior Pentagon pro- retary of Defense said the figure was $49,808. time, on average, instead of the stipulated curement official who helps oversee the F–22 The F–15, the F–22’s predecessor, has a fleet 800 hours. program, said in an interview that ‘‘I think average cost of $30,818. There has been some gradual progress. At we’ve executed very well,’’ and attributed its Darrol Olsen, a specialist in stealth coat- the plane’s first operational flight test in troubles mostly to the challenge of meeting ings who worked at Lockheed’s testing lab- September 2004, it fully met two of 22 key re- ambitious goals with unstable funding. oratory in Marietta, Ga., from 1995 to 1999, quirements and had a total of 351 defi- A spokeswoman for Lockheed added that said the current troubles are unsurprising. In ciencies; in 2006, it fully met five; in 2008, the F–22 has ‘‘unmatched capabilities, sus- a lawsuit filed under seal in 2007, he charged when squadrons were deployed at six U.S. tainability and affordability’’ and that any the company with violating the False Claims bases, it fully met seven. problems are being resolved in close coordi- Act for ordering and using coatings that it ‘‘It flunked on suitability measures—avail- nation with the Air Force. knew were defective while hiding the failings ability, reliability, and maintenance,’’ said Designed during the early 1980s to ensure from the Air Force. Christie about the first of those tests. long-term American military dominance of He has cited a July 1998 report that said ‘‘There was no consequence. It did not faze the skies, the F–22 was conceived to win test results ‘‘yield the same problems as doc- anybody who was in the decision loop’’ for dogfights with advanced Soviet fighters that umented previously’’ in the skin’s quality approving the plane’s full production. This Russia is still trying to develop. and durability, and another in December outcome was hardly unique, Christie adds. Lt. Gen. Harry M. Wyatt III, director of that year saying, ‘‘Baseline coatings failed.’’ During his tenure in the job from 2001 to the Air National Guard, said in a letter this A Lockheed briefing that September assured 2005, ‘‘16 or 17 major weapons systems week to Sen. Saxby Chambliss (R-Ga.) that the Air Force that the effort was ‘‘meeting flunked’’ during initial operational tests, he likes the F–22 because its speed and elec- requirements with optimized products.’’ and ‘‘not one was stopped as a result.’’ tronics enable it to handle ‘‘a full spectrum ‘‘When I got into this thing . . . I could not ‘‘I don’t accept that this is still early in of threats’’ that current defensive aircraft believe the compromises’’ made by Lockheed the program,’’ Christie said, explaining that ‘‘are not capable of addressing.’’ to meet the Air Force’s request for quick re- he does not recall a plane with such a low ca- ‘‘There is really no comparison to the F– sults, said Olsen, who had a top-secret clear- pability to fulfill its mission due to mainte- 22,’’ said Air Force Maj. David Skalicky, a ance. ‘‘I suggested we go to the Air Force nance problems at this point in its tenure as 32-year-old former F–15 pilot who now shows and tell them we had some difficulties . . . the F–22. The Pentagon said 64 percent of the off the F–22’s impressive maneuverability at and they would not do that. I was squashed. fleet is currently ‘‘mission capable.’’ After air shows. Citing the critical help provided I knew from the get-go that this material four years of rigorous testing and operations, by its computers in flying radical angles of was bad, that this correcting it in the field ‘‘the trends are not good,’’ he added. attack and tight turns, he said ‘‘it is one of was never going to work.’’ Pentagon officials respond that measuring the easiest planes to fly, from the pilot’s per- Olsen, who said Lockheed fired him over a hourly flying costs for aircraft fleets that spective.’’ medical leave, heard from colleagues as re- have not reached 100,000 flying hours is prob- Its troubles have been detailed in dozens of cently as 2005 that problems persisted with lematic, because sorties become more fre- Government Accountability Office reports coatings and radar absorbing materials in quent after that point; Ahern also said some

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.004 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7388 CONGRESSIONAL RECORD — SENATE July 13, 2009 improvements have been made since the 2008 many of the older aircraft are flying going to cost and we budgeted the lower testing, and added: ‘‘We’re going to get bet- routine missions, plus our newest kinds number, and I was there [Hamre told the ter.’’ He said the F–22s are on track to meet of technology in drone and predator Senate Armed Services committee in April.] all of what the Air Force calls its KPP—key aircraft. ‘‘I am not proud of it,’’ Hamre added performance parameters—by next year. in a recent interview, which I think is But last Nov. 20, John J. Young Jr., who Sensitive information about troubles with was then undersecretary of defense and the nation’s foremost air-defense fighter is a mark of the quality of the individual, Ahern’s boss, said that officials continue to emerging in the midst of a fight between the that he admits he made a mistake, as struggle with the F–22’s skin. ‘‘There’s clear- Obama administration and the Democrat- we all do from some time to another. ly work that needs to be done there to make controlled Congress— So I do not want to quote and spend that airplane both capable and affordable to I point out to my colleagues, the too much time on this article because operate,’’ he said. Democrat-controlled Congress— it is a long one. But it is an important When Gates decided this spring to spend over whether the program should be halted item for our colleagues to consider $785 million on four more planes and then next year at 187 planes, far short of what the when we consider the vote on this end production of the F–22, he also kept alive Air Force and the F–22’s contractors around amendment. an $8 billion improvement effort. It will, the country had anticipated. among other things, give F–22 pilots the abil- There are divisions over in the Pen- The cancellation decision got public sup- ity to communicate with other types of war- port from the Air Force’s top two civilian tagon. and military leaders who said the F–22 was planes; it currently is the only such war- It says: plane to lack that capability. not a top priority in a constrained budget. The cancellation decision got public sup- Votes by the House and Senate armed serv- But the leaders’ message was muddied in a port from the Air Force’s top two civilian ices committees last month to spend $369 June 9 letter from Air Combat Commander and military leaders, who said the F–22 was million to $1.75 billion more to keep the F– John D. W. Corley to Chambliss [that is Sen- not a top priority in a constrained budget. 22 production line open were propelled by ator Chambliss, the Senator from Georgia] But the leaders’ message was muddied in a mixed messages from the Air Force—includ- that said halting production would put ‘‘exe- June 9 letter from Air Combat Cmdr. John ing a quiet campaign for the plane that in- cution of our national military strategy at D.W. Corley to Chambliss that said halting cludes snazzy new Lockheed videos for law- high risk in the near to mid-term.’’ The production would put ‘‘execution of our cur- makers— right size of the fleet, he said, is 381. rent national military strategy at high risk I do not think that the chairman or So it is enough to say that given our in the near to mid-term.’’ The right size for I received the snazzy new Lockheed overall joint capability to obtain air the fleet, he said, is 381. video— superiority, stopping the F–22 at 187 One of the last four planes Gates supported and intense political support for States buying is meant to replace an F–22 that fighters is vital to achieving the cor- where the F–22’s components are made. The rect balance. crashed during a test flight north of Los An- full House ratified the vote on June 25, and geles on March 25, during his review of the the Senate is scheduled to begin consider- I have discussed already the impor- program. The Air Force has declined to dis- ation. tance of a fifth-generation aircraft. I cuss the cause, but a classified internal acci- After deciding to cancel the program, De- discussed earlier the importance of us dent report completed the following month fense Secretary Robert Gates called the $65 making these tough decisions. Not ir- states that the plane flew into the ground billion fleet a ‘‘niche’’ silver-bullet solution relevant to this debate is the view of after poorly executing a high-speed run with to a major aerial war threat that remains the Vice Chairman of the Joint Chiefs its weapons-bay doors open, according to distant. He described the House’s decision as of Staff, General Cartwright. He is a three government officials familiar with its ‘‘a big problem,’’ and has promised to urge contents. The Lockheed test pilot died. President Obama to veto the bill. Marine General aviator. He is the Vice Several sources said the flight was part of The administration’s position is supported Chairman of the Joint Chiefs of Staff, a bid to make the F–22 relevant to current by military reform groups. and he serves as the Chairman of the conflicts by giving it a capability to conduct In the article it talks about pilots Joint Chiefs’ most senior adviser on precision bombing raids, not just aerial who have flown the aircraft who talk joint operational requirements. dogfights. The Air Force is still probing who about its impressive capability. I do In recent testimony before the should be held accountable for the accident. not disagree with those assessments at Armed Services Committee, General Mr. MCCAIN. I will quote in part all. Its troubles have been detailed in Cartwright outlined why, in his best from this article, which I think is wor- dozens of Government Accountability military judgment, the F–22 program thy of my colleagues’ examination. It Office reports and Pentagon audits. should be terminated. He said: is by Mr. R. Jeffrey Smith, a person But Pierre Sprey, a key designer in the Looking at the lines in hot production, the who is widely respected on defense 1970s and 1980s of the F–16 and A–10 number one priority was to get fifth genera- issues. He says: warplanes, said that from the begin- tion fighters to all of the services. Number- The United States’ top fighter jet, the ning, the Air Force designed it to be two priority was to ensure that we had a hot Lockheed Martin F–22, has recently required ‘‘too big to fail, that is, to be production line in case there was a problem. more than 30 hours of maintenance for every cancelation proof.’’ And, number three, was to have that hot pro- hour in the skies, pushing its hourly cost of duction line producing F–18Gs, which sup- Lockheed farmed out more than 1,000 port the electronic warfare fight. flying to more than $44,000, a far higher fig- subcontracts to vendors in more than ure than for the warplane it replaces, con- In General Cartwright’s view: fidential Pentagon test results show. 40 States. I would like to repeat that. Lockheed farmed out more than 1,000 Those issues stacked up to a solid position It goes on to talk about some of the subcontracts to vendors in more than that it was time to terminate the F–22. It is problems it has experienced. It goes on a good airplane. It is a fifth-generation fight- 40 States. And Sprey, now a prominent to say: er. But we needed to proliferate those fifth- critic of the plane, said that by the generation fighters to all of the services, and While most aircraft fleets become easier time skeptics ‘‘could point out the and less costly to repair as they mature, key we needed to ensure that we were capable of maintenance trends for the F–22 have been failed tests, the combat flaws, and the continuing to produce aircraft for the elec- negative in recent years, and on average exploding costs, most Congressmen tronic warfare capability. In the F–18, we can from October last year to this May, just 55 were already defending their contrac- also produce front-line fighters that are percent of the deployed F–22 fleet has been tors’ revenues.’’ more capable of addressing any threat that available to fulfill missions guarding U.S. John Hamre—this is an individual we’ll face for the next 5 to 10 years. airspace, the Defense Department acknowl- known to all of us—a very capable indi- Interesting comment. He is saying, in edged this week. The F–22 has never been vidual, who was on the Senate Armed the F–18, we can also produce frontline flown over Iraq or Afghanistan. Service Committee staff and served in fighters that are more capable of ad- I point out that the cost per aircraft previous administrations, was the Pen- dressing any threat we will face for the is around $350 million, depending on tagon Comptroller from 1993 to 1997. He next 5 to 10 years. how you calculate it. We have a $350 says the Department approved the In any case, let me clear up the million airplane investment by the plane with a budget it knew was too record on some discussions about the taxpayers of America that has never low because projecting the real costs risk the Air Force is taking on by end- been flown over Iraq or Afghanistan, would have been politically ing the F–22 line at 187 aircraft. Ref- the two conflicts in which we are en- unpalatable on Capitol Hill. erences to some of that discussion ap- gaged. We know for a fact that much We knew that the F–22 was going to cost pear to have been taken out of context. older aircraft—the A–10, the F–18, more than the Air Force thought it was The Air Force’s acceptance of risk by

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.006 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7389 discontinuing the program needs to be vidual concerns, I think it will be a The PRESIDING OFFICER. The understood in the context of the Air great step forward to providing the clerk will call the roll. Force’s overall combat Air Force re- taxpayer with a far better usage of The bill clerk proceeded to call the structure plan, a plan that is intended their hard-earned dollars. roll. to bridge the Air Force’s current fleet These are difficult and terrible eco- Mr. MCCAIN. Mr. President, I ask to the predominantly fifth-generation nomic times for America. We cannot unanimous consent that the order for force of the future. Basically, that plan afford business as usual. We cannot af- the quorum call be rescinded. works by restructuring the Air Force’s ford to continue to purchase weapons The PRESIDING OFFICER (Mr. WAR- current fleet of fighters now and di- systems that are not absolutely vital NER.) Without objection, it is so or- recting the results and savings to fund to this Nation’s security. I would point dered. modifying newer or more reliable fight- out, again, and maybe it is not appro- Mr. MCCAIN. I ask unanimous con- ers in the legacy fleet, weapons pro- priate to keep mentioning, this plane sent to engage in a colloquy with my curement, and joint enablers. has never been flown over Iraq or Af- colleague, the distinguished chairman. Under this plan, those investments ghanistan. It is never part of the two Can I ask the distinguished chairman will help create a more capable fleet wars we have been in. It is a good air- what he thinks is going to be the situa- that can bridge the Air Force to a fu- plane. It will probably be important, tion as regarding the disposition of this ture fleet with a smaller, more capable the 187 of them we are procuring, to amendment? force. As you can imagine, the effec- the security of the Nation. Mr. LEVIN. I thank my friend from tiveness of the plan depends on a lot of But to continue production and pro- Arizona. The answer is, it will depend, moving parts, perhaps most impor- curement at some $350 million a copy, I guess, on how many people wish to tantly stopping the F–22 program at 187 when in the judgment of the people we speak either in support of our amend- fighters now. give the responsibility to make the ment or in opposition to it and how While some short-term risks in the judgment in the strongest possible long they want to speak. I do not have Air Force’s fighter force may arise terms have told us: We need to move on yet an indication of that. from stopping the program at 187 air- to another aircraft. We need the Joint Mr. MCCAIN. Could I say to my craft, the Combat Air Force Restruc- Strike Fighter, and we do not need any friend, the distinguished chairman, ture Plan is designed to accept that more of the F–22 aircraft, it is a very from our past experience, there will be risk to ensure a more capable fleet in interesting time. I look forward to the at least a couple hundred pending other the long term. I believe this strategy is debate and vote on this amendment as amendments. I do not mean to dimin- sound and needs the support of this soon as possible. I respect the views of ish the importance of this one. But I body. Please do not be deluded by ref- my colleagues who feel very strongly would hope we could spend whatever erences to risk associated with ending that we need to continue the produc- time in debate that anyone might want the F–22 program. tion of this aircraft. But I think it is to talk about the amendment today Given the strength of the reasons wrong. I hope we can have an enlight- and into tomorrow and at least have a cited by the National Command Au- ened and respected debate on this target to have a final disposition on thority, the best professional military issue. this amendment tomorrow, since we advice by the Chairman and Vice I understand the passion that some of will have many other amendments. Chairman of the Joint Chiefs of Staff, my colleagues have about it and the Would that be the desire of the chair- and the considered recommendations of importance it is to jobs in their States man? the service Secretaries, I can find no and communities. I would point out, Mr. LEVIN. I would be a little more good reason why I should replace their again, defending this Nation and ex- optimistic even in the question. I am judgment on this critical national de- penditures of the taxpayers’ dollars for optimistic, and I would hope we would fense issue with my own and call for its defense should not be based on jobs. have a vote on this amendment by funding for the continuation of the F– It should be based on our national se- noon tomorrow. 22 program. I, respectfully, suggest the curity needs. There are not unlimited I understand there will not be votes Members of this body do the same and amounts of money. in the afternoon as previously agreed support the amendment under consid- I wish to thank my colleague, the to. I hope prior to noon tomorrow we eration. distinguished chairman again. I am can have a vote on our amendment. I understand where votes are. I un- sure that both those letters have been Mr. MCCAIN. Mr. President, we en- derstand that right now, probably this included in the RECORD. courage colleagues to come to the Sen- morning, anyway, and I hope that the I yield the floor. ate floor so we can debate this impor- very forceful letter by the Secretary of The PRESIDING OFFICER. The Sen- tant amendment. Defense and the Chairman of the Joint ator from Michigan. Mr. LEVIN. There are two or three Chiefs of Staff and the very strong let- Mr. LEVIN. Madam President, first, things for which we hope our col- ter from the President of the United let me thank Senator MCCAIN for his leagues will come to the Chamber: One States will move my colleagues in sup- strong and very powerful statement is to speak on this amendment; sec- port of this amendment. about this amendment. I cannot re- ondly, to speak generally about the But I have no illusions about the in- member a President ever saying in ad- bill. We have a number of colleagues on fluence of the military industrial com- vance that if a specific provision in the the committee who have worked so plex in this town. Long ago, President Defense bill is included, he will veto it. hard on this bill who do want to speak Eisenhower, when he left office—prob- Now, there may be such precedent. But on it. I hope they will do that this ably the most noted military leader or this is what the stakes are here now. afternoon. Third, we can begin to re- certainly one of the most noted mili- This is whether we are going to be sup- ceive amendments that we might want tary leaders ever to occupy the White porting a bill that has essential provi- to consider during this week. I hope we House—warned America about the sions in it for the men and women of can finish this bill this week. That may military industrial complex and the the military, including a significant be an optimistic goal, but it would be power and the increasing influence he pay raise and other important benefits, achievable if everybody cooperates and saw that military industrial complex including support for our wounded war- brings to us and our staffs amendments having over the decisionmaking made riors, including support for weapons they are thinking about offering. in the Congress and in the administra- systems they need. Mr. MCCAIN. I thank the chairman. I tion and in the funding of different pro- I would hope that even those Sen- hope all colleagues will bring their grams and the expenditure of the tax- ators who have indicated they would amendments as well as debate on the payers’ hard-earned dollars. support the additional F–22s might re- pending amendment. We are at a very interesting moment, consider their position in terms of I suggest the absence of a quorum. if not a seminal one, in the history of what is involved in this bill for our The PRESIDING OFFICER. The this administration. If we accept the men and women, given the President’s clerk will call the roll. threat of the President of the United statement that he will veto this bill. The bill clerk proceeded to call the States to veto and overcome the indi- I suggest the absence of a quorum. roll.

VerDate Nov 24 2008 23:47 Jul 13, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.010 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7390 CONGRESSIONAL RECORD — SENATE July 13, 2009 Mr. WICKER. I ask unanimous con- money, not one that would spend an- overhaul of health care but, instead, sent that the order for the quorum call other $1, $2, or $3 trillion we don’t have seek smaller successes or low-hanging be rescinded. and for which we will have to borrow fruit. He advocates medical mal- The PRESIDING OFFICER. Without from our grandchildren and great- practice reform, outcomes research, objection, it is so ordered. grandchildren. and eliminating paperwork and waste HEALTH CARE REFORM I hope my colleagues on the other as a starting position. I believe such an Mr. WICKER. Mr. President, as more side of the aisle will not characterize approach is sound and could be on the and more Americans become familiar these legitimate concerns as scare tac- President’s desk by the end of Sep- with the details of the Democrats’ pro- tics. The figures that have the Ameri- tember. posal for a Washington takeover of the cans frightened were ones published When Michael Kinsley and the Wash- health care system, the wheels are be- from the Congressional Budget Office, ington Post editorial board begin ask- ginning to fall off, and for good reason. not from some right-of-center think ing advocates of an enormous Wash- It is no longer just the Republicans tank in Washington. In addition, sug- ington takeover to pause and reflect, it who are sounding the alarm. It is Inde- gestions about how to pay for this gi- is time for all Americans—from the pendents and centrist Democrats who gantic scheme for a Federal takeover left, from the right, and from the polit- are showing genuine concern. We still are just as troubling. ical center—to sit up and take notice. The good news from these develop- do not have a good answer about the The Kennedy bill, for example, in- ments is this: We now have a better op- cost of the two major Senate pro- cludes a $58 billion tax on workers that portunity for health care reform that posals—one from the Finance Com- would be imposed to create a govern- does not break the bank. I hope the mittee and the other from the HELP ment insurance program for long-term care. The bill also includes an addi- congressional leadership will go back Committee—but we do know they will to the drawing board and write a tar- tional $36 billion in penalties on indi- be enormously expensive once they are geted bill that addresses the real prob- viduals for not purchasing a govern- finally scored. There is also the House lems, such as coverage for the unin- ment-approved health coverage policy. proposal from Speaker PELOSI and sured. Chairman WAXMAN which is believed to Another $52 billion would come from Congress should listen to Michael cost $1 trillion over a 10-year period. new taxes on employers. The House is Kinsley. Congress should listen to the One great aspect of a representative considering a $540 billion proposal to Washington Post editorial board and democracy is elected officials still lis- put a 1- to 3-percent surtax on small the growing chorus of concerns and de- ten to the people who sent them here. businesses. There are also plans to tax velop a plan that makes health care Even Senators with 6-year terms go beverages that contain sugar and pro- more portable, more affordable, and back to their respective States often posals to place payroll taxes on capital more accessible. and have their fingers on the pulse of gains earnings. Mr. President, I suggest the absence public opinion. What they heard over All of these tax increases would come of a quorum. the recent Independence Day break was during a recession and would still not The PRESIDING OFFICER. The alarm over the amount of money the be enough. There would have to be hun- clerk will call the roll. Federal Government is spending in dreds of billions of dollars in cuts to The bill clerk proceeded to call the such a short period and over the mon- the Medicare Program. In essence, to roll. strous debt we are incurring. We also finance this scheme we will have to Mr. MCCONNELL. Mr. President, I heard from the voters. We heard from agree to tax workers and job creators ask unanimous consent that the order taxpayers that they are concerned over and to cut benefits for senior citizens. for the quorum call be rescinded. the direction health care legislation is Two opinion pieces from the Wash- The PRESIDING OFFICER. Without heading. ington Post last Friday provide clear objection, it is so ordered. A recent CNN poll found that a broad evidence of honest concerns over the Mr. MCCONNELL. Mr. President, I majority of Americans have concluded way the Democratic legislation is ask unanimous consent that I be al- that their health care costs would go heading. In its own editorial, the Wash- lowed to proceed as in morning busi- up, not down, under the Democrats’ ington Post, hardly a rightwing publi- ness. The PRESIDING OFFICER. Without plan. The poll found that 54 percent say cation, noted discouraging develop- objection, it is so ordered. their medical insurance costs will in- ments on Capitol Hill. Among other Mr. MCCONNELL. Mr. President, last crease if the Democratic plan is adopt- things, the Washington Post expressed week and again this morning, my good ed, while only 17 percent of Americans disagreement over the Democrats’ con- friend, the majority leader, came to believe their costs will decrease. Only tinued insistence on a public option. the floor and said he wants to work one out of five said their family would The editorial went on to say: with Republicans on health care re- be better off if the Democrats’ reforms Restructuring the health care system is form. I welcome his comments. As a are enacted. risky enough that the Democrats would be step in that direction, I would point This lack of enthusiasm for the wise not to try to accomplish it entirely on out one of the major concerns Ameri- their own. Democrats’ plan is not just driven by cans have about health care reform is partisan opposition. A recent Ras- This is sound advice from a leading the pricetag. mussen survey found skepticism high newspaper that endorsed Senator Last week, we learned the Federal among independent voters, with a plu- Obama when he was running for Presi- deficit is now more than $1 trillion so rality, some 39 percent of those not af- dent last year. far this year for the first time in our filiated with either party, strongly op- In another op-ed on the same topic, Nation’s history. To give people an posed to the Democrats’ plan. columnist Michael Kinsley points out: idea of how dramatically the Federal I want health care reform enacted People, even liberals, are starting to get deficit has grown in just the last sev- this year. As a matter of fact, I wanted unnerved by the cost of all this. eral months, I would note the current health care reform enacted in the last He cites two risks for health care re- deficit for this year is $800 billion more Congress. But I want a plan that is form. One is that it would not pass and than it was at this point last year—$800 closer to President Obama’s campaign an opportunity will be lost. The second billion more than at this point last promise of last year, one that allows is that if it passes, it would not work. year. So the need for fiscal discipline Americans to keep their insurance I ask my colleagues: If we pass a $1 could not be greater than at the cur- plans, if they are satisfied with them, trillion or $3 trillion plan that does not rent moment. Yet all the Democratic and one that actually saves money for work, how will we ever reverse that proposals we are hearing on health care the American economy. mistake? How will we ever get the would only increase our Nation’s al- Last year candidate Obama stated genie back in the bottle? ready staggering debt without even ad- that the United States is spending too Mr. Kinsley rightly urges the Presi- dressing the full extent of the problems much money on medical care. He dent to slow things down on health we all agree should be addressed as vowed to put forth a plan to save care reform in order to get it right. part of a comprehensive reform. Ameri- money. I want to see that proposal. I Then Mr. Kinsley goes on to suggest cans do, indeed, want health care re- want to see a proposal that would save that the President not try for a total form, but they don’t want to see their

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.015 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7391 children and their grandchildren buried Some have also proposed raising in- biologic drug Remicade costs more deeper and deeper in debt without even come taxes and limiting tax deductions than $20,000 a year. And here is another solving the problem. for charitable giving. Others are re- number. Between 350,000 and 500,000 Every proposal we have seen would portedly considering an increase on the people in the United States suffer from cost a fortune by any standard. Even employee Medicare tax which would multiple sclerosis. To treat these cases worse, some of these estimates are to- take money out of the paychecks of using brandname biologic drugs, either tally misleading. In some cases 10-year American workers, a new national Avonex or Betaseron, costs more than estimates are based on proposals that sales tax, and taxes on soda and juice $24,000 a year. wouldn’t even go into effect for 4 years. boxes. These proposals would hit low- To put these numbers in perspective, In other words, what is being sold as a income Americans especially hard. All the average annual household income 10-year cost would actually cost that of these are bad ideas, but it is unin my State of Ohio—whether you live much over 6 years. likely they would cover the long-term in Dayton, in Cleveland, in Akron, Cin- We also know from our experience cost of the proposal we have seen so far cinnati, or Youngstown—is $46,000. For with Medicare that cost estimates on in any event. The rest would simply be far too long, Ohioans such as Jerrold, health care often prove to be wildly in- added to the national debt. from Miami County, have had to accurate. When Medicare Part A was In his comments last week, the ma- choose between paying for their medi- enacted in 1965, it was projected that in jority leader said health care reform is cation or their mortgage. 1990 it would spend $9.1 billion on hos- not a partisan issue. That is why some Jerrold, who served in the Marines, pital services and related administra- of us have for weeks put forward ideas had to retire early because he was experiencing severe seizures. Soon after, tion. As it turned out, spending in 1990 that should be pretty easy for every- his wife had to retire early because she totaled almost $67 billion, more than body to support, such as reforming was diagnosed with leukemia and was seven times the original prediction. medical malpractice laws to get rid of battling other medical problems. Be- Today, Medicare is already paying junk lawsuits, encouraging wellness tween the expensive medications need- out more than it is taking in and will and prevention programs such as the ed to treat their conditions, Jerrold soon go bankrupt. So if history is any programs that help people quit smok- and his wife were forced to put their guide, the actual cost of reform could ing or overcome obesity that have been house up for sale. Jerrold wrote to me be far greater than the estimates we shown to cut costs, and increasing are getting now—estimates that are al- saying he didn’t expect his golden competition in the private market. years would be losing his home because ready giving Americans serious sticker Americans would like for the two of unaffordable health care costs. shock. parties to work together to reform Also troubling are some of the pro- Health care reform must include an health care—to cut costs without sacri- FDA approval process for generic bio- posals we have heard to pay for these ficing the things Americans like about logics comparable to the process that so-called reforms. The advocates of our current health care system. Em- ensures access to traditional generic government-run health care have been bracing the ideas I have mentioned and drugs. Remember that only 15 years searching frantically for a way to cover finding responsible ways to pay for ago the most effective, best known can- costs, and they seem to have settled on health care reform is an obvious and cer drug was a chemical drug, with in- two groups: the elderly and small busi- commonsense place to start. gredients that were not considered live ness owners in the form of Medicare Mr. President, I yield the floor and ingredients, but was a chemical drug cuts and higher taxes. suggest the absence of a quorum. known as Taxol. Taxol cost about $4,000 As for Medicare, it is my view any The PRESIDING OFFICER. The a year. We thought that was out- savings from Medicare should be used clerk will call the roll. rageously expensive. But because of to strengthen and protect Medicare, The legislative clerk proceeded to Hatch-Waxman, because of the generic not fund another government-run sys- call the roll. approval process, because we can bring tem that is all but certain to have the Mr. BROWN. Mr. President, I ask generic drugs to market, we have been same fiscal problems down the road unanimous consent that the order for able to get those costs under control. Medicare does. Raiding one insolvent the quorum call be rescinded. But $4,000 for a drug for cancer only government-run program to create an- The PRESIDING OFFICER. Without 15 years ago—Taxol—today, a drug for other is not reform; it is using an out- objection, it is so ordered. cancer costs upwards of $40,000, and dated model to solve a problem that Mr. BROWN. Mr. President, I ask there is no Hatch-Waxman, there is no will require a fresh approach and new unanimous consent to speak as in generic process, there is no road to ideas. morning business. keep those prices in check. The compa- As for higher taxes, advocates of the The PRESIDING OFFICER. Without nies that make those drugs can charge government takeover of health care objection, it is so ordered. whatever they want. have set their sights on small business Mr. BROWN. Mr. President, this Absent that generic process, there is owners to help pay for the proposals. It week, the Health, Education, Labor, no free market exerting downward should go without saying that this is Pension Committee is planning to fin- pressure on biologic prices, so prices precisely the wrong approach in the ish marking up our health care reform remain high for families such as middle of a recession. Small businesses legislation. A vital part of this legisla- Kimberly’s, also from Miami County. are the engine of our economy, and tion is ensuring that Americans have Kimberly wrote to me explaining how they have created approximately two- access to affordable generic versions of her brother depends on Remicade infu- thirds of all new jobs in the last dec- brandname biologic drugs. These medi- sions every 6 to 8 weeks to treat ulcer- ade. At a time when the unemployment cines are crucial to those suffering ative colitis. The annual cost of rate is approaching 10 percent, we need from Parkinson’s, from multiple scle- Remicade can top $31,000 a year. Again, to help small businesses not hurt them. rosis, from arthritis, from diabetes, there is no competition, there is no ge- Yet according to news reports, Demo- from cancer, and from all kinds of de- neric equivalent allowed to be devel- crats in Congress are considering doing bilitating and deadly diseases. Yet for oped under U.S. law. Kimberly is wor- just that. countless Americans, these drugs are ried if her parents lose their insurance In recent congressional testimony, simply too expensive. her brother will no longer be able to the President of the National Federa- More than 190,000 new cases of breast get his infusions and his conditions tion of Independent Business said some cancer will be diagnosed in American would not be covered by a new insurer. of these proposals could destroy more women in 2009. To treat these cases Biotechnology is a high-risk and than 1.5 million jobs. Aside from kill- using the biologic drug Herceptin costs high-cost business, but we cannot give ing jobs, these so-called reforms could approximately $48,000 a year. That is companies open-ended protection from actually cause millions to end up with almost $1,000 a week to treat breast generic competition. With no protec- worse care than they already have, and cancer with this drug. Each year, more tion from generics, pharmaceutical they could come at a higher cost to in- than 1.3 million Americans are af- companies have enjoyed profits of the dividuals and families in the form of flicted with rheumatoid arthritis. To tens of billions of dollars after they re- higher premiums. treat these cases using the brandname coup their R&D costs.

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.017 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7392 CONGRESSIONAL RECORD — SENATE July 13, 2009 I say absolutely they should recoup much of the research they build upon, the House of Representatives and their R&D costs. They should have a is taxpayer funded through the Na- President Obama to inject competi- generous profit for the risks they un- tional Institutes of Health. tion, to allow competition so these dertook and the investment they made I know in the State of the Presiding prices come down. and even for the opportunity costs of Officer, as in mine, there are all kinds Of course it would be irresponsible their investment. But when you look of NIH dollars spent by startup compa- not to pursue a safe and efficient path at the kind of returns they are making, nies, by universities, by people devel- to generic versions of name-brand bio- the number of years they can continue oping spectacular drugs. That is a good logic drugs. It would be irresponsible to to charge these high prices, what good thing. But, understand, taxpayer pursue a pathway that gives biologic is it to develop these wonderful drugs, money goes into a lot of this at the be- manufacturers more than a decade of these wonderful biologic drugs, if peo- ginning. Taxpayers at least deserve monopoly rights over a market that ple such as Kimberly and Jerrold and competitive prices after the product provides lifesaving products to Amer- others can’t afford them? has been developed. ican patients. If you divide the total R&D budget of A biotech industry group called the That is how high the stakes are. a typical biotech by the number of Biotech Industry Association, a lob- Every year we give to highly profitable biotechs that actually make it to mar- bying group, spent nearly $2 million in drug companies inflates taxpayer costs ket—the number of biologics that the first quarter alone lobbying on this for health care, causes businesses make it to market, the R&D cost per issue that prevents generic drugs from struggling with paying for health care successful drug is about $1.2 billion. making their way to people in Gallip- for their employees more onerous, bur- That counts all the drugs including the olis and Zanesville and Springfield and densome costs, and prevents Americans ones that do not make it to market, in- Xenia and Findlay and Lima, OH. The from obtaining medicines that can cluding the ones that are failures, in- drug industry is a profit-making enter- treat disabling and life-threatening cluding the ones where the research is prise, of course. It is going to lobby conditions. dead end—$1.2 billion. Congress to do whatever is in the drug We must not kowtow to the drug in- The top biologic companies are able industry’s best interests, of course. dustry. We can and we must stand up to make up their costs in as little as a There is no reason to believe it would for patients. We must and we have an year and a half and go on to make prof- selflessly advocate for patients. It opportunity to do what is right on the its worth billions, year after year— never has, it never will. It is all about follow-on biologics issue. after decade, for that matter—because the bottom line, which it should be. It I yield the floor. there is no generic path. There is no is their responsibility to argue for the The PRESIDING OFFICER. The Sen- path to follow in biologics. bottom line. It is their responsibility ator from Vermont. Why should there be—under the pro- to maximize profits. But it is our re- Mr. LEAHY. Mr. President, what is posals of some people in this body— sponsibility in this institution—in the the parliamentary situation? why should there be a 13-year monop- House of Representatives, in the Sen- The PRESIDING OFFICER. The Sen- oly period, as some of my colleagues ate—it is our responsibility to bring in ate is considering S. 1390. want? That is a good question. Presi- competition to restrain costs so that Mr. LEAHY. Mr. President, moments dent Obama has said 7 years is enough through competition—not through ago I left the Judiciary Committee and the FTC has directly stated that 12 rules but through competition—Amer- hearing room where we are considering years or more of exclusivity would— ican consumers have the opportunity the nomination of Judge Sotomayor to counterintuitively, perhaps—actually to buy these drugs that our tax dollars be an Associate Justice on the Su- harm new innovation by discouraging helped to develop. preme Court. In considering this his- biotechs from searching for new I want to tell you about a letter I re- toric and well-qualified nominee, many sources of revenue. Why should they, ceived recently from one of my con- Americans may believe our country when they are raking in dollars from stituents. A registered nurse from has completely turned the corner in their current monopolies, giving them Cleveland, Mary, wrote to me that she terms of equality and civil rights. exclusivity for far more years than ei- works with families who often must de- While I certainly hope Judge ther the FTC or the President or the cide between visiting a doctor and buy- Sotomayor’s nomination will unite us AARP or the bipartisan legislation ing their child’s medication to manage as a nation, I am aware that there is a sponsored by Senators MARTINEZ, seizures or other diseases. Mary is a lot more that still has to be done to VITTER, SCHUMER and me—why should nurse, as I said. Mary writes that drug protect the civil rights of all Ameri- these companies, with that kind of costs keep many parents from doing cans. long exclusivity period, even bother to what they know is right. Safe and ef- I plan to offer the Matthew Shepard do innovation? That is what the FTC fective generic biologic drugs will Hate Crimes Prevention Act of 2009 as says. That is clearly true. bring billions of dollars of savings to an amendment to the pending National AARP says 12 years, much less 13 consumers, the health care commu- Defense authorization bill. I thank years, is too long. Insurance companies nity, and to our economy. Senator COLLINS, Senator SNOWE, and a say it, patient advocates say it, disease It will help Ohioans such as Brynna, number of other bipartisan cosponsors groups say it, major consumer groups from Cleveland, who wrote to me how, for their support. This measure has say it—that 12 years is much too long. after being diagnosed with a rare long been a priority bill for Senator The only group advocating for 12 years immunological disorder, she lost her TED KENNEDY. I commend him for his or greater is, no surprise, the drug in- job and lost her insurance. steadfast leadership over the last dec- dustry. After receiving Social Security dis- ade in working to expand our Federal With their army of lobbyists and ability, Brynna had to rely on sample hate crime laws. their deep pockets that produce spec- medications from her doctor—a doctor The amendment I will offer aims to tacular campaign contributions, the who obviously cared about her patient address the serious and growing prob- drug industry is all over Capitol Hill, because Brynna cannot afford the ex- lem of hate crimes. We all saw the re- trying to convince Members of Con- pensive medications she needs to stay cent event at the Holocaust Museum gress that drug companies are different healthy and stay strong. here in Washington which made it from other companies. The drug com- Get this. Brynna juggles her medica- clear that these vicious crimes con- panies want us to believe that they de- tions depending on which part of her tinue to haunt our country. This bipar- serve something special, they deserve immune system is the weakest and tisan legislation is carefully designed decades-long monopolies for their prod- what she can afford. to help law enforcement most effec- ucts. No one else has that in the entire Why should that happen? That only tively respond to this problem. It has consumer market, even if those monop- happens because this institution has been stalled for far too long. The time olies leave patients without access to abdicated its responsibility. The drug to act is now. the lifesaving medicines. industry, of course, is going to maxi- The Matthew Shepard Hate Crimes I might add that much of the re- mize its profits. It is up to us—100 Prevention Act has been pending for search that these companies have done, Members of the Senate, 435 Members of more than a decade and has actually

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.019 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7393 passed the Senate several times. De- of sexual orientation. He has shown April 29, 2009 the House of Representatives spite its long history in the Senate, through his selection of a nominee for passed a virtually identical bill (H.R. 1913) by and despite the fact that it is cospon- the Supreme Court that he understands a vote of 249–175. The Senate has previously supported substantially similar legislation sored by both Democratic and Repub- the greatest talent and experience and on four separate occasions by wide bipar- lican Senators, it continues to draw the highest devotion to law exists tisan margins, most recently as an amend- the same tired, old attacks. Less than across lines of gender and ethnicity. ment to the 2008 Department of Defense Au- 2 years ago the Senate passed a hate Unlike in previous years, our bipar- thorization bill by a vote of 60 to 39. In addi- crimes bill as an amendment to the De- tisan hate crimes bill does not face a tion to public opinion polling that consist- fense Authorization Act. It also passed veto threat because we have a Presi- ently finds an overwhelming majority of the Senate in 2004, in 2000, and 1999. dent who understands that crimes mo- Americans in support of such legislation, the Matthew Shepard Hate Crimes Prevention Last month, at the request of the tivated by bias are particularly per- Act has the support of more than 300 law en- ranking Republican on the Judiciary nicious crimes that affect more than forcement, civil rights, civic and religious Committee, Senator SESSIONS, and all just their victims and those victims’ organizations. Republican members of the committee, families. Since the Federal Bureau of Investigation I chaired a hearing on this bill to as- I know. In a previous career, I pros- (FBI) began collecting hate crimes statistics sure that this legislation has been ade- ecuted crimes that were committed in 1991, reported bias-motivated crimes based on sexual orientation more than tripled; yet quately discussed and considered, and based solely or primarily on bias against the victims. It is a hateful, ter- the federal government has no jurisdiction to allow an opportunity to explore the to assist states and localities in dealing with minor changes that were made to the rible thing. It is hateful to the victim, even the most violent hate crimes against bill in this Congress. to the victim’s family, the victim’s lesbian, gay, bisexual and transgender Amer- It is no doubt a testament to the ur- friends. icans. The FBI’s 2007 Uniform Crime Re- gency of this legislation that the At- Hate crimes instill fear in those who ports—the most recent year for which we torney General of the United States re- have no connection to the victim other have statistics—showed that reported vio- turned to the Judiciary Committee to than a shared characteristic such as lent crimes based on sexual orientation con- race or sexual orientation. If you feel stituted 16.6 percent of all hate crimes in testify in support of the bill. I say it 2007, with 1,265 reported for the year. reflects the urgency of it because the somebody with whom you share that By passing this common sense anti-hate Attorney General had been before the connection may have been the victim crime measure, we would bring our nation’s committee less than a week before in of a hate crime, you may fear that you laws into the 21st century. The Matthew an oversight hearing. Normally we will be next. Shepard Hate Crimes Prevention Act is a would not see him before the com- For nearly 150 years, we have re- logical extension of existing federal law. Since 1969, 18 U.S.C. § 245 has permitted fed- mittee for another 6 to 10 months. Yet, sponded as a nation to deter and punish violent denials of civil rights by enact- eral prosecution of a hate crime if the crime he came back within 6 days so he could was motivated by bias based on race, reli- testify in support of this important ing Federal laws to protect the civil rights of all of our citizens. The Mat- gion, national origin, or color, and because legislation. I commend Attorney Gen- the victim was exercising a ‘‘federally pro- thew Shepard Hate Crimes Prevention eral Holder for that. We have also tected right’’ (e.g. voting, attending school, Act of 2009 continues that great and heard from State and local law enforce- etc.). After forty years, it has become clear honorable tradition. That is why so ment organizations, all supportive of that the statute needs to be amended. many law enforcement—State and This bill adds actual or perceived sexual the measure, and our committee record local, Federal—support this legisla- orientation, gender, disability and gender- includes support letters from dozens of tion. Adoption of this amendment will identity to the list of covered categories and leaders of the faith community and the show, once again, that America values removes the federally protected activity re- civil rights community. quirement, thus bringing a much needed tolerance and protects all of its people. I agreed with Senator SESSIONS when comprehensiveness to federal law. Removing he commented at the end of the hear- I urge the opponents of this measure to the outdated intent requirement, would ing that it was a good hearing with a consider the message it sends when, untie the federal government’s hands and good exchange of views. We have now year after year, we have been pre- allow them to partner with state and local officials in combating serious hate crimes had more than enough process and con- vented from enacting this broadly supported legislation. The victims of hate that involve death and bodily injury. sideration of this bill, and it is time to We urge you to vote for this historic piece bring it to another Senate vote. deserve better, and those who fear they of legislation. For more information, please The hate crimes amendment will im- may be the next victim of a hate crime contact Allison Herwitt, Legislative Direc- prove existing law by making it easier deserve better. So I hope all Senators tor, or David Stacy, Senior Public Policy Ad- for Federal authorities to investigate will join me in support of this impor- vocate. Thank you. and prosecute crimes of racial, ethnic, tant amendment. Sincerely, At the appropriate point, I will call JOE SOLMONESE, or religious violence. Victims will no President. longer have to engage in a narrow up the amendment. I ask unanimous consent that the letters in support of range of activities, such as serving as a LEADERSHIP CONFERENCE ON CIVIL this amendment from the Human juror, to be protected under Federal RIGHTS, law. It also focuses the attention and Rights Campaign dated July 14, 2009, Washington, DC, July 9, 2009. resources of the Federal Government and the Leadership Conference on Civil Hon. HARRY REID, on the problem of crimes committed Rights dated July 9, 2009, be printed in Majority Leader, U.S. Senate, against people because of their sexual the RECORD. I also ask unanimous con- Washington, DC. sent that the list of supporters for the Hon. PATRICK LEAHY, orientation, gender, gender identity, or U.S. Senate, disability, which is a long overdue pro- legislation be printed in the RECORD. There being no objection, the mate- Washington, DC. tection. In addition, the hate crimes rial was ordered to be printed in the Hon. CARL LEVIN, amendment will provide assistance and U.S. Senate, RECORD, as follows: resources to State and local and tribal Washington, DC. law enforcement to address hate HUMAN RIGHTS CAMPAIGN, DEAR SENATORS: On behalf of the Leader- Washington, DC, July 14, 2009. crimes. ship Conference on Civil Rights (LCCR), the DEAR SENATOR: On behalf of the Human nation’s oldest, largest, and most diverse Last Congress this legislation was at- Rights Campaign and our more than 750,000 civil and human rights coalition, with more tached to the Department of Defense members and supporters nationwide, we are than 200 member organizations, we thank authorization bill and had the bipar- writing today to urge you to support the you for your support and leadership of the tisan support of 60 Senators, and I ex- Leahy/Collins/Kennedy/Snowe Matthew Matthew Shepard Hate Crimes Prevention pect we will have even more support Shepard Hate Crimes Prevention Act amend- Act (S. 909) (HCPA) and applaud your com- today. ment to the Department of Defense Author- mitment to pass it before the August recess. President Obama supports the imme- ization Act for Fiscal Year 2010 (S. 1391) and LCCR appreciates your continued support for this bill, and we are grateful for Senator diate passage of hate crime legislation. to reject any secondary amendments. These will be key votes for the Human Rights Cam- Levin’s willingness to allow an attempt to In his first few months in office, he has paign. attach HCPA to the Department of Defense acted to ensure that Federal benefits The Matthew Shepard Hate Crimes Preven- (DOD) Authorization, and for Senator Lea- are awarded more equitably, regardless tion Act has strong bipartisan support. On hy’s leadership in offering the amendment on

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.020 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7394 CONGRESSIONAL RECORD — SENATE July 13, 2009 the Senate floor. As you know, due to pres- for the Blind; American Islamic Congress; Command Officers Association; Hispanic Na- sure from outside of the Senate, we have American Jewish Committee; American Jew- tional Law Enforcement Association; Human tried but failed to find an appropriate vehi- ish Congress; American Medical Association; Rights Campaign; Human Rights First; cle on which to attach the HCPA. We recog- American Medical Rehabilitation Providers Interfaith Alliance; Interfaith Coalition; nize and appreciate that the DOD Authoriza- Association (AMRPA); American Music International Association of Chiefs of Police; tion bill is the best and only option to ensure Therapy Association; American Network of International Association of Jewish Lawyers passage before the August recess. Community Options and Resources (ANCOR). and Jurists; International Association of We know that you understand well the im- American Nurses Association; American Jewish Vocational Services; International portance of S. 909. The testimony of Attor- Occupational Therapy Association (AOTA); Brotherhood of Police Officers; International ney General Holder at the Senate Judiciary American Psychological Association; Amer- Brotherhood of Teamsters; International Hearing on June 25th, indicating the admin- ican Rehabilitation Association; American Dyslexia Association; International Federa- istration’s strong support for this bill, is an Speech-Language Hearing Association; tion of Black Pride. encouraging reminder that after eleven years American Therapeutic Recreation Associa- International Union of United Aerospace of efforts, we will finally be able to pass the tion; American Veterans Committee; Amer- and Agricultural Implements; Islamic Soci- law necessary to protect victims of violent, ican-Arab Anti-Discrimination Committee; ety of North America; JAC—Joint Action bias-motivated attacks. The HCPA would en- American-Arab Discrimination Committee; Committee; Japanese American Citizens hance the federal response to hate crime vio- Americans for Democratic Action; Amputee League; Jewish Council for Public Affairs; lence by covering all violent crimes based on Coalition of America; AMRPA—American Jewish Labor Committee; Jewish Re- race, color, religion, or national origin. In Rehabilitation Providers Association; constructionist Federation; Jewish War Vet- addition, the HCPA would permit federal in- ANCOR—American Network of Community erans of the USA; Jewish Women Inter- volvement in the prosecution of bias-moti- Options and Resources; Anti-Defamation national; Justice for All; Labor Council for vated crimes based on the victim’s gender, League; AOTA—American Occupational Latin American Advancement; Latino/a, Les- gender identity, sexual orientation, or dis- Therapy Association; Aplastic Anemia Foun- bian, Gay, Bisexual & Transgender Organiza- ability. This expansion is critical in order to dation of America, Inc.; Arab American In- tion; Lawyers’ Committee for Civil Rights protect Americans from this most egregious stitute; Arab-American Anti-Discrimination Under Law; Leadership Conference of Civil form of discrimination. Committee; Asian American Justice Center; Rights; League of Women Voters; LEAP— Leadership Education for Asian Pacifics, While LCCR recognizes that bigotry can- Asian American Legal Defense & Education Inc.; Learning Disabilities Association of not be legislated out of existence, a forceful, Fund. America; Legal Momentum; LGBT Commu- moral response to hate violence is required Asian Law Caucus; Asian Pacific American Labor Alliance; Asian Pacific American nity Centers; Log Cabin Republicans. of us all. This legislation passed the House of Los Angeles 9 to 5; LULAC—League of Representatives with a strong bipartisan ma- Legal Center; Association for Gender Equity Leadership in Education; ATAP—Associa- United Latin American Citizens; Major Cit- jority (249–175) and has the support of more ies Chiefs Association; MALDEF—Mexican than 300 law enforcement, civil rights, civic, tion of Assistive Technology Act Programs; Atlanta 9 to 5; AUCD—Association of Univer- American Legal Defense & Education Fund; and religious organizations. We know that MANA—A National Latina Organization; you strongly believe, as we do, that Congress sity Centers on Disabilities; Autism Society of America; Autistic Self Advocacy Network; Maryland State Department of Education; must do everything possible to empower the Matthew Shepard Foundation; Mental federal government to assist in local hate AYUDA; B’Nai Brith International; Bazelon Center for Mental Health Law; Bi-Net; Brain Health America; Methodist Federation for crime prosecutions and, where appropriate, Social Action; Metropolitan Community expand existing federal authority to permit a Injury Association of America; Break the Cycle; Buddhist Peace Fellowship; Business Churches; Moderator’s Global Justice Team wider range of investigations and prosecu- of Metropolitan Community Churches; Mus- and Professional Women, USA; Catholics for tions. We sincerely appreciate your efforts lim Advocates; Muslim Public Affairs Coun- Free Choice; CCASA—Colorado Coalition and leadership in making this happen. cil; NA’AMAT; NA’AMAT USA; NAACP; Against Sexual Assault; Center for Commu- Please contact Rob Randhava, LCCR Coun- NAACP Legal Defense and Educational nity Change. sel, Lisa Bornstein, LCCR Senior Counsel, or Fund, Inc.; NACDD—National Association of Center for Democratic Renewal; Center for Nancy Zirkin with any questions. Thank you Councils on Developmental Disabilities; the Study of Hate & Extremism; Center for again for your support and leadership. NAKASEC—National Korean American Serv- Women Policy Studies; Central Conference Sincerely, ice & Education Consortium, Inc; NALEO— of American Rabbis; Chinese American Citi- WADE HENDERSON, National Association of Latino Elected and zens Alliance; Christian Church Capital President & CEO. Appointed Officials. Area; Church Women United; Coalition of NANCY ZIRKIN, NAMI—National Alliance on Mental Ill- Black Trade Unionists; Coalition of Labor Executive Vice Presi- ness; National Abortion Federation; Na- Union Women; Communications Workers of dent. tional Advocacy Center of the Sisters of the America, AFL-CIO; Congress of National Good Shepherd; National Alliance of Faith Black Churches; Consortium for Citizens SUPPORT LETTER LIST and Justice; National Alliance of Postal and with Disabilities; Consortium of Develop- Federal Employees; National Asian Pacific 9to5 Bay Area (CA); 9to5 Colorado; 9to5 mental Disabilities Councils; COPAA—Coun- American Bar Association; National Asian Milwaukee; 9to5 National Association of cil of Parent Attorneys and Advocates; Pacific American Women’s Forum; National Working Women; A. Philip Randolph Insti- Council for Learning Disabilities; Council of Asian Peace Officers Association; National tute; AAMR—American Association on Men- State Administrators of Vocational Reha- Association for Multicultural Education; Na- tal Retardation; AAPD—American Associa- bilitation; Cuban American National Coun- tional Association for the Education and Ad- tion of People with Disabilities; ACLU— cil; Cuban American National Council; vancement of Cambodian, Laotian and Viet- American Civil Liberties Union; AFL-CIO Democrats.com; Disability Policy Collabora- namese Americans; National Association of Department of Civil, Human and Women’s tion. Collegiate Women Athletics Administrators; Rights; African American Ministers in Ac- Disability Rights Education and Defense National Association of Commissions for tion; African-American Women’s Clergy As- Fund; Disabled Action Committee; Disciples Women; National Association of County Be- sociation; Agudath Israel; AIDS National Justice Action Network; Disciples of Christ havioral Health and Developmental Dis- Interfaith Network; Alexander Graham Bell Advocacy Washington Network; Easter ability Directors; National Association of Association for the Deaf and Hard of Hearing Seals; Epilepsy Foundation; Equal Partners Lesbian, Gay, Bisexual and Transgender (AG Bell); Alliance for Rehabilitation Coun- in Faith; Equal Rights Advocates, Inc.; Community Centers (on House Vote); Na- seling; Alliance of Baptists; American Asso- Evangelical Lutheran Church of America, tional Association of People with AIDS; Na- ciation for Affirmative Action; American As- Office for Government Affairs; Fair Employ- tional Association of Private Schools for Ex- sociation of People with Disabilities (AAPD); ment Council of Greater Washington; Faith ceptional Children; National Association of American Association of University Women; Trust Institute; Family Equality Council; Rehabilitation Research and Training Cen- American Association on Health and Dis- Family Pride Coalition; Federal Law En- ters; National Association of School Psy- ability. forcement Officers Association; Federally chologists; National Association of Social American Association on Intellectual and Employed Women; Feminist Majority; Workers; National Association of State Head Developmental Disabilities (AAIDD); Amer- Friends Committee on National Legislation; Injury Administrators. ican Citizens for Justice; American Con- Gay, Lesbian, and Straight Education Net- National Association of the Deaf; National ference of Cantors; American Council of the work; Gender Public Advocacy Coalition Black Justice Coalition; National Black Po- Blind; American Counseling Association; (GenderPAC); GenderWatchers. lice Association; National Black Women’s American Dance Therapy Association; Amer- General Board of Church & Society of the Health Project; National Center for Learning ican Diabetes Association; American Ethical United Methodist Church; General Federa- Disabilities; National Center for Lesbian Union, Washington Office; American Federa- tion of Women’s Clubs; Goodwill Industries Rights; National Center for Transgender tion of Government Employees; American International, Inc.; Hadassah, the Women’s Equality; National Center for Victims of Federation of Musicians; American Federa- Zionist Organization of America; Helen Kel- Crime; National Center for Women & Polic- tion of State, County, and Municipal Em- ler National Center; Higher Education Con- ing; National Center on Domestic and Sexual ployees, AFL–CIO; American Federation of sortium for Special Education; Hindu Amer- Violence; National Coalition Against Domes- Teachers, AFL–CIO; American Foundation ican Foundation; Hispanic American Police tic Violence; National Coalition for Asian

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.011 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7395 American Community Development; Na- Senate today and this week. I wish to substantial parts of the Army and Air tional Coalition of Anti-Violence Programs; begin by commending Chairman LEVIN, Force budgets but also, to a lesser ex- National Coalition of Public Safety Officers; the chairman of our Senate Armed tent, to a real extent, the Navy and the National Coalition on Deaf-Blindness; Na- Services Committee, and Senator tional Congress of American Indians; Na- Marine Corps. So the subcommittee’s tional Congress of Black Women; National MCCAIN, the ranking Republican mem- portion of this year’s National Defense Council of Churches of Christ in the USA; ber, for their leadership and for the bi- Authorization Act is a large one. Our National Council of Jewish Women. partisan example they have set in goal was direct: to promote and im- National Council of Women’s Organiza- drafting and reporting out this bill. prove the current and, as best we can, tions; National Council on Independent Liv- This bill will keep our Nation safe the future readiness of our ground and ing; National District Attorneys Associa- and provide our troops with the sup- air forces, while at the same time en- tion; National Down Syndrome Congress; Na- port they deserve, and that is exactly tional Fragile X Foundation; National suring the most efficient and effective what it ought to do. The bill will estab- use of taxpayer dollars. Latino Police Officers Association; National lish new programs to support the fiscal Organization for Women; National Organiza- This year, the portion of the budget and mental well-being of our troops tion of Black Law Enforcement Executives; request falling under the Airland Sub- and their families. It will provide our National Organization of Social Security committee’s jurisdiction included a fighting men and women a 3.4-percent Claimants’ Representatives; National Part- total of $71.1 billion. That is made up of nership for Women & Families; National Re- increase in compensation. The fact is, $55.4 billion in procurement and $15.7 habilitation Association; National Women’s nothing is more important than taking billion in all-important research and Conference; National Women’s Conference care of this extraordinary, gifted, brave development. As it stands right now, Committee; National Women’s Law Center; generation of men and women who the full committee’s recommendation NCAVP: National Coalition of Anti-Violence have volunteered to defend our country Programs; NCCJ—National Conference for is a net addition to the President’s at a time of war. Community and Justice; NCR—National Res- budget request of $2.9 billion to support pite Coalition; NDRN—National Disability I am also very pleased this bill will authorize the Secretary of Defense to activities under the Airland Sub- Rights Network; NDSS—National Down Syn- committee’s jurisdiction. drome Society; NETWORK: A National grow the size of the Army in 2011 and Catholic Social Justice Lobby. 2012, a period when our soldiers will In the past, the Armed Services Com- NISH; North American Federation of Tem- still be under stress, real stress, as the mittee and the Senate have supported ple Youth; Northwest Women’s Law Center; Army shifts its focus from operations stability and funding levels as re- NSSTA—National Structured Settlement in Iraq and Afghanistan but the overall quested for Army readiness and mod- Trade Association; NWC—National Women’s level of deployment will probably rise. ernization programs. This has been Committee; Organization of Chinese Ameri- There is so much we can do to reduce particularly true for the Army’s Fu- cans; Police Executive Research Forum; Po- ture Combat Systems, which has been lice Foundation; Presbyterian Church (USA), the stress on those who serve us in the Washington Office; PVA—Paralyzed Vet- military and on their families. One the major modernization program of erans of America; Rabbinical Assembly; Re- critical thing we can do is to simply in- the Army. ligious Action Center; Religious Institute on crease the number of men and women However, the Army was forced to Sexual Morality, Justice, and Healing; Re- in uniform, particularly in the Army, make some tough decisions in these search Institute for Independent Living; because the more supply there is of tough budget times and decided in SAALT—South Asian Americans Leading troops, no matter what the demand, April to restructure the Future Com- Together; Sargent Shriver National Center the amount of time every soldier can bat Systems Program, including termi- on Poverty Law; School Social Work Asso- ciation of America; SCORE—Sikh Council on look forward to being back at base, nation of the manned ground vehicle Religion and Education; Spina Bifida Asso- back with families, not deployed in a portion of that program. The Depart- ciation; Catholic University of America; battle zone, will decrease the stress ment has reoriented the Army mod- TASH; The Anti-defamation League; The Arc they are under. ernization plans that have been in of the United States; The Episcopal Church; The additional troops—‘‘end place for the last 6 years. That is the The Indian American Center for Political strength,’’ as it is called in the vocabu- necessity the Army felt both for budg- Awareness. lary of this legislation—that are pro- etary reasons and I believe for reasons The Latino Coalition; The McAuley Insti- vided for in 2011 and 2012 will ease the of effectiveness. So the bill before us tute; The Women’s Institute for Freedom of strain on our soldiers who have already the Press; Third Way, Religious Leaders; today supports the Department’s deci- U.S. Conference of Mayors; Union for Reform been asked to do so much on our be- sion, the Army’s decision, with respect Judaism; Unitarian Universalist Association; half. I intend to work with my col- to the restructuring of the Future Unitarian Universalist Association of Con- leagues in the Senate this week to Combat Systems Program and rec- gregations; United Cerebral Palsy; United amend this bill to extend the applica- ommends full funding for the ‘‘spin Church of Christ, Justice and Witness Min- tion of the method to increase end out’’ portions, the network portions of istries; United Methodist Church, General strength from 547,000 to 577,000 so it can that program that will be carried for- Board of Church and Society; United Meth- begin in the next fiscal year, the year odist Church, General Commission on Reli- ward. 2010, because that is probably when it This is a remarkable application of gion and Race; UNITED SIKHS; United Spi- will be most needed, as we are reducing nal Association; United Synagogue of Con- modern technology to the battlefield. servative Judaism; Washington Teachers our presence in Iraq but in a slightly The history of warfare shows, generally Union; WID—World Institute on Disability; more accelerated way increasing our speaking, that any developments, any presence in Afghanistan. Women Employed; Women of Reform Juda- technological advances that have oc- Let me focus, if I may, on the parts ism; Women’s Alliance for Theology, Ethics curred over history, from the first fires and Ritual; Women’s Law Center of Mary- of this legislation that have come out that were made, to the wheel, and on land, Inc.; WREI—Women’s Research & Edu- of our Airland Subcommittee of the cation Institute; YWCA USA. Senate Armed Services Committee, a to the railroad, et cetera, have found Mr. LEAHY. I yield the floor. subcommittee which I have the honor their way—obviously the ability to The PRESIDING OFFICER. The Sen- of chairing. fly—into military use. And so it is with ator from Connecticut. I wish to start by thanking Senator the remarkable capability to commu- Mr. LIEBERMAN. Mr. President, I JOHN THUNE for his service as ranking nicate with one another, to use tele- rise to speak in favor of S. 1390. But be- member of the subcommittee. It is a communications, and the computer fore I do, let me thank Senator LEAHY pleasure to work with Senator THUNE particularly, that has found its way for his leadership in introducing this on behalf of our Army and Air Force into applications in combat which anti-hate crime amendment. I am hon- and all involved in air and land pro- greatly expand the capabilities of our ored to be one of its cosponsors. I hope grams. We work closely together in a solders, each and every one of them, to the Senate works its will and, in the completely bipartisan manner to carry see the battlefield beyond what they interests of justice, adopts the amend- out our responsibilities concerning the can see with their eyes and to conduct ment in due course. matters in the jurisdiction of our sub- the most effective warfare on our be- As I said, I rise to support S. 1390, the committee. half. National Defense Authorization Act for The Airland Subcommittee has broad The bill also requires and rec- fiscal year 2010, the matter before the responsibility for policy oversight over ommends full funding for a new ground

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.015 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7396 CONGRESSIONAL RECORD — SENATE July 13, 2009 combat vehicle research and develop- the future and support the transition There will be a lot of amendments ment program, as the Secretary of De- between F–22A and the F–35 Joint and some will be controversial. But fense agreed the Army needs. Strike Fighter programs. when it is all over and we come to In addition, this bill will direct the The bill also includes an additional adoption of the legislation, I hope, with Department to establish a development $20.4 million to support 12 additional confidence, that my colleagues on both program for a next-generation, self- Blackhawk A-to-L model conversions sides of the aisle will give the National propelled howitzer to take advantage to accelerate modernization of the Defense Authorization Act for fiscal of technologies already matured as Army’s Active and Reserve component year 2010 the resounding bipartisan part of the Future Combat System fleets. support it and our military deserve. non-line of sight cannon program. In the area of efficiencies, the bill I yield the floor. In other words, what we are trying to recommends making adjustments or The PRESIDING OFFICER (Mrs. do, in the aftermath of Secretary reductions as follows: a decrease of HAGAN). The Senator from Michigan. Gates’ decision to terminate the series $209.5 million for the C–130 Avionics Mr. LEVIN. Madam President, let me of programs under the Future Combat Modernization Program because of the thank Senator LIEBERMAN for all the Systems Program, is to harvest tech- delays in beginning the production pro- work he has done on our committee, nological advances that were made as gram and a decrease of $90 million for for coming to the Chamber and setting part of those now terminated pro- the CSAR-X, the search and rescue hel- out the parts of the bill he not only grams. icopter program, because of the avail- strongly supports but had a great deal To support our forces in Afghanistan, ability of prior year funds to cover fis- of effort he put forth, with colleagues this bill also recommends a large sum cal year 2010 requirements. on the committee, to make happen. We for an important purpose, $6.7 billion There is one provision of this bill are grateful for that. He also indicated for the Mine Resistant Ambush Pro- about which I myself have grave res- where the differences are so we can tected vehicle fund, which is an in- ervations. The full committee over- begin to focus on some of the amend- crease of $1.2 billion above the Presi- turned the recommendation of our sub- ments we will need to consider this dent’s budget request for what is nor- committee that concerns the develop- week. I hope other colleagues will fol- mally known as the MRAP—in this ment of the alternate engine for the low his lead and come to the floor to case, the MRAP all-terrain vehicles, a Joint Strike Fighter, a second engine indicate where they may be wanting to later version of the MRAPs, a more for the Joint Strike Fighter. President offer amendments so we can make agile version of the MRAPs that have Obama, as President Bush before him, progress. We are waiting for those noti- done so much to protect the lives and concluded, after the competition was fications, and we very much appreciate well-being of our soldiers in Iraq from held, the one engine met the needs of it. the impact of IEDs and of bombs our our military for the Joint Strike I thank him. I see Senator NELSON on the Senate enemies have set off. These MRAP Fighter Program without the addi- floor. I know he will be recognized ATVs will now be of tremendous assist- tional cost required for a second engine next. Senator NELSON has a very im- ance to the growing number of troops development program. portant subcommittee into which he we are sending to Afghanistan. This is The full committee overturned the judgment of the subcommittee and pro- has put a huge amount of time. He is a version of the MRAP made particu- an invaluable member of our com- vided $439 million in the coming fiscal larly for our troops now fighting for us mittee. year for the second engine. The Presi- in Afghanistan. The PRESIDING OFFICER. The Sen- In addition, in response to the Army dent, incidentally, has singled out that ator from Florida. Chief of Staff’s unfunded priorities list, engine as an example of one that he Mr. NELSON of Florida. Madam the bill also recommends adding $179 says ‘‘do[es] nothing to keep us safe’’ President, I am happy to be here to million to procure additional Force and has said if the second engine is in- support our committee work product. XXI Battlefield Command Brigade and cluded in the bill, he will consider We had a full complement of hearings Below systems to enhance the oper- vetoing the bill. I intend to work with and briefings for the Members in a very ational effectiveness of small units my colleagues this week to hopefully complicated area: the strategic defense fighting on our behalf in Afghanistan remove the funding for the alternative systems of our national defense policy. and Iraq. engine and restore it to where it was I have the privilege of chairing the When it comes to air power, the bill intended, which was to fund the devel- Strategic Forces Subcommittee. I wish also recommends an additional $560 opment of the Joint Strike Fighter and to give a few examples. million to buy FA–18E/F aircraft in fis- to pay for 10 UH–1Y helicopters, famil- On the whole question of missile de- cal year 2010 as originally planned in iarly known as Hueys, that were cut to fense, which has been so controversial the program of record, rather than the pay for this program that otherwise over the course of the last two and half nine aircraft requested by the Presi- would go to the Marines. Both the decades, we had a good bit of consensus dent’s budget. Our subcommittee be- Commandant of the Marine Corps and when we got down to the end. It is lieves these added aircraft are a sen- the Vice Chairman of Joint Chiefs of funded at the amount of the budget re- sible investment to make against a Staff have described this as critical for quest by the President. We did a little looming dangerous shortfall in our Na- our Marines fighting in Afghanistan. bit of rearranging from what the Presi- tion’s tactical aviation aircraft inven- They need those 10 Hueys. dent had recommended but stuck basi- tory. In other words, the new genera- Despite that one reservation, the leg- cally with the theory that we will have tion of tactical airfighters coming on islation and funding in the bill would 44 ground-based interceptors, and 30 of will not be there early enough to help end the Airland Subcommittee’s juris- them will be in the actual silos so that the Navy overcome the running out of diction. Indeed, the bill in general they will be reliable, available, and ef- the lifespan of the series of tactical strongly supports our Armed Forces in fective. aircraft they have now. That will put a time of war and supports the flexi- This has been a system where we are them way below what the Navy be- bility the Department, under Secretary absolutely insisting that there is ro- lieves it needs in the years ahead. Gates, has requested as it charts a path bust testing, testing not only of a mis- The subcommittee has also rec- to military modernization. I praised sile that would be fired at an incoming ommended an additional $1.75 billion to Chairman LEVIN in his absence. I don’t threat but that there would be a volley buy seven F–22A Raptor aircraft rather want to miss the opportunity to praise of them, that there would be a missile than terminating the production pro- him in his presence, along with Sen- that would shoot at a target. It would gram as requested by the Department. ator MCCAIN, for the leadership both assess that target, and it would shoot a This was a judgment made by the full have brought to this committee and second missile at that target to make committee when it received our sub- the extraordinary example of biparti- sure, if that were an inbound ICBM committee report. Although this was a sanship in the interest of national se- coming into the United States, that we hard decision, the continued produc- curity that they together have dem- would be sure we could hit it before it tion of the Raptor will guarantee that onstrated through their work on the ever reached its target in the United we have balanced combat air forces in committee. States.

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.026 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7397 Part of this was, we adopted an Our recommendation is to develop that Mr. LEVIN. Madam President, when amendment that would be part of the satellite, an ORS–1 satellite. the Senator from Florida says the sub- Quadrennial Defense Review and the Then we are looking to the future to committee has been active, it is a true Ballistic Missile Defense Review which go out for competition on developing a understatement. It has been extremely are now both underway. It would give a next generation kind of satellite that active. It has been very creative. It has detailed assessment of the ground- would be a very small satellite that operated on a bipartisan basis under based midcourse defense system. That would be to observe but would be a lot Senator NELSON’s leadership. It is a report would also require a detailed more economical and quicker to very challenging position he holds as plan for how the Department of De- launch. We want the Air Force to have that subcommittee chair because of the fense is going to sustain the planned space situational awareness informa- subject matter, and I wish to thank ground-based missile deployment capa- tion at all times, including from our him and commend him for all the great bility. The Department would provide commercial operators. We have a lot of work he does. that assessment and the plan to Con- commercial satellites up there. They I suggest the absence of a quorum. gress with the submission of next take a lot of pictures. That is of a The PRESIDING OFFICER. The year’s budget. value to us in the government, to uti- clerk will call the roll. At the end of the day, what we are lize those pictures in addition to the The bill clerk proceeded to call the looking for is that we have a missile others we receive. roll. defense system that works and that we We also have added funding to look Mr. LEVIN. Madam President, I ask know it works in case some rogue at a new low cost imaging satellite for unanimous consent that the order for state, such as North Korea or Iran, future application. In our Strategic the quorum call be rescinded. were to try to pull off an attack on the Force Subcommittee we also deal in in- The PRESIDING OFFICER. Without United States so we could knock that telligence. We have asked the Depart- objection, it is so ordered. attack down. ment of Defense to look at some of f We have a lot of other systems in these commercial imaging satellites to place besides the ground-based inter- utilize that information, maybe even a EXECUTIVE SESSION ceptors. For example, we have our new kind of commercial imaging sat- Aegis system of ships. We have the ellite that would be capable and would NOMINATION OF ROBERT M. standard missile 3 that is land based give us information on how to dissemi- GROVES TO BE DIRECTOR OF that, on a lot of these threats coming, nate that information. THE CENSUS as I suggested, if it were from Iran or We also, being concerned about the North Korea, we could get them in the spread of nuclear weapons, have re- The PRESIDING OFFICER. Under boost phase of their threatening mis- quested a report on the proliferation of the previous order, the Senate will pro- sile. But this missile defense system we nuclear weapons and materials. The ceed to executive session to consider are talking about, the ground-based Department of Energy is a part of our the following nomination which the interceptors in the silos in Alaska and Strategic Forces Subcommittee. That clerk will report. California right now, this would get is the part that is involved in weapons The legislative clerk read the nomi- them in midcourse so that when an activity. We decided to increase their nation of Robert M. Groves, of Michi- ICBM would be launched against us, if budget by $106 million to a total of $6.4 gan, to be Director of the Census. we did not get it in its initial phase, billion. It is focused on making sure The PRESIDING OFFICER. Under the boost phase, we would get it in its that the stockpile we have is effective the previous order, there will now be 1 midcourse phase before it comes in to and that it is safe and that we continue hour of debate prior to a vote on the its terminal phase. The terminal phase the process, under the treaties, of dis- motion to invoke cloture. would be the last part coming into the mantling. Who yields time? target. There is a provision that directs the The Senator from Louisiana is recog- We are going to have a layered sys- Department of Energy to carry out a nized. tem that is going to give us a lot of ca- stockpile life extension program, to do Mr. VITTER. Madam President, I rise pability to protect ourselves in the fu- what I had said, which is to modernize to oppose cloture on the nomination of ture from anybody who wants to try to and maintain the stockpile and to Robert Groves to be Census Director. threaten us with an ICBM. That is a make it even safer, and to do all of As we all know, the 2010 Census is part of what we have done. that without testing. We have added right around the corner. This is a very The Secretary of Defense has said he additional funds for nuclear weapons important process that should not be wants 44 of these missiles. We are plan- laboratories to provide technical sup- taken lightly. The census, of course, is ning for that. But at any one time, 30 port and analysis to the intelligence an official count of the country’s popu- of them would be in the silos in the community. lation mandated by the U.S. Constitu- ground, ready to go, knowing that if So there is another issue; that is, tion, and it is used to determine dis- the balloon went up and that we had to what we are going to do with some of tribution of taxpayer money through strike, we would strike with accuracy the pensions at the Department of En- grants and appropriations and the ap- and with redundancy in order to knock ergy contractor-operated sites. There portionment of the 435 seats in the those threats out of the sky before is another real issue which we have ad- House of Representatives. they ever got to us. dressed, which is what are we going to Every U.S. household unit, including In other strategic systems, we want do with some of this nuclear waste— those occupied by noncitizens and ille- to look at the bombers. We want to the waste from the weapons processing gal immigrants, must be counted. We make sure we have the future tech- plants? And how do you go about mak- must take every effort to make this a nologies that, if it is the decision of the ing sure that waste is safe? And, ulti- fair and accurate census that is not United States Government to develop a mately, how is it disposed of? skewed in any way by political influ- future bomber, in addition to what we So the Strategic Forces Sub- ence or using poor statistical material. have now, which is the B–52s, the B–1s, committee was quite active. It has With that in mind, I have very serious and the B–2s, we would have that capa- been my privilege to work with the concerns about some of the administra- bility by developing the technologies. chairman of the committee, Senator tion’s plans for the census, particularly Part of our strategic systems are also LEVIN. What could have been a very with regard to ACORN, the Association our space systems; that is, the sat- contentious part of the Defense author- of Community Organizations for Re- ellites in orbit that watch and listen in ization bill ended up being where we form Now. order to protect our national security. got very wide and very considerable bi- ACORN signed up in February 2009 to We have funded something called oper- partisan support. It is my privilege to assist the U.S. Census Bureau as a na- ationally responsive space. It includes have been a part of that process. tional partner, and they signed up spe- funds for a new satellite which was not Madam President, I yield the floor. cifically to help recruit 1.4 million in the Air Force budget. It was on what The PRESIDING OFFICER. The Sen- temporary workers needed to go door- they called their unfunded priority list. ator from Michigan. to-door to count every person in the

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.030 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7398 CONGRESSIONAL RECORD — SENATE July 13, 2009 United States. So they are a ‘‘2010 cen- For these reasons, I will strongly op- census with recruiting temporary Cen- sus partner’’—an official census part- pose this cloture vote for the census sus workers. That letter remains unan- ner given this delineation by the U.S. nominee. I continue to urge the admin- swered. Census Bureau. There was a very full istration to assure us that ACORN will I cannot support the nomination of report on this by the Wall Street Jour- have nothing to do with the process, Mr. Groves when the administration he nal just last month, in June of this after they have built up a long and sto- works for would partner with such a year. I have very serious concerns ried record, unfortunately, of fraud questionable organization as ACORN. about this. with regard to similar activity in Further, I am dismayed that Mr. As did Senator SHELBY, I wrote the terms of voter registration. Groves, the nominee to head the U.S. administration asking for assurances I thank the Chair. I yield the floor. Census Bureau, would not denounce that ACORN would have no role what- The PRESIDING OFFICER. The Sen- ACORN’s role in the census. Let me soever in the Census. I believe Senator ator from Alabama. tell my colleagues a little about SHELBY originally wrote his letter in Mr. SHELBY. Madam President, I ACORN, as I understand it. March. I sent my letter in early June. rise with concern regarding the nomi- ACORN has had numerous allega- Today we have gotten absolutely no re- nation of Mr. Robert Groves to serve as tions of fraud which should raise great sponse. Director of the Census. I have some of concern about the accuracy of the data Let me remind my colleagues why the same concerns my colleague from it would provide to the census. For ex- this should be a very serious concern Louisiana has. ample, Washington State filed felony for all of us. And we don’t have to look Conducting the census is a vital con- charges in 2007 against several paid far in terms of history to understand stitutional obligation. Under the U.S. ACORN employees and supervisors for these concerns; the last election cycle Constitution, the country conducts a falsifying 1,700 fraudulent voter reg- will do. In May 2009, Nevada filed census every 10 years to determine ap- istration cards. An ACORN worker in charges against ACORN. The complaint portionment to Congress. Article I, sec- the State of Pennsylvania was sen- includes 26 counts of voter fraud and 13 tion 2 of the Constitution mandates tenced in 2008 for fabricating 29 fal- counts for compensating those reg- ‘‘enumeration’’ to determine the allo- sified voter registration forms. In Ohio, istering voters, both felonies. From cation of seats for each State in the in 2004, a worker for one affiliate of July 27 through October 2 of 2008, U.S. House of Representatives, as the ACORN was given crack cocaine in ex- ACORN in Nevada also provided addi- Chair well knows. By extension, the change for fraudulent registrations tional compensation under a bonus pro- census also determines the composition that included underaged as well as dead gram called Blackjack or 21-Plus that of the electoral college which chooses voters. ACORN has been implicated in was based on the total number of vot- the President of the United States. The similar voter registration schemes ers a person registered. A canvasser information collected from the census around the country, and its activities who brought in 21 or more completed has a significant impact on the dis- were frequently questioned throughout the 2008 Presidential election. voter registration forms per shift tribution of political power in this I believe the census must be non- would be paid a bonus of $5. country. partisan. It must be totally above re- There are other serious complaints The results of this process are a proach. It must be honest. We cannot that have been made against ACORN. major factor in deciding where con- allow a biased, politically active orga- In March 2008, an ACORN worker in gressional district lines are drawn nization to take any type of official Pennsylvania was sentenced for mak- within each State. Through redis- role in the process, let alone recruit ing 29 phony voter registration forms. tricting, political parties can maximize workers for the census. While over- In 2007, Washington State filed felony their own party’s clout, while mini- counting here and undercounting charges against several paid ACORN mizing the opposition. If the census there, manipulation could take place were politicized, the party in control employees and supervisors for more solely for political gain. Using ACORN could arguably perpetuate its hold on than 1,700 fraudulent voter registra- to mobilize hundreds of thousands of political power. tions. temporary workers can surely lead to I think it is fair to say the American The results of the census are also abuses for those who want to gain po- public does have strong concerns about enormously important in another litical advantage, as we saw with the ACORN because of this long history of way—the allocation of Federal funds. voter registration issues in past elec- voter registration and voter fraud. So Theoretically, if the census were to be- tions. why should this organization be signed come politicized, the political party The laws that govern voter fraud up as an official 2010 census partner to controlling the census process could were not enough to dissuade those with do exactly the sort of activity of list- disproportionately steer Federal fund- the intent to throw an election. It is ing people, signing up people as they ing to areas dominated by its own doubtful the laws governing fraud in did fraudulently with regard to voter Members through a skewing of census the census will be any more effective registration? numbers. This could shift billions of against such deceitful intents. Again, this is very worrisome. What Federal dollars for roads, schools, and The people of this Nation deserve a is even more worrisome is that for hospitals over the next 10 years from census that is conducted in a fair and months, these clear concerns have been some parts of the country to others be- accurate manner, using the best meth- brought before the Obama administra- cause of the population-driven financ- ods to determine the outcome, and that tion, and the administration has done ing formula. is free from political tampering. Given absolutely nothing to dispel these very The census is vastly important and ACORN’s history and political connec- deep and very legitimate concerns. must proceed in as reliable and accu- tions, the U.S. Census Bureau should Again, my colleague, Senator SHELBY, rate a manner as possible. not partner with an organization that who will be speaking in a moment, sent On March 20 of this year, I wrote to has systemic problems with both accu- his letter in March of this year out- President Obama regarding reports racy and legitimacy. lining these strong concerns, asking that the Association of Community Or- While I cannot support Mr. Groves’ the administration to state categori- ganizations for Reform Now known as nomination, I hope he will carefully re- cally that ACORN would have nothing ACORN—that is what they go by—has view this issue and terminate ACORN’s to do with the census. I sent a similar signed as a national partner with the role in the 2010 census. It would be a followup letter in June of this year. To U.S. Census Bureau to assist with re- big first step for him. We must not let date, we have gotten no response. cruiting temporary census workers. I the census become a blatant political As it stands now, we are going to sign wish to say this again because it was tool in this country. up ACORN to do exactly the sort of ac- disturbing to me: On March 20, I wrote The PRESIDING OFFICER. The Sen- tivity they have done over and over to President Obama regarding reports ator from Delaware. and over again fraudulently, illegally, that the Association of Community Or- Mr. CARPER. Madam President, this with regard to voter registration. It is ganizations for Reform Now—ACORN— is not about ACORN. ACORN is not outrageous when so much is on the line had signed as a national partner with going to be hired or out there recruit- with this next very important census. the U.S. Census Bureau to assist the ing folks to go door-to-door to do the

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.032 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7399 enumeration for the census. ACORN how it operates. He has been involved As to what 2020 will bring or need, it isn’t going to be out there getting any in the census. He knows what the em- is too early to tell. First, until we money or grants. In fact, no Census Bu- ployees need, and he will be able to know how we are going to perform in reau partners are receiving money or successfully implement the census and 2010, what works best, and where we grants, and ACORN is no exception. As other programs. Those experiences can improve, we cannot begin to dic- the Census Bureau has reiterated, have prepared him extraordinarily well tate the design of the 2020 census; nei- ACORN is actually one of thousands of to lead the census at a time when rapid ther should we attempt to prescribe for organizations whose purpose in this changes are occurring. the future in the Congress and in the whole matter is to try to encourage He elevated the University of Michi- scientific community that which we people to respond to the census. That is gan’s survey research organization. I cannot, frankly, foresee. what they are about, trying to make am an Ohio State undergraduate, and I How much time have I consumed? sure people respond to the census. am raising the flag and promoting a The PRESIDING OFFICER. The Sen- Right here is a copy of the Constitu- fellow from Michigan, so you know he ator has consumed 7 minutes. tion that lays out one of the few re- has to be good for me to do that. I said Mr. CARPER. I will reserve the responsibilities we have as a Federal to my colleagues on this floor that we mainder of my time. I thank the Chair. Government. It is actually spelled out are lucky to have somebody this good I suggest the absence of a quorum. The PRESIDING OFFICER. The in the Constitution and says we are ex- and willing at this late stage to lead us clerk will call the roll. pected to do this. Every 10 years, we into doing a great job on the census. The legislative clerk proceeded to are supposed to conduct the census. It Numerous Federal and State agencies call the roll. says we are supposed to count every- and policymakers have sought his ex- Ms. COLLINS. Madam President, I body. We are supposed to count every- pertise on survey design and response. ask unanimous consent that the order body. Just as a ship needs a good cap- Dr. Groves has been accessible to for the quorum call be rescinded. tain, a school needs a good principal, Senators and our staffs throughout this The PRESIDING OFFICER. Without the country needs a good President, process. Requests to meet with Dr. objection, it is so ordered. the Census Bureau needs a good Direc- Groves were extended to every member Ms. COLLINS. Madam President, I tor. of the Homeland Security and Govern- rise in support of the nomination of Dr. We have been 7 months without a mental Affairs Committee in the Sen- Robert Groves to be the next Director Census Bureau Director. The Census ate. He also met with every Senator, as of the Census Bureau. Our committee, Bureau is supposed to turn a light far as I know, who requested a meet- the Homeland Security and Govern- switch on next April 1 and do the cen- ing, regardless of committee assign- mental Affairs Committee, scrutinized sus. It is a big deal. Hundreds of thou- ment. Dr. Groves received two ques- this nominee very carefully. First, I sands of people are involved, years of tions for the record after his hearing. wish to give some background on why effort, in making sure we count every- They were answered within hours—not it is so critical that we have a well- body as closely or as nearly as we can days or weeks—of the hearing’s end. qualified individual heading the Census and in a cost-effective way. It is a con- Every Senator who agreed to meet Bureau as quickly as possible and then stitutional requirement. with Dr. Groves, Republican and Demo- talk to my colleagues about why I be- Gary Locke, Governor of Wash- crat alike, decided to support him. lieve Dr. Groves is, indeed, the right ington, was nominated to be Secretary Dr. Groves—or whoever will be our person for that critical position. of Commerce, and the census falls next Census Bureau Director, and I With the 2010 census fast approach- within the Commerce Department. I hope it will be he—will undoubtedly ing, the Director of the Census Bureau ran into him the day after, I think, his face a host of operational and manage- will need to quickly take action to en- name was put out for nominee from ment challenges as we move closer to sure an accurate, actual enumeration Commerce, and I said: I have three the 2010 census. I am confident he is ex- of all those residing in the United things I want you to think about: (1) traordinarily well equipped to under- States, as set forth and required by our the Census Bureau Director; (2) the stand the agency’s inner workings, to Constitution. Census Bureau Director; and (3) the lead his staff, and to be a national The decennial census is a complex Census Bureau Director. I told him: We spokesman for the 2010 census and the and extensive operation. The informa- don’t have anybody, and if you have agency’s other equally ongoing survey tion collected has significant impact any names of folks you think would be programs. on the distribution of political power good, let us have them. Somewhere here, I have some ques- because, after all, it governs the allo- Ironically, a week or so later, I held tions that were asked of him at our cation of seats in the House of Rep- a subcommittee hearing focused on the hearing. Let’s see if I can find one of resentatives and it also affects the al- census, getting ready for April of 2010— them. I know this has been mentioned location of more than $300 billion in without a Bureau Director. We had be- on the floor. Federal resources. With so much at fore us that day folks who were in- I see Senator COLLINS, who is the stake, it is essential that the results of volved in the census in 1970, 1980, 1990, ranking Republican on the committee. the census be accurate, objective, cred- and 2000. At the end of the hearing, I I think it might have been Senator ible, and free from even the appearance said we need somebody really good to COLLINS who actually questioned Dr. of political influence. run this operation. Dr. Murdock had Groves about sampling and whether we The Census Bureau, unfortunately, been the Census Bureau Director the are going to just sample as opposed to faces significant operational and orga- previous year. He was only with us for actually counting people and making nizational challenges. Bureau officials a year, but I said we need somebody sure things are right. The Census Bu- acknowledged in 2008 that they were that good or even better. I said: By the reau has been very clear that it will experiencing critical problems in the close of this week, I want each of you not adjust the 2010 census counts. The management and testing of key infor- to give me one or two names of who plans and designs for the 2010 census mation technology systems. you think would be a terrific Director have been in place for nearly a decade. Due to the leadership and investiga- for the Census Bureau. Guess whose The operations are already underway. tive work of Senator CARPER and Sen- name I got back from almost every one The Bureau began to address can- ator COBURN, our committee held nu- of the witnesses. Robert Groves. vassing this spring, which is finding merous hearings looking at the failed Dr. Groves, in my view, is an inspired out all of the addresses—not nec- procurements of the Census Bureau. choice for this position. His extensive essarily who lives there but the ad- Believe me, it has not been a pretty expertise in statistics, social research dresses—and try to automate that. The picture. These problems have resulted and survey methodology, and the ad- Secretary of Commerce reiterated that in a dramatic increase in the cost of ministration of large-scale surveys sampling is not included in the design the 2010 census, and it is particularly makes him ideally suited for this posi- for the 2010 census. It couldn’t be even alarming in this day and age of tech- tion. He served once as the Associate if we wanted it to be. At this late stage nology that millions of dollars invested Director for the Census Bureau, I think of the game, not only do we not want it by the Census Bureau in handheld com- about 10 years ago. Dr. Groves knows to be, but it couldn’t be. puters have gone to waste. The Bureau,

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.033 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7400 CONGRESSIONAL RECORD — SENATE July 13, 2009 in fact, has once again returned to the Sunshine, doing one’s work in an open en- parties, from both sides of the aisle, use of paper and pencil to gather im- vironment, having an ongoing dialog with all from Democratic and Republican ad- portant data. Isn’t that extraordinary of the stakeholders is one way to insulate ministrations. This is a testament to in this day and age? It is clear there the Census Bureau from that political par- the respect that Dr. Groves’s peers tisanship. are woefully inadequate and wasteful have for his work. procurement practices and even gross He went on to add: Dr. Groves has the leadership and mismanagement at the Bureau. We Transparency is a very powerful antidote professional experience that is needed simply cannot afford to waste time and to attempts for partisan influence. to lead the Bureau through the 2010 money on critical programs that do not What could be clearer than that? census to plan for the 2020 census and produce results, particularly when it Here we have a nominee who has to direct the Bureau’s other vital pro- comes to a constitutionally mandated pledged that he would resign if polit- grams. I would be the first to be here in task such as the census. ical influence were brought to bear on opposition if I believed he was going to The next Director of the Census Bu- his office. I don’t know what more you use sampling or if I believed he was reau must take steps right now to ad- could ask, and this is the commitment going to be susceptible to political dress the current shortcomings and to given at a public hearing, under oath, pressure. There is nothing in the record prepare for the current and future cen- as well as privately to me when we met or in his testimony that suggests that. sus challenges. He will be responsible in my office. I, therefore, urge my colleagues to for ensuring that the Bureau fulfills its Let me go on to the second issue that support this nomination and to let us mission in accordance with the U.S. has been raised. Again, an important get on with the critical work that Constitution, without undue political issue. I agree with my colleagues on needs to be done at this Bureau which, influence and with careful manage- my side of the aisle who have been con- regrettably, has been so poorly man- ment of taxpayer dollars. cerned about whether sampling would aged in the last few years. I have concluded that Dr. Groves is be used rather than the actual count I look forward to working with Dr. superbly well qualified for this impor- mandated by the Constitution. On this Groves. I urge our colleagues to sup- tant position. That is why our com- issue of sampling, I asked Dr. Groves: port his nomination. mittee unanimously voted, by a voice Mr. CARDIN. Madam President, I Will you advocate for the statistical ad- rise today to express my support for vote, to confirm him. Our committee justment or use of sampling for the 2010 cen- spans the political spectrum, and all of sus? the nomination of Robert M. Groves to serve as the Director of the U.S. Bu- us felt Dr. Groves was well qualified for Dr. Groves’s response: this critical position. reau of the Census. I believe that he is Madam President, personally, I have No, Senator. extremely qualified to serve in this po- had the opportunity to meet with Dr. That is an unqualified response: ‘‘No, sition. Dr. Groves is highly recognized Groves, to scrutinize his qualifications Senator.’’ by the academic community for his ex- and background, and to question him I then asked him a further question: traordinary work in survey method- intensely about the issues that have ‘‘Will you advocate for the statistical ology. He has previously held positions caused a few of my colleagues concern. adjustment of the 2020 census,’’ since, at the Census Bureau, including Asso- I say to my colleagues, look at the after all, maybe there is not time to ciate Director and visiting researcher. hearing record, look at Dr. Groves’ re- adjust the 2010 census to have sampling His extensive academic and profes- sponses. I pressed him, as Senator CAR- or a statistical adjustment, given how sional background makes him well PER has pointed out, about the need to close we are to the 2010 census. So I suited for the responsibilities and chal- conduct the census free of any political asked him about the 2020 census. lenges he will face as U.S. Census Di- influence, and I specifically asked him Dr. Groves’s response: rector. about the use of sampling for the 2010 I have no plans to do that for 2020. As the year 2010 draws near, the Cen- sus Bureau is preparing to conduct the census and the 2020 census. Dr. Groves Dr. Groves’s record of service and 23rd census of the United States. This not only committed to keeping politics leadership and scientific research spans national decennial census, as mandated out of the population count but also the academic, government, and private by our Constitution, will yield results said he would resign and actively work sectors, both within the United States that will affect each and every citizen. to stop any action to improperly influ- and internationally. As the director of The census serves to determine the ap- ence the census for political gain. He the University of Michigan Survey Re- portionment of legislative seats, the further stated, under oath, that he had search Center, a very well-known pres- distribution of Federal funding, and it no intention of seeking an adjustment tigious research center; as the former of either the 2010 census or the 2020 provides important data as to what director of the Joint Program in Serv- community resources are needed and census. ice Methodology; and the former asso- Let me read from the committee how these resources should be allo- ciate director of Statistical Design transcript because I, too, am very con- cated. Additionally, census data can Standards and Methodology at the Cen- cerned about this problem. There were offer a better understanding of the sus Bureau, he is considered to be one some initial indications that this changing dynamics of our country. of a half dozen most highly regarded White House might, in fact, be looking Thus, it is imperative that the census service research experts in the world. to influence the census in an improper count be accurate. The Census Bureau He is extraordinarily well qualified. way. That is why I wanted to get Dr. must be led by a Director who under- He is not a political person. He is a sci- Groves on the record, under oath, on stands the challenges presented by this entist, a researcher, a statistician. this important issue. daunting task. Mr. Groves is ready to Here is what I asked him: That is why it is not surprising that face these challenges with the help of a Dr. Groves, would you be prepared to re- Dr. Groves’s nomination has received comprehensive technology strategy sign if you were asked or pressured to do strong support from a number of orga- and a dedicated workforce. something or take some action to satisfy a nizations, including the American Sta- I am proud to say that many mem- political concern? tistical Association. I will concede, I bers of this dedicated staff are based at Doctor Groves responded to me: did not know that such an organization the U.S. Census Bureau Headquarters More than that, Senator. If I resign, I existed prior to this nominee. But they in Suitland, MD. Since 1942, the U.S. promise you today that after I resign, I have endorsed him, as well as some, Census Bureau has been headquartered would be active in stopping the abuse from perhaps, groups better known to us, in Suitland. Currently, approximately outside the system. such as the U.S. Conference of Mayors, 4,300 individuals are employed there, In other words, Dr. Groves told me the National League of Cities, and the working hard to ensure that we have that if political pressure were put on Population Reference Bureau. the data necessary to make important him, he would not only resign, he But here is what is more telling. Six decisions affecting the lives of all would go public and he would lead the former Census Directors from both Americans. I commend each of them fight to protect the census from undue Democratic and Republican adminis- for their valuable work. political influence. He committed to a trations have also endorsed Mr. Coordinating the census is a hercu- transparent census process, stating: Groves’s nomination. Six from both lean task. To compile socio-economic

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.034 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7401 data on each and every individual in search on non-response to household surveys it every 10 years. We have tried to do this country is a daunting, mind-bog- and survey error, has published three of the that and do it well. It has gotten more gling task. The timeliness, relevancy, most-cited textbooks and numerous journal difficult. We have a lot more people, and quality of the data collected and articles on survey research, and has and far flung. We have a lot more peo- mentored many graduate students who now services provided by the men and staff most of the major academic and private ple to count next year than we did 10 women at the Census Bureau Head- sector survey organizations in the field. As years ago. People have concerns about quarters with Dr. Groves at the helm Director of the University of Michigan’s privacy, and folks in this country will ensure the successful completion prestigious Survey Research Center/Institute speak a lot of different languages, just of the upcoming decennial census and of Social Research, he is one of the half like they did when the first census was the future of the Census Bureau. dozen most highly regarded survey research done. I am pleased to support the nomina- methodologists not only in the United States We are going to use technology. We tion of Robert M. Groves as Director of but in the world. are not going to use the technology we As you know, time is short, and his speedy the U.S. Census Bureau and encourage confirmation can help achieve a 2010 census ought to. We need a Director who un- my colleagues to do the same. that is as accurate as possible. derstands that and is in a position to The PRESIDING OFFICER. Who Sincerely, make sure the technology we do plan yields time? CHARLES LOUIS KINCANNON to use in 2010 we use well, and when Ms. COLLINS. Madam President, I (2002–2008); 2020 rolls around, we will use it a whole suggest the absence of a quorum. KENNETH PREWITT lot more effectively. The PRESIDING OFFICER. The (1998–2001); It would be great to have a Census clerk will call the roll. MARTHA FARNSWORTH Director who was well schooled, well The assistant legislative clerk pro- RICHE educated in doing the kind of work ceeded to call the roll. (1994–1998); BARBARA EVERITT BRYANT that is called on in conducting a cen- Mr. CARPER. Madam President, I sus—counting large numbers of people. ask unanimous consent that the order (1989–1993); JOHN G. KEANE This fellow’s credentials are superb. It for the quorum call be rescinded. (1984–1989); would be great if we had someone who The PRESIDING OFFICER. Without VINCENT BARABBA had actually worked at a high level in objection, it is so ordered. (1973–1976; 1979–1981). The Senator from Michigan. the census and demonstrated by his Mr. LEVIN. Madam President, I yield Mr. LEVIN. In 2001, Dr. Groves was work his ability to run a large organi- myself 3 minutes. elected by his peers to lead the Insti- zation. He has done that, and at the The PRESIDING OFFICER. Without tute for Social Research and the Sur- University of Michigan he has headed objection, it is so ordered. vey Research Center at the University up a very large organization of some of Mr. LEVIN. Madam President, I am of Michigan. This is the largest aca- the smartest people in this country very pleased to support the nomination demic-based research institute of its who work on these sorts of issues and of Bob Groves to be Director of the kind in the world. It has educated has done so, from everyone we have U.S. Census Bureau. Dr. Groves is not many of our Nation’s scientific leaders heard, with great aplomb and great just a well-qualified candidate; he may in the field of survey statistics. We ability. be the best qualified candidate ever sometimes talk about peer review. As I said earlier, at the hearing I con- nominated for this position. Well, he has been peer reviewed, and he ducted several months ago with some Dr. Groves has been endorsed by was selected by his peers to lead that of our colleagues on the Homeland Se- many scientific and professional asso- prestigious institution. curity and Governmental Affairs Com- ciations, including the American Sta- Dr. Groves is a longtime Michigan mittee, we reached out to people who tistical Association, the American So- resident. He has been part of the Uni- have run the census in the last 30 or 40 ciological Association, and the Council versity of Michigan community since years. We asked some of these folks to of American Survey Research Organi- he began his master’s studies in Ann tell us who they thought would be zations. He has also been endorsed by Arbor in 1970. He graduated summa good, and virtually everyone who has six former Directors of the U.S. Census cum laude from Dartmouth College been involved in the census in a high Bureau who were appointed by both with a degree in sociology and earned leadership position has said not only Republican and Democratic Presidents. master’s degrees in statistics and soci- would we be lucky to get a fellow with I ask unanimous consent to have ology and a doctorate in sociology Dr. Groves’s reputation, his leadership printed in the RECORD a letter of en- from the University of Michigan. and ability, but we would be lucky to dorsement. He is truly a highly respected expert have somebody with this kind of expe- There being no objection, the mate- in survey methodology and statistics, rience. rial was ordered to be printed in the and he will bring greatly needed lead- For me, and I know for my col- RECORD, as follows: ership to the Census Bureau as it con- leagues, an important issue is what is THE CENSUS PROJECT, tinues to prepare for and execute the the character and the integrity of the Washington, DC, April 14, 2009. 2010 census. Dr. Groves deserves the person taking this position. I think it Hon. JOSEPH I. LIEBERMAN, overwhelming support of the Senate. was Senator COLLINS who asked the Chairman, Committee on Homeland Security Madam President, I yield the floor, question: If you believe political influ- and Governmental Affairs, Washington, DC. ence is being used in the conduct of the DEAR CHAIRMAN LIEBERMAN: We, the under- and I suggest the absence of a quorum. signed former Directors of the U.S. Census The PRESIDING OFFICER. The 2010 census, would you be willing to Bureau who are familiar with the career of clerk will call the roll. look into resigning as a form of protest Robert M. Groves, want to endorse his nomi- The assistant legislative clerk pro- against any kind of political involve- nation as the next Director and urge his ceeded to call the roll. ment? speedy confirmation. Mr. CARPER. Madam President, I And he said: Not only would I be will- It is a plus that Dr. Groves has had experi- ask unanimous consent that the order ing to resign, I will resign. I would use ence at the Census Bureau, where he was for the quorum call be rescinded. whatever ability I could to bring to brought in to reinvigorate the Statistical Methods Division. He built a strong research The PRESIDING OFFICER. Without light the kind of behavior that led to team who did much of the early research for objection, it is so ordered. my resignation, to discredit that be- improving the 2000 census. He came to the Mr. CARPER. Madam President, I havior, and make it clear that is what Census Bureau under the condition that the think we are going to vote in about 12 I think we should not do, and that, lit- Bureau would provide positions in his divi- minutes or so, but I just wanted to re- erally, that behavior caused me to re- sion for him to recruit a small number of re- iterate a couple of things that have sign as the Census Director. search specialists from academic institu- been said. I think it would be great if we had tions, other federal statistical agencies, and First of all, our Constitution doesn’t somebody who is interested in this job, from within the Census Bureau for his team. talk about a lot of the things we do to willing to do the job, is well qualified, Everyone he asked to join that team considered it a career plus to join him. run our government in this country, and who was willing to meet with any- Dr. Groves is a nonpartisan, academic re- but one of the things it talks about at body who wanted to meet with him searcher who has focused much of his re- some length is the census. It says to do whether they were on the committee of

VerDate Nov 24 2008 02:38 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.018 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7402 CONGRESSIONAL RECORD — SENATE July 13, 2009 jurisdiction—Homeland Security and Senator from Michigan (Ms. STABENOW) LEGISLATIVE SESSION Governmental Affairs—or not; whether are necessarily absent. The PRESIDING OFFICER. The Sen- they were a Democrat or not. To my Mr. KYL. The following Senators are ate will resume legislative session. knowledge, he has met with all of us necessarily absent: the Senator from f who wanted to spend time with him. Utah (Mr. BENNETT), the Senator from The last thing I would say—and one South Carolina (Mr. DEMINT), the Sen- NATIONAL DEFENSE AUTHORIZA- of the things I found so refreshing—is ator from Texas (Mrs. HUTCHISON), the TION ACT FOR FISCAL YEAR that he is not a political guy. This is Senator from Indiana (Mr. LUGAR), and 2010—Continued someone who is a scientist. He is a the Senator from Ohio (Mr. VOINOVICH). Mr. DURBIN. Madam President, I statistician. He is good at leading a The PRESIDING OFFICER. Are there large organization. He gets this stuff. suggest the absence of a quorum. any other Senators in the Chamber de- The PRESIDING OFFICER. The He enjoys this stuff. How lucky we are siring to vote? to get someone who wants to take on clerk will call the roll. The yeas and nays resulted—yeas 76, The bill clerk proceeded to call the this challenge for us in our Nation’s nays 15, as follows: history. roll. [Rollcall Vote No. 230 Ex.] For these reasons and others that Mr. DODD. Madam President, I ask unanimous consent that the order for Senator COLLINS and I have mentioned, YEAS—76 he deserves our support. I hope in 10 Akaka Franken McConnell the quorum call be rescinded. minutes or so, when we have the oppor- Alexander Gillibrand Menendez The PRESIDING OFFICER (Mrs. Baucus Graham Merkley SHAHEEN). Without objection, it is so tunity to vote, we will vote for him in Bayh Grassley Mikulski ordered. very large, overwhelming numbers. Begich Gregg Murkowski Madam President, how much time re- Bennet Hagan Murray Mr. DODD. Madam President, I rise Bingaman Harkin mains on our side? Nelson (NE) this evening to express my opposition Bond Hatch Nelson (FL) The PRESIDING OFFICER. Twenty Boxer Inhofe to the Levin-McCain amendment which Pryor Brown Inouye would cut short the production of the seconds remain. Reed Burr Johanns Mr. CARPER. Madam President, I re- Reid F–22 fighter. I understand my position Burris Johnson on this puts me at odds with our Presi- serve the remainder of my time, and I Cantwell Kaufman Sanders suggest the absence of a quorum. Cardin Kerry Schumer dent, President Obama, as well as the The PRESIDING OFFICER. The Carper Klobuchar Shaheen chairman and ranking member of the Casey Kohl Snowe Senate Armed Services Committee, clerk will call the roll. Coburn Kyl Specter The assistant legislative clerk pro- Cochran Landrieu Tester both fine public servants for whom I ceeded to call the roll. Collins Lautenberg Thune have a tremendous amount of respect Mr. CARPER. Madam President, I Conrad Leahy Udall (CO) and with whom I have worked on nu- Corker Levin Udall (NM) merous occasions, and I look forward ask unanimous consent the order for Dodd Lieberman Warner to doing so in the future once we get the quorum call be rescinded. Dorgan Lincoln Webb The PRESIDING OFFICER. Without Durbin Martinez Whitehouse beyond this. objection, it is so ordered. Feingold McCain Wyden I also think I have a duty to stand up Feinstein McCaskill CLOTURE MOTION for an airplane built by constituents of The PRESIDING OFFICER. Under NAYS—15 mine. I wouldn’t make the case strictly the previous order, pursuant to rule Barrasso Crapo Roberts on job loss in an individual State. That XXII, the Chair lays before the Senate Brownback Ensign Sessions is not a legitimate argument to make Bunning Enzi Shelby to 99 of my colleagues from around the the pending cloture motion, which the Chambliss Isakson Vitter clerk will state. Cornyn Risch Wicker country. If we made the case that job losses would occur in our own respec- The assistant legislative clerk read NOT VOTING—9 as follows: tive districts or States, obviously it Bennett Hutchison Rockefeller would lead to chaos and we wouldn’t CLOTURE MOTION Byrd Kennedy Stabenow have a situation like that. We, the undersigned Senators, in accord- DeMint Lugar Voinovich ance with the provisions of rule XXII of the My argument in support of this F–22 The PRESIDING OFFICER. On this goes far beyond the potential job losses Standing Rules of the Senate, hereby move vote, the yeas are 76, the nays are 15. to bring to a close debate on the nomination in my State, although that is not insig- of Robert M. Groves, of Michigan, to be Di- Three-fifths of the Senators duly cho- nificant. Some 2,000 jobs could be lost rector of the Census. sen and sworn having voted in the af- potentially in Connecticut. More im- Harry Reid, John D. Rockefeller, IV, firmative, the motion is agreed to. portant than the job loss, as important Christopher J. Dodd, Arlen Specter, Under the previous order, all as that is, is the potential loss of the Richard J. Durbin, Mark Begich, Mark postcloture time is yielded back. The industrial base that is absolutely crit- Udall, Michael F. Bennet, Jeff Binga- question is on agreeing to the con- ical to maintaining the ability to man, Robert P. Casey, Jr., Frank R. firmation of the nominee. Lautenberg, Blanche L. Lincoln, Tom produce the superior engines that we Udall, Bill Nelson, Byron L. Dorgan, The nomination was confirmed. historically have been able to produce Claire McCaskill, Kirsten E. Under the previous order, the motion at the Pratt & Whitney Division of Gillibrand. to reconsider is considered made and United Technologies, a corporation in The PRESIDING OFFICER. By unan- laid upon the table. The President will my home State. The work being done imous consent, the mandatory quorum be immediately notified of the Senate’s by machinists and engineers and tech- call has been waived. action. nicians in my State and others all The question is, Is it the sense of the (At the request of Mr. REID, the fol- across the country not only produce Senate that debate on the nomination lowing statement was ordered to be quality work but also make a signifi- of Robert M. Groves, of Michigan, to be printed in the RECORD.) cant difference in saving lives and in Director of the Census, shall be ∑ Ms. STABENOW. Madam President, I giving us the superior ability to deal brought to a close? was necessarily absent for tonight’s with potential threats that our Nation The yeas and nays are mandatory vote on the nomination of Robert M. faces. That has been a hallmark of under the rule. Groves, of Michigan, to be Director of every generation that has come before The clerk will call the roll. the Bureau of the Census at the De- us, not to achieve parity with potential The assistant legislative clerk called partment of Commerce. I was in Michi- adversaries but to be in a superior posi- the roll. gan attending an event with the Sec- tion to potential adversaries. Mr. DURBIN. I announce that the retary of Agriculture. Had I been So let me begin with my concerns Senator from West Virginia (Mr. present for the vote on this nomina- over this amendment’s potential im- BYRD), the Senator from Massachusetts tion, I would have voted in favor of pact on our national security. Since (Mr. KENNEDY), the Senator from West both the motion to invoke cloture and the advent of modern warfare, military Virginia (Mr. ROCKEFELLER), and the on confirmation of the nomination.∑ strategists have sought the highest

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.037 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7403 ground on the battlefield to gain tech- Sudan, Syria, Turkmenistan, Ukraine, the F–16, were brought down during the nical advantage. In the age of the Uzbekistan, and Yemen. Again, wide- 1999 Kosovo operations by rudimentary fighter jet, that means commanding spread globally, that air-to-ground ca- Serbian surface-to-air missiles. These the skies. In a modern era, air superi- pability and air-to-air capability. are risks that we shouldn’t have to ority has become a cornerstone of Today, there is a fifth generation take and don’t have to take. These are American strategy. The F–22 is the rea- being developed that will be highly risks we don’t have to force upon our son we can lay claim to this superi- competitive with the F–22 and the F–35. pilots. These are risks that are entirely ority at this critical time. It is a fast That fifth generation fighter is cur- preventable if we arm ourselves with plane, reaching speeds of mach 1.5 in 90 rently being developed by Russia and the next generation, and that is why seconds. That is without thrusters. It China to challenge the F–22 and the F– the F–22 is so critically important. is stealthy. It also has the ability to 35. So that gives us some sense of If this amendment is being offered to engage targets before it can be de- where we are today. These are very so- strike and eliminate the F–22, then we tected. It is highly equipped with ad- phisticated aircraft operating today. cannot guarantee America’s continuing vanced intelligence, surveillance, and The surface-to-air missiles are very so- air dominance. Our allies will not al- reconnaissance tools. phisticated and in countries today that ways look like those we faced in Af- As an instrument of air superiority, can take out, in fact, our existing tech- ghanistan in 2001 or Iraq in 2003, en- the F–22 Raptor is unmatched by any nology in many areas. emies whose air defenses were in tat- foreign competitor, including the much Of course, the fifth generation is ters. We do not always choose when heralded MiG–29, the Russian-built what we are talking about being ready and where our battles are going to be MiG–29 flown by various militaries for the midpart of this century. Our air fought. We must be prepared and we around the world. superiority has not gone unnoticed by must retain our competitive edge for I am going to point to this particular others in many ways, as identified by the sake of our national security and chart I have, which is rather difficult this map. All the countries in red, as I the lives, obviously, of our troops. to read even from where the Presiding have pointed out, have an air capa- If the pending amendment is ap- Officer is, given it is a map, obviously, bility comparable to the MiG. That proved, our F–22 fleet will be limited to of the world, and there are a series of means they are all on a par with our 187 aircraft. According to military offi- color-coded dots on this map. Let me current aircraft technology; specifi- cials, such a figure is simply not explain what the dots are, and then I cally, the F–15 and F–16 fighters known enough to address the current capabili- will explain what we are looking at in as the fourth generation of jets. ties of our military’s competitors. existing technologies in the fourth gen- So our F–15 and F–16 are very com- I have a letter dated June 9 of this eration of development of aircraft petent, very good, and they are on par- year from GEN John Corley who is cur- technology and what is being done on a ity—they are not superior but on par- rently in charge of Air Combat Com- fifth generation by nation states, parity—with these aircraft. mand for the Air Force. In this letter ticularly the Russians and the Chinese. To give my colleagues some idea of he reiterated his perception. I think The countries in red on this chart in- what I mean by the comparison of gen- my colleagues will understand as well dicate those nations that already oper- erations, an exercise was conducted in that when we have a general serving in ate or have ordered fourth generation January 2007, in which the F–22 was charge of air combat and command fighters, and there are a number of matched up against the F–15 and F/A– missions for the Air Force who dis- countries around the world in that cat- 18, to demonstrate how each aircraft agrees with the Secretary of Defense in egory. The yellow coded areas are ex- would fare in actual dogfights with one a public way, we get some idea of the pected to order by the year 2010, these another. The F–22 in comparative bat- depth of feeling that occurs with a fourth generation fighters. You get an tles beat the F–15 and F/A–18, 144 to 0— matter like this. idea in the Middle East, some of the 144 to 0—to give my colleagues an idea Let me quote: North African States, and some out in of how much more superior the F–22 the Far East as well. The red dots can be in command of the airspace as At Air Combat Command, we have held the need for 381 F–22s. . . . In my opinion, a fleet themselves operate or have ordered ad- opposed to what is comparable to the of 187 F–22s puts execution of our current na- vanced surface-to-air missiles. Again, F–15 today. So the F–22 is a very im- tional security strategy at high risk in the this is critical technology that has the portant piece of technology when it near to mid term. To my knowledge, there capacity to take out our aircraft. Then comes to regaining the superior capa- are no studies that demonstrate 187 F–22s are the yellow dots, the round dots, they bilities that are absolutely essential. adequate to support our national military are ordering or are considering ad- According to the Air Force, what is strategy. Air Combat Command analysis, vanced surface-to-air missiles. more, this map shows that 30 nations done in concert with Headquarters Air So we get some idea of what is occur- are at parity with or exceeding the ca- Force, shows a moderate risk force can be ring. pabilities of the F–15 and F–16, and that obtained with an F–22 fleet of approximately 250 aircraft. This over here: Air dominance is not puts our missions and the lives of our guaranteed, is the point I wanted to pilots at risk. On top of that, Russia General Corley, responsible for the make with this chart. According to the and China are currently both devel- aircraft readiness of the U.S. Air information on this map sanctioned by oping their own fifth generation of Force, says we will incur moderate risk the Air Force, there are Russian-made fighter to counter the F–22 and the F– with even 250 aircraft, and the com- aircraft known as SU–27s, which have 35. There are a dozen nations around mand needs 381 aircraft to be fully ca- air-to-air capability, more of the dog- the world, marked by these red dots, pable. Yet we insist on giving them fight kind of capability. Those planes that are today operating surface-to-air only 187. are operated already by Algeria, missile launchers capable of shooting That is deeply troubling. I think we Belarus, China, Eritrea, Ethiopia, down the F–15 Strike Eagles that the owe to it our troops to give them what India, Indonesia, Kazakhstan, Malay- F–22 would replace. they need to protect our Nation as sia, Mexico, Russia, the Ukraine, The yellow dots indicate other coun- well. Uzbekistan, Venezuela, and Vietnam. tries considering the purchase of such Our security also depends on a robust And then there is the MiG–29, which is weapons, and I pointed those out as manufacturing base, and the proposed both an air-to-air and an air-to-ground well. amendment could be devastating to our fighter. It is also a Russian-built air- Our current fourth generation fighter critical aerospace industrial capabili- craft, and is capable of challenging our jets are vulnerable to these threats be- ties. current fleet of F–15s and F–16s. The cause they don’t have the stealth tech- If this amendment we are talking MiG–29 is operated by the militaries of nology found in the F–22. Regrettably, about passes, the F–22 assembly will Algeria, Armenia, Azerbaijan, Ban- we witnessed this danger during Oper- halt at 2011, and fighter jet production gladesh, Belarus, Bulgaria, Cuba, Eri- ation Desert Storm when 37 of our non- lines will run down until 2014, when the trea, Hungary, India, Iran, Kazakhstan, stealthy aircraft were shot down and 40 F–35 manufacturing begins in earnest. Malaysia, Myanmar, North Korea, more were damaged, and an early What does this mean for the aero- Peru, Poland, Russia, Serbia, Slovakia, stealth fighter, the F–117, as well as space industry in this Nation?

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.041 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7404 CONGRESSIONAL RECORD — SENATE July 13, 2009 In Connecticut, we are blessed to Quadrennial Defense Review, published years, starting on the assembly line, fi- have a large contingent of skilled aero- by the military to identify the needs nally rising to his current job on the space workers who keep our country and strategy of our Armed Forces, they test line for the plant’s most advanced safe and produce, of course, magnifi- stated that F–22 production should be engine, the F–22. He is married, with cent engines. They are highly skilled extended ‘‘through fiscal year 2010 with two sons, ages 17 and 12, whom he engineers, machinists, and technicians a multiyear acquisition contract, to hopes to send off to college. and, on average, they are in their mid ensure the Department does not have a The prospect of cutting the F–22 pro- to late forties. They may retire, obvi- gap in fifth generation stealth capabili- duction makes him worry every day ously, they may pack up and relocate, ties.’’ about his sons’ futures, not only about they may leave the trade entirely; but That is a direct quote from the Quad- whether he will be able to send them to they won’t sit idle for 3 years. Our Na- rennial Defense review report in 2006. college but also whether there will be tion cannot afford to lose them. The military identified in 2006, the any jobs for the next generation of That is represented by this area here most recent published report of this children in Connecticut’s aerospace in- on the chart. To lay these people off type, that our Nation would suffer a dustry. loss in aerospace manufacturing capa- and then to once again rehire them—in Rocco Marone—known as Rocky—has many cases, they will be in their bilities if fighter production doesn’t worked at the Pratt & Whitney engine midfifties—is unrealistic. That synergy have a seamless transition. facility in Middletown for 34 years. that is critically important is going to Yet, for some reason, we find our- Like Frank, he is an engine test me- be lost. selves in the very position the military The Commission on the Future of the had, only 3 years ago, realized we chanic. He trains and works with the U.S. Aerospace Industry recently rec- should avoid. younger mechanics and imparts his ex- ommended ‘‘that the Nation imme- In addition to our national security perience to them, both from his time diately reverse the decline in and pro- and the readiness of our aerospace pro- on the assembly line and working in mote the growth of a scientifically and duction industry, this amendment the test cell. technologically trained U.S. aerospace would have a negative impact on jobs. It is workers such as these two men workforce . . .’’ adding that ‘‘the Our unemployment rate is at 9.5 per- at the Middletown plant in Middletown breakdown of America’s intellectual cent, and we continue to face the worst CT—with a combined 65 years, taking and industrial capacity is a threat to economic conditions in decades. that knowledge they have acquired and national security and our capability to That is why the administration and building the finest engines in the world continue as a world leader.’’ this Congress have taken unprece- for the past 80 years—the plant has. It The Commission also stated that re- dented steps to put Americans back to is these seasoned workers who, by solving the crisis will require govern- work. It is why the government has training the next generation, will en- ment, industry, labor, and academia to stepped in to save critical manufac- sure that the trade secrets of engine work together to reverse this trend. turing sectors, such as the domestic building are never lost. This amend- I am afraid this amendment does the automobile industry. ment puts all of that at risk. opposite of what we are being warned This amendment suggests that the As I mentioned, if the F–22 is can- to try to stop. According to the Aero- same government doesn’t believe our celed in 2011 at 187 aircraft—the num- space Industry Association, the indus- tactical aircraft manufacturing sector bers we are now talking about—then try faces impending retirements and a warrants similar treatment. these two individuals and tens of thou- shortage of trained technical grad- In my State, where the impact of the sands of others in our country will face uates, a situation already expected to Recovery Act is just beginning to be very difficult odds. These highly worsen within the decade. felt, the success of this amendment skilled, quality control experts will be Some companies address this issue by would be a devastating blow. I am de- left wondering what lies ahead for outsourcing work around the globe. In termined to do everything I can to see them and their families. Will they re- aerospace and defense, however, secu- that we can avoid it. I don’t want to tain their jobs? How many of their col- rity requirements dictate that most de- see America’s aerospace workers— leagues will be signing on to the unem- sign work on military systems must be among the finest workers in the ployment rolls? What other opportuni- done by U.S. citizens. Thus, the need world—remain under assault. ties exist for workers with such highly for U.S.-developed technical talent is Allow me to introduce two such refined but specialized skill sets? workers, Frank Lentini and Rocco particularly acute if we want to ensure If we end the F–22 before 2014, we will Marone. They are workers at the Pratt a world-class aerospace workforce all be wondering something as well: & Whitney plant in Middletown, CT, ready to lead in a global economy of When these gentlemen walk out the which manufactures the engine for the the 21st century. door, and take decades of experience On this chart, this is the F–22 produc- F–22. They are both engine test me- and skills with them, will we ever get tion, which ends in 2011, marked by chanics. them back again? this point here. This is the F–35 pro- In this picture, the two of them are duction, which begins in 2014. This gap preparing an F–22 engine for testing by I urge my colleagues to reject the represents hundreds of jobs at Pratt & attaching instrumentation used to col- amendment being offered by the chair- Whitney—as many as 2,000 in Con- lect data as the engine goes through a man and ranking member of the Armed necticut—and it represents tens of series of computerized tests. The high- Services Committee. I have tremen- thousands of jobs across the nation. ly advanced nature of this engine re- dous respect for both these individuals, You can take those numbers—and I quires countless hours of testing and but I think it is important not just on cannot speak for other places around retesting, inspection and reinspection, a parochial basis—I couldn’t stand here the Nation, but you end up with that to ensure that when it is shipped to the and ask my colleagues merely to vote kind of loss in an economy that our assembly plant, it operates flawlessly. for this program because of jobs in my people are already struggling with. These workers understand that a State. I also want them to understand That is not the only argument that I mistake on their part could cost the what happens to people. This isn’t just make, but we ought to keep people lives of our American forces. That is numbers we are talk about. There are working on a new defense system. The why it is so important that these gen- lives, skill sets, and there is a valuable most important issue is our national tlemen have years of experience to en- resource at risk when we cast our votes security. You ought to understand that sure that only the best quality engines on whether to continue this program even if you decide to ramp up F–35 pro- are put on these aircraft. and allow for that seamless transition duction after 2014, because F–22 produc- These are the same workers who will that will maintain the superiority and tion will prematurely end under this build the F–35 Joint Strike Fighter’s effectiveness necessary for our aircraft amendment, you will lose a workforce engine—but only if the F–22 production in the 21st century. that is critical, and it gets harder and is allowed to continue for the next 4 On the chart I showed you of these harder to reconstitute. years. nations around the world—others are In fact, the Defense Department rec- Frank, the one in the blue shirt, has not sitting idly by. They are devel- ognized this gap years ago. In the 2006 worked in the Middletown plant for 31 oping surface-to-air missiles and the

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.046 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7405 fifth generation of fighters to chal- I commend the Senator for his re- and he died on behalf of his country. lenge us. We find ourselves in a situa- marks. Miss Emily was saddened, obviously, tion where we might be taking a back- Mr. DODD. I thank the Senator. That by the tragedy, as was her husband seat at a time when I think we can number of 144, I suspect people won’t Sidney. least afford it. This is not inexpensive believe that number, but that is a real When Alex Crumbley, myself, and to do this. Senator CHAMBLISS provided number. Pilots don’t always nec- Pierre Howard went to be at the wake an offset in committee for the cost of essarily comment on these matters. I and to wait for the body to return and continuing this program until 2014. am told by those who have been inter- to try to soothe Miss Emily, she That is an important consideration. viewed, pilots who fly the F–22 use su- soothed us for the loss of our best I respect the members of the com- perlatives to describe that aircraft friend. Since that day, Miss Emily Cox mittee who wrestle with these issues. I they have never used about any other has traveled our State on behalf of vet- wished to share with my colleagues aircraft, including the ability to reach erans, on behalf of the U.S. Marine this information, and particularly the speed of Mach 1.5 in 90 seconds, the Corps, and on behalf of our country. what it means in a State such as mine stealthy quality, the maneuverability, She is a living legend in Georgia for that has an 80-year history of pro- and the agility exceeds anything else her sweetness, for her strength, for her ducing these terrific engines, and that exists anywhere else in the world. love of country, and for her sacrifice. workers such as the two individuals I There is a generation coming along While I will not be able to be in have introduced to you this evening, in nations with whom we have pretty Waynesboro, GA, on August 1 to cele- whose talents and abilities we will po- good relationships, but we can never brate her 96th birthday, from the floor tentially lose as a result of this deci- predict what is going to happen. We of the Senate, I send her my greetings sion. It is one of great importance to have seen what happened with the SU– and my thanks. She has been a rock for our country, to our national security, 27 and the MiG 29, where those are me, a rock for her community. and to the people who provide the won- widely disseminated worldwide now. Miss Emily, we love you, and happy derful skill sets that give us these re- They pose a parity with the aircraft we birthday. markable engines. have. We need to have that superior The PRESIDING OFFICER. The Sen- With that, I yield the floor. quality. ator from South Dakota. The PRESIDING OFFICER. The Sen- I thank my colleague. f ator from Georgia is recognized. I yield the floor. CAP-AND-TRADE LEGISLATION Mr. ISAKSON. Madam President, I The PRESIDING OFFICER (Mr. ask unanimous consent that I be recog- MERKLEY). The Senator from Michigan. Mr. THUNE. Mr. President, this week nized for up to 5 minutes and that Sen- Mr. LEVIN. Mr. President, I thank, we work on the Defense authorization ator THUNE be recognized immediately first of all, my friend from South Da- bill. As a member of the Armed Serv- thereafter. kota for yielding to me for just a mo- ices Committee, that is something in The PRESIDING OFFICER. Is there ment. He was to be next recognized. which I have a keen interest. Many of objection? This will take just a moment. the discussions you heard already and Without objection, it is so ordered. We have been attempting to work out we will hear throughout the course of Mr. ISAKSON. Madam President, I a unanimous consent agreement so we the week will deal fundamentally with rise to affirm everything the Senator could first vote tomorrow. That was our Nation’s national security inter- from Connecticut said. He made an ar- not convenient for a number of Sen- ests, making sure we continue to fund ticulate, detailed case for the F–22, in ators. We then tried to work out a our troops at the appropriate level; opposition to the amendment. I com- unanimous consent agreement for first making sure, in terms of pay and bene- mend him. thing on Wednesday morning to vote fits, recruiting and retaining the finest I wish to add three thoughts, three on the Levin-McCain amendment. We men and women in uniform in the good reasons, for the F–22 and not to have so far been unsuccessful in get- world, that they have the very best of adopt the amendment: No. 1, when the ting that agreement. We will continue technology to use when it comes to U.S. Air Force wrote the RFP for the to work tomorrow to see if we cannot doing their jobs. You already heard a weapon system of the 21st century to get such an agreement. In the mean- discussion about some of those various replace three existing, aging aircraft, time, that is where it stands. technologies, platforms—the F–22s and the F–22 met and exceeded every single Again, I thank my friend from South F–35s. I am very interested in the next part of the RFP. No. 2, for those who Dakota for yielding. generation of bombers and the impor- say the cost is some $2,000 an hour tance of having long-range strike capa- f more for maintenance, you have to bility so we are able to continue to quantify that. Look what you are buy- MORNING BUSINESS penetrate some of the more sophisti- ing. You are buying stealth technology Mr. LEVIN. Mr. President, I ask cated air defense systems that are that exists nowhere else in the world unanimous consent that the Senate being developed by our adversaries and and the ability to deliver munitions proceed to a period for the transaction potential adversaries around the world. and leave without ever having been of morning business, with Senators It is a great debate to have. It is one seen. Most recently, in Alaska, the F– permitted to speak for not more than we have annually. I look forward to en- 22, in a mock battle, destroyed 144 air- 10 minutes each. gaging in some of the discussions on craft before it lost its first one. The PRESIDING OFFICER. Without these very important and critical na- Lastly, and most importantly, while objection, it is so ordered. tional security issues. it may not be the plane exactly for Af- The Senator from Georgia. I wish to speak this evening to some ghanistan and Iraq today, what about f of the things going on on the domestic North Korea? What about Iran? What front. I always believe if we do not get about what happened to us in the Bal- TRIBUTE TO EMILY COX national security right, the rest is con- kans in the late 1990s, when President Mr. ISAKSON. Mr. President, I wish versation, which is why this Defense Clinton deployed our air strength to to pause for a second and tell every- authorization bill is so important. But put together what was a terrible situa- body in the Senate that on the 1st day when we do get past the Defense au- tion? We must be prepared for what- of August of this coming month, in thorization bill, I think we have a cou- ever will come in the 21st century. If Waynesboro, GA, there is going to be ple of big, epic battles that are going to there is anything we have learned, you birthday party for a 96-year-old lady, be waged in the Senate coming up per- cannot underestimate what may come. Emily Cox. She is not just another 96- haps this month; if not, I suggest cer- I commend the Senator for his articu- year-old lady. tainly in the fall. One deals with a bill late statement and affirm everything Emily Cox was the mother of Jack- that passed the House a little over a he said in support of not adopting the son Elliot Cox, my best friend in col- week ago now, the cap-and-trade legis- amendment and to continue to pur- lege. When he graduated from college, lation. The other deals with the issue chase the F–22 beyond the 187 currently he left to join the U.S. Marine Corps, of health care reform, which is one- being capped—or asked to be capped at. went through OCS, went to Vietnam, sixth of America’s economy. We are

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.047 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7406 CONGRESSIONAL RECORD — SENATE July 13, 2009 talking about an enormous amount of household per year in energy costs and through. I hope the Senate, if and when money that is spent in this country with the top quintile paying an average it comes to the floor—frankly, I hope it every single year on health care. of $1,380. doesn’t because I don’t think right now There is legislation that is moving What is interesting about that is that this is an issue that ought to be occu- through the House, and there are dis- study did not take into consideration pying the time of the Senate when we cussions in the Senate. The markup different regions of the country or dif- are trying to get the economy growing has been going on several days now in ferent demographic groups, different again. We are talking about with this the Health, Education, Labor, and Pen- sectors of the economy, different in- cap-and-trade legislation actually put- sions Committee in the Senate to re- come brackets. All of those are issues ting a new tax on the American econ- port out a health care reform bill that that have not been contemplated fully omy at a time when we ought to be try- at some point will come to the floor of to date and what some of these impacts ing to get small businesses invested the Senate and be debated. But these would make. again, reducing the overall tax and reg- are huge issues of consequence for the I suggest there are going to be sig- ulatory burden they face, and trying to American people. nificant regional disparities because create jobs and expand the economy, I think the American people need to there are going to be certain areas of rather than putting a new crushing be engaged. What struck me about the the country that are going to pay much mandate, top-down, heavy-handed bu- debate that was held in the House of more in additional power costs than reaucratic mandate, cap-and-trade pro- Representatives a couple of weeks other parts of the country. I think the gram on top of an economy that is al- ago—which, incidentally, the cap-and- transition is going to be particularly ready struggling and, as we saw last trade legislation passed in the House of difficult for those areas of the country week, unemployment rates now top- Representatives by a 219-to-212 margin. that are employed in industry, such as ping 9.5 percent, perhaps going higher It was hurried through. It was done coal, or living in areas that produce before it is all said and done. very quickly. It was a 1,200-some page coal or rely heavily on coal-fired power What is interesting to me is there bill. There was a 309-page amendment for their electricity generation, and does not seem to be any debate that that was offered on the floor. I submit the costs are going to be borne much this is going to raise energy costs. that very few, if any, Members of the more significantly by those areas of When people get into this argument, it House of Representatives had an oppor- the country. So the regional dif- is not a question of if, it is a question tunity to read the entire bill, let alone ferences are going to be especially dra- of how much. the amendment that was offered to it. matic when it comes to the electricity There are even some on the House It moved very quickly. And this has sector of the economy. I suggest places side—Representative JOHN DINGELL, for dramatic consequences for the Amer- such as my home area of South Dakota many years the chairman of the En- ican economy. and the upper Midwest are going to dis- ergy and Commerce Committee in the When you start talking about a cap- proportionately pay way more of this House of Representatives, said: and-trade bill that will impose essen- burden than are other parts of the Cap and trade is a tax and it’s a great big tially what is a tax on carbon that sup- country. one. posedly is directed at polluters but ul- A lot of this data, a lot of this infor- Representative CHARLIE RANGEL said: timately is going to be paid by con- mation has yet to make it out into the Whether you call it a tax, every one agrees sumers in this country, it is very clear hands of the American people. When that it is going to increase the cost to the that this is going to drive up the cost the American people find out what is consumer. of energy in this country, whether that actually happening here in Washington I could go on and on. Secretary is electricity, whether that is fuels, with this cap-and-trade proposal, they Geithner. The President himself, when whether that is natural gas, home get very exercised about it, as I think he talked about this particular idea, heating oil. All those things the Amer- most Members of Congress found out indicated that costs would necessarily ican people use every single day in during the Fourth of July holidays. skyrocket. So there is no question but their daily lives, they are going to see They went out and traveled across this is going to increase costs to the the costs go up. You can talk about their respective States. They heard, I American consumer. At a time when how much, and we have lots of varying suspect, what I did—that people are we can least afford it and at a time estimates about what it would cost. very upset about the notion that we when we are trying to get our economy The CBO recently came out with an es- are going to see energy costs go up sig- on a pathway of recovery, we ought to timate—and this was highly touted by nificantly and they are going to be be lessening the burden on Americans, proponents of the legislation—that it paying the bill. They have not, I don’t not increasing it. was only going to cost each household think, determined at this point that There is a better way. If we look at $175 a year. CBO also said that in the there is any benefit they are going to some of the alternatives that are out year 2020, the average cost on a per- derive from it. there, to me it makes more sense if you household basis would be considerably The argument is going to be made by can incentivize a certain type of in- higher than that; that it would be $890 proponents of the legislation that this vestment as opposed to trying to man- per household in 2020, with the top is going to be a good thing because we date some regulatory regime. That is a quintile paying an average of $1,380. are going to see significant reductions much better way of doing business. After some generous assumptions in CO2 emissions and therefore that is If we want to do something legisla- about the enormous government-run good for the global climate. Frankly, tively when it comes to lowering the wealth redistribution scheme that as we heard last week at the G–8 meet- cost of energy in this country, we would be conducted via auction and the ing, there are other countries around ought to focus on reducing emissions free allowances, the CBO came back to the world that do not have a real con- by lowering the cost of renewables, by this number of $175 per household on cern about doing anything quickly, and aggressively investing in research and average, with the middle quintile fac- they have no intention of following the supporting an increased role for types ing the highest net cost of $340. How- lead of the United States in that re- of power that have not been used in ever, the figure is only the budgetary gard. As a consequence, we are not this country. We are way underuti- cost per household, not a comprehen- going to see anywhere close to the re- lizing nuclear power. France gets 80 sive economic analysis, and moreover ductions that have been promised. So percent of its electricity from nuclear it examines only 1 year of the program, we have what is pretty clearly a mini- power. In the United States, we are a year that CBO optimistically as- mal environmental benefit as a result about 20 percent. We can do better than sumes is relatively low cost and after of a gargantuan cost increase—tax, if that. There is no reason the United the expensive transition years. As a re- you will—on the American economy in States cannot be a leader when it sult, CBO’s estimate really only cap- the form of higher energy costs. comes to clean green energy. One of tures some of the cost of cap and trade, I submit that the cap-and-trade legis- the things we need to do is build more as the report acknowledges. But even lation is going to have a profound im- nuclear plants. That is one of the items at that, the CBO average estimate pact on the economy, and it is some- on our agenda that we would like to gross cost by 2020 is $890 additional per thing that should not be hurried see as part of an energy bill.

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.044 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7407 I also think there are things we can the House of Representatives will pass months to fund many of these new ini- do in investing in non-carbon-emitting a bill, perhaps first, which will come tiatives. But those are both bad solu- types of technology. I come from a part over to the Senate. What is being de- tions. of the country where we have vast bated—at least at the committee level A $1 trillion tax or upwards of that, amounts of wind. Some people argue in the Senate—consists of what they depending on which estimate we look South Dakota is the Saudi Arabia of call a public plan option which, in ef- at, up to $2 trillion in additional cost wind. If we can figure out a way to har- fect, is a government plan. It is a—I for the plan that is being proposed by ness that wind energy, I think we are would characterize it—government Democrats in the House and the Sen- going to see an increase in economic takeover of the health care system in ate—we have to finance it somehow. It activity in the upper Midwest. South this country because when the govern- is going to be paid for. It is either Dakota would be a great place for that. ment goes into competition with the going to be paid for in the form of high- I hope we can see more investment in private sector, I think it will be very er taxes on the American economy or wind. We need to make sure we are pro- difficult for the private sector to com- borrowing from future generations, viding the necessary and appropriate pete. neither of which, in my view, is an op- incentives and policy incentives for in- There are many, obviously, already tion we ought to pursue. vestment in wind energy. competing plans out there. In fact, On the other hand, we ought to look Solar is something, obviously, where George Will noted there are 1,300 enti- at how we can make the current sys- we have a lot of room to grow. Con- ties offering health care plans in this tem—the 17 percent of our economy or servation, carbon storage, infusion—all country. Another one isn’t going to the $2.5 trillion we spend annually on kinds of technologies that are carbon- change that. But the larger problem we health care—more efficient and more free sources of energy. But I believe the have when the Federal Government effective. How can we emphasize way we get more of those is to gets into competition with private wellness? How can we emphasize pre- incentivize investments in those areas. business is that the Federal Govern- vention? How can we allow individuals It seems to me that would be a much ment becomes not a competitor but a and small businesses to join larger preferable outcome and, frankly, one in predator. I think the government plan groups to get the benefit of group pur- which we could get our global partners is not going to compete with the pri- chasing power and buying in volume? a lot more interested in and partici- vate market, but rather it will destroy How can we create competition by al- pating in. In fact, it has been sug- the private market. A lot of studies lowing people to buy across State gested—Bjorn Lomborg suggested bear that out. lines? How do we get the cost of defen- countries around the world devote a If you look at the independent esti- sive medicine down by reforming our portion of their GDP to these types of mates—and in fact the Lewin Group medical malpractice laws so the doc- non-carbon-emitting energy tech- studied this very carefully—they sug- tors aren’t in fear of being sued or in nologies in research and investing in gest that nearly 6 out of 10 Americans fear of liability, overutilizing and those so that the burdens are shared with private coverage, or about 118 mil- therefore practicing defensive medi- equally. I would suggest every country lion Americans, would lose their cur- cine, which has been suggested by the might do it a little differently. rent health care coverage and be forced Health and Human Services Depart- If I were going to put a plan together into a government-run health care ment in a study they did in 2003. like that for South Dakota, I would plan. In fact, John Shields of the Lewin If we put it in today’s dollars, it sug- make it very wind heavy. Other parts Group said: gests we could save about $180 billion a of the country might make it nuclear If we created this public plan which is year in health care costs by doing heavy. There are clean green renewable priced so much lower than private insurance, something about medical malpractice sources of energy available in this that will draw a lot of people in. Then you reform. country, but trying to impose a heavy will wake up one morning and say: Wow, So these are all things that we are tax that will be paid by the American there is only one payer. for. We have lots of ideas about how to consumer ultimately, to me, seems Essentially, what would happen, Mr. improve health care in this country or like a wrongheaded approach, espe- President, in my view, is we would see improve at least the delivery of health cially at a time when the economy is the private companies that are offering care and drive down the cost of health struggling. insurance, or small businesses that are care but do it in a way that doesn’t im- offering coverage to their employees f pede upon that important relationship who would say: I can’t compete with between a physician and a patient; in a HEALTH CARE REFORM the Federal Government. I am just way that prevents the government Mr. THUNE. I think that sort of going to have all my employees move from imposing itself into that situa- segues into the other big issue, the big over into the government-run program. tion and the government then making epic battles we are going to face in the So that essentially, by default, we a decision about which procedures are Congress, and that is what to do to re- would see this government takeover of going to be covered, how much is going form our health care system so that we our health care system, and the gov- to be paid for each procedure, and es- can make the cost more affordable for ernment plan would become the plan in sentially becoming the decider when it American families and consumers. I the country. Eventually, over time, I comes to health care in this country. don’t think anybody argues that we would argue, it would evolve into a sin- We think the decisions that are made don’t need to reform our health care gle-payer system. with respect to people’s health care system; that there aren’t things we can We are talking about one-sixth of the ought to be made by patients, by pro- do better, more efficiently, more cost American economy. Certainly there are viders, and not having the government effectively. shortcomings in our current way of dictating and getting in the way of I certainly would not for a minute doing things. When we spend 17 percent that basic fundamental relationship. suggest—as some have suggested about or one-sixth of our entire GDP on The CBO has said about the Kennedy- Republicans—that Republicans in the health care, the assumption is that we Dodd bill, which is the only one we Senate don’t want to do anything. We are not spending enough money on know of right now that is moving its all believe we need to do something. health care. It is probably that we are way through the committee process We all believe there is much that can not spending it wisely enough or not and that is currently being marked up, be done that will help improve cov- spending it smarter. We have lots of the government plan was not projected erage and lower costs for people in this ideas about how to spend smarter that to have premiums lower than those country. But it can be done in a way don’t involve putting another $1 tril- charged by private insurance plans. that doesn’t turn everything over—the lion or $2 trillion in tax burden on But how, then, is the government going keys of the health care system—to the Americans in order to pay for this new to offer any benefit? Federal Government. system or, perhaps even worse yet, bor- The government plan is going to be, Much of what we are seeing right rowing it from future generations, in my view, redundant to what is al- now in terms of the plans that are which is what we have been doing rou- ready out there unless it comes in and moving through the Congress is that tinely around here for the past several tries to undercut private insurance,

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.045 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7408 CONGRESSIONAL RECORD — SENATE July 13, 2009 which would put private insurance op- rice, wheat, and maize, that provide up The award of the Noble Peace Prize tions out of business and force, as I to 90 percent of the rural poor’s food to Dr. Yunus recognized that lasting said before, many small businesses of- intake. peace and prosperity cannot be fering coverage to push those employ- Yet these women often bear the achieved unless large numbers of the ees into the government-run program. brunt of economic, legal, and social in- world’s poor have the means to break So, Mr. President, these are both, equality. out of poverty. just as I said before, in terms of size, For example, because of the inequal- Earlier this year, Senator BENNETT scope, scale, and magnitude, enormous ity in inheritance laws or the lack of and I offered the Dr. Muhammad Yunus issues in terms of our domestic econ- enforcement of such laws, women are Gold Medal Act, S. 864, to honor Dr. omy, and we shouldn’t be hurrying often dispossessed of their property Yunus’s efforts. I thank my 59 col- these issues through. There is some when their husbands die. In fact, even leagues who have already agreed to co- suggestion that the health care bill, as though they overwhelmingly tend the sponsor S. 864 and urge the rest of my it comes over from the House, might be fields and produce the food that keep colleagues to do the same. returned to the floor of the Senate, put their families alive, women in the de- Today I also urge my colleagues to on the floor under rule XIV, and an at- veloping world own less than 15 percent support S. 1425, the Global Resources tempt made to get it passed before the of land and in many African countries and Opportunities for Women to August recess. That is not the way to less than 1 percent. Thrive, or GROWTH, Act of 2009. Sen- conduct the business of the Senate. Economic, legal, and social inequal- ator HUTCHISON and I offered the That is not the way to deal with one- ities have had a measureable impact on GROWTH Act on July 9 to expand on sixth of the American economy. It is the ability of women in the developing Dr. Yunus’s microcredit model and not the way, certainly, to deal with world to earn an adequate living and focus U.S. developmental assistance on something as complex as the American support their families. The statistics tackling many of the obstacles to eco- health care system. are sobering—women make up 60 per- nomic empowerment of women in the To allow the government takeover of cent of the world’s working poor, 70 developing world. that system, it seems to me, is some- percent of the hungry, and 67 percent The GROWTH Act would not only thing most Americans, if they were of the illiterate. empower women by giving them the fi- aware was happening, would not be for. Thus, improving the economic condi- nancial tools to start and grow their own businesses, it would create broader I think the survey numbers bear that tions of women is key to improving opportunities through educational, out. I think, as is true with cap and economic conditions in the developing legal, and community building pro- trade, the more the American people world. Even more importantly, improv- grams. are engaged in this debate, the more ing the economic conditions of women is key to the future of the children in The GROWTH Act is comprehensive they hear about it, the more objections legislation that, among other efforts, they are going to have to the govern- these countries. Study after study shows that women increases women’s ability to start and ment takeover of health care in this develop businesses through enhanced country. in developing countries are more likely to use their income for food, health microfinance, microenterprise loans, So these are both issues which need and related financial tools. It also sup- care and education for their children. to be done thoughtfully and carefully ports various efforts to enhance wom- As a result, greater economic opportu- and, frankly, they shouldn’t be rushed en’s land and property rights, and in- nities for women means that their ba- out of here. We shouldn’t be trying to creases women’s employment opportu- bies are more likely to survive infancy, pass health care out of the Senate be- nities and improves working conditions their children, especially their daugh- fore the August break. We shouldn’t be for women through education, skills ters, are more likely to attend school, talking about doing cap and trade—al- training, and advocacy programs. though I think that is now being and their families are more likely to The GROWTH Act is an important pushed back into the fall. eat nutritious meals. step forward in attacking the under- These both have huge impacts on One way to improve economic oppor- lying economic inequalities in the de- America’s economy and get at the tunity is to expand women’s access to veloping world that hold women back heart of the issue of how we are going microcredit programs. Microcredit is from their full potential. to retain and create new jobs and ex- an economically viable model of ex- I thank Senator HUTCHISON for again pand our economy. These are very con- tending very small loans, at competi- joining me in offering the GROWTH sequential issues and shouldn’t be tive interest rates, to the very poor. Act, as well as Senators COLLINS, rushed. So I hope the Senate will take These loans allow the recipients, who LANDRIEU, SHAHEEN, GILLIBRAND, SAND- its time. I hope it will allow for full de- are overwhelmingly women, to open or ERS, CASEY, WHITEHOUSE, and JOHNSON bate and that we will have an oppor- expand businesses and often allow for joining the effort as cosponsors. I tunity to put some of our ideas out them to lift their family out of pov- urge the rest of my colleagues to em- there, some of the alternatives we erty. power women in the developing world think, in fact, would improve health When you talk about microcredit, by supporting S. 1425. you must talk about Dr. Muhammad care in this country and make it more f Yunus. Dr. Yunus is the recognized de- affordable for more Americans. (At the request of Mr. REID, the fol- Mr. President, I yield the floor. veloper of the microcredit model. In lowing statement was ordered to be 1976, he launched what has become a f printed in the RECORD.) global movement to create economic GROWTH ACT OF 2009 and social development from below MATTHEW SHEPARD HATE CRIMES Mr. DURBIN. Mr. President, today I with a loan of just $27 from his own PREVENTION ACT come to the floor to urge my col- pockets to 42 crafts persons in a small ∑ Mr. KENNEDY. Mr. President, I urge leagues to join me in addressing chal- village in Bangladesh. Today, the my colleagues on both sides of the aisle lenges facing women in the developing Grameen Bank, which he founded to to join in supporting the Matthew world. Senator HUTCHISON and I intro- carry out his work, operates in more Shepard Hate Crimes Prevention Act. duced the GROWTH Act to focus U.S. than 84,000 villages and has provided We need to pass this bill without fur- developmental assistance and strength- more than $8 billion in low-interest ther delay. The House passed a hate en the role of women in developing loans to nearly 8 million people. crimes bill with a vote of 249 to 175 in countries. Over the past 30 years, his micro- April. President Obama has repeatedly Families, particularly in the devel- credit model has changed millions of stated that he supports swift enact- oping world, would not survive were it lives, directly and indirectly positively ment of hate crimes legislation. The not for the critical contributions of affecting the lives of as many as 155 Department of Justice has expressed a women. Rural women produce 50 per- million people. need to strengthen our Federal hate cent of the world’s total food, 60–80 per- In 2006, Dr. Yunus was awarded the crimes law. And, over 300 law enforce- cent of the food in the developing Nobel Peace prize for developing this ment, religious, civil rights, and com- world, and most of the staples, such as microcredit model. munity organizations have stated their

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.048 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7409 support for this act. We need to make crime violence. The article cites a grand juries. To ease the extraordinary certain that every American is pro- study by the Southern Poverty Law costs and complexity of such cases, the tected from hate crimes. No one should Center that shows the number of White bill authorizes $5 million in Justice De- be a victim of violence because of who extremist groups in the United States partment grants to State, local, and they are. has increased by nearly 50 percent tribal law enforcement officials who In fact, hate crimes are domestic ter- since 2000, and that White extremist have incurred extraordinary expenses rorism. Like all terrorist acts, they activity has sharply increased over the associated with investigating and pros- seek to bring fear to whole commu- past several months. ecuting hate crimes. nities through violence on a few. We Last November 5, following the elec- The legislation also authorizes the have committed ourselves to pro- tion of President Barack Obama, four Justice Department to make grants for tecting our country from terrorists men rampaged across Staten Island, as- State, local, and tribal programs that that strike from abroad, so we must saulting African Americans in response combat hate crimes committed by ju- make the same commitment to pro- to President Obama’s victory. The veniles, including programs to train tecting Americans from homegrown attackers beat a 17-year-old boy with a local law enforcement officers in iden- terrorism. pipe. They physically assaulted an- tifying, investigating, prosecuting, and Only weeks ago, a small distance other man to the ground, verbally har- preventing hate crimes. With hate from this Capitol, James von Brunn, a assed individuals suspected of voting crimes against Latinos on the rise, and formerly convicted criminal and a for President Obama, and slammed into hate crimes against LGBT individuals known anti-Semite, entered the DC a man with a car because they mistak- on the rise, and hate group activity on Holocaust Memorial Museum and enly believed he was African American. the rise, we must ensure that our State began firing a rifle. During the attack, None of these victims were known to and local law enforcement authorities von Brunn shot and killed security their attackers. None of these victims have all the tools and resources they guard Stephen Johns. As tragic as this could have prevented the attacks. The need to combat, investigate, and pros- incident was, the heroism of Stephen victims were terrorized because their ecute hate crimes. Johns, and the heroism of other mem- attackers wanted to send a violent I am proud to take this opportunity bers of the museum’s security team, message of hate to the African Amer- to recognize the work of the Boston prevented von Brunn from conducting ican community. Police Department as the only major a violent massacre of innocent men, Last July 12, in Shenandoah, PA, police department to incorporate hate women, and children. Von Brunn Luis Ramirez, a 25-year-old Mexican crimes training into its mandatory planned a hate crime, an act of domes- and father of two, was beaten by sev- training program. Unfortunately, tic terrorism. Our society recognizes eral drunken students from the local many police departments around the that such a crime cannot be tolerated. high school. Authorities said the teen- country do not have the resources nec- Attacks like these send shockwaves agers yelled ethnic slurs as they essary to provide such training. This through American communities and punched and kicked Mr. Ramirez, caus- bill specifically authorizes the Justice must be prosecuted as terrorizing ing him to lose consciousness and begin Department to allocate funds for train- crimes. to foam at the mouth. As a result of ing so that other police departments The original hate crime statute, en- the attack, Mr. Ramirez died 2 days may follow the example set by the Bos- acted in 1968, criminalized violent acts later. During the attack, one of the as- ton PD. based on a victim’s race, color, reli- sailants reportedly yelled, ‘‘tell your . Violent attacks based on race, color, gion, or national origin. Over the past . . Mexican friends to get . . . out of religion, national origin, gender, sexual 40 years, we have learned from experi- Shenandoah . . . .’’ According to Penn- orientation, gender identity, or dis- ence that hate crime perpetrators often sylvania Governor Rendell, ‘‘Luis Ra- ability deserve to be criminalized by target communities unprotected by the mirez was targeted, beaten, and killed Federal law. Our Nation must show original statute. This amendment because he was Mexican.’’ Yet after a that it will not permit these commu- strengthens that statute to protect vic- jury trial in State court, the killers nities to be terrorized—one victim at a tims targeted with violence because of were acquitted of the most serious time. their gender, their sexual orientation, charges and convicted of simple as- For the past 10 years, the Senate and their gender identity, or their dis- sault—yes, simple assault. the House of Representatives have each ability. As the result of this case, the Justice passed this legislation on multiple oc- In Boston on August 24, 2008, Jona- Department is currently investigating casions—only to face political setbacks than Howard and three friends were vi- civil rights violations with one hand that have prevented the measure from ciously attacked by four men while tied behind their back. Because the in- being enacted. Now, we must finish the walking home from a Boston nightclub. cident occurred while the victim was job and send this legislation to the The assault began when a Honda pulled walking by a park, and because walk- President for his signature. By doing up beside the victims. The four men in ing by a park may not be considered a so, Congress will be reflecting the will the vehicle began yelling obscenities ‘‘federally protected activity,’’ the Jus- of the American people. We will be and homophobic slurs at the group. tice Department is not able to fully in- sending a strong message that hate The perpetrators told Howard to die vestigate and prosecute this crime. crime violence will not be tolerated— and repeatedly kicked his head into the This legislation closes the flagrant and that every citizen deserves Federal pavement. After the event, Howard loophole that prevents prosecution of a protection against such crimes. stated that ‘‘the type of assault that hate crime when a victim is not en- Religious leaders across the country we encountered was completely ran- gaged in a federally protected activity. support the amendment. As my col- dom, unprovoked, and unforgivable.’’ It provides that hate crime perpetra- leagues know, the Golden Rule is rec- This type of attack was just as much a tors may be prosecuted, regardless of ognized as one of the deepest principles hate crime as the attack by James von where their victim was or what they in virtually every religious tradition. Brunn, and it needs to be recognized as were doing when he or she was at- It is the simple principle that we ought a Federal hate crime. tacked. to treat others as we ourselves would The victims did nothing to provoke In addition, this bill authorizes the like to be treated. In the book of Mat- their attack. They did not deserve to Justice Department to make grants to thew, chapter 7, Jesus says, ‘‘So what- be the subjects of violence. No member State, local, and tribal authorities to ever you wish that others would do to of the LGBT community should be ter- combat, investigate, and prosecute you, do also to them, for this is the rified to walk down the street for fear hate crimes more effectively. During Law and the Prophets.’’ This amend- of hateful violence. Hate crimes per- these times of economic crisis, State ment embodies the Golden Rule by ex- petrators must not be allowed to place and local authorities are cash-strapped tending protection to individuals in our communities in fear. to deal with costly hate crime inci- communities that are vulnerable to vi- On May 11, the Boston Globe reported dents. Investigations tend to be expen- olence fueled by hatred. that the historic election of President sive. They require considerable law en- Religious leader, Pastor Joel C. Barack Obama spurred a wave of hate forcement effort and extensive use of Hunter, has said, ‘‘I would think that

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It is the rights of conservative religious people prevention; school and child nutrition pro- kind of experience you get from trav- grams; local and healthy food initiatives; fu- to voice passionately their interpreta- tures, options and derivatives; pesticides; eling out to accident sites, talking tions of their scriptures and protects and general legislation. with inspectors, meeting with families, their fellow citizens from physical at- Sen. Brown, Chair; Sen. Leahy; Sen. Bau- and working hands-on to ensure that tack.’’ cus; Sen. Lincoln; Sen. Stabenow; Sen. we are taking steps to ensure that acci- Many religious groups have expressed Casey; Sen. Klobuchar; Sen. Bennet; Sen. dents are not repeated. their support for the bill, including the Gillibrand. In the time that I have worked with Episcopal Church, the Evangelical Lu- Sen. Lugar, Ranking; Sen. Cochran; Sen. Peter, he has regularly traveled across McConnell; Republican Designee. theran Church of America, the Inter- the country to participate in aviation, faith Alliance, the Presbyterian Subcommittee on Production, Income Pro- tection and Price Support: Production of ag- rail and ship inspections, and he has Church, the United Synagogue of Con- ricultural crops, commodities and products; voluntarily gone to many accident servative Judaism, the United Meth- farm and ranch income protection and as- sites. The expertise gained from these odist Church, and the Congress of Na- sistance; commodity price support programs; experiences has served this Congress tional Black Churches. insurance and risk protection; fresh water and our country well in some very crit- Over 10 years have passed since the food production. ical situations. Matthew Shepard Hate Crimes Preven- Sen. Casey Chair; Sen. Leahy; Sen. Conrad; In fact, I still remember clearly the tion Act was first introduced in the Sen. Baucus; Sen. Lincoln; Sen. Brown. Sen. Roberts, Ranking; Sen. Cochran; Sen. evening 2 years ago when we all Senate. Over 10 years have passed since watched in horror as the 1–35 bridge Matthew Shepard was robbed, pistol Johanns; Sen. Grassley; Sen. Thune. Subcommittee on Domestic and Foreign collapsed in Minneapolis. Immediately whipped, tortured, tied to a fence, and Marketing, Inspection, and Plant & Animal after that tragedy, I dispatched Peter left to die because he was gay. I com- Health: Agricultural trade; foreign market to accompany Senator KLOBUCHAR to mend Matthew’s mother, Judy development; domestic marketing and prod- the scene, because I knew that he could Shepard, for her years of inspiring ad- uct promotion; marketing orders and regula- help her identify the core issues and vocacy that have brought us to this tion of agricultural markets and animal wel- how the Federal Government could moment. Now is the time for the Sen- fare; inspection and certification of plants, help. ate to vote and show that we will not animals and products; plant and animal dis- Now I know that as FTA Adminis- allow domestic terrorism to tear apart eases and health protection. trator, Peter will face a set of wide- the fabric of our Nation and take the Sen. Gillibrand, Chair; Sen. Conrad; Sen. Baucus; Sen. Nelson; Sen. Klobuchar. ranging challenges. But I also know lives of innocent Americans. I urge my Sen. Johanns, Ranking; Sen. Lugar; Sen. that he has the transit know-how to colleagues in the Senate to follow their McConnell; Sen. Roberts. hit the ground running. Peter will hearts and minds and vote in favor of f bring over two decades of working this legislation.∑ COMMENDING PETER ROGOFF knowledge on financing, building, and f safeguarding our country’s transit sys- COMMITTEE ON AGRICULTURE, Mrs. MURRAY. Mr. President, I tems. NUTRITION, AND FORESTRY SUB- would like to take a moment to recog- I thank Peter for the guidance, en- COMMITTEES nize a very special member of my staff thusiasm, and expertise he has shown who has recently been confirmed by Mr. HARKIN. Mr. President, the in the years he has led my efforts on the Senate to take on a critical role in addressing our country’s transpor- Committee on Agriculture, Nutrition, the Obama administration. and Forestry has adopted subcommit- tation, housing and urban development Peter Rogoff has served on the Ap- needs. I also wish him luck as he takes tees for the 111th Congress. On behalf propriations Committee staff for the of myself and Senator CHAMBLISS, I ask on this tremendous responsibility and last 22 years and he has been the com- opportunity. unanimous consent that a copy of the mittee’s senior transportation adviser subcommittees be printed in the While his departure represents a big for the majority of those years. For the loss for our Appropriations Committee RECORD. past 9 years, as I have served as either There being no objection, the mate- and my appropriations subcommittee, I chairman or ranking member of the respect and commend President rial was ordered to be printed in the Transportation Appropriations Sub- RECORD, as follows: Obama’s decision to put Peter’s exper- committee, I have had the opportunity tise to work on addressing our coun- UNITED STATES SENATE COMMITTEE ON AGRI- to work closely with Peter. CULTURE, NUTRITION & FORESTRY SUB- try’s transit future. Peter has been a trusted adviser to COMMITTEE ASSIGNMENTS—111TH CONGRESS me and a dedicated public servant to f Subcommittee on Rural Revitalization, Conservation, Forestry and Credit: Rural the constituents of both my home State of Washington and the constitu- COMMENDING CAPTAIN B. HARL economic revitalization and quality of life; ROMINE JR. rural job and business growth; rural elec- ents of every member of the sub- trification, telecommunications and utili- committee. I know that Peter’s drive, Mrs. HUTCHISON. Mr. President, on ties; conservation, protection and steward- knowledge, and experience will be an behalf of myself and Senators SNOWE, ship of natural resources; state, local and outstanding asset to President Obama ENSIGN, DEMINT, THUNE, WICKER, private forests and general forestry; agricul- and Transportation Secretary ISAKSON, VITTER, BROWNBACK, MAR- tural and rural credit. Sen. Lincoln, Chair; Sen. Leahy; Sen. LaHood’s team. TINEZ, and JOHANNS, we would like to Stabenow; Sen. Nelson; Sen. Casey; Sen. Peter and I have worked together thank Captain Harl Romine for his Bennet. through many challenges over the service to the Nation and the U.S. Republican Designee, Ranking; Sen. Coch- years, none greater than the events of Coast Guard. ran; Sen. McConnell; Sen. Grassley; Sen. September 11 and the transportation Captain Romine has a long and dis- Thune. security issues that we were confronted tinguished career with the Coast Subcommittee on Energy, Science and Technology: Renewable energy production with after. Peter’s efforts weren’t just Guard. From his enrollment in the U.S. and energy efficiency improvement on farms limited to aviation security but also Coast Guard Academy though his re- and ranches and in rural communities; food included initiatives to strengthen secu- tirement later this month, Captain and agricultural research, education, eco- rity in passenger rail, transit systems, Romine has spent the better part of the nomics and extension; innovation in the use our ports and all the systems that con- last three decades serving his country- of agricultural commodities and materials. nect them. During those difficult men and protecting our Nation in the Sen. Stabenow, Chair; Sen. Conrad; Sen. times, Peter’s understanding of our U.S. Coast Guard. During his service in Nelson; Sen. Brown; Sen. Klobuchar; Sen. transportation safety systems was the Coast Guard Captain Romine has Bennet; Sen. Gillibrand. Sen. Thune, Ranking; Sen. Lugar; Sen. fully evident. exhibited the best characteristics of a Roberts; Sen. Johanns; Sen. Grassley; Re- It is a knowledge that comes with ex- Coast Guard officer: a deep dedication publican Designee. perience. And not just the kind of expe- to duty, unsurpassed professionalism,

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.028 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7411 superior technical and operational ex- coordinated or supervised over 800 Major General Gilbert led an honor- pertise, and compassion as a pilot, search and rescue cases resulting in able and extensive career which began leader, mentor, and friend. over 600 lives saved. When Americans upon his enlistment in the Army Air Captain Romine has a distinguished watch with pride as an orange heli- Corps in 1943 while he was a student at career that is worthy of recognition by copter plucks shipwrecked mariners Drake University. After his pilot train- this Senate. Harl Romine—the son of a from an icy sea or pulls stranded men ing, he courageously took two combat career Coast Guard officer—attended and women off of roof tops in a flooded tours in Europe during World War II. high school in Chantilly, VA, and grad- city, they should all know that it is He flew 50 missions in B–17s and Mos- uated from the U.S. Coast Guard Acad- men and women like Harl Romine who quitoes and upon his accomplishment emy in 1985 with a bachelor of science are piloting the aircraft risking their he was awarded with the Distinguished degree in government. Immediately lives to save someone else’s. Flying Cross, the Air Medal with five following graduation he joined the Captain Romine’s service has not clusters and five battle stars. fleet and served as a deck watch offi- gone unrecognized by his commanders. In 1946, he joined the Air National cer, law enforcement boarding officer, For his distinguished and heroic serv- Guard and flew another 50 combat mis- and weapons officer aboard the U.S. ice, he has been awarded the Meri- sions in B–26 bombers during the Ko- Coast Guard Cutter CHEROKEE. Upon torious Service Medal, the Air Medal, rean war. He then became squadron completing his tour on the CHER- four Coast Guard Commendation Med- and later on wing commander of the OKEE, Captain Romine attended Navy als and three Coast Guard Achievement Air Guard units and accumulated 7,200 Flight School to begin his career as a Medals. hours of pilot time, 4,000 of which were Coast Guard aviator a role in which he Finally, for the last 3 years, Captain served as a jet pilot. Major General Gil- would truly distinguish himself. Upon Romine has distinguished himself bert amassed a large amount of medals receiving his ‘‘wings of gold’’ at flight while serving as a Coast Guard fellow throughout his service career, includ- school in Pensacola, Captain Romine on the Senate Commerce Committee’s ing the Legion of Merit with one oak began a career of service that would Oceans, Atmosphere, Fisheries and leaf cluster and another 38 awards. take him from the warm waters of the Coast Guard Subcommittee. With the Major General Gilbert retired from Gulf of Mexico to frigid seas of the Gulf same technical expertise and devotion his career of 42 years of service in the of Alaska. to duty demonstrated throughout his Air Force and Air Guard. He previously His first aviation assignment was to career as an aviator, Captain Romine was the adjutant general of the Iowa the Coast Guard’s largest and busiest earned the respect of all who have National Guard, as well as the former air station—Air Station Clearwater, worked with him and has been an in- commander of the 132nd Fighter Wing FL, where he served as a duty standing valuable member of the Commerce of the Iowa National Guard, which was pilot in the HH–3F ‘‘Pelican’’ heli- Committee staff and will be sorely given three national recognitions as copter performing a wide range of mis- missed. being an outstanding unit of the Air sions in the Atlantic and Caribbean re- On July 17, Captain Romine will be Force. After retirement, he spent his gions, including Search and Rescue and retiring from the Coast Guard and will time hunting, skeet shooting, and tak- drug enforcement operations. be bringing his impressive and distin- ing his golden retriever, Major, out to In 1991 he was assigned to Air Station guished career in the Coast Guard to the field. Kodiak where he continued to fly the an end. We would be remiss if we did The career of Major General Gilbert HH–3F and then transitioned to the not thank his family for ‘‘loaning’’ was a distinguished one and his 42-year HH–60J ‘‘Jayhawk.’’ Four years later, Harl to the Coast Guard for so many commitment to serving the people of he was transferred to Coast Guard years. Life in the Coast Guard places the United States and the State of Group Astoria, OR, where he served as great stress on families as well as serv- Iowa is worthy of much admiration and the administration officer, supervising icemen. We want to thank Harl’s wife honor. I am grateful for his service and the administrative and personnel sup- Laura, and his sons Hank, Carson, and pay tribute to his patriotism.∑ port for over 300 Coast Guard per- Sonny for all the sacrifices they have f sonnel. made. In 1998, Captain Romine was assigned REMEMBERING JACK Throughout his service to our Na- EBERSPACHER as the HH–60J standardization branch tion, whether standing the watch, chief at the Coast Guard’s Aviation teaching the next generation of pilots ∑ Mr. JOHANNS. Mr. President, today Training Center in Mobile, AL. The who now stand the watch, or com- I wish to pay tribute to a leader in young pilots trained under the tutelage manding those who protected our Na- American agriculture. of Captain Romine were a large part of tion’s mariners, Captain Romine has Jack Eberspacher, president and the impressive Coast Guard Team that upheld the highest traditions of the chief executive officer of the Agricul- performed so heroically in the after- Coast Guard. We would like to take tural Retailers Association, passed math of Hurricanes Katrina and Rita. this opportunity to personally com- away on July 5, 2009, in Reston, VA. He In 2001, Captain Romine qualified in mend Captain Romine for his service to had been courageously fighting cancer the HC–130H ‘‘Hercules’’ and returned our Nation, the Coast Guard and the since April. to Kodiak, AK, where he served as the Senate and thank him for all he has Jack was a dynamic leader and was operations officer for Coast Guard Air done in service to his country. admired throughout the industry as a Station Kodiak. During this tour he strong and effective advocate for agri- f maintained a qualification in both the culture. HH–60J ‘‘Jayhawk’’ and the HC–130 ADDITIONAL STATEMENTS Jack was born in Seward, NE, in 1954. ‘‘Hercules’’ airframes and has the He earned an animal science degree at unique distinction of standing duty in the University of Nebraska and com- both airframes during the same week REMEMBERING MAJOR GENERAL pleted coursework toward a master’s and successfully executing a search and ROGER W. GILBERT degree in business administration at rescue case in both airframes during ∑ Mr. GRASSLEY. Mr. President, Texas Tech University. that week. today I wish to honor the life of Major After several years working in var- In 2004, Captain Romine received the General Roger W. Gilbert who passed ious agribusiness positions throughout ultimate honor and demonstration of away on June 13, 2009 in Lenexa, KS. I the United States, Jack was named the the Coast Guard’s trust in his abilities, would like to express my condolences chief executive officer of the National when he received orders to serve as the to Major General Gilbert’s family, in Grain Sorghum Producers Association commanding officer of Coast Guard Air particular his wife of 58 years, Ruthie, in 1989. His colleagues there remember Station Sitka, AK. his two daughters Carol and Marilee, him as a creative man who loved push- At the heart of his career of distin- his three granddaughters Brooke, ing the envelope and emphasizing new guished service is commitment to res- Britni, and Allison, and his sister Bev- ideas. He focused the Association’s ef- cuing those in distress. Over his career erly. They are in my thoughts and forts on the needs of the producers and Captain Romine has personally flown, prayers. bringing stakeholders together.

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.027 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7412 CONGRESSIONAL RECORD — SENATE July 13, 2009 In 1998, Jack accepted a new chal- H.R. 3081. An act making appropriations activities caused by any certain dis- lenge as the chief executive officer of for the Department of State, foreign oper- eases is the result of the performance the National Association of Wheat ations, and related programs for the fiscal of such employee’s duty. Growers in Washington, DC. With his year ending September 30, 2010, and for other purposes. S. 662 leadership, the association achieved a H.R. 3082. An act making appropriations At the request of Mr. CONRAD, the positive financial turnaround. for military construction , the Department name of the Senator from Alaska (Mr. In 2001, Jack was appointed president of Veterans Affairs, and related agencies for BEGICH) was added as a cosponsor of S. and chief executive officer of the Agri- the fiscal year ending September 30, 2010, and 662, a bill to amend title XVIII of the cultural Retailers Association, where for other purposes. Social Security Act to provide for re- he served until his death. He worked f imbursement of certified midwife serv- tirelessly to build the association into INTRODUCTION OF BILLS AND ices and to provide for more equitable a strong voice for agricultural retailers JOINT RESOLUTIONS reimbursement rates for certified and distributors in the Nation’s Cap- nurse-midwife services. The following bills and joint resolu- ital. S. 696 tions were introduced, read the first Jack was an active member of the At the request of Mr. CARDIN, the and second times by unanimous con- Bennett Roundtable of the Farm Foun- name of the Senator from California sent, and referred as indicated: dation of Chicago, Illinois, and recipi- (Mrs. FEINSTEIN) was added as a co- ent of the Alpha Gamma Rho Frater- By Mr. KERRY: sponsor of S. 696, a bill to amend the nity Brother of the Century Award. He S. 1444. A bill to amend title 38, United Federal Water Pollution Control Act to States Code, to clarify the meaning of ‘‘com- also served as a member of the Bush- include a definition of fill material. Cheney Agricultural Transition Team. bat with the enemy’’ for purposes of service- S. 714 Jack is survived by his wife Jinger connection of disabilities; to the Committee on Veterans’ Affairs. At the request of Mr. WEBB, the name and their two children Sam and By Mr. KERRY (for himself and Mr. of the Senator from Michigan (Mr. Maggie; his parents Max and Lois LUGAR) (by request): LEVIN) was added as a cosponsor of S. Eberspacher; his sister and brother, as S.J. Res. 18. A joint resolution relating to 714, a bill to establish the National well as nieces, nephews, relatives and the approval of the proposed agreement for Criminal Justice Commission. friends. nuclear cooperation between the United I am personally thankful for his con- States and the United Arab Emirates; to the S. 718 tributions and service to American ag- Committee on Foreign Relations for not to At the request of Mr. HARKIN, the riculture. His legacy will be remem- exceed 45 days pursuant to 42 U.S.C. 2159. name of the Senator from New Mexico bered, and he will truly be missed by f (Mr. BINGAMAN) was added as a cosponsor of S. 718, a bill to amend the Legal many. My prayers are with his family ADDITIONAL COSPONSORS during this difficult time.∑ Services Corporation Act to meet spe- S. 229 cial needs of eligible clients, provide f At the request of Mrs. BOXER, the for technology grants, improve cor- MESSAGES FROM THE PRESIDENT name of the Senator from South Da- porate practices of the Legal Services kota (Mr. JOHNSON) was added as a co- Messages from the President of the Corporation, and for other purposes. sponsor of S. 229, a bill to empower United States were communicated to S. 730 women in Afghanistan, and for other the Senate by Mrs. Neiman, one of his At the request of Mr. ENSIGN, the purposes. secretaries. names of the Senator from Louisiana S. 266 (Mr. VITTER) and the Senator from f At the request of Mr. NELSON of Flor- Louisiana (Ms. LANDRIEU) were added EXECUTIVE MESSAGES REFERRED ida, the name of the Senator from as cosponsors of S. 730, a bill to amend As in executive session the Presiding Washington (Ms. CANTWELL) was added the Harmonized Tariff Schedule of the Officer laid before the Senate messages as a cosponsor of S. 266, a bill to amend United States to modify the tariffs on from the President of the United title XVIII of the Social Security Act certain footwear, and for other pur- States submitting sundry nominations to reduce the coverage gap in prescrip- poses. which were referred to the appropriate tion drug coverage under part D of S. 755 committees. such title based on savings to the Medi- At the request of Mrs. BOXER, the (The nominations received today are care program resulting from the nego- name of the Senator from California printed at the end of the Senate pro- tiation of prescription drug prices. (Mrs. FEINSTEIN) was added as a co- ceedings.) S. 428 sponsor of S. 755, a bill to amend the At the request of Mr. DORGAN, the f Public Health Service Act to authorize name of the Senator from Illinois (Mr. the Director of the National Cancer In- MESSAGE FROM THE HOUSE BURRIS) was added as a cosponsor of S. stitute to make grants for the dis- At 1:08 p.m., a message from the 428, a bill to allow travel between the covery and validation of biomarkers House of Representatives, delivered by United States and Cuba. for use in risk stratification for, and Mrs. Cole, one of its reading clerks, an- S. 571 the early detection and screening of, nounced that the House has passed the At the request of Mr. MENENDEZ, the ovarian cancer. following bills, in which it requests the name of the Senator from Connecticut S. 777 concurrence of the Senate: (Mr. LIEBERMAN) was added as a co- At the request of Mr. BROWN, the H.R. 3081. An act making appropriations sponsor of S. 571, a bill to strengthen name of the Senator from Illinois (Mr. for the Department of State, foreign oper- the Nation’s research efforts to iden- DURBIN) was added as a cosponsor of S. ations, and related programs for the fiscal tify the causes and cure of psoriasis 777, a bill to promote industry growth year ending September 30, 2010, and for other and psoriatic arthritis, expand psori- and competitiveness and to improve purposes. asis and psoriatic arthritis data collec- worker training, retention, and ad- H.R. 3082. An act making appropriations tion, and study access to and quality of vancement, and for other purposes. for military construction, the Department of Veterans Affairs, and related agencies for care for people with psoriasis and pso- S. 779 the fiscal year ending September 30, 2010, and riatic arthritis, and for other purposes. At the request of Mr. LAUTENBERG, for other purposes. S. 599 the name of the Senator from Cali- f At the request of Mr. CARPER, the fornia (Mrs. FEINSTEIN) was added as a name of the Senator from Ohio (Mr. cosponsor of S. 779, a bill to amend ti- MEASURES PLACED ON THE BROWN) was added as a cosponsor of S. tles 23 and 49, United States Code, to CALENDAR 599, a bill to amend chapter 81 of title modify provisions relating to the The following bills were read the first 5, United States Code, to create a pre- length and weight limitations for vehi- and second times by unanimous con- sumption that a disability or death of cles operating on Federal-aid high- sent, and placed on the calendar: a Federal employee in fire protection ways, and for other purposes.

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.004 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7413 S. 832 S. 1065 (Mr. JOHANNS) was added as a cospon- At the request of Mr. NELSON of Flor- At the request of Mr. BROWNBACK, the sor of S. 1301, a bill to direct the Attor- ida, the names of the Senator from name of the Senator from Indiana (Mr. ney General to make an annual grant Massachusetts (Mr. KERRY), the Sen- BAYH) was added as a cosponsor of S. to the A Child Is Missing Alert and Re- ator from West Virginia (Mr. BYRD) 1065, a bill to authorize State and local covery Center to assist law enforce- and the Senator from Arkansas (Mr. governments to direct divestiture ment agencies in the rapid recovery of PRYOR) were added as cosponsors of S. from, and prevent investment in, com- missing children, and for other pur- 832, a bill to amend title 36, United panies with investments of $20,000,000 poses. States Code, to grant a Federal charter or more in Iran’s energy sector, and for S. 1304 to the Military Officers Association of other purposes. At the request of Mr. GRASSLEY, the America, and for other purposes. S. 1066 names of the Senator from Louisiana S. 846 At the request of Mr. SCHUMER, the (Ms. LANDRIEU) and the Senator from At the request of Mr. DURBIN, the name of the Senator from Arkansas Wisconsin (Mr. KOHL) were added as co- name of the Senator from Virginia (Mr. (Mr. PRYOR) was added as a cosponsor sponsors of S. 1304, a bill to restore the WEBB) was added as a cosponsor of S. of S. 1066, a bill to amend title XVIII of economic rights of automobile dealers, 846, a bill to award a congressional gold the Social Security Act to preserve ac- and for other purposes. medal to Dr. Muhammad Yunus, in rec- cess to ambulance services under the S. 1337 ognition of his contributions to the Medicare program. At the request of Mr. AKAKA, the fight against global poverty. S. 1067 names of the Senator from Illinois (Mr. S. 850 At the request of Mr. FEINGOLD, the BURRIS) and the Senator from Alaska At the request of Mr. KERRY, the names of the Senator from Oregon (Mr. (Mr. BEGICH) were added as cosponsors name of the Senator from Washington MERKLEY) and the Senator from Utah of S. 1337, a bill to exempt children of (Ms. CANTWELL) was added as a cospon- (Mr. BENNETT) were added as cospon- certain Filipino World War II veterans sor of S. 850, a bill to amend the High sors of S. 1067, a bill to support sta- from the numerical limitations on im- Seas Driftnet Fishing Moratorium Pro- bilization and lasting peace in northern migrant visas. tection Act and the Magnuson-Stevens Uganda and areas affected by the S. 1374 Fishery Conservation and Management Lord’s Resistance Army through devel- At the request of Mr. BROWN, the Act to improve the conservation of opment of a regional strategy to sup- name of the Senator from Michigan sharks. port multilateral efforts to success- (Ms. STABENOW) was added as a cospon- fully protect civilians and eliminate S. 883 sor of S. 1374, a bill to amend the Work- the threat posed by the Lord’s Resist- er Adjustment and Retraining Notifica- At the request of Mr. KERRY, the ance Army and to authorize funds for name of the Senator from Arkansas tion Act to minimize the adverse ef- humanitarian relief and reconstruc- fects of employment dislocation, and (Mr. PRYOR) was added as a cosponsor tion, reconciliation, and transitional for other purposes. of S. 883, a bill to require the Secretary justice, and for other purposes. of the Treasury to mint coins in rec- S. 1375 S. 1158 ognition and celebration of the estab- At the request of Mr. ROBERTS, the At the request of Ms. STABENOW, the name of the Senator from Minnesota lishment of the Medal of Honor in 1861, name of the Senator from Washington America’s highest award for valor in (Ms. KLOBUCHAR) was added as a co- (Mrs. MURRAY) was added as a cospon- sponsor of S. 1375, a bill to amend the action against an enemy force which sor of S. 1158, a bill to authorize the Agricultural Credit Act of 1987 to reau- can be bestowed upon an individual Secretary of Health and Human Serv- thorize State mediation programs. serving in the Armed Services of the ices to conduct activities to rapidly ad- United States, to honor the American S. 1415 vance treatments for spinal muscular At the request of Mr. SCHUMER, the military men and women who have atrophy, neuromuscular disease, and been recipients of the Medal of Honor, names of the Senator from Illinois (Mr. other pediatric diseases, and for other BURRIS) and the Senator from Lou- and to promote awareness of what the purposes. isiana (Mr. VITTER) were added as co- Medal of Honor represents and how or- S. 1163 sponsors of S. 1415, a bill to amend the dinary Americans, through courage, At the request of Mr. SCHUMER, the Uniformed and Overseas Citizens Ab- sacrifice, selfless service and patriot- name of the Senator from Alaska (Mr. sentee Voting Act to ensure that ab- ism, can challenge fate and change the BEGICH) was added as a cosponsor of S. sent uniformed services voters and course of history. 1163, a bill to add 1 member with avia- overseas voters are aware of their vot- S. 908 tion safety expertise to the Federal ing rights and have a genuine oppor- At the request of Mr. BAYH, the name Aviation Administration Management tunity to register to vote and have of the Senator from Ohio (Mr. Advisory Council. their absentee ballots cast and count- VOINOVICH) was added as a cosponsor of S. 1217 ed, and for other purposes. S. 908, a bill to amend the Iran Sanc- At the request of Ms. STABENOW, the S.J. RES. 17 tions Act of 1996 to enhance United name of the Senator from Oregon (Mr. At the request of Mr. MCCONNELL, States diplomatic efforts with respect WYDEN) was added as a cosponsor of S. the name of the Senator from Mis- to Iran by expanding economic sanc- 1217, a bill to amend title XIX of the sissippi (Mr. WICKER) was added as a tions against Iran. Social Security Act to improve and cosponsor of S.J. Res. 17, a joint resolu- S. 951 protect rehabilitative services and case tion approving the renewal of import At the request of Mr. NELSON of Flor- management services provided under restrictions contained in the Burmese ida, the name of the Senator from Ohio Medicaid to improve the health and Freedom and Democracy Act of 2003, (Mr. VOINOVICH) was added as a cospon- welfare of the nation’s most vulnerable and for other purposes. sor of S. 951, a bill to authorize the seniors and children. At the request of Mrs. FEINSTEIN, the President, in conjunction with the 40th S. 1283 names of the Senator from Colorado anniversary of the historic and first At the request of Mr. SCHUMER, the (Mr. BENNET), the Senator from South lunar landing by humans in 1969, to name of the Senator from Alaska (Mr. Dakota (Mr. JOHNSON) and the Senator award gold medals on behalf of the BEGICH) was added as a cosponsor of S. from Oregon (Mr. MERKLEY) were added United States Congress to Neil A. Arm- 1283, a bill to require persons that oper- as cosponsors of S.J. Res. 17, supra. strong, the first human to walk on the ate Internet websites that sell airline S. RES. 200 moon; Edwin E. ‘‘Buzz’’ Aldrin Jr., the tickets to disclose to the purchaser of At the request of Mr. UDALL of Colo- pilot of the lunar module and second each ticket the air carrier that oper- rado, the name of the Senator from person to walk on the moon; Michael ates each segment of the flight, and for Virginia (Mr. WARNER) was added as a Collins, the pilot of their Apollo 11 mis- other purposes. cosponsor of S. Res. 200, a resolution sion’s command module; and, the first S. 1301 designating September 12, 2009, as ‘‘Na- American to orbit the Earth, John Her- At the request of Mr. MENENDEZ, the tional Childhood Cancer Awareness schel Glenn Jr. name of the Senator from Nebraska Day’’.

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The men and ment intended to be proposed by him to the week beginning on November 9, 2009, as women who have served honorably in bill S. 1390, supra; which was ordered to lie National School Psychology Week. our Nation’s military who need our on the table. f help cannot return to a bureaucratic SA 1480. Mr. REID submitted an amend- maze. ment intended to be proposed by him to the STATEMENTS ON INTRODUCED I ask all my colleagues to support bill S. 1390, supra; which was ordered to lie BILLS AND JOINT RESOLUTIONS on the table. this legislation. SA 1481. Mr. REID submitted an amend- By Mr. KERRY: ment intended to be proposed by him to the S. 1444. A bill to amend title 38, By Mr. KERRY (for himself and bill S. 1390, supra; which was ordered to lie United States Code, to clarify the Mr. LUGAR) (by request): on the table. meaning of ‘‘combat with the enemy’’ S.J. Res. 18. A joint resolution relat- SA 1482. Mr. BURRIS submitted an amend- for purposes of service-connection of ing to the approval of the proposed ment intended to be proposed by him to the disabilities; to the Committee on Vet- agreement for nuclear cooperation be- bill S. 1390, supra; which was ordered to lie erans’ Affairs. tween the United States and the on the table. Mr. KERRY. Mr. President, in order United Arab Emirates; to the Com- SA 1483. Mr. BURRIS submitted an amendment intended to be proposed by him to the to reduce a 400,000 case backlog in dis- mittee on Foreign Relations for not to bill S. 1390, supra; which was ordered to lie ability claims, I am introducing legis- exceed 45 days pursuant to 42 U.S.C. on the table. lation to make it easier for our vet- 2159. SA 1484. Mr. GREGG submitted an amend- erans to enroll in Department of Vet- Mr. KERRY. Mr. President, today ment intended to be proposed by him to the eran Affairs’, VA, disability programs. Senator LUGAR and I introduce, by re- bill S. 1390, supra; which was ordered to lie Specifically, the Compensation Owed quest, a joint resolution of approval of on the table. SA 1485. Mr. LEAHY (for himself, Mr. for Mental Health Based on Activities the proposed agreement for peaceful BINGAMAN, and Mr. KENNEDY) submitted an in Theater Post-Traumatic Stress Dis- nuclear cooperation between the amendment intended to be proposed by him order Act or COMBAT PTSD Act will United States and the United Arab to the bill S. 1390, supra; which was ordered change the definition of ‘‘combat with Emirates, which the President trans- to lie on the table. the enemy’’ so veterans can more eas- mitted to Congress on May 21, 2009, SA 1486. Mr. SCHUMER submitted an ily be enrolled in PTSD programs. pursuant to section 123b. and 123d. of amendment intended to be proposed by him It has become apparent that the na- the Atomic Energy Act of 1954, as to the bill S. 1390, supra; which was ordered amended. Pursuant to Section 130i.(2) to lie on the table. ture of modern warfare is vastly dif- SA 1487. Mrs. LINCOLN (for herself, Mr. ferent than it was in previous genera- of that Act, the majority and minority CORNYN, Ms. LANDRIEU, Mr. RISCH, Mr. tions. In the past veterans were con- leaders have designated Senator LUGAR ROCKEFELLER, Mr. WYDEN, Mrs. HAGAN, and fronted with an identifiable enemy, on and me to introduce this joint resolu- Ms. MURKOWSKI) submitted an amendment a battlefield that was much more eas- tion. intended to be proposed by her to the bill S. ily discernible. This is no longer the f 1390, supra; which was ordered to lie on the case forcing our military to adapt to table. AMENDMENTS SUBMITTED AND the changes of the battlefield. They SA 1488. Mr. ENSIGN submitted an amend- PROPOSED ment intended to be proposed by him to the have done so admirably—their ability bill S. 1390, supra; which was ordered to lie SA 1469. Mr. LEVIN (for himself and Mr. to shift from a force designed to deliver on the table. quick decisive blows to a full spectrum MCCAIN) proposed an amendment to the bill SA 1489. Mr. BROWNBACK (for himself and S. 1390, to authorize appropriations for fiscal force has been extremely impressive. Mr. INHOFE) submitted an amendment in- year 2010 for military activities of the De- tended to be proposed by him to the bill S. Every American can agree that the partment of Defense, for military construc- men and women in uniform today de- 1390, supra; which was ordered to lie on the tion, and for defense activities of the Depart- table. serve nothing but the best resources ment of Energy, to prescribe military per- SA 1490. Mr. BROWNBACK submitted an available to them. sonnel strengths for such fiscal year, and for amendment intended to be proposed by him Unfortunately, when our veterans re- other purposes.. to the bill S. 1390, supra; which was ordered turn home they too often find a wait of SA 1470. Mr. PRYOR submitted an amend- to lie on the table. approximately six months for their ment intended to be proposed by him to the SA 1491. Mr. PRYOR submitted an amend- claims to the VA to be filed. This is un- bill S. 1390, supra; which was ordered to lie ment intended to be proposed by him to the on the table. acceptable. It most certainly does not bill S. 1390, supra; which was ordered to lie SA 1471. Mr. PRYOR submitted an amend- on the table. reflect the level of sacrifice and comment intended to be proposed by him to the SA 1492. Mr. BARRASSO (for himself and mitment that they have given to this bill S. 1390, supra; which was ordered to lie Mr. ENZI) submitted an amendment intended nation. I know we can do better. on the table. to be proposed by him to the bill S. 1390, During previous conflicts the defini- SA 1472. Mr. PRYOR submitted an amend- supra; which was ordered to lie on the table. tion of ‘‘combat with the enemy’’ was ment intended to be proposed by him to the SA 1493. Mr. GREGG (for himself and Mrs. simply determined by an individual’s bill S. 1390, supra; which was ordered to lie SHAHEEN) submitted an amendment intended on the table. appearance on the front lines. However, to be proposed by him to the bill S. 1390, SA 1473. Mr. BINGAMAN submitted an supra; which was ordered to lie on the table. today’s battlefields may not include a amendment intended to be proposed by him SA 1494. Mrs. HUTCHISON submitted an front line as they have in past con- to the bill S. 1390, supra; which was ordered amendment intended to be proposed by her flicts. We are using a 20th century to lie on the table. to the bill S. 1390, supra; which was ordered model to diagnose and treat individuals SA 1474. Mr. BINGAMAN submitted an to lie on the table. returning from a 21st century conflict. amendment intended to be proposed by him SA 1495. Mrs. HUTCHISON submitted an My legislation reflects these changes to the bill S. 1390, supra; which was ordered amendment intended to be proposed by her in conflict to ensure that our men and to lie on the table. to the bill S. 1390, supra; which was ordered SA 1475. Mr. CARDIN submitted an amend- to lie on the table. women in the military gain access to ment intended to be proposed by him to the SA 1496. Mr. THUNE (for himself and Mr. VA programs as soon as possible. It bill S. 1390, supra; which was ordered to lie JOHNSON) submitted an amendment intended changes the VA’s definition of ‘‘combat on the table. to be proposed by him to the bill S. 1390, with the enemy’’ to include those that SA 1476. Mr. REID (for himself, Mr. CRAPO, supra; which was ordered to lie on the table. have served in a theater of operations, Mr. MERKLEY, and Mr. ENSIGN) submitted an SA 1497. Mr. INHOFE (for himself and Mr. or in combat against a hostile force amendment intended to be proposed by him CORNYN) submitted an amendment intended during a period of hostilities. This will to the bill S. 1390, supra; which was ordered to be proposed by him to the bill S. 1390, to lie on the table. supra; which was ordered to lie on the table. more accurately reflect the current SA 1477. Mr. REID submitted an amend- SA 1498. Mr. INHOFE (for himself and Mr. face of conflict. ment intended to be proposed by him to the SESSIONS) submitted an amendment intended President Obama’s recent increase in bill S. 1390, supra; which was ordered to lie to be proposed by him to the bill S. 1390, the number of VA claim processors is on the table. supra; which was ordered to lie on the table.

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SA 1499. Mr. INHOFE submitted an amend- graphs (1) through (5), the total amount au- ‘‘(e) REPORTS.—The Under Secretary of De- ment intended to be proposed by him to the thorized to be appropriated for the Depart- fense for Acquisition, Technology, and Logis- bill S. 1390, supra; which was ordered to lie ment of Defense by divisions A and B is here- tics shall submit to the National Science and on the table. by increased by $500,000,000. Technology Council information on the pro- SA 1500. Mr. GRASSLEY submitted an gram that covers the information described amendment intended to be proposed by him SA 1470. Mr. PRYOR submitted an in paragraphs (1) through (5) of section 2(d) to the bill S. 1390, supra; which was ordered amendment intended to be proposed by of the 21st Century Nanotechnology Re- to lie on the table. him to the bill S. 1390, to authorize ap- search and Development Act (15 U.S.C. SA 1501. Mr. BOND (for himself, Mr. propriations for fiscal year 2010 for 7501(d)) to be included in the annual report LEAHY, Mr. PRYOR , and Mr. BYRD) submitted military activities of the Department submitted by the Council under that sec- an amendment intended to be proposed by tion.’’. him to the bill S. 1390, supra; which was or- of Defense, for military construction, dered to lie on the table. and for defense activities of the De- SA 1473. Mr. BINGAMAN submitted SA 1502. Mr. REID (for Mr. COBURN (for partment of Energy, to prescribe mili- an amendment intended to be proposed himself and Mr. FEINGOLD)) proposed an tary personnel strengths for such fiscal by him to the bill S. 1390, to authorize amendment to the bill S. 1233, to reauthorize year, and for other purposes; which was appropriations for fiscal year 2010 for and improve the SBIR and STTR programs ordered to lie on the table; as follows: military activities of the Department and for other purposes. On page 37, between lines 7 and 8, insert of Defense, for military construction, SA 1503. Mr. NELSON, of Florida (for him- the following: self and Mr. VITTER) submitted an amend- and for defense activities of the De- ment intended to be proposed by him to the SEC. 125. REPEAL OF REQUIREMENT TO MAIN- partment of Energy, to prescribe mili- TAIN CERTAIN C–130E AIRCRAFT. bill S. 1390, to authorize appropriations for tary personnel strengths for such fiscal Section 134 of the National Defense Au- fiscal year 2010 for military activities of the thorization Act for Fiscal Year 2008 (Public year, and for other purposes; which was Department of Defense, for military con- Law 110–181; 122 Stat. 31) is amended— ordered to lie on the table; as follows: struction, and for defense activities of the (1) in subsection (b), by striking ‘‘specified On page 590, lines 7 through 9, strike ‘‘for Department of Energy, to prescribe military in subsection (d)’’ and inserting ‘‘specified in the National Nuclear Security Administra- personnel strengths for such fiscal year, and subsection (c)’’; tion or for defense environmental cleanup’’. for other purposes; which was ordered to lie (2) by striking subsection (c); and on the table. (3) by redesignating subsection (d) as sub- Mr. BINGAMAN submitted SA 1504. Mrs. LINCOLN (for herself and Mr. SA 1474. section (c). CRAPO) submitted an amendment intended to an amendment intended to be proposed by him to the bill S. 1390, to authorize be proposed by her to the bill S. 1390, supra; SA 1471. Mr. PRYOR submitted an which was ordered to lie on the table. appropriations for fiscal year 2010 for amendment intended to be proposed by f military activities of the Department him to the bill S. 1390, to authorize ap- of Defense, for military construction, TEXT OF AMENDMENTS propriations for fiscal year 2010 for and for defense activities of the De- military activities of the Department SA 1469. Mr. LEVIN (for himself and partment of Energy, to prescribe mili- of Defense, for military construction, tary personnel strengths for such fiscal Mr. MCCAIN) proposed an amendment and for defense activities of the De- to the bill S. 1390, to authorize appro- year, and for other purposes; which was partment of Energy, to prescribe mili- ordered to lie on the table; as follows: priations for fiscal year 2010 for military personnel strengths for such fiscal tary activities of the Department of At the end of subtitle C of title I, add the year, and for other purposes; which was following: Defense, for military construction, and ordered to lie on the table; as follows: for defense activities of the Depart- SEC. 125. AC–130 GUNSHIPS. At the appropriate place, insert the fol- (a) REPORT ON REDUCTION IN SERVICE LIFE ment of Energy, to prescribe military lowing: personnel strengths for such fiscal IN CONNECTION WITH ACCELERATED DEPLOY- SEC. ll. RELEASE OF REVERSIONARY INTER- year, and for other purposes; as fol- MENT.—Not later than December 31, 2009, the EST. Secretary of the Air Force shall submit to lows: The United States releases to the State of the congressional defense committees an as- At the end of subtitle A of title I, add the Arkansas the reversionary interest described sessment of the reduction in the service life following: in sections 2 and 3 of the Act entitled ‘‘An of AC–130 gunships of the Air Force as a re- SEC. 106. ELIMINATION OF F–22A AIRCRAFT PRO- Act authorizing the transfer of part of Camp sult of the accelerated deployments of such CUREMENT FUNDING. Joseph T. Robinson to the State of Arkan- gunships that are anticipated during the (a) ELIMINATION OF FUNDING.—The amount sas’’, approved June 30, 1950 (64 Stat. 311, seven- to ten-year period beginning with the authorized to be appropriated by section chapter 429), in and to the surface estate of date of the enactment of this Act, assuming 103(1) for procurement for the Air Force for the land constituting Camp Joseph T. Robin- that operating tempo continues at a rate per aircraft procurement is hereby decreased by son, Arkansas, which is comprised of 40.515 year of the average of their operating rate $1,750,000,000, with the amount of the de- acres of land to be acquired by the United for the last five years. crease to be derived from amounts available States of America and 40.513 acres to be ac- (b) ELEMENTS.—The report required by sub- for F–22A aircraft procurement. quired by the City of North Little Rock, Ar- section (a) shall include the following: (b) RESTORED FUNDING.— kansas, and lies in sections 6, 8, and 9 of (1) An estimate by series of the mainte- (1) OPERATION AND MAINTENANCE, ARMY.— township 2 North, Range 12 West, Pulaski nance costs for the AC–130 gunships during The amount authorized to be appropriated County, Arkansas. the period described in subsection (a), in- by section 301(1) for operation and mainte- cluding any major airframe and engine over- nance for the Army is hereby increased by SA 1472. Mr. PRYOR submitted an hauls of such aircraft anticipated during $350,000,000. amendment intended to be proposed by that period. (2) OPERATION AND MAINTENANCE, NAVY.— him to the bill S. 1390, to authorize ap- (2) A description by series of the age, serv- The amount authorized to be appropriated propriations for fiscal year 2010 for iceability, and capabilities of the armament by section 301(2) for operation and mainte- military activities of the Department systems of the AC–130 gunships. nance for the Navy is hereby increased by of Defense, for military construction, (3) An estimate by series of the costs of $100,000,000. and for defense activities of the De- modernizing the armament systems of the (3) OPERATION AND MAINTENANCE, AIR AC–130 gunships to achieve any necessary ca- partment of Energy, to prescribe mili- FORCE.—The amount authorized to be appro- pability improvements. priated by section 301(4) for operation and tary personnel strengths for such fiscal (4) A description by series of the age and maintenance for the Air Force is hereby in- year, and for other purposes; which was capabilities of the electronic warfare sys- creased by $250,000,000. ordered to lie on the table; as follows: tems of the AC–130 gunships, and an estimate (4) OPERATION AND MAINTENANCE, DEFENSE- At the end of subtitle D of title II, add the of the cost of upgrading such systems during WIDE.—The amount authorized to be appro- following: that period to achieve any necessary capa- priated by section 301(5) for operation and SEC. 252. MODIFICATION OF REPORTING RE- bility improvements. maintenance for Defense-wide activities is QUIREMENT FOR DEFENSE NANO- (5) A description by series of the age of the hereby increased by $150,000,000. TECHNOLOGY RESEARCH AND DE- avionics systems of the AC–130 gunships, and (5) MILITARY PERSONNEL.—The amount au- VELOPMENT PROGRAM. an estimate of the cost of upgrading such thorized to be appropriated by section Section 246 of the Bob Stump National De- systems during that period to achieve any 421(a)(1) for military personnel is hereby in- fense Authorization Act for Fiscal Year 2003 necessary capability improvements. creased by $400,000,000. (Public Law 107–314; 10 U.S.C. 2358 note) is (6) An estimate of the costs of replacing (6) DIVISION A AND DIVISION B GENERALLY.— amended by striking subsection (e) and in- the AC–130 gunships with AC–130J gunships, In addition to the amounts specified in para- serting the following new subsection (e): including—

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PHASED EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF RE- (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ personnel, with the anticipated costs of oper- TIRED PAY AND VETERANS’ DIS- ation of AC–130J gunships. means any Indian tribe included on the list ABILITY COMPENSATION. (c) FORM.—The report required by sub- published by the Secretary of the Interior (a) PHASED EXPANSION.—Subsection (a) of section (a) shall be submitted in unclassified under section 104 of the Federally Recog- section 1414 of title 10, United States Code, is form, but may include a classified annex. nized Indian Tribe List Act of 1994 (25 amended to read as follows: U.S.C.479a–1). ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND SA 1475. Mr. CARDIN submitted an (b) REQUESTS FOR CONVEYANCE.— COMPENSATION.— amendment intended to be proposed by (1) IN GENERAL.—The Executive Director ‘‘(1) PAYMENT OF BOTH REQUIRED.— may submit to the Secretary of the Air him to the bill S. 1390, to authorize ap- ‘‘(A) IN GENERAL.—Subject to subsection propriations for fiscal year 2010 for Force, on behalf of any Indian tribe located (b), a member or former member of the uni- military activities of the Department in the State of Idaho, Nevada, North Dakota, formed services who is entitled for any of Defense, for military construction, Oregon, South Dakota, Montana, or Min- month to retired pay and who is also entitled nesota, a request for conveyance of any for that month to veterans’ disability com- and for defense activities of the De- relocatable military housing unit located at partment of Energy, to prescribe mili- pensation for a qualifying service-connected Grand Forks Air Force Base, Minot Air disability (in this section referred to as a tary personnel strengths for such fiscal Force Base, Malmstrom Air Force Base, Ells- year, and for other purposes; which was ‘qualified retiree’) is entitled to be paid both worth Air Force Base, or Mountain Home Air for that month without regard to sections ordered to lie on the table; as follows: Force Base. 5304 and 5305 of title 38. (2) CONFLICTS.—The Executive Director At the end of subtitle C of title VII, add ‘‘(B) GENERAL APPLICABILITY OF PHASE-IN shall resolve any conflict among requests of the following: OF FULL CONCURRENT RECEIPT.—During the SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS Indian tribes for housing units described in period beginning on January 1, 2004, and end- FOR TROOPS SERVING IN IRAQ AND paragraph (1) before submitting a request to ing on December 31, 2013, payment of retired AFGHANISTAN. the Secretary of the Air Force under this pay to a qualified retiree under this sub- (a) REPORT.— subsection. section is subject to subsection (c). (1) IN GENERAL.—Not later than June 30, (c) CONVEYANCE BY SECRETARY.—Notwith- ‘‘(C) EXCEPTION FROM PHASE-IN FOR 100 PER- 2010, and annually thereafter until June 30, standing any other provision of law, on re- CENT DISABLED RETIREES.—Payment of re- 2015, the Secretary of Defense shall submit ceipt of a request under subsection (c)(1), the tired pay under this subsection is subject to to Congress a report on the prescription of Secretary of the Air Force may convey to subsection (c) only during the period begin- antidepressants and drugs to treat anxiety the Indian tribe that is the subject of the re- ning on January 1, 2004, and ending on De- for troops serving in Iraq and Afghanistan. quest, at no cost to the Air Force and with- cember 31, 2004, in the case of the following: (2) CONTENT.—The report required under out consideration, any relocatable military ‘‘(i) A qualified retiree receiving veterans’ paragraph (1) shall include— housing unit described in subsection (c)(1) disability compensation for a disability (A) the numbers and percentages of troops that, as determined by the Secretary, is in rated as 100 percent. that have served or are serving in Iraq and excess of the needs of the military. ‘‘(ii) A qualified retiree receiving veterans’ Afghanistan since January 1, 2005, who have disability compensation at the rate payable been prescribed antidepressants or drugs to SA 1477. Mr. REID submitted an for a 100 percent disability by reason of a de- treat anxiety, including psychotropic drugs amendment intended to be proposed by termination of individual unemployability. such as Selective Serotonin Reuptake Inhibi- him to the bill S. 1390, to authorize ap- ‘‘(D) EXCEPTION FROM PHASE-IN FOR CERTAIN tors (SSRIs); and propriations for fiscal year 2010 for CHAPTER 61 RETIREES.—Subject to subsection (B) the policies and patient management military activities of the Department (b), on or after January 1, 2010, payment of practices of the Department of Defense with of Defense, for military construction, retired pay under this subsection is not sub- respect to the prescription of such drugs. ject to subsection (c) in the case of a quali- (b) NATIONAL INSTITUTE OF MENTAL HEALTH and for defense activities of the De- fied retiree described in subparagraph (B) or STUDY.— partment of Energy, to prescribe mili- (C) of paragraph (2). (1) STUDY.—The National Institute of Men- tary personnel strengths for such fiscal ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS- tal Health shall conduct a study on the po- year, and for other purposes; which was ABILITY.—In this section, the term ‘quali- tential relationship between the increased ordered to lie on the table; as follows: fying service-connected disability’ means the number of suicides and attempted suicides following: by members of the Armed Forces and the in- At the end of subtitle D of title VI, add the ‘‘(A) In the case of a member or former creased number of antidepressants, drugs to following: member receiving retired pay under any pro- treat anxiety, other psychotropics, and other SEC. lll. MODIFICATION OF OFFSET AGAINST vision of law other than chapter 61 of this behavior modifying prescription medications COMBAT-RELATED SPECIAL COM- PENSATION FOR CHAPTER 61 DIS- title, or under chapter 61 with 20 years or being prescribed, including any combination ABILITY RETIREES. more of service otherwise creditable under or interactions of such prescriptions. The Section 1413a(b)(3) of title 10, United States section 1405 or computed under section 12732 Department of Defense shall immediately Code, is amended— of this title, a service-connected disability or make available to the National Institute of (1) in subparagraph (A), by striking ‘‘shall combination of service-connected disabilities Mental Health all data necessary to com- be reduced’’ and all that follows through that is rated as not less than 50 percent dis- plete the study. ‘‘exceeds’’ and inserting ‘‘may not, when abling by the Secretary of Veterans Affairs. (2) REPORT ON FINDINGS.—Not later than combined with the amount of retirement pay ‘‘(B) In the case of a member or former two years after the date of the enactment of payable to the retiree after any reduction member receiving retired pay under chapter this Act, the Secretary of Defense shall sub- under sections 5304 and 5305 of title 38, cause 61 of this title with less than 20 years of serv- mit to Congress a report on the findings of the total of such combination to exceed’’; ice otherwise creditable under section 1405 or the study conducted pursuant to paragraph and computed under section 12732 of this title, a (1). (2) in subparagraph (B), by striking ‘‘shall service-connected disability or combination SA 1476. Mr. REID (for himself, Mr. be reduced’’ and all that follows through of service-connected disabilities that is rated ‘‘exceeds’’ and inserting ‘‘may not, when by the Secretary of Veterans Affairs at the CRAPO, Mr. MERKLEY, and Mr. ENSIGN) combined with the amount of retirement pay disabling level specified in one of the fol- submitted an amendment intended to payable to the retiree after any reduction lowing clauses (and is effective on or after be proposed by him to the bill S. 1390, under sections 5304 and 5305 of title 38, cause the date specified in the applicable clause): to authorize appropriations for fiscal the total of such combination to exceed’’. ‘‘(i) January 1, 2010, rated 100 percent, or a year 2010 for military activities of the rate payable at 100 percent by reason of indi- Department of Defense, for military SA 1478. Mr. REID submitted an vidual unemployability or rated 90 percent. construction, and for defense activities amendment intended to be proposed by ‘‘(ii) January 1, 2011, rated 80 percent or 70 of the Department of Energy, to pre- him to the bill S. 1390, to authorize ap- percent. scribe military personnel strengths for propriations for fiscal year 2010 for ‘‘(iii) January 1, 2012, rated 60 percent or 50 military activities of the Department percent. such fiscal year, and for other pur- ‘‘(C) In the case of a member or former poses; which was ordered to lie on the of Defense, for military construction, member receiving retired pay under chapter table; as follows: and for defense activities of the De- 61 regardless of years of service, a service- At the end of title XXIII, add the fol- partment of Energy, to prescribe mili- connected disability or combination of serv- lowing: tary personnel strengths for such fiscal ice-connected disabilities that is rated by

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the Secretary of Veterans Affairs at the dis- turn for the taxable year of the tax imposed (b) REPORT ON EXPANDED MISSION FOR THE abling level specified in one of the following by chapter 1, such taxpayer may designate NEVADA TEST SITE.—Not later than one year clauses (and is effective on or after the date that a specified portion (not less than $5) of after the date of the enactment of this Act, specified in the applicable clause): any overpayment of tax for such taxable the Administrator for Nuclear Security shall ‘‘(i) January 1, 2013, rated 40 percent or 30 year be paid over to the Reserve Income Re- submit to the congressional defense commit- percent. placement Program (RIRP) under section 910 tees a plan for improving the infrastructure ‘‘(ii) January 1, 2014, any rating.’’. of title 37, United States Code. of the Nevada Test Site of the National Nu- (b) CONFORMING SPECIAL RULE MODIFICA- ‘‘(b) MANNER AND TIME OF DESIGNATION.—A clear Security Administration— TION.—Subsection (b) of such section is designation under subsection (a) may be (1) to fulfill the expanded mission of the amended to read as follows: made with respect to any taxable year only Site described in subsection (a); and ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- at the time of filing the return of the tax im- (2) to make the Site available to support ABILITY RETIREES.— posed by chapter 1 for such taxable year. the threat reduction programs of the entire ‘‘(1) GENERAL RULE.—The retired pay of a Such designation shall be made in such man- national security community, including member retired under chapter 61 of this title ner as the Secretary prescribes by regula- threat reduction programs of the National is subject to reduction under sections 5304 tions except that such designation shall be Nuclear Security Administration, the De- and 5305 of title 38, but only to the extent made either on the first page of the return or fense Threat Reduction Agency, the Depart- that the amount of the member’s retired pay on the page bearing the taxpayer’s signature. ment of Homeland Security, and other agen- under chapter 61 of this title exceeds the ‘‘(c) OVERPAYMENTS TREATED AS RE- cies as appropriate. amount of retired pay to which the member FUNDED.—For purposes of this title, any por- would have been entitled under any other tion of an overpayment of tax designated SA 1481. Mr. REID submitted an provision of law based upon the member’s under subsection (a) shall be treated as— amendment intended to be proposed by service in the uniformed services if the mem- ‘‘(1) being refunded to the taxpayer as of ber had not been retired under chapter 61 of the last date prescribed for filing the return him to the bill S. 1390, to authorize ap- this title. of tax imposed by chapter 1 (determined propriations for fiscal year 2010 for ‘‘(2) SPECIAL RULE FOR RETIREES WITH LESS without regard to extensions) or, if later, the military activities of the Department THAN 20 YEARS OF SERVICE.—The retired pay date the return is filed, and of Defense, for military construction, of a member retired under chapter 61 of this ‘‘(2) a contribution made by such taxpayer and for defense activities of the De- title with less than 20 years of creditable on such date to the United States.’’. partment of Energy, to prescribe mili- service otherwise creditable under section (b) TRANSFERS TO RESERVE INCOME RE- tary personnel strengths for such fiscal 1405 or computed under section 12732 of this PLACEMENT PROGRAM.—The Secretary of the title, is subject to reduction under sections Treasury shall, from time to time, transfer year, and for other purposes; which was 5304 and 5305 of title 38, but only to the ex- to the Reserve Income Replacement Pro- ordered to lie on the table; as follows: tent that the amount of the member’s re- gram (RIRP) under section 910 of title 37, At the end of subtitle G of title X, add the tired pay under chapter 61 of this title ex- United States Code, the amounts designated following: 1 ceeds the amount equal to 2 ⁄2 percent of the under section 6097 of the Internal Revenue SEC. 1073. REPORT ON AIR AMERICA. member’s years of creditable service multi- Code of 1986, under regulations jointly pre- (a) DEFINITIONS.—In this section: plied by the member’s retired pay base under scribed by the Secretary of the Treasury and (1) AIR AMERICA.—The term ‘‘Air America’’ section 1406(b)(1) or 1407 of this title, which- the Secretary of Defense. means Air America, Incorporated. ever is applicable to the member.’’. (c) CLERICAL AMENDMENT.—The table of (2) ASSOCIATED COMPANY.—The term ‘‘asso- (c) CONFORMING AMENDMENT.—Subsection parts for subchapter A of chapter 61 of the ciated company’’ means any entity associ- (c) of such section is amended by striking Internal Revenue Code of 1986 is amended by ated with, predecessor to, or subsidiary to ‘‘the second sentence of’’. adding at the end the following new item: (d) CLERICAL AMENDMENTS.— Air America, including Air Asia Company ‘‘PART IX. DESIGNATION OF OVERPAYMENTS TO (1) SECTION HEADING.—The heading of such Limited, CAT Incorporated, Civil Air Trans- RESERVE INCOME REPLACEMENT PROGRAM’’. section is amended to read as follows: port Company Limited, and the Pacific Divi- (d) EFFECTIVE DATE.—The amendments sion of Southern Air Transport during the ‘‘§ 1414. Concurrent receipt of retired pay and made by this section shall apply to taxable period when such an entity was owned and veterans’ disability compensation’’. years beginning after December 31, 2009. controlled by the United States Government. (2) TABLE OF SECTIONS.—The table of sec- (b) REPORT ON RETIREMENT BENEFITS FOR tions at the beginning of chapter 71 of such SA 1480. Mr. REID submitted an FORMER EMPLOYEES OF AIR AMERICA.— title is amended by striking the item related amendment intended to be proposed by (1) IN GENERAL.—Not later than 180 days to section 1414 and inserting the following him to the bill S. 1390, to authorize ap- after the date of the enactment of this Act, new item: propriations for fiscal year 2010 for the Director of National Intelligence shall ‘‘1414. Concurrent receipt of retired pay and military activities of the Department submit to Congress a report on the advis- veterans’ disability compensa- ability of providing Federal retirement bene- tion.’’. of Defense, for military construction, and for defense activities of the De- fits to United States citizens for the service (e) EFFECTIVE DATE.—The amendments of such citizens prior to 1977 as employees of made by this section shall take effect on partment of Energy, to prescribe mili- Air America or an associated company dur- January 1, 2010. tary personnel strengths for such fiscal ing a period when Air America or the associ- year, and for other purposes; which was ated company was owned or controlled by SA 1479. Mr. REID submitted an ordered to lie on the table; as follows: the United States Government and operated amendment intended to be proposed by At the end of subtitle C of title XXXI, add or managed by the Central Intelligence him to the bill S. 1390, to authorize ap- the following: Agency. propriations for fiscal year 2010 for SEC. 3136. SENSE OF CONGRESS AND REPORT ON (2) REPORT ELEMENTS.—The report required military activities of the Department EXPANDING THE MISSION OF THE by paragraph (1) shall include the following: of Defense, for military construction, NEVADA TEST SITE. (A) The history of Air America and the as- and for defense activities of the De- (a) SENSE OF CONGRESS.—It is the sense of sociated companies prior to 1977, including a partment of Energy, to prescribe mili- Congress that— description of— tary personnel strengths for such fiscal (1) the Nevada Test Site of the National (i) the relationship between Air American Nuclear Security Administration can play an and the associated companies and the Cen- year, and for other purposes; which was effective and essential role in developing and tral Intelligence Agency or any other ele- ordered to lie on the table; as follows: demonstrating— ment of the United States Government; At the appropriate place, insert the fol- (A) innovative and effective methods for (ii) the workforce of Air America and the lowing: treaty verification and the detection of nu- associated companies; SEC. lll. DESIGNATION OF OVERPAYMENTS TO clear weapons and other materials; and (iii) the missions performed by Air Amer- SUPPORT RESERVISTS AND NA- (B) related threat reduction technologies; ica, the associated companies, and their em- TIONAL GUARD MEMBERS. and ployees for the United States; and (a) DESIGNATION.—Subchapter A of chapter (2) the Administrator for Nuclear Security (iv) the casualties suffered by employees of 61 of the Internal Revenue Code of 1986 is should expand the mission of the Nevada Air America and the associated companies in amended by adding at the end the following Test Site to carry out the role described in the course of their employment. new part: paragraph (1), including by— (B) A description of— ‘‘PART IX—DESIGNATION OF OVERPAY- (A) fully utilizing the inherent capabilities (i) the retirement benefits contracted for MENTS TO RESERVE INCOME REPLACE- and uniquely secure location of the Site; or promised to the employees of Air America MENT PROGRAM (B) continuing to support the Nation’s nu- and the associated companies prior to 1977; ‘‘Sec. 6097. Designation. clear weapons program and other national (ii) the contributions made by such em- ‘‘SEC. 6097. DESIGNATION. security programs; and ployees for such benefits; ‘‘(a) IN GENERAL.—In the case of an indi- (C) renaming the Site to reflect the ex- (iii) the retirement benefits actually paid vidual, with respect to each taxpayer’s re- panded mission of the Site. such employees;

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(i) the retirement benefits that former em- him to the bill S. 1390, to authorize ap- (2) Civilians harmed as a result of United ployees of Air America and the associated propriations for fiscal year 2010 for States combat activities may suffer injury companies have received or will receive by military activities of the Department and loss that continues long after the inci- virtue of their employment with Air Amer- dent. Their capacity to provide for their fam- ica and the associated companies; and of Defense, for military consruction, ily or to live a fulfilling life may be severely (ii) the retirement benefits that such em- and for defense activities of the De- limited. They may also harbor resentment ployees would have received or be eligible to partment of Energy, to prescribe mili- and anger towards the United States and its receive if such employment was deemed to tary personnel strengths for such fiscal military personnel when no recognition or be employment by the United States Govern- year, and for other purposes; which was assistance is promptly provided for their ment and their service during such employ- ordered to lie on the table; as follows: loss. ment was credited as Federal service for the At the end of subtitle C of title VI, add the (3) In most armed conflicts since Vietnam, purpose of Federal retirement benefits. following: the United States Armed Forces has carried (D)(i) Any recommendations regarding the out programs to provide payments to civil- advisability of legislative action to treat SEC. lll. STUDY ON PROVIDING DISLOCATION ians harmed by United States military per- ALLOWANCES TO MEMBERS OF THE such employment as Federal service for the UNIFORMED SERVICES FOR ORDERS sonnel in combat operations. Military law- purpose of Federal retirement benefits in FROM LAST DUTY STATION. yers and commanders have consistently rec- light of the relationship between Air Amer- (a) STUDY REQUIRED.—The Secretary of De- ognized the need to assist victims in rebuild- ica and the associated companies and the fense shall carry out a study on the feasi- ing their lives and communities. Military United States Government and the services bility and advisability of providing disloca- strategists have also recognized the need to and sacrifices of such employees to and for tion allowances under section 407 of title 37, compensate or provide assistance to such the United States. United States Code, to members of the uni- victims in order to win the hearts and minds (ii) If legislative action is considered advis- formed services described in subsection (a)(2) of the people, promote stability, and enhance able under clause (i), a proposal for such ac- of such section when a member is ordered the safety of United States personnel. tion and an assessment of its costs. from the member’s last duty station to the (4) Such programs implemented by the (E) The opinions of the Director of the Cen- member’s home. United States with respect to its combat op- tral Intelligence Agency, if any, on any mat- (b) REPORT.—Not later than 180 days after erations have been ad hoc, hastily formu- ters covered by the report that the Director the date of the enactment of this Act, the lated, and applied differently in each oper- of the Central Intelligence Agency considers Secretary shall submit to Congress a report ational setting, limiting their effectiveness appropriate. on the study required by subsection (a). and producing inconsistent and inequitable (3) ASSISTANCE OF COMPTROLLER GENERAL.— results for civilian victims. Each ad hoc pro- The Comptroller General of the United SA 1484. Mr. GREGG submitted an gram has also limited the capabilities of States shall, upon the request of the Direc- amendment intended to be proposed by United States military officers to provide tor of National Intelligence and in a manner him to the bill S. 1390, to authorize ap- victims with adequate compensation. consistent with the protection of classified (5) A uniform assistance program is needed information, assist the Director in the prepa- propriations for fiscal year 2010 for in overseas contingency operations. Such a ration of the report required by paragraph military activities of the Department program would provide the United States (1). of Defense, for military consruction, Armed Forces the authority and discretion (4) FORM.—The report required by para- and for defense activities of the De- to offer civilians harmed with equitable and graph (1) shall be submitted in unclassified partment of Energy, to prescribe mili- prompt assistance, without the problems of form, but may include a classified annex. tary personnel strengths for such fiscal improvised efforts by local military com- year, and for other purposes; which was manders and their legal advisors. SA 1482. Mr. BURRIS submitted an ordered to lie on the table; as follows: (6) In the event such a program is consid- amendment intended to be proposed by ered to be appropriate by the United States At the end of subtitle H of title X, add the Armed Forces, victims would receive an him to the bill S. 1390, to authorize ap- following: propriations for fiscal year 2010 for amount commensurate with their losses suf- SEC. lll. SIGNAGE. military activities of the Department fered as a result of United States combat op- (a) SHORT TITLE.—This section may be erations, as determined pursuant to regula- of Defense, for military consruction, cited as the ‘‘Axe the Stimulus Plaques tions formulated by the Department of De- and for defense activities of the De- Act’’. fense and based on an assessment of cultural partment of Energy, to prescribe mili- (b) PROHIBITION.—Notwithstanding any appropriateness and prevailing economic tary personnel strengths for such fiscal other provision of law, none of the funds conditions. year, and for other purposes; which was made available under the American Recov- (7) A uniform assistance program would ordered to lie on the table; as follows: ery and Reinvestment Act of 2009 (Public help to promote and maintain friendly rela- Law 111–5) may be used for physical signage tions with civilian populations in combat On page 92, between lines 18 and 19, insert to indicate that a project is being funded by the following: zones, thereby helping the United States that Act. Armed Forces to successfully complete its SEC. 342. PLAN FOR MANAGING VEGETATIVE EN- mission and demonstrating that the United CROACHMENT AT TRAINING Mr. LEAHY (for himself, Mr. RANGES. SA 1485. States is a compassionate Nation that highly Section 366(a)(5) of the Bob Stump Na- BINGAMAN, and Mr. KENNEDY) sub- values innocent life. tional Defense Authorization Act for Fiscal mitted an amendment intended to be (b) DETERMINATION OF ASSISTANCE.— Year 2003 (Public Law 107–314; 10 U.S.C. 113 proposed by him to the bill S. 1390, to (1) IN GENERAL.—To promote and maintain note) is amended— authorize appropriations for fiscal year friendly relations through the prompt ad- (1) by striking ‘‘(5) At the same time’’ and 2010 for military activities of the De- ministration of assistance to civilian casual- inserting ‘‘(5)(A) At the same time’’; and partment of Defense, for military con- ties, the Secretary concerned, or an officer (2) by adding at the end the following new struction, and for defense activities of or employee designated by the Secretary, subparagraph: may appoint, under such regulations as the ‘‘(B) Beginning with the report submitted the Department of Energy, to prescribe Secretary may prescribe, local military com- to Congress at the same time as the Presi- military personnel strengths for such manders to provide monetary assistance in dent submits the budget for fiscal year 2011, fiscal year, and for other purposes; an amount commensurate with the loss suf- the report required under this subsection which was ordered to lie on the table; fered for— shall include the following: as follows: (A) damage to, or loss of, real property of ‘‘(i) The results of a service-wide survey of On page 483, between lines 8 and 9, insert the inhabitant, including damage or loss in- vegetative encroachment at training ranges, the following: cident to use and occupancy; including a description of the extent of loss (B) damage to, or loss of, personal property SEC. 1232. PROVIDING ASSISTANCE TO CIVILIANS of training range acreage to vegetation en- FOR LOSSES INCIDENT TO COMBAT of any inhabitant of a foreign country; or croachment and the types of vegetation in- ACTIVITIES OF THE ARMED FORCES (C) personal injury to, or death of, any involved at each training range. IN OVERSEAS CONTINGENCY OPER- habitant of a foreign country; ‘‘(ii) A plan for managing vegetative en- ATIONS. if the damage, loss, personal injury, or death croachment at each training range that is (a) FINDINGS.—Congress makes the fol- occurs outside the United States, or the negatively impacted by such encroachment. lowing findings: Commonwealths or possessions, and is

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caused by, or is otherwise incident to, com- fered or denied will be kept by the local com- (b) EFFECTIVE DATE.—The amendment bat activities in foreign contingency oper- mander and on a timely basis submitted to made by subsection (a) shall take effect on ations of the Armed Forces under the local the appropriate office in the Department of October 1, 2009, and shall apply with respect military commander’s command, or is Defense as determined by the Secretary of to fiscal years beginning on or after that caused by a member thereof or by a civilian Defense. date. employee of the military department con- (2) BIANNUAL REPORT.—The Secretary of cerned or the Coast Guard, as the case may Defense shall report to Congress on a bian- SA 1488. Mr. ENSIGN submitted an be. A commander will provide assistance nual basis the efficacy of the civilian assist- amendment intended to be proposed by under regulations of the Department of De- ance program, including the number of cases him to the bill S. 1390, to authorize ap- fense. considered, amounts offered, and any nec- propriations for fiscal year 2010 for (2) CONDITIONS.—Assistance authorized by essary adjustments. military activities of the Department this section may be allowed only if— (A) an application therefor is presented SA 1486. Mr. SCHUMER submitted an of Defense, for military construction, within two years after the occurrence of the amendment intended to be proposed by and for defense activities of the De- incident concerned; him to the bill S. 1390, to authorize ap- partment of Energy, to prescribe mili- (B) the applicant is determined by the propriations for fiscal year 2010 for tary personnel strengths for such fiscal local military commander to be friendly to military activities of the Department year, and for other purposes; which was the United States; of Defense, for military construction, ordered to lie on the table; as follows: (C) the incident results directly or indi- and for defense activities of the De- On page 125, between lines 9 and 10, insert rectly from an act of the Armed Forces in the following: combat, an act of the Armed Forces indi- partment of Energy, to prescribe mili- (H) The extent to which the options re- rectly related to combat, or an act of the tary personnel strengths for such fiscal ferred to in paragraph (2) would improve the Armed Forces occurring while preparing for, year, and for other purposes; which was quality of education available for students going to, or returning from a combat mis- ordered to lie on the table; as follows: with special needs, including students with sion; and At the end of subtitle D of title V, add the learning disabilities and gifted students. (D) the incident does not arise directly following: from action by an enemy, unless the local SEC. 537. ADDITIONAL ASSISTANCE FOR LOCAL Mr. BROWNBACK (for him- military commander determines that it in EDUCATIONAL AGENCIES THAT BEN- SA 1489. the best military interest to offer assistance EFIT DEPENDENTS OF MEMBERS OF self and Mr. INHOFE) submitted an in such case. THE ARMED FORCES AND DEPART- amendment intended to be proposed by MENT OF DEFENSE CIVILIAN EM- (c) TERMS OF ASSISTANCE.—Except as pro- him to the bill S. 1390, to authorize ap- vided in subsection (d), no assistance may be PLOYEES. (a) ADDITIONAL ASSISTANCE FOR SCHOOLS propriations for fiscal year 2010 for paid under this section unless the amount WITH SIGNIFICANT NUMBERS OF MILITARY DE- military activities of the Department tendered is accepted by the applicant in full PARTMENT STUDENTS.— of Defense, for military construction, satisfaction. DDITIONAL AMOUNT (d) TYPE OF ASSISTANCE.—Satisfaction (1) A .—The amount and for defense activities of the De- under this section shall be made through available under section 531(a) is hereby in- partment of Energy, to prescribe mili- payment in local currency when possible. creased by $10,000,000. tary personnel strengths for such fiscal However, satisfaction under this section may (2) OFFSET.—The amount authorized to be year, and for other purposes; which was be made through the provision of services or appropriated by section 301(a)(5) for oper- ordered to lie on the table; as follows: ation and maintenance for Defense-wide ac- in-kind compensation if such satisfaction is On page 479, between lines 18 and 19, insert considered appropriate by the legal advisor tivities is hereby reduced by $10,000,000. (b) CLARIFICATION OF AGENCIES ELIGIBLE the following: and the local military commander concerned FOR ASSISTANCE.—Section 572(a)(2) of the Na- SEC. 1222. REPORT ON MILITARY POWER OF and accepted by the claimant. tional Defense Authorization Act for Fiscal IRAN. (e) LEGAL ADVICE REQUIREMENT.—Local military commanders shall receive legal ad- Year 2006 (Public Law 109–163; 119 Stat. 3271; (a) ANNUAL REPORT.—Not later than March vice before authorizing assistance. The legal 20 U.S.C. 7703b) is amended by adding at the 1, 2010, and annually thereafter, the Sec- advisor, under regulations of the Department end the following new sentence: ‘‘An eligible retary of Defense shall submit to the appro- local educational agency under this sub- of Defense, shall determine whether the ap- priate congressional committees a report, in section includes a local educational agency plicant for assistance is properly an appli- both classified and unclassified form, on the described in section 8002(i)(2) of such Act (20 cant, whether the facts support the provision current and future military strategy of the U.S.C. 7702(i)(2)).’’. of assistance, and what amount is commen- Islamic Republic of Iran. The report shall address the current and probable future course surate with the loss suffered. The legal advi- SA 1487. Mrs. LINCOLN (for herself, sor shall then make a recommendation to of military developments on the Army, Air Mr. CORNYN, Ms. LANDRIEU, Mr. RISCH, the local military commander who will de- Force, Navy, and Revolutionary Guard Corps termine if assistance is to be provided. Mr. ROCKEFELLER, Mr. WYDEN, Mrs. of the Government of Iran, and the tenets (f) CONSIDERATION OF APPLICATIONS.—Any HAGAN, and Ms. MURKOWSKI) submitted and probable development of the grand strat- application appropriately made for assist- an amendment intended to be proposed egy, security strategy, military strategy, ance resulting from United States military by her to the bill S. 1390, to authorize and military organizations and operational operations will be considered on the merits. appropriations for fiscal year 2010 for concepts of the Government of Iran. (b) MATTERS TO BE INCLUDED.—The report If assistance is not offered or provided to an military activities of the Department applicant, documentation of the denial shall required under subsection (a) shall include of Defense, for military construction, the following elements: be maintained by the Department of Defense. and for defense activities of the De- The applicant shall be informed of any deci- (1) As assessment of the grand strategy, se- sion made by a commander in a timely man- partment of Energy, to prescribe mili- curity strategy, and military strategy of the ner. tary personnel strengths for such fiscal Government of Iran, including the following: (g) DESIGNATION OF ASSISTANCE PRO- year, and for other purposes; which was (A) The goals of the grand strategy, secu- VIDERS.—The Secretary of Defense may des- ordered to lie on the table; as follows: rity strategy, and military strategy. ignate any local military commander ap- At the end of subtitle G of title V, add the (B) Trends in the strategies that would be pointed under subsection (a) to provide as- following: designed to establish Iran as the leading power in the Middle East and to enhance the sistance for damage, loss, injury, or death SEC. 573. MODIFICATION OF DEPARTMENT OF caused by a civilian employee of the Depart- DEFENSE SHARE OF EXPENSES influence of Iran in other regions of the ment of Defense other than an employee of a UNDER NATIONAL GUARD YOUTH world. military department. Payments under this CHALLENGE PROGRAM. (C) The security situation in the Persian subsection shall be made from appropria- (a) MODIFICATION.—Section 509(d)(1) of title Gulf and the Levant. tions as provided by law. 32, United States Code, is amended by strik- (D) Iranian strategy regarding other coun- (h) TREATMENT OF OTHER COMPENSATION ing ‘‘may not exceed’’ and all that follows tries in the region, including Israel, Leb- RECEIVED.—In the event compensation for and inserting ‘‘may not exceed the amount anon, Syria, Iraq, Afghanistan, Saudi Ara- damage, loss, injury, or death covered by as follows: bia, Turkey, Bahrain, Kuwait, the United this section is received through a separate ‘‘(A) In the case of a State program of the Arab Emirates, Armenia, and Azerbaijan. program operated by the United States Gov- Program in either of its first two years of op- (2) An assessment of the capabilities of the ernment, receipt of compensation in such eration, an amount equal to 100 percent of conventional forces of the Government of amount may be considered by the legal advi- the costs of operating the State program in Iran, including the following: sor or commander determining the appro- that fiscal year. (A) The size, location, and capabilities of priate assistance under subsection (a). ‘‘(B) In the case of any other State pro- the conventional forces. (i) REPORTING.— gram of the Program, an amount equal to 75 (B) A detailed analysis of the conventional (1) RECORDS OF APPLICATIONS FOR ASSIST- percent of the costs of operating the State forces of the Government of Iran facing ANCE.—A written record of any assistance of- program in that fiscal year.’’. United States forces in the region and other

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countries in the region, including Israel, (2) CONVENTIONAL FORCES OF THE GOVERN- to effectively implement the various initia- Lebanon, Syria, Iraq, Afghanistan, Saudi MENT OF IRAN.—The term ‘‘conventional tives of the Department of Defense while aid- Arabia, Turkey, Bahrain, Kuwait, the United forces of the Government of Iran’’— ing communities to either recover quickly Arab Emirates, Armenia, and Azerbaijan. (A) means military forces of the Islamic from closures or to accommodate growth as- (C) Major developments in Iranian military Republic of Iran designed to conduct oper- sociated with troop influxes; and doctrine. ations on sea, air, or land, other than Iran’s (3) that the methods of property disposal, (D) An estimate of the funding provided for unconventional forces and Iran’s strategic including public benefit transfers, economic each branch of the conventional forces of the missile forces; and development conveyances at cost and no Government of Iran. (B) includes Iran’s Army, Iran’s Air Force, cost, negotiated sales, other conveyances, (3) An assessment of the unconventional Iran’s Navy, and elements of the Iranian and public sales are equally assessed and de- forces of the Government of Iran, including Revolutionary Guard Corps, other than the cided with consideration to the needs of af- the following: Iranian Revolutionary Guard Corps-Quds fected communities. (A) The size and capability of special oper- Force. ations units, including the Iranian Revolu- (3) STRATEGIC MISSILE FORCES OF THE GOV- SA 1492. Mr. BARRASSO (for himself tionary Guard Corps-Quds Force. ERNMENT OF IRAN.—The term ‘‘strategic mis- and Mr. ENZI) submitted an amend- (B) The types and amount of support pro- sile forces of the Government of Iran’’ means ment intended to be proposed by him vided to groups designated by the United those elements of the military forces of the to the bill S. 1390, to authorize appro- States as terrorist organizations, including Islamic Republic of Iran that employ missiles capable of flights in excess of 500 kilo- priations for fiscal year 2010 for mili- Hezbollah, Hamas, and the Special Groups in tary activities of the Department of Iraq, in particular those forces as having meters. been assessed as to be willing to carry out (4) UNCONVENTIONAL FORCES OF THE GOV- Defense, for military construction, and terrorist operations on behalf of Iran or in ERNMENT OF IRAN.—The term ‘‘unconven- for defense activities of the Depart- response to a military attack by another tional forces of the Government of Iran’’— ment of Energy, to prescribe military country on Iran. (A) means forces of the Islamic Republic of personnel strengths for such fiscal (C) A detailed analysis of the unconven- Iran that carry out missions typically asso- year, and for other purposes; which was ciated with special operations forces; and tional forces of the Government of Iran fac- ordered to lie on the table; as follows: ing United States forces in the region and (B) includes— (i) the Iranian Revolutionary Guard Corps- On page 565, after line 20, add the fol- other countries in the region, including lowing: Israel, Lebanon, Syria, Iraq, Afghanistan, Quds Force; and (ii) any organization that— SEC. 2832. LAND CONVEYANCE, F.E. WARREN AIR Saudi Arabia, Turkey, Bahrain, Kuwait, the FORCE BASE, CHEYENNE, WYOMING. United Arab Emirates, Armenia, and Azer- (I) has been designated a terrorist organization by the United States; (a) CONVEYANCE AUTHORIZED.—The Sec- baijan. retary of the Air Force may convey to the (D) An estimate of the amount of funds (II) receives assistance from the Govern- ment of Iran; and County of Laramie, Wyoming (in this section spent by the Government of Iran to develop referred to as the ‘‘County’’) all right, title, and support special operations forces and (III)(aa) is assessed as being willing in some or all cases of carrying out attacks on and interest of the United States in and to a terrorist groups. parcel of real property, including any im- (4) An assessment of the capabilities of the behalf of the Government of Iran; or (bb) is assessed as likely to carry out at- provements thereon and appurtenant ease- Government of Iran related to nuclear and ments thereto, consisting of approximately missile forces, including the following: tacks in response to a military attack by another country on Iran. 73 acres along the southeastern boundary of (A) A summary of nuclear capabilities and F.E. Warren Air Force Base, Cheyenne, Wyo- developments in the preceding year, includ- SA 1490. Mr. BROWNBACK submitted ming, for the purpose of removing the prop- ing the location of major facilities believed an amendment intended to be proposed erty from the boundaries of the installation to be involved in a nuclear weapons program. and permitting the County to preserve the (B) A summary of the capabilities of the by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for entire property for healthcare facilities. strategic missile forces of the Government of (b) CONSIDERATION.— military activities of the Department Iran, including the size of the strategic mis- (1) IN GENERAL.—As consideration for the sile arsenal and the locations of missile of Defense, for military construction, conveyance under subsection (a), the County launch sites. and for defense activities of the De- shall provide the United States consider- (C) A summary of the capabilities of the partment of Energy, to prescribe mili- ation, whether by cash payment, in-kind short range and cruise missile forces of the tary personnel strengths for such fiscal consideration as described under paragraph Government of Iran, including the size and year, and for other purposes; which was (2), or a combination thereof, in an amount locations of the short range and cruise mis- ordered to lie on the table; as follows: that is not less than the fair market value of sile arsenal. On page 435, between lines 14 and 15, insert the conveyed real property, as determined by (D) A detailed analysis of the strategic the Secretary. missile forces of the Government of Iran fac- the following: SEC. 1083. SENSE OF CONGRESS ON MANNED AIR- (2) IN-KIND CONSIDERATION.—In-kind consid- ing United States forces in the region and eration provided by the County under para- other countries in the region, including BORNE IRREGULAR WARFARE PLAT- FORMS. graph (1) may include the acquisition, con- Israel, Lebanon, Iraq, Afghanistan, Saudi It is the sense of Congress that the Sec- struction, provision, improvement, mainte- Arabia, Turkey, Bahrain, Kuwait, the United retary of Defense, with regard to the devel- nance, repair, or restoration (including envi- Arab Emirates, Armenia, and Azerbaijan. opment of manned airborne irregular warfare ronmental restoration), or combination (E) A detailed analysis of the short range platforms, should— thereof, of any facilities or infrastructure re- and cruise missile forces of the Government (1) coordinate across the military services, lating to the security of F.E. Warren Air of Iran facing United States forces in the re- including the National Guard and Reserves, Force Base, that the Secretary considers ac- gion and other countries in the region, in- the requirements, concept development, ceptable. cluding Israel, Lebanon, Iraq, Afghanistan, demonstration, and platform development; (3) RELATION TO OTHER LAWS.—Sections 2662 Saudi Arabia, Turkey, Bahrain, Kuwait, the and and 2802 of title 10, United States Code, shall United Arab Emirates, Armenia, and Azer- (2) be informed by the on-going Air Na- not apply to any new facilities or infrastruc- baijan. tional Guard AT-6B demonstration program. ture received by the United States as in-kind (F) An estimate of the amount of funding consideration under paragraph (2). expended by the Government of Iran on pro- SA 1491. Mr. PRYOR submitted an (4) NOTICE TO CONGRESS.—The Secretary grams to develop a capability to build nu- amendment intended to be proposed by shall provide written notification to the con- clear weapons or to enhance strategic mis- him to the bill S. 1390, to authorize ap- gressional defense committees of the types sile, short range, and cruise missile capabili- propriations for fiscal year 2010 for and value of consideration provided the ties of the Government of Iran. military activities of the Department United States under paragraph (1). (c) DEFINITIONS.—In this section: of Defense, for military construction, (5) TREATMENT OF CASH CONSIDERATION RE- (1) APPROPRIATE CONGRESSIONAL COMMIT- and for defense activities of the De- CEIVED.—Any cash payment received by the TEES.—The term ‘‘appropriate congressional United States under paragraph (1) shall be committees’’ means— partment of Energy, to prescribe mili- deposited in the special account in the (A) the Committee on Armed Services, the tary personnel strengths for such fiscal Treasury established under subsection (b) of Committee on Foreign Relations, the Select year, and for other purposes; which was section 572 of title 40, United States Code, Committee on Intelligence, and the Com- ordered to lie on the table; as follows: and shall be available in accordance with mittee on Appropriations of the Senate; and Beginning on page 552, line 25, strike ‘‘in- paragraph (5)(B)(ii) of such subsection. (B) the Committee on Armed Services, the stallations; and’’ and all that follows (c) REVERSIONARY INTEREST.— Committee on Foreign Affairs, the Perma- through page 553, line 6, and insert the fol- (1) IN GENERAL.—If the Secretary deter- nent Select Committee on Intelligence, and lowing: ‘‘installations; mines at any time that the County is not the Committee on Appropriations of the (2) to comprehensively assess the needs and using the property conveyed under sub- House of Representatives. degree of Federal assistance to communities section (a) in accordance with the purpose of

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Any determination by her to the bill S. 1390, to authorize agency chartered or sponsored by the local of the Secretary under this subsection shall appropriations for fiscal year 2010 for or State government. be made on the record after an opportunity (d) CONSIDERATION.—As consideration for military activities of the Department the conveyance under subsection (a), the eli- for a hearing. of Defense, for military construction, (2) RELEASE OF REVERSIONARY INTEREST.— gible entity shall provide the Air Force with The Secretary shall release, without consid- and for defense activities of the De- real property or real property improvements, eration, the reversionary interest retained partment of Energy, to prescribe mili- or a combination of both, of equal value, as by the United States under paragraph (1) if— tary personnel strengths for such fiscal determined by the Secretary. If the fair mar- (A) F.E. Warren Air Force Base, Cheyenne year, and for other purposes; which was ket value of the real property or real prop- Wyoming, is no longer being used for Depart- ordered to lie on the table; as follows: erty improvements, or combination thereof, ment of Defense activities; or is less than the fair market value of the real On page 429, between lines 8 and 9, insert property to be conveyed by the Air Force, (B) the Secretary determines that the re- the following: versionary interest is otherwise unnecessary the eligible entity shall provide cash pay- SEC. 1073. REPORT ON CRITERIA FOR SELECTION ment to the Air Force, or provide Lackland to protect the interests of the United States. OF STRATEGIC EMBARKATION (d) PAYMENT OF COSTS OF CONVEYANCE.— Air Force Base with in-kind consideration of PORTS AND SHIP LAYBERTHING LO- an amount equal to the difference in the fair (1) PAYMENT REQUIRED.—The Secretary CATIONS. market values. Any cash payment received shall require the County to cover costs to be (a) REPORT REQUIRED.—Not later than 180 by the Air Force for the conveyance author- incurred by the Secretary, or to reimburse days after the date of the enactment of this ized by subsection (a) shall be deposited in the Secretary for costs incurred by the Sec- Act, the Commander of the United States the special account described in section retary, to carry out the conveyance under Transportation Command shall submit to 2667(e) of title 10, United States Code, and subsection (a) and implement the receipt of the congressional defense committees a re- shall be available to the Secretary for the in-kind consideration under paragraph (b), port with criteria for the selection of stra- same uses and subject to the same limita- including survey costs, appraisal costs, costs tegic embarkation ports and ship layberth tions as provided in that section. related to environmental documentation, locations. (e) PAYMENT OF COSTS OF CONVEYANCE.— and other administrative costs related to the (b) DEVELOPMENT OF CRITERIA.—The cri- (1) IN GENERAL.—The Secretary may re- conveyance and receipt of in-kind consider- teria included in the report required under quire the eligible entity to cover costs to be ation. If amounts are received from the subsection (a) shall— incurred by the Secretary, or to reimburse County in advance of the Secretary incur- (1) prioritize the facilitation of strategic the Secretary for costs incurred by the Sec- ring the actual costs, and the amount re- deployment and reduction of combatant retary, to carry out the conveyances under ceived exceeds the costs actually incurred by commander force closure timelines; this section, including survey costs, costs re- the Secretary under this section, the Sec- (2) take into account— lated to environmental documentation, and retary shall refund the excess amount to the (A) time required to crew, activate, and other administrative costs related to the County. sail sealift vessels to embarkation ports; conveyances. If amounts are collected from (2) TREATMENT OF AMOUNTS RECEIVED.— (B) distance and travel times for the forces the eligible entity in advance of the Sec- Amounts received as reimbursements under from assigned installation to embarkation retary incurring the actual costs, and the paragraph (1) shall be credited to the fund or ports; amount collected exceeds the costs actually account that was used to cover the costs in- (C) availability of adequate infrastructure incurred by the Secretary to carry out the curred by the Secretary in carrying out the to transport forces from assigned installa- conveyance, the Secretary shall refund the conveyance and implementing the receipt of tion to embarkation ports; and excess amount to the eligible entity. in-kind consideration. Amounts so credited (D) time required to move forces from em- (2) TREATMENT OF AMOUNTS RECEIVED.— shall be merged with amounts in such fund barkation ports to likely areas of force de- Amounts received as reimbursement under or account and shall be available for the ployment around the world; and paragraph (1) shall be credited to the fund or same purposes, and subject to the same con- (3) inform the selection of strategic embar- account that was used to cover the costs in- ditions and limitations, as amounts in such kation ports and the procurement of ship curred by the Secretary in carrying out the fund or account. layberthing services. conveyances. Amounts so credited shall be (e) DESCRIPTION OF REAL PROPERTY.—The merged with amounts in such fund or ac- exact acreage and legal description of the Mrs. HUTCHISON submitted SA 1495. count, and shall be available for the same real property to be conveyed under sub- an amendment intended to be proposed purposes, and subject to the same conditions section (a) shall be determined by a survey by her to the bill S. 1390, to authorize and limitations, as amounts in such fund or satisfactory to the Secretary. appropriations for fiscal year 2010 for account. (f) ADDITIONAL TERMS AND CONDITIONS.— (f) DESCRIPTION OF PROPERTY.—The exact The Secretary may require such additional military activities of the Department of Defense, for military construction, acreage and legal description of the real terms and conditions in connection with the property to be conveyed under subsection (a) conveyance under subsection (a) as the Sec- and for defense activities of the De- partment of Energy, to prescribe mili- shall be determined by a survey satisfactory retary considers appropriate to protect the to the Secretary. interests of the United States. tary personnel strengths for such fiscal (g) ADDITIONAL TERMS AND CONDITIONS.— year, and for other purposes; which was The Secretary may require such additional SA 1493. Mr. GREGG (for himself and ordered to lie on the table; as follows: terms and conditions in connection with the Mrs. SHAHEEN) submitted an amend- On page 565, after line 20, insert the fol- conveyances under this section as the Sec- ment intended to be proposed by him lowing: retary considers appropriate to protect the to the bill S. 1390, to authorize appro- SEC. 2832. LAND CONVEYANCE, LACKLAND AIR interests of the United States. priations for fiscal year 2010 for mili- FORCE BASE, TEXAS. SA 1496. Mr. THUNE (for himself and tary activities of the Department of (a) CONVEYANCE AUTHORIZED.—The Sec- Mr. JOHNSON) submitted an amendment Defense, for military construction, and retary of the Air Force may convey to an eli- intended to be proposed by him to the for defense activities of the Depart- gible entity, all right, title, and interest of bill S. 1390, to authorize appropriations ment of Energy, to prescribe military the United States to not more than 250 acres of real property and associated easements for fiscal year 2010 for military activi- personnel strengths for such fiscal and improvements on Lackland Air Force ties of the Department of Defense, for year, and for other purposes; which was Base, Texas, in exchange for real property military construction, and for defense ordered to lie on the table; as follows: adjacent to or near the installation for the activities of the Department of Energy, On page 553, between lines 15 and 16, insert purpose of relocating and consolidating Air to prescribe military personnel the following: Force tenants located on the former Kelly strengths for such fiscal year, and for SEC. 2707. RELOCATION OF UNITS FROM PAUL Air Force Base, Texas, onto the main portion DOBLE ARMY RESERVE CENTER, of Lackland Air Force Base. other purposes; which was ordered to PORTSMOUTH, NEW HAMPSHIRE. (b) CONDITION OF CONVEYANCE.—The con- lie on the table; as follows: With respect to the closure of the Paul veyance under subsection (a) shall be subject On page 565, after line 20, add the fol- Doble Army Reserve Center in Portsmouth, to the condition that the eligible entity ac- lowing: New Hampshire, and the relocation of units cept the real property in its condition at the SEC. 2832. LAND CONVEYANCE, ELLSWORTH AIR to a new reserve center and associated train- time of the conveyance, commonly known as FORCE BASE, SOUTH DAKOTA. ing and maintenance facilities, the new re- conveyance ‘‘as is’’ and not subject to the re- (a) CHANGE IN RECIPIENT UNDER EXISTING serve center and associated training and quirements for covenants in deed under sec- AUTHORITY.—

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.050 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7422 CONGRESSIONAL RECORD — SENATE July 13, 2009 (1) IN GENERAL.—Section 2863(a) of the collected from the Authority in advance of of Defense, for military construction, Military Construction Act for Fiscal Year the Secretary incurring the actual costs, and and for defense activities of the De- 1998 (division B of Public Law 105–85; 111 the amount collected exceeds the costs actu- partment of Energy, to prescribe mili- Stat. 2010), as amended by section 2865(a) of ally incurred by the Secretary to carry out tary personnel strengths for such fiscal the Military Construction Act for Fiscal the conveyance, the Secretary shall refund Year 2001 (as enacted into law by Public Law the excess amount to the Authority. year, and for other purposes; which was 106–398; 114 Stat. 1654A–435), is further (B) TREATMENT OF AMOUNTS RECEIVED.— ordered to lie on the table; as follows: amended by striking ‘‘West River Founda- Amounts received under subparagraph (A) as On page 120, before line 1, insert the fol- tion for Economic and Community Develop- reimbursement for costs incurred by the Sec- lowing: ment, Sturgis, South Dakota (in this section retary to carry out the conveyance under SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSO- referred to as the ‘Foundation’)’’ and insert- this subsection shall be credited to the fund CIATION. ing ‘‘South Dakota Ellsworth Development or account that was used to cover the costs (a) IN GENERAL.—Chapter 903 of title 10, Authority, Pierre, South Dakota (in this sec- incurred by the Secretary in carrying out United States Code, is amended by inserting tion referred to as the ‘Authority’)’’. the conveyance. Amounts so credited shall after section 9361 the following new section: (2) TECHNICAL AND CONFORMING AMEND- be merged with amounts in such fund or ac- MENTS.—Section 2863 of the Military Con- count and shall be available for the same ‘‘§ 9362. Air Force Academy athletic programs struction Act for Fiscal Year 1998 (division B purposes, and subject to the same conditions support of Public Law 105–85; 111 Stat. 2010), as and limitations, as amounts in such fund or ‘‘(a) ESTABLISHMENT AUTHORIZED.— amended by section 2865(b) of the Military account. ‘‘(1) IN GENERAL.—The Secretary of the Air Construction Act for Fiscal Year 2001 (as en- (7) ADDITIONAL TERMS AND CONDITIONS.— Force may, in accordance with the laws of acted into law by Public Law 106–398; 114 The Secretary may require such additional the State of incorporation, establish a cor- Stat. 1654A–435), is further amended— terms and conditions in connection with the poration to support the athletic programs of (A) by striking ‘‘Foundation’’ each place it conveyance under this subsection as the Sec- the Academy (in this section referred to as appears in subsections (c) and (e) and insert- retary considers appropriate to protect the the ‘corporation’). All stock of the corpora- ing ‘‘Authority’’; interests of the United States. tion shall be owned by the United States and (B) in subsection (b)(1)— held in the name of and voted by the Sec- (i) in subparagraph (B), by striking ‘‘137.56 SA 1497. Mr. INHOFE (for himself retary of the Air Force. acres’’ and inserting ‘‘120.70 acres’’; and and Mr. CORNYN) submitted an amend- ‘‘(2) PURPOSE.—The corporation shall oper- (ii) by striking subparagraphs (C), (D), and ment intended to be proposed by him ate exclusively for charitable, educational, (E). to the bill S. 1390, to authorize appro- and civic purposes to support the athletic (b) NEW CONVEYANCE AUTHORITY.— programs of the Academy. priations for fiscal year 2010 for mili- (1) CONVEYANCE AUTHORIZED.—The Sec- ‘‘(b) CORPORATE ORGANIZATION.—The cor- retary of the Air Force may convey, without tary activities of the Department of poration shall be organized and operated— consideration, to the South Dakota Ells- Defense, for military construction, and ‘‘(1) as a nonprofit corporation under sec- worth Development Authority, Pierre, South for defense activities of the Depart- tion 501(c)(3) of the Internal Revenue Code of Dakota (in this subsection referred to as the ment of Energy, to prescribe military 1986; ‘‘Authority’’), all right, title, and interest of personnel strengths for such fiscal ‘‘(2) in accordance with this section; and the United States in and to the parcels of ‘‘(3) pursuant to the laws of the State of in- real property located at Ellsworth Air Force year, and for other purposes; which was ordered to lie on the table; as follows: corporation, its articles of incorporation, Base, South Dakota, referred to in paragraph and its bylaws. (2). On page 435, between lines 14 and 15, insert ‘‘(c) CORPORATE BOARD OF DIRECTORS.— (2) COVERED PROPERTY.—The real property the following: ‘‘(1) COMPENSATION.—The members of the referred to in paragraph (1) is the following: SEC. 1083. MODIFICATION OF STATE RESPON- board of directors shall serve without com- (A) A parcel of real property, together with SIBILITIES. pensation, except for reasonable travel and any improvements thereon, consisting of ap- (a) IN GENERAL.—Section 102(a)(1) of the other related expenses for attendance at proximately 2.37 acres and comprising the Uniformed and Overseas Citizens Absentee meetings. 11000 West Communications Annex. Voting Act (42 U.S.C. 1973ff–1(a)(1)) is amend- ‘‘(2) AIR FORCE PERSONNEL.—The Secretary (B) A parcel of real property, together with ed by inserting ‘‘by ensuring that absentee of the Air Force may authorize military and any improvements thereon, consisting of ap- ballots are sent to such voters not later than civilian personnel of the Air Force under sec- proximately 6.643 acres and comprising the 45 days before the deadline of such State for tion 1033 of this title to serve, in their offi- South Nike Education Annex. receiving absentee ballots in order to be cial capacities, as members of the board of (3) CONDITION.—As a condition of the con- counted in the election for Federal office’’ directors, but such personnel shall not hold veyance under this subsection, the Author- before the semicolon at the end. more than one third of the directorships. ity, and any person or entity to which the (b) EFFECTIVE DATE.—The amendment ‘‘(d) TRANSFER FROM NONAPPROPRIATED Authority transfers the property, shall com- made by this section shall apply with respect FUND OPERATION.—The Secretary of the Air ply in the use of the property with the appli- to elections for Federal office held on or Force may, subject to the acceptance of the cable provisions of the Ellsworth Air Force after November 1, 2010. Base Air Installation Compatible Use Zone corporation, transfer to the corporation all Study. SA 1498. Mr. INHOFE (for himself title to and ownership of the assets and li- abilities of the Air Force nonappropriated (4) REVERSIONARY INTEREST.—If the Sec- and Mr. SESSIONS) submitted an fund instrumentality whose functions in- retary determines at any time that the real amendment intended to be proposed by property conveyed under paragraph (1) is not clude providing support for the athletic pro- him to the bill S. 1390, to authorize ap- grams of the Academy, including bank ac- being used in compliance with the applicable propriations for fiscal year 2010 for provisions of the Ellsworth Air Force Base counts and financial reserves in its accounts, Air Installation Compatible Use Zone Study, military activities of the Department equipment, supplies, and other personal all right, title, and interest in and to such of Defense, for military construction, property, but excluding any interest in real real property, including any improvements and for defense activities of the De- property. and appurtenant easements thereto, shall, at partment of Energy, to prescribe mili- ‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary the option of the Secretary, revert to and be- tary personnel strengths for such fiscal of the Air Force may accept from the cor- come the property of the United States, and poration funds, supplies, and services for the year, and for other purposes; which was support of cadets and Academy personnel the United States shall have the right of im- ordered to lie on the table; as follows: mediate entry onto such real property. A de- during their participation in, or in support termination by the Secretary under this On page 358, strike lines 17 through 21 and of, Academy or corporate events related to paragraph shall be made on the record after insert the following: the Academy athletic programs. an opportunity for a hearing. ‘‘(C) the accused pleads guilty or was con- ‘‘(f) LEASING.—The Secretary of the Air victed of the offense by the concurrence of (5) DESCRIPTION OF PROPERTY.—The exact Force may, in accordance with section 2667 acreage and legal description of the real all the members present at the time the vote of this title, lease real and personal property property to be exchanged under this sub- is taken; and to the corporation for purposes related to section shall be determined by surveys satis- ‘‘(D) if the accused was convicted by a the Academy athletic programs. Money rent- factory to the Secretary. military commission, all members present at als received from any such lease may be re- the time the vote was taken concurred in the (6) PAYMENT OF COSTS OF CONVEYANCES.— tained and spent by the Secretary to support sentence of death. (A) PAYMENT REQUIRED.—The Secretary athletic programs of the Academy.’’. (b) CLERICAL AMENDMENT.—The table of shall require the Authority to cover costs to Mr. INHOFE submitted an be incurred by the Secretary, or to reim- SA 1499. sections at the beginning of such chapter is burse the Secretary for costs incurred by the amendment intended to be proposed by amended by inserting after the item relating Secretary, to carry out the conveyance him to the bill S. 1390, to authorize ap- to section 9361 the following new item: under this subsection, including survey costs propriations for fiscal year 2010 for ‘‘9362. Air Force Academy athletic programs related to the conveyance. If amounts are military activities of the Department support.’’.

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Functions of National Guard Bu- United States Northern Command. appropriations for fiscal year 2010 for reau: military assistance to civil authorities ‘‘(vi) The Vice Chief of the National Guard military activities of the Department Bureau. ‘‘(a) IDENTIFICATION OF ADDITIONAL NEC- ‘‘(vii) Seven adjutants general from the of Defense, for military construction, ESSARY ASSISTANCE.—The Chief of the Na- planning committee under paragraph (B).’’. and for defense activities of the De- tional Guard Bureau shall— (b) BUDGETING FOR TRAINING AND EQUIP- partment of Energy, to prescribe mili- ‘‘(1) identify gaps between Federal and MENT AND MILITARY CONSTRUCTION FOR MILI- tary personnel strengths for such fiscal State military capabilities to prepare for TARY ASSISTANCE TO CIVIL AUTHORITIES AND year, and for other purposes; which was and respond to emergencies; and OTHER DOMESTIC MISSIONS.—Chapter 1013 of ordered to lie on the table; as follows: ‘‘(2) make recommendations to the Sec- such title is amended by adding at the end retary of Defense on programs and activities the following new section: On page 428, between lines 21 and 22, insert of the National Guard for military assistance the following: ‘‘§ 10544. National Guard training and equip- to civil authorities to address such gaps. (3) A sample of military whistleblower re- ment and military construction: budget for ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meet- prisal appeals (as selected by the Comp- military assistance to civil authorities and ing the requirements of subsection (a), the troller General for the purposes of this sec- for other domestic operations Chief of the National Guard Bureau shall, in tion) heard by the Boards for the Correction ‘‘(a) IN GENERAL.—The budget justification coordination with the adjutants general of of Military Records referred to in section documents materials submitted to Congress the States, have responsibilities as follows: 1552 of title 10, United States Code, of each in support of the budget of the President for ‘‘(1) To validate the requirements of the military department. a fiscal year (as submitted with the budget several States and territories with respect to of the President under section 1105(a) of title military assistance to civil authorities. SA 1501. Mr. BOND (for himself, Mr. 31) shall specify separate amounts for the ‘‘(2) To develop doctrine and training re- LEAHY, Mr. PRYOR, and Mr. BYRD) sub- National Guard for purposes of military as- quirements relating to the provision of mili- mitted an amendment intended to be sistance to civil authorities and for other do- tary assistance to civil authorities. mestic operations during such fiscal year as proposed by him to the bill S. 1390, to ‘‘(3) To acquire equipment, materiel, and follows: authorize appropriations for fiscal year other supplies and services for the provision ‘‘(1) Amounts for training and equipment, 2010 for military activities of the De- of military assistance to civil authorities. including critical dual-use equipment. partment of Defense, for military con- ‘‘(4) To assist the Secretary of Defense in ‘‘(2) Amounts for military construction, in- struction, and for defense activities of preparing the budget required under section cluding critical dual-use capital construc- 10544 of this title. the Department of Energy, to prescribe tion. ‘‘(5) To administer amounts provided the military personnel strengths for such ‘‘(b) SCOPE OF FUNDING.—The amounts National Guard for the provision of military fiscal year, and for other purposes; specified under subsection (a) for a fiscal assistance to civil authorities. which was ordered to lie on the table; year shall be sufficient for purposes as fol- ‘‘(6) To carry out any other responsibility lows: as follows: relating to the provision of military assist- ‘‘(1) The development and implementation At the end of title IX, add the following: ance to civil authorities as the Secretary of of doctrine and training requirements appli- Subtitle E—National Guard Empowerment Defense shall specify. cable to the assistance and operations de- and State-National Defense Integration ‘‘(c) ASSISTANCE.—The Chairman of the scribed in subsection (a) for such fiscal year. SEC. 941. SHORT TITLE. Joint Chiefs of Staff shall assist the Chief of ‘‘(2) The acquisition of equipment, mate- This subtitle may be cited as the ‘‘Na- the National Guard Bureau in carrying out riel, and other supplies and services nec- tional Guard Empowerment and State-Na- activities under this section. essary for the provision of such assistance tional Defense Integration Act of 2009’’. ‘‘(d) CONSULTATION.—(1) The Chief of the and such operations in such fiscal year.’’. SEC. 942. EXPANDED AUTHORITY OF THE CHIEF National Guard Bureau shall carry out ac- (c) CLERICAL AMENDMENTS.— OF THE NATIONAL GUARD BUREAU. tivities under this section through and uti- (1) The table of sections at the beginning of (a) MEMBERSHIP ON JOINT CHIEFS OF lizing an integrated planning process estab- chapter 1011 of such title is amended by in- STAFF.— lished by the Chief of the National Guard Bu- serting after the item relating to section (1) IN GENERAL.—Section 151(a) of title 10, reau for purposes of this subsection. The 10503 the following new item: United States Code, is amended by adding at planning process may be known as the ‘Na- ‘‘10503a. Functions of National Guard Bu- the end the following new paragraph: tional Guard Bureau Strategic Integrated reau: military assistance to ‘‘(7) The Chief of the National Guard Bu- Planning Process’. civil authorities.’’. reau.’’. ‘‘(2)(A) Under the integrated planning proc- (2) CONFORMING AMENDMENT.—Section 10502 ess established under paragraph (1)— (2) The table of sections at the beginning of of such title is amended— ‘‘(i) the planning committee described in chapter 1013 of such title is amended by add- (A) by redesignating subsections (d) and (e) subparagraph (B) shall develop and submit to ing at the end the following new item: as subsections (e) and (f), respectively; and the planning directorate described in sub- ‘‘10544. National Guard training and equip- (B) by inserting after subsection (c) the fol- paragraph (C) plans and proposals on such ment and military construc- lowing new subsection (d): matters under the planning process as the tion: budget for military assist- ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.— Chief of the National Guard Bureau shall ance to civil authorities and for The Chief of the National Guard Bureau designate for purposes of this subsection; and other domestic operations.’’. shall perform the duties prescribed for him ‘‘(ii) the planning directorate shall review SEC. 944. REESTABLISHMENT OF POSITION OF or her as a member of the Joint Chiefs of and make recommendations to the Chief of VICE CHIEF OF THE NATIONAL Staff under section 151 of this title.’’. the National Guard Bureau on the plans and GUARD BUREAU. (b) ANNUAL REPORT TO CONGRESS ON VALI- proposals submitted to the planning direc- (a) REESTABLISHMENT OF POSITION.— DATED REQUIREMENTS.—Section 10504 of title (1) IN GENERAL.—Chapter 1011 of title 10, 10, United States Code, is amended by adding torate under clause (i). ‘‘(B) The planning committee described in United States Code, is amended— at the end the following new subsection: (A) by redesignating section 10505 as sec- ‘‘(c) ANNUAL REPORT ON VALIDATED RE- this subparagraph is a planning committee tion 10505a; and QUIREMENTS.—Not later than December 31 (to be known as the ‘State Strategic Inte- (B) by inserting after section 10504 the fol- each year, the Chief of the National Guard grated Planning Committee’) composed of lowing new section 10505: Bureau shall submit to Congress a report on the adjutant general of each of the several the following: States, the Commonwealth of Puerto Rico, ‘‘§ 10505. Vice Chief of the National Guard Bu- ‘‘(1) The requirements validated under sec- Guam, the Virgin Islands, and the District of reau tion 10503a(b)(1) of this title during the pre- Columbia. ‘‘(a) APPOINTMENT.—(1) There is a Vice ceding fiscal year. ‘‘(C) The planning directorate described in Chief of the National Guard Bureau, selected ‘‘(2) The requirements referred to in para- this subparagraph is a planning directorate by the Secretary of Defense from officers of graph (1) for which funding is to be requested (to be known as the ‘Federal Strategic Inte- the Army National Guard of the United in the next budget for a fiscal year under grated Planning Directorate’) composed of States or the Air National Guard of the section 10544 of this title. the following (as designated by the Secretary United States who— ‘‘(3) The requirements referred to in para- of Defense for purposes of this subsection): ‘‘(A) are recommended for such appoint- graph (1) for which funding will not be re- ‘‘(i) A major general of the Army National ment by their respective Governors or, in the quested in the next budget for a fiscal year Guard. case of the District of Columbia, the com- under section 10544 of this title.’’. ‘‘(ii) A major general of the Air National manding general of the District of Columbia SEC. 943. EXPANDED FUNCTIONS OF THE NA- Guard. National Guard; TIONAL GUARD BUREAU. ‘‘(iii) A major general of the regular Army. ‘‘(B) have had at least 10 years of federally (a) MILITARY ASSISTANCE FOR CIVIL AU- ‘‘(iv) A major general of the regular Air recognized service in an active status in the THORITIES.—Chapter 1011 of title 10, United Force. National Guard; and

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‘‘(C) are in a grade above the grade of colo- (b) CLERICAL AMENDMENTS.—The tables of SEC. 947. ENHANCEMENT OF AUTHORITIES RE- nel. chapters at the beginning of title 10, United LATING TO THE UNITED STATES ‘‘(2) The Chief and Vice Chief of the Na- States Code, and at the beginning of part I of NORTHERN COMMAND AND OTHER tional Guard Bureau may not both be mem- subtitle A of such title, are each amended by COMBATANT COMMANDS. bers of the Army or of the Air Force. inserting after the item relating to chapter (a) COMMANDS RESPONSIBLE FOR SUPPORT ‘‘(3)(A) Except as provided in subparagraph 15 the following new item: TO CIVIL AUTHORITIES IN THE UNITED (B), an officer appointed as Vice Chief of the STATES.—The United States Northern Com- National Guard Bureau serves for a term of ‘‘16. Control of the Armed Forces in four years, but may be removed from office Activities Within the States and mand and the United States Pacific Com- at any time for cause. Possessions ...... 341’’. mand shall be the combatant commands of ‘‘(B) The term of the Vice Chief of the Na- the Armed Forces that are principally re- SEC. 946. FISCAL YEAR 2010 FUNDING FOR THE tional Guard Bureau shall end within a rea- NATIONAL GUARD FOR CERTAIN DO- sponsible for the support of civil authorities sonable time (as determined by the Sec- MESTIC ACTIVITIES. in the United States by the Armed Forces. retary of Defense) following the appointment (a) CONTINUITY OF OPERATIONS, CONTINUITY (b) DISCHARGE OF RESPONSIBILITY.—In dis- of a Chief of the National Guard Bureau who OF GOVERNMENT, AND CONSEQUENCE MANAGE- charging the responsibility set forth in sub- is a member of the same armed force as the MENT.— section (a), the Commander of the United Vice Chief. ‘‘(b) DUTIES.—The Vice Chief of the Na- (1) AUTHORIZATION OF APPROPRIATIONS.— States Northern Command and the Com- tional Guard Bureau performs such duties as There is hereby authorized to be appro- mander of the United States Pacific Com- may be prescribed by the Chief of the Na- priated for fiscal year 2010 for the Depart- mand shall each— tional Guard Bureau. ment of Defense amounts as follows: (1) in consultation with and acting through ‘‘(c) GRADE.—The Vice Chief of the Na- (A) For National Guard Personnel, Army, the Chief of the National Guard Bureau and tional Guard Bureau shall be appointed to $11,000,000. the Joint Force Headquarters of the Na- serve in the grade of lieutenant general. (B) For National Guard Personnel, Air tional Guard of the State or States con- ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When Force, $3,500,000. cerned, assist the States in the employment there is a vacancy in the office of the Chief (C) For Operation and Maintenance, Army of the National Guard under State control, of the National Guard Bureau or in the ab- National Guard, $11,000,000. including National Guard operations con- sence or disability of the Chief, the Vice (2) AVAILABILITY.—The amounts authorized ducted in State active duty or under title 32, Chief of the National Guard Bureau acts as to be appropriated by paragraph (1) shall be United States Code; and Chief and performs the duties of the Chief available to the Army National Guard and (2) facilitate the deployment of the Armed until a successor is appointed or the absence the Air National Guard, as applicable, for Forces on active duty under title 10, United of disability ceases.’’. costs of personnel in training and operations States Code, as necessary to augment and (2) CLERICAL AMENDMENT.—The table of with respect to continuity of operations, support the National Guard in its support of sections at the beginning of chapter 1011 of continuity of government, and consequence civil authorities when National Guard oper- such title is amended by striking the item management in connection with response to ations are conducted under State control, relating to section 10505 and inserting the terrorist and other attacks on the United whether in State active duty or under title following new items: States homeland and natural and man-made 32, United States Code. ‘‘10505. Vice Chief of the National Guard Bu- catastrophes in the United States. reau. (c) MEMORANDUM OF UNDERSTANDING.— ‘‘10505a. Director of the Joint Staff of the Na- (b) DOMESTIC OPERATIONS.— (1) MEMORANDUM REQUIRED.—Not later tional Guard Bureau.’’. (1) AUTHORIZATION OF APPROPRIATIONS.— than 180 days after the date of the enactment There is hereby authorized to be appro- (b) CONFORMING AMENDMENT.—Section of this Act, the Commander of the United priated for fiscal year 2010 for the Depart- 10506(a)(1) of such title is amended by strik- States Northern Command, the Commander ment of Defense, $300,000,000 for Operation ing ‘‘and the Director of the Joint Staff of of the United States Pacific Command, and the National Guard Bureau’’ and inserting ‘‘, and Maintenance, Defense-wide. the Chief of the National Guard Bureau the Vice Chief of the National Guard Bureau, (2) AVAILABILITY.—The amount authorized shall, with the approval of the Secretary of and the Director of the Joint Staff of the Na- to be appropriated by paragraph (1) shall be Defense, jointly enter into a memorandum of tional Guard Bureau’’. available for the Army National Guard and understanding setting forth the operational SEC. 945. STATE CONTROL OF FEDERAL MILI- the Air National Guard for emergency pre- relationships, and individual roles and re- TARY FORCES ENGAGED IN ACTIVI- paredness and response activities of the Na- sponsibilities, during responses to domestic TIES WITHIN THE STATES AND POS- tional Guard while in State status under emergencies among the United States North- SESSIONS. title 32, United States Code. ern Command, the United States Pacific (a) IN GENERAL.—Part I of subtitle A of (3) TRANSFER.—Amounts under the amount Command, and the National Guard Bureau. title 10, United States Code, is amended by authorized to be appropriated by paragraph (2) MODIFICATION.—The Commander of the inserting after chapter 15 the following new (1) shall be available for transfer to accounts United States Northern Command, the Com- chapter: for National Guard Personnel, Army, and mander of the United States Pacific Com- ‘‘CHAPTER 16—CONTROL OF THE ARMED National Guard Personnel, Air Force, for mand, and the Chief of the National Guard FORCES IN ACTIVITIES WITHIN THE purposes of the pay and allowances of mem- Bureau may from time to time modify the STATES AND POSSESSIONS bers of the National Guard in conducting ac- memorandum of understanding under this ‘‘Sec. tivities described in paragraph (2). subsection to address changes in cir- ‘‘341. Tactical control of the armed forces en- (c) JOINT OPERATIONS COORDINATION CEN- cumstances and for such other purposes as gaged in activities within the TERS.— the Commander of the United States North- States and possessions: emer- (1) AUTHORIZATION OF APPROPRIATIONS.— ern Command, the Commander of the United gency response activities. There is hereby authorized to be appro- States Pacific Command, and the Chief of ‘‘§ 341. Tactical control of the armed forces priated for fiscal year 2010 for the Depart- the National Guard Bureau jointly consider engaged in activities within the States and ment of Defense amounts as follows: appropriate. Each such modification shall be possessions: emergency response activities (A) For National Guard Personnel, Army, subject to the approval of the Secretary of ‘‘(a) IN GENERAL.—The Secretary of De- $28,000,000. Defense. fense shall prescribe in regulations policies (B) For National Guard Personnel, Air (d) AUTHORITY TO MODIFY ASSIGNMENT OF and procedures to assure that tactical con- Force, $7,000,000. COMMAND RESPONSIBILITY.—Nothing in this trol of the armed forces on active duty with- (2) AVAILABILITY.—The amounts authorized section shall be construed as altering or lim- in a State or possession is vested in the gov- to be appropriated by paragraph (1) shall be ernor of the State or possession, as the case available to the Army National Guard and iting the power of the President or the Sec- may be, when such forces are engaged in a the Air National Guard, as applicable, for retary of Defense to modify the Unified Com- domestic operation, including emergency re- costs of personnel in continuously staffing a mand Plan in order to assign all or part of sponse, within such State or possession. Joint Operations Coordination Center the responsibility described in subsection (a) ‘‘(b) DISCHARGE THROUGH JOINT FORCE (JOCC) in the Joint Forces Headquarters of to a combatant command other than the HEADQUARTERS.—The policies and procedures the National Guard in each State and Terri- United States Northern Command or the required under subsection (a) shall provide United States Pacific Command. for the discharge of tactical control by the tory for command and control and activation governor of a State or possession as de- of forces in response to terrorist and other (e) REGULATIONS.—The Secretary of De- scribed in that subsection through the Joint attacks on the United States homeland and fense shall prescribe regulations for purposes Force Headquarters of the National Guard in natural and man-made catastrophes in the of aiding the expeditious implementation of the State or possession, as the case may be, United States. the authorities and responsibilities in this acting through the officer of the National (d) SUPPLEMENT NOT SUPPLANT.—The section. Guard in command of the Headquarters. amounts authorized to be appropriated by ‘‘(c) POSSESSIONS DEFINED.—Notwith- subsections (a), (b), and (c) for the purposes SEC. 948. REQUIREMENTS RELATING TO NA- standing any provision of section 101(a) of set forth in such subsections are in addition TIONAL GUARD OFFICERS IN CER- this title, in this section, the term ‘posses- to any other amounts authorized to be ap- TAIN COMMAND POSITIONS. sions’ means the Commonwealth of Puerto propriated for fiscal year 2010 for the Depart- (a) COMMANDER OF ARMY NORTH COM- Rico, Guam, and the Virgin Islands.’’. ment of Defense for such purposes. MAND.—The officer serving in the position of

VerDate Nov 24 2008 04:08 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.059 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7425 Commander, Army North Command, shall be paragraph (1) shall make each report sub- ing ‘‘equal to’’ and all that follows and in- an officer in the Army National Guard of the mitted under subparagraph (A) available to serting ‘‘not less than the percentage by United States. the public online. which— (b) COMMANDER OF AIR FORCE NORTH COM- ‘‘(C) DEFINITION.—In this paragraph, the ‘‘(A) the average cost of undergraduate tui- MAND.—The officer serving in the position of term ‘appropriate committees of Congress’ tion in the United States, as determined by Commander, Air Force North Command, means— the National Center for Education Statistics, shall be an officer in the Air National Guard ‘‘(i) the Committee on Small Business and for the last academic year preceding the be- of the United States. Entrepreneurship of the Senate; and ginning of the fiscal year for which the in- (c) SENSE OF CONGRESS.—It is the sense of ‘‘(ii) the Committee on Small Business and crease is made, exceeds Congress that, in assigning officers to the the Committee on Science and Technology of ‘‘(B) the average cost of undergraduate tui- command positions specified in subsections the House of Representatives.’’. tion in the United States, as so determined, (a) and (b), the President should afford a SEC. 404. COMPETITIVE SELECTION PROCE- for the academic year preceding the aca- preference in assigning officers in the Army DURES FOR SBIR AND STTR PRO- demic year described in subparagraph (A).’’. National Guard of the United States or Air GRAMS. (b) EFFECTIVE DATE.—The amendment National Guard of the United States, as ap- Section 9 of the Small Business Act (15 made by subsection (a) shall take effect on plicable, who have served as the adjutant U.S.C. 638), as amended by this Act, is October 1, 2009, and shall apply to adjust- general of a State. amended by adding at the end the following: ments in amounts of educational assistance ‘‘(jj) COMPETITIVE SELECTION PROCEDURES for members of the Selected Reserve that are SA 1502. Mr. REID (for Mr. COBURN FOR SBIR AND STTR PROGRAMS.—All funds made for fiscal years beginning on or after (for himself and Mr. FEINGOLD)) pro- awarded, appropriated, or otherwise made that date. posed an amendment to the bill S. 1233, available in accordance with subsection (f) to reauthorize and improve the SBIR or (n) must be awarded pursuant to competi- f tive and merit-based selection procedures.’’. and STTR programs and for other pur- NOTICE OF HEARING poses; as follows: SA 1503. Mr. NELSON of Florida (for COMMITTEE ON RULES AND ADMINISTRATION On page 61, line 20, strike ‘‘2023’’ and insert himself and Mr. VITTER) submitted an Mr. SCHUMER. Mr. President, I wish ‘‘2017’’. amendment intended to be proposed by On page 61, line 23, strike ‘‘2023’’ and insert to announce that the Committee on ‘‘2017’’. him to the bill S. 1390, to authorize ap- Rules and Administration will meet on At the end, add the following: propriations for fiscal year 2010 for Wednesday, July 15, 2009, at 9:30 a.m. to military activities of the Department SEC. 402. PRIORITIES FOR CERTAIN RESEARCH conduct a markup of S. 1415, the Mili- INITIATIVES. of Defense, for military construction, tary and Overseas Voter Empowerment (a) IN GENERAL.—Section 9 of the Small and for defense activities of the De- Act. Business Act (15 U.S.C. 638), as amended by partment of Energy, to prescribe mili- For further information regarding this Act, is amended by adding at the end tary personnel strengths for such fiscal the following: this hearing, please contact Jean year, and for other purposes; which was ‘‘(hh) RESEARCH INITIATIVES.—To the ex- Bordewich at the Rules and Adminis- ordered to lie on the table; as follows: tent that such projects relate to the mission tration Committee, 202–224–6352. of the Federal agency, each Federal agency Beginning on page 419, strike line 10 and participating in the SBIR program or STTR all that follows through page 420, line 2, and f program shall encourage the submission of insert the following: applications for support of projects relating (a) IN GENERAL.—Section 2281(d) of title 10, AUTHORITY FOR COMMITTEES TO to security, energy, transportation, or im- United States Code, is amended— MEET (1) in paragraph (1)— proving the security and quality of the water COMMITTEE ON HEALTH, EDUCATION, LABOR, (A) by striking ‘‘the Secretary of Defense’’ supply of the United States to such pro- AND PENSIONS gram.’’. and inserting ‘‘the Deputy Secretary of De- (b) SUNSET.—Effective October 1, 2014, sec- fense and the Deputy Secretary of Transpor- Mr. LEVIN. Mr. President, I ask tion 9(hh) of the Small Business Act, as tation, in their capacity as co-chairs of the unanimous consent that the Com- added by subsection (a) of this section, is re- National Executive Committee for Space- mittee on Health, Education, Labor, pealed. Based Positioning, Navigation, and Tim- and Pensions be authorized to meet SEC. 403. REPORT ON SBIR AND STTR PROGRAM ing,’’; and during the session of the Senate on GOALS. (B) by striking ‘‘the Committee on Armed Monday, July 13, 2009, at 2 p.m. in room Section 9 of the Small Business Act (15 Services of the Senate and the Committee on U.S.C. 638), as amended by this Act, is 325 of the Russell Senate Office Build- Armed Services of the House of Representa- ing. amended by adding at the end the following: tives’’ and inserting ‘‘Congress’’; and ‘‘(ii) ANNUAL REPORT ON SBIR AND STTR (2) by striking paragraph (2) and inserting The PRESIDING OFFICER. Without PROGRAM GOALS.— the following new paragraph (2): objection, it is so ordered. ‘‘(1) DEVELOPMENT OF METRICS.—The head ‘‘(2) In preparing each report required COMMITTEE ON THE JUDICIARY of each Federal agency required to partici- under paragraph (1), the Deputy Secretary of pate in the SBIR program or the STTR pro- Mr. LEVIN. Mr. President, I ask Defense and the Deputy Secretary of Trans- unanimous consent that the Com- gram shall develop metrics to evaluate the portation, in their capacity as co-chairs of effectiveness, and the benefit to the people of the National Executive Committee for mittee on the Judiciary be authorized the United States, of the SBIR program and Space-Based Positioning, Navigation, and to meet during the session of the Sen- the STTR program of the Federal agency Timing, shall consult with the Secretary of ate, on July 13, 2009, at 10 a.m., in room that— Defense, the Secretary of State, the Sec- SH–216 of the Hart Senate Office Build- ‘‘(A) are science-based and statistically retary of Transportation, and the Secretary ing, to conduct a hearing on the nomi- driven; of Homeland Security.’’. nation of Sonia Sotomayor to be an As- ‘‘(B) reflect the mission of the Federal agency; and SA 1504. Mrs. LINCOLN (for herself sociate Justice of the Supreme Court of ‘‘(C) include factors relating to the eco- and Mr. CRAPO) submitted an amend- the United States. nomic impact of the programs. ment intended to be proposed by her to The PRESIDING OFFICER. Without ‘‘(2) EVALUATION.—The head of each Fed- the bill S. 1390, to authorize appropria- objection, it is so ordered. eral agency described in paragraph (1) shall tions for fiscal year 2010 for military f conduct an annual evaluation using the activities of the Department of De- metrics developed under paragraph (1) of— PRIVILEGES OF THE FLOOR ‘‘(A) the SBIR program and the STTR pro- fense, for military construction, and gram of the Federal agency; and for defense activities of the Depart- Mr. MCCAIN. I ask unanimous con- ‘‘(B) the benefits to the people of the ment of Energy, to prescribe military sent that LCDR Ryan Farris, Mr. Yariv United States of the SBIR program and the personnel strengths for such fiscal Pierce, and Mr. Stratton Kirton be STTR program of the Federal agency. year, and for other purposes; which was granted the privileges of the floor for ‘‘(3) REPORT.— ordered to lie on the table; as follows: the remainder of the week on the be- ‘‘(A) IN GENERAL.—The head of each Fed- At the end of subtitle C of title V, add the half of Senator NELSON of Florida. eral agency described in paragraph (1) shall following: The PRESIDING OFFICER. Without submit to the appropriate committees of SEC. 524. MODIFICATION OF BASIS FOR ANNUAL objection, it is so ordered. Congress and the Administrator an annual ADJUSTMENTS IN AMOUNTS OF EDU- Mr. LEAHY. Mr. President, on behalf report describing in detail the results of an CATIONAL ASSISTANCE FOR MEM- evaluation conducted under paragraph (2). BERS OF THE SELECTED RESERVE. of Senator DODD, I ask unanimous con- ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The (a) IN GENERAL.—Section 16131(b)(2) of title sent the military fellow in his office, head of each Federal agency described in 10, United States Code, is amended by strik- CPT Lindsay George, be granted the

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JY6.059 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7426 CONGRESSIONAL RECORD — SENATE July 13, 2009 privilege of the floor for the remainder Sec. 206. Nanotechnology initiative. ‘‘(G) not less than 2.9 percent of such budget of this legislation session. Sec. 207. Accelerating cures. in fiscal year 2014; The PRESIDING OFFICER. Without TITLE III—OVERSIGHT AND EVALUATION ‘‘(H) not less than 3.0 percent of such budget objection, it is so ordered. Sec. 301. Streamlining annual evaluation re- in fiscal year 2015; ‘‘(I) not less than 3.1 percent of such budget Mr. LEAHY. Mr. President, on behalf quirements. Sec. 302. Data collection from agencies for in fiscal year 2016; of the majority leader, I ask unani- ‘‘(J) not less than 3.2 percent of such budget mous consent that LTC Joseph J. Mar- SBIR. Sec. 303. Data collection from agencies for in fiscal year 2017; tin, a U.S. Army Special Forces officer STTR. ‘‘(K) not less than 3.3 percent of such budget currently serving as his military legis- Sec. 304. Public database. in fiscal year 2018; lative fellow this year, be granted the Sec. 305. Government database. ‘‘(L) not less than 3.4 percent of such budget privilege of the floor for the duration Sec. 306. Accuracy in funding base calcula- in fiscal year 2019; and of S. 1390, the National Defense Au- tions. ‘‘(M) not less than 3.5 percent of such budget in fiscal year 2020 and each fiscal year there- thorization Act for fiscal year 2010. Sec. 307. Continued evaluation by the National Academy of Sciences. after,’’; and The PRESIDING OFFICER. Without (2) in paragraph (2)— objection, it is so ordered. Sec. 308. Technology insertion reporting requirements. (A) by redesignating subparagraphs (A) and Mr. CARPER. Madam President, on Sec. 309. Intellectual property protections. (B) as clauses (i) and (ii), respectively, and ad- behalf of Senator BOXER, I ask unani- justing the margins accordingly; TITLE IV—POLICY DIRECTIVES mous consent that Mara Boggs, an (B) by striking ‘‘A Federal agency’’ and in- Sec. 401. Conforming amendments to the SBIR Army fellow with the office of Senator serting the following: and the STTR Policy Directives. ‘‘(A) IN GENERAL.—A Federal agency’’; and BOXER be granted the privilege of the SEC. 3. DEFINITIONS. (C) by adding at the end the following: floor during consideration of S. 1390, In this Act— ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- the defense authorization bill. (1) the terms ‘‘Administration’’ and ‘‘Adminis- MENT OF ENERGY.—For the Department of De- The PRESIDING OFFICER. Without trator’’ mean the Small Business Administration fense and the Department of Energy, to the objection, it is so ordered. and the Administrator thereof, respectively; greatest extent practicable, the percentage of the f (2) the terms ‘‘extramural budget’’, ‘‘Federal extramural budget in excess of 2.5 percent re- agency’’, ‘‘Small Business Innovation Research quired to be expended with small business con- SBIR/STTR REAUTHORIZATION ACT Program’’, ‘‘SBIR’’, ‘‘Small Business Tech- cerns under subparagraphs (D) through (M) of OF 2009 nology Transfer Program’’, and ‘‘STTR’’ have paragraph (1)— Mr. REID. Mr. President, I ask unan- the meanings given such terms in section 9 of ‘‘(i) may not be used for new Phase I or Phase the Small Business Act (15 U.S.C. 638); and II awards; and imous consent that the Senate proceed (3) the term ‘‘small business concern’’ has the ‘‘(ii) shall be used for activities that further to the consideration of Calendar No. 94, same meaning as under section 3 of the Small the readiness levels of technologies developed S. 1233. Business Act (15 U.S.C. 632). under Phase II awards, including conducting The PRESIDING OFFICER. The TITLE I—REAUTHORIZATION OF THE SBIR testing and evaluation to promote the transition clerk will report the bill by title. AND STTR PROGRAMS of such technologies into commercial or defense products, or systems furthering the mission The assistant legislative clerk read SEC. 101. EXTENSION OF TERMINATION DATES. needs of the Department of Defense or the De- as follows: (a) SBIR.—Section 9(m) of the Small Business partment of Energy, as the case may be.’’. A bill (S. 1233) to reauthorize and improve Act (15 U.S.C. 638(m)) is amended by striking the SBIR and STTR programs, and for other ‘‘2008’’ and inserting ‘‘2023’’. SEC. 104. STTR ALLOCATION INCREASE. purposes. (b) STTR.—Section 9(n)(1)(A) of the Small Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 638(n)(1)(B)) is amended— There being no objection, the Senate Business Act (15 U.S.C. 638(n)(1)(A)) is amended by striking ‘‘2009’’ and inserting ‘‘2023’’. (1) in clause (i), by striking ‘‘and’’ at the end; proceeded to consider the bill, which (2) in clause (ii), by striking ‘‘thereafter.’’ and had been reported from the Committee SEC. 102. STATUS OF THE OFFICE OF TECH- NOLOGY. inserting ‘‘through fiscal year 2010;’’; and on Small Business and Entrepreneur- Section 9(b) of the Small Business Act (15 (3) by adding at the end the following: ship, with an amendment to strike all U.S.C. 638(b)) is amended— ‘‘(iii) 0.4 percent for fiscal years 2011 and 2012; after the enacting clause and insert in (1) in paragraph (7), by striking ‘‘and’’ at the ‘‘(iv) 0.5 percent for fiscal years 2013 and 2014; lieu thereof the following: end; and ‘‘(v) 0.6 percent for fiscal year 2015 and each SECTION 1. SHORT TITLE. (2) in paragraph (8), by striking the period at fiscal year thereafter.’’. This Act may be cited as the ‘‘SBIR/STTR Re- the end and inserting ‘‘; and’’; authorization Act of 2009’’. (3) by redesignating paragraph (8) as para- SEC. 105. SBIR AND STTR AWARD LEVELS. (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of SEC. 2. TABLE OF CONTENTS. graph (9); and the Small Business Act (15 U.S.C. 638(j)(2)(D)) is The table of contents for this Act is as follows: (4) by adding at the end the following: ‘‘(10) to maintain an Office of Technology to amended— Sec. 1. Short title. carry out the responsibilities of the Administra- (1) by striking ‘‘$100,000’’ and inserting Sec. 2. Table of contents. tion under this section, which shall be— ‘‘$150,000’’; and Sec. 3. Definitions. ‘‘(A) headed by the Assistant Administrator (2) by striking ‘‘$750,000’’ and inserting TITLE I—REAUTHORIZATION OF THE SBIR for Technology, who shall report directly to the ‘‘$1,000,000’’. AND STTR PROGRAMS Administrator; and (b) STTR ADJUSTMENTS.—Section Sec. 101. Extension of termination dates. ‘‘(B) independent from the Office of Govern- 9(p)(2)(B)(ix) of the Small Business Act (15 Sec. 102. Status of the Office of Technology. ment Contracting of the Administration and suf- U.S.C. 638(p)(2)(B)(ix)) is amended— Sec. 103. SBIR allocation increase. ficiently staffed and funded to comply with the (1) by striking ‘‘$100,000’’ and inserting Sec. 104. STTR allocation increase. oversight, reporting, and public database re- ‘‘$150,000’’; and Sec. 105. SBIR and STTR award levels. sponsibilities assigned to the Office of Tech- (2) by striking ‘‘$750,000’’ and inserting Sec. 106. Agency and program collaboration. nology by the Administrator.’’. ‘‘$1,000,000’’. Sec. 107. Elimination of Phase II invitations. SEC. 103. SBIR ALLOCATION INCREASE. (c) TRIENNIAL ADJUSTMENTS.—Section 9 of the Sec. 108. Majority-venture investments in SBIR Section 9(f) of the Small Business Act (15 Small Business Act (15 U.S.C. 638) is amended— firms. U.S.C. 638(f)) is amended— (1) in subsection (j)(2)(D)— Sec. 109. SBIR and STTR special acquisition (1) in paragraph (1)— (A) by striking ‘‘5 years’’ and inserting ‘‘3 preference. (A) in the matter preceding subparagraph (A), years’’; and Sec. 110. Collaborating with Federal labora- by striking ‘‘Each’’ and inserting ‘‘Except as (B) by striking ‘‘and programmatic consider- tories and research and develop- provided in paragraph (2)(C), each’’; ations’’; and ment centers. (B) in subparagraph (B), by striking ‘‘and’’ at (2) in subsection (p)(2)(B)(ix) by striking Sec. 111. Notice requirement. the end; and ‘‘greater or lesser amounts to be awarded at the TITLE II—OUTREACH AND (C) by striking subparagraph (C) and insert- discretion of the awarding agency,’’ and insert- COMMERCIALIZATION INITIATIVES ing the following: ing ‘‘an adjustment for inflation of such Sec. 201. Rural and State outreach. ‘‘(C) not less than 2.5 percent of such budget amounts once every 3 years,’’. Sec. 202. SBIR–STEM Workforce Development in each of fiscal years 2009 and 2010; (d) LIMITATION ON CERTAIN AWARDS.—Section Grant Pilot Program. ‘‘(D) not less than 2.6 percent of such budget 9 of the Small Business Act (15 U.S.C. 638) is Sec. 203. Technical assistance for awardees. in fiscal year 2011; amended by adding at the end the following: Sec. 204. Commercialization program at Depart- ‘‘(E) not less than 2.7 percent of such budget ‘‘(aa) LIMITATION ON CERTAIN AWARDS.— ment of Defense. in fiscal year 2012; ‘‘(1) LIMITATION.—No Federal agency may Sec. 205. Commercialization Pilot Program for ‘‘(F) not less than 2.8 percent of such budget issue an award under the SBIR program or the civilian agencies. in fiscal year 2013; STTR program if the size of the award exceeds

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 6333 E:\CR\FM\G13JY6.029 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7427 the award guidelines established under this sec- ‘‘(B) with respect to the STTR program, the (II) by striking ‘‘first phase’’ and inserting tion by more than 50 percent. second phase described in paragraph (6)(B); and ‘‘Phase I’’; and ‘‘(2) MAINTAINANCE OF INFORMATION.—Par- ‘‘(12) the term ‘Phase III’ means— (ii) in subparagraph (B)— ticipating agencies shall maintain information ‘‘(A) with respect to the SBIR program, the (I) in the subparagraph heading, by striking on awards exceeding the guidelines established third phase described in paragraph (4)(C); and ‘‘SECOND PHASE’’ and inserting ‘‘PHASE II’’; and under this section, including— ‘‘(B) with respect to the STTR program, the (II) by striking ‘‘second phase’’ and inserting ‘‘(A) the amount of each award; third phase described in paragraph (6)(C).’’; ‘‘Phase II’’; ‘‘(B) a justification for exceeding the award (B) in subsection (j)— (H) in subsection (r)— amount; (i) in paragraph (1)(B), by striking ‘‘phase (i) in the subsection heading, by striking ‘‘(C) the identity and location of each award two’’ and inserting ‘‘Phase II’’; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; recipient; and (ii) in paragraph (2)— (ii) in paragraph (1)— ‘‘(D) whether a recipient has received any (I) in subparagraph (B)— (I) in the first sentence— venture capital investment and, if so, whether (aa) by striking ‘‘the third phase’’ each place (aa) by striking ‘‘for the second phase’’ and the recipient is majority-owned and controlled it appears and inserting ‘‘Phase III’’; and inserting ‘‘for Phase II’’; by multiple venture capital companies. (bb) by striking ‘‘the second phase’’ and in- (bb) by striking ‘‘third phase’’ and inserting ‘‘(3) REPORTS.—The Administrator shall inserting ‘‘Phase II’’; ‘‘Phase III’’; and clude the information described in paragraph (2) (II) in subparagraph (D)— (cc) by striking ‘‘second phase period’’ and in- in the annual report of the Administrator to (aa) by striking ‘‘the first phase’’ and insert- serting ‘‘Phase II period’’; and Congress. ing ‘‘Phase I’’; and (II) in the second sentence— ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this (bb) by striking ‘‘the second phase’’ and in- (aa) by striking ‘‘second phase’’ and inserting subsection shall be construed to prevent a Fed- serting ‘‘Phase II’’; ‘‘Phase II’’; and eral agency from supplementing an award under (III) in subparagraph (F), by striking ‘‘the (bb) by striking ‘‘third phase’’ and inserting the SBIR program or the STTR program using third phase’’ and inserting ‘‘Phase III’’; ‘‘Phase III’’; and funds of the Federal agency that are not part of (IV) in subparagraph (G)— (iii) in paragraph (2), by striking ‘‘third the SBIR program or the STTR program of the (aa) by striking ‘‘the first phase’’ and insert- phase’’ and inserting ‘‘Phase III’’; and Federal agency.’’. ing ‘‘Phase I’’; and (I) in subsection (u)(2)(B), by striking ‘‘the SEC. 106. AGENCY AND PROGRAM COLLABORA- (bb) by striking ‘‘the second phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; TION. serting ‘‘Phase II’’; and (2) in section 34— Section 9 of the Small Business Act (15 U.S.C. (V) in subparagraph (H)— (A) in subsection (c)(2)(B)(ii), by striking 638), as amended by this Act, is amended by (aa) by striking ‘‘the first phase’’ and insert- ‘‘first phase and second phase SBIR awards’’ adding at the end the following: ing ‘‘Phase I’’; and inserting ‘‘Phase I and Phase II SBIR ‘‘(bb) SUBSEQUENT PHASES.— (bb) by striking ‘‘second phase’’ each place it awards (as defined in section 9(e))’’; and ‘‘(1) AGENCY COLLABORATION.—A small busi- appears and inserting ‘‘Phase II’’; and (B) in subsection (e)(2)(A)— ness concern that received an award from a (cc) by striking ‘‘third phase’’ and inserting (i) in clause (i), by striking ‘‘first phase Federal agency under this section shall be eligi- ‘‘Phase III’’; and awards’’ and all that follows and inserting ble to receive an award for a subsequent phase (iii) in paragraph (3)— ‘‘Phase I awards (as defined in section 9(e));’’; from another Federal agency, if the head of (I) in subparagraph (A)— and each relevant Federal agency or the relevant (aa) by striking ‘‘the first phase (as described (ii) by striking ‘‘first phase’’ each place it ap- component of the Federal agency makes a writ- in subsection (e)(4)(A))’’ and inserting ‘‘Phase pears and inserting ‘‘Phase I’’; and ten determination that the topics of the relevant I’’; (3) in section 35(c)(2)(B)(vii), by striking awards are the same and both agencies report (bb) by striking ‘‘the second phase (as de- ‘‘third phase’’ and inserting ‘‘Phase III’’. the awards to the Administrator for inclusion in scribed in subsection (e)(4)(B))’’ and inserting SEC. 108. MAJORITY-VENTURE INVESTMENTS IN the public database under subsection (k). ‘‘Phase II’’; and SBIR FIRMS. ‘‘(2) SBIR AND STTR COLLABORATION.—A small (cc) by striking ‘‘the third phase (as described (a) IN GENERAL.—Section 9 of the Small Busi- business concern which received an award in subsection (e)(4)(C))’’ and inserting ‘‘Phase ness Act (15 U.S.C. 638), as amended by this Act, under this section under the SBIR program or III’’; and is amended by adding at the end the following: the STTR program may receive an award under (II) in subparagraph (B), by striking ‘‘second ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN this section for a subsequent phase in either the phase’’ and inserting ‘‘Phase II’’; SBIR FIRMS.— SBIR program or the STTR program and the (C) in subsection (k)— ‘‘(1) AUTHORITY AND DETERMINATION.— participating agency or agencies shall report the (i) by striking ‘‘first phase’’ each place it ap- ‘‘(A) IN GENERAL.—Upon a written determina- awards to the Administrator for inclusion in the pears and inserting ‘‘Phase I’’; and tion provided not later than 30 days in advance public database under subsection (k).’’. (ii) by striking ‘‘second phase’’ each place it to the Administrator and to the Committee on Small Business and Entrepreneurship of the SEC. 107. ELIMINATION OF PHASE II INVITA- appears and inserting ‘‘Phase II’’; TIONS. (D) in subsection (l)(2)— Senate and the Committee on Small Business of the House of Representatives— (a) IN GENERAL.—Section 9(e) of the Small (i) by striking ‘‘the first phase’’ and inserting Business Act (15 U.S.C. 638(e)) is amended— ‘‘Phase I’’; and ‘‘(i) the Director of the National Institutes of (1) in paragraph (4)(B), by striking ‘‘to fur- (ii) by striking ‘‘the second phase’’ and insert- Health may award not more than 18 percent of ther’’ and inserting: ‘‘which shall not include ing ‘‘Phase II’’; the SBIR funds of the National Institutes of any invitation, pre-screening, pre-selection, or (E) in subsection (o)(13)— Health allocated in accordance with this Act, in down-selection process for eligibility for the sec- (i) in subparagraph (B), by striking ‘‘second the first full fiscal year beginning after the date ond phase, that will further’’; and phase’’ and inserting ‘‘Phase II’’; and of enactment of this subsection, and each fiscal (2) in paragraph (6)(B), by striking ‘‘to fur- (ii) in subparagraph (C), by striking ‘‘third year thereafter, to small business concerns that ther develop proposed ideas to’’ and inserting phase’’ and inserting ‘‘Phase III’’; are owned in majority part by venture capital ‘‘which shall not include any invitation, pre- (F) in subsection (p)— companies and that satisfy the qualification re- screening, pre-selection, or down-selection proc- (i) in paragraph (2)(B)— quirements under paragraph (2) through com- ess for eligibility for the second phase, that will (I) in clause (vi)— petitive, merit-based procedures that are open to further develop proposals that’’. (aa) by striking ‘‘the second phase’’ and in- all eligible small business concerns; and (b) TECHNICAL AND CONFORMING AMEND- serting ‘‘Phase II’’; and ‘‘(ii) the head of any other Federal agency MENTS.—The Small Business Act (15 U.S.C. 638) (bb) by striking ‘‘the third phase’’ and insert- participating in the SBIR program may award is amended— ing ‘‘Phase III’’; and not more than 8 percent of the SBIR funds of (1) in section 9— (II) in clause (ix)— the Federal agency allocated in accordance with (A) in subsection (e)— (aa) by striking ‘‘the first phase’’ and insert- this Act, in the first full fiscal year beginning (i) in paragraph (8), by striking ‘‘and’’ at the ing ‘‘Phase I’’; and after the date of enactment of this subsection, end; (bb) by striking ‘‘the second phase’’ and in- and each fiscal year thereafter, to small busi- (ii) in paragraph (9)— serting ‘‘Phase II’’; and ness concerns that are majority owned by ven- (I) by striking ‘‘the second or the third phase’’ (ii) in paragraph (3)— ture capital companies and that satisfy the and inserting ‘‘Phase II or Phase III’’; and (I) by striking ‘‘the first phase (as described in qualification requirements under paragraph (2) (II) by striking the period at the end and in- subsection (e)(6)(A))’’ and inserting ‘‘Phase I’’; through competitive, merit-based procedures serting a semicolon; and (II) by striking ‘‘the second phase (as de- that are open to all eligible small business con- (iii) by adding at the end the following: scribed in subsection (e)(6)(B))’’ and inserting cerns. ‘‘(10) the term ‘Phase I’ means— ‘‘Phase II’’; and ‘‘(B) DETERMINATION.—A written determina- ‘‘(A) with respect to the SBIR program, the (III) by striking ‘‘the third phase (as described tion made under subparagraph (A) shall explain first phase described in paragraph (4)(A); and in subsection (e)(6)(A))’’ and inserting ‘‘Phase how the use of the authority under that sub- ‘‘(B) with respect to the STTR program, the III’’; paragraph will induce additional venture cap- first phase described in paragraph (6)(A); (G) in subsection (q)(3)— ital funding of small business innovations, sub- ‘‘(11) the term ‘Phase II’ means— (i) in subparagraph (A)— stantially contribute to the mission of the fund- ‘‘(A) with respect to the SBIR program, the (I) in the subparagraph heading, by striking ing Federal agency, demonstrate a need for pub- second phase described in paragraph (4)(B); and ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; and lic research, and otherwise fulfill the capital

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.033 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7428 CONGRESSIONAL RECORD — SENATE July 13, 2009 needs of small business concerns for additional SEC. 110. COLLABORATING WITH FEDERAL LAB- fiscal years 2010 through 2014, the Administrator financing for the SBIR project. ORATORIES AND RESEARCH AND DE- may expend with eligible States not more than VELOPMENT CENTERS. ‘‘(2) QUALIFICATION REQUIREMENTS.—The Ad- $5,000,000 in each such fiscal year in order to in- ministrator shall establish requirements relating Section 9 of the Small Business Act (15 U.S.C. crease the participation of small business con- to the affiliation by small business concerns 638), as amended by this Act, is amended by cerns located in those States in the programs with venture capital companies, which may not adding at the end the following: under this section. ‘‘(dd) COLLABORATING WITH FEDERAL LAB- exclude a United States small business concern ‘‘(3) AMOUNT OF ASSISTANCE.—The amount of ORATORIES AND RESEARCH AND DEVELOPMENT from participation in the program under para- assistance provided to an eligible State under CENTERS.— graph (1) on the basis that the small business this subsection in any fiscal year— ‘‘(1) AUTHORIZATION.—Subject to the limita- concern is owned in majority part by, or con- ‘‘(A) shall be equal to not more than 50 per- tions under this section, the head of each par- trolled by, more than 1 United States venture cent of the total amount of matching funds from ticipating Federal agency may make SBIR and capital company, so long as no single venture non-Federal sources provided by the State; and STTR awards to any eligible small business con- capital company owns more than 49 percent of ‘‘(B) shall not exceed $100,000. cern that— the small business concern. ‘‘(4) USE OF ASSISTANCE.—Assistance provided ‘‘(A) intends to enter into an agreement with to an eligible State under this subsection shall ‘‘(3) REGISTRATION.—A small business concern a Federal laboratory or federally funded re- be used by the State, in consultation with State that is majority owned and controlled by mul- search and development center for portions of tiple venture capital companies and qualified and local departments and agencies, for pro- the activities to be performed under that award; grams and activities to increase the participa- for participation in the program authorized or under paragraph (1) shall— tion of small business concerns located in the ‘‘(B) has entered into a cooperative research State in the programs under this section, includ- ‘‘(A) register with the Administrator on the and development agreement (as defined in sec- ing— date that the small business concern submits an tion 12(d) of the Stevenson-Wydler Technology ‘‘(A) the establishment of quantifiable per- application for an award under the SBIR pro- Innovation Act of 1980 (15 U.S.C. 3710a(d))) formance goals, including goals relating to— gram; and with a Federal laboratory. ‘‘(i) the number of program awards under this ‘‘(B) indicate whether the small business con- ‘‘(2) PROHIBITION.—No Federal agency shall— section made to small business concerns in the cern is registered under subparagraph (A) in ‘‘(A) condition an SBIR or STTR award upon State; and any SBIR proposal. entering into agreement with any Federal lab- ‘‘(ii) the total amount of Federal research and ‘‘(4) COMPLIANCE.—A Federal agency de- oratory or any federally funded laboratory or development contracts awarded to small busi- scribed in paragraph (1) shall collect data re- research and development center for any portion ness concerns in the State; garding the number and dollar amounts of of the activities to be performed under that ‘‘(B) the provision of competition outreach phase I, phase II, and all other categories of award; support to small business concerns in the State awards under the SBIR program, and the Ad- ‘‘(B) approve an agreement between a small that are involved in research and development; ministrator shall report on the data and the business concern receiving a SBIR or STTR and compliance of each such Federal agency with award and a Federal laboratory or federally ‘‘(C) the development and dissemination of the maximum amounts under paragraph (1) as funded laboratory or research and development educational and promotional information relat- part of the annual report by the Administration center, if the small business concern performs a ing to the programs under this section to small under subsection (b)(7). lesser portion of the activities to be performed business concerns in the State.’’. ‘‘(5) ENFORCEMENT.—If a Federal agency under that award than required by this section (b) FEDERAL AND STATE PROGRAM EXTEN- awards more than the amount authorized under and by the SBIR Policy Directive and the STTR SION.—Section 34 of the Small Business Act (15 paragraph (1) for a purpose described in para- Policy Directive of the Administrator; or U.S.C. 657d) is amended— graph (1), the amount awarded in excess of the ‘‘(C) approve an agreement that violates any (1) in subsection (h), by striking ‘‘2001 amount authorized under paragraph (1) shall be provision, including any data rights protections through 2005’’ each place it appears and insert- transferred to the funds for general SBIR pro- provision, of this section or the SBIR and the ing ‘‘2010 through 2014’’; and grams from the non-SBIR research and develop- STTR Policy Directives. (2) in subsection (i), by striking ‘‘2005’’ and ment funds of the Federal agency within 60 ‘‘(3) IMPLEMENTATION.—Not later than 180 inserting ‘‘2014’’. days of the date on which the Federal agency days after the date of enactment of this sub- (c) MATCHING REQUIREMENTS.—Section awarded more than the amount authorized section, the Administrator shall modify the 34(e)(2) of the Small Business Act (15 U.S.C. under paragraph (1) for a purpose described in SBIR Policy Directive and the STTR Policy Di- 657d(e)(2)) is amended— paragraph (1).’’. rective issued under this section to ensure that (1) in subparagraph (A)— small business concerns— (A) in clause (i), by striking ‘‘50 cents’’ and (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) have the flexibility to use the resources inserting ‘‘35 cents’’; and MENT.—Section 3 of the Small Business Act (15 of the Federal laboratories and federally funded (B) in clause (iii), by striking ‘‘75 cents’’ and U.S.C. 632) is amended by adding at the end the research and development centers; and inserting ‘‘50 cents’’; following: ‘‘(B) are not mandated to enter into agree- (2) in subparagraph (B), by striking ‘‘50 ‘‘(t) VENTURE CAPITAL COMPANY.—In this Act, ment with any Federal laboratory or any feder- cents’’ and inserting ‘‘35 cents’’; the term ‘venture capital company’ means an ally funded laboratory or research and develop- (3) by redesignating subparagraphs (C) and entity described in clause (i), (v), or (vi) of sec- ment center as a condition of an award.’’. (D) as subparagraphs (D) and (E), respectively; tion 121.103(b)(5) of title 13, Code of Federal and Regulations (or any successor thereto).’’. SEC. 111. NOTICE REQUIREMENT. The head of any Federal agency involved in a (4) by inserting after subparagraph (B) the (c) ASSISTANCE FOR DETERMINING AFFILI- case or controversy before any Federal judicial following: ATES.—Not later than 30 days after the date of ‘‘(C) RURAL AREAS.— or administrative tribunal concerning the SBIR enactment of this Act, the Administrator shall ‘‘(i) IN GENERAL.—Except as provided in program or the STTR program shall provide post on the website of the Administration (with clause (ii), the non-Federal share of the cost of timely notice, as determined by the Adminis- a direct link displayed on the homepage of the the activity carried out using an award or trator, of the case or controversy to the Admin- website of the Administration or the SBIR under a cooperative agreement under this sec- istrator. website of the Administration)— tion shall be 35 cents for each Federal dollar (1) a clear explanation of the SBIR affiliation TITLE II—OUTREACH AND that will be directly allocated by a recipient de- rules under part 121 of title 13, Code of Federal COMMERCIALIZATION INITIATIVES scribed in paragraph (A) to serve small business Regulations; and SEC. 201. RURAL AND STATE OUTREACH. concerns located in a rural area. (2) contact information for officers or employ- (a) OUTREACH.—Section 9 of the Small Busi- ‘‘(ii) ENHANCED RURAL AWARDS.—For a recipi- ees of the Administration who— ness Act (15 U.S.C. 638) is amended by inserting ent located in a rural area that is located in a (A) upon request, shall review an issue relat- after subsection (r) the following: State described in subparagraph (A)(i), the non- ing to the rules described in paragraph (1); and ‘‘(s) OUTREACH.— Federal share of the cost of the activity carried ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this out using an award or under a cooperative (B) shall respond to a request under subpara- subsection, the term ‘eligible State’ means a agreement under this section shall be 15 cents graph (A) not later than 20 business days after State— for each Federal dollar that will be directly allo- the date on which the request is received. ‘‘(A) for which the total value of contracts cated by a recipient described in paragraph (A) SEC. 109. SBIR AND STTR SPECIAL ACQUISITION awarded to the State under this section during to serve small business concerns located in the PREFERENCE. the most recent fiscal year for which data is rural area. Section 9(r) of the Small Business Act (15 available was less than $5,000,000; and ‘‘(iii) DEFINITION OF RURAL AREA.—In this U.S.C. 638(r)) is amended by adding at the end ‘‘(B) that certifies to the Administrator that subparagraph, the term ‘rural area’ has the the following: the State will, upon receipt of assistance under meaning given that term in section 1393(a)(2)) of ‘‘(4) PHASE III AWARDS.—To the greatest ex- this subsection, provide matching funds from the Internal Revenue Code of 1986.’’. tent practicable, Federal agencies and Federal non-Federal sources in an amount that is not SEC. 202. SBIR–STEM WORKFORCE DEVELOPMENT prime contractors shall issue Phase III awards less than 50 percent of the amount provided GRANT PILOT PROGRAM. relating to technology, including sole source under this subsection. (a) PILOT PROGRAM ESTABLISHED.—From awards, to the SBIR and STTR award recipients ‘‘(2) PROGRAM AUTHORITY.—Of amounts made amounts made available to carry out this sec- that developed the technology.’’. available to carry out this section for each of tion, the Administrator shall establish a SBIR–

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.033 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7429 STEM Workforce Development Grant Pilot Pro- (5) in paragraph (4), by inserting ‘‘or Small that will be acquired by the Federal Government gram to encourage the business community to Business Technology Transfer Program’’ after unless new private, Federal non-SBIR, or Fed- provide workforce development opportunities for ‘‘Small Business Innovation Research Pro- eral non-STTR funding that at least matches college students, in the fields of science, tech- gram’’; the award from the Federal agency is provided nology, engineering, and math (in this section (6) by striking paragraph (6); for the SBIR or STTR Phase II technology. referred to as ‘‘STEM college students’’), by pro- (7) by redesignating paragraph (5) as para- ‘‘(5) ELIGIBILITY FOR AWARD.—The head of a viding a SBIR bonus grant. graph (7); and Federal agency may make an award under a (b) ELIGIBLE ENTITIES DEFINED.—In this sec- (8) by inserting after paragraph (4) the fol- pilot program to any applicant that is eligible to tion the term ‘‘eligible entity’’ means a grantee lowing: receive a Phase III award related to technology receiving a grant under the SBIR Program on ‘‘(5) INSERTION INCENTIVES.—For any contract developed in Phase II of an SBIR or STTR the date of the bonus grant under subsection (a) with a value of not less than $100,000,000, the project. that provides an internship program for STEM Secretary of Defense is authorized to— ‘‘(6) REGISTRATION.—Any applicant that re- college students. ‘‘(A) establish goals for the transition of ceives an award under a pilot program shall (c) AWARDS.—An eligible entity shall receive a Phase III technologies in subcontracting plans; register with the Administrator in a registry bonus grant equal to 10 percent of either a and that is available to the public. Phase I or Phase II grant, as applicable, with a ‘‘(B) require a prime contractor on such a ‘‘(7) TERMINATION.—The authority to estab- total award maximum of not more than $10,000 contract to report the number and dollar lish a pilot program under this section expires at per year. amount of contracts entered into by that prime the end of fiscal year 2014. (d) EVALUATION.—Following the fourth year contractor for Phase III SBIR or STTR projects. ‘‘(8) DEFINITIONS.—In this section— of funding under this section, the Administrator ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY IN- ‘‘(A) the term ‘covered Federal agency’— shall submit a report to Congress on the results SERTION.—The Secretary of Defense shall— ‘‘(i) means a Federal agency participating in of the SBIR–STEM Workforce Development ‘‘(A) set a goal to increase the number of the SBIR program or the STTR program; and Grant Pilot Program. Phase II SBIR contracts and the number of ‘‘(ii) does not include the Department of De- (e) AUTHORIZATION OF APPROPRIATIONS.— Phase II STTR contracts awarded by that Sec- fense; and There are authorized to be appropriated to carry retary that lead to technology transition into ‘‘(B) the term ‘pilot program’ means the pro- out this section— programs of record or fielded systems; gram established under paragraph (1).’’. ‘‘(B) use incentives in effect on the date of en- (1) $1,000,000 for fiscal year 2011; SEC. 206. NANOTECHNOLOGY INITIATIVE. actment of the SBIR/STTR Reauthorization Act (2) $1,000,000 for fiscal year 2012; (a) IN GENERAL.—Section 9 of the Small Busi- of 2009, or create new incentives, to encourage (3) $1,000,000 for fiscal year 2013; ness Act (15 U.S.C. 638), as amended by this Act, agency program managers and prime contrac- (4) $1,000,000 for fiscal year 2014; and is amended by adding at the end the following: (5) $1,000,000 for fiscal year 2015. tors to meet the goal under subparagraph (A); ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each and SEC. 203. TECHNICAL ASSISTANCE FOR AWARD- Federal agency participating in the SBIR or ‘‘(C) include in the annual report to Congress EES. STTR program shall encourage the submission the percentage of contracts described in sub- Section 9(q)(3) of the Small Business Act (15 of applications for support of nanotechnology paragraph (A) awarded by that Secretary, and U.S.C. 638(q)(3)) is amended— related projects to such program.’’. (1) in subparagraph (A), by striking ‘‘$4,000’’ information on the ongoing status of projects (b) SUNSET.—Effective October 1, 2014, sub- funded through the Commercialization Program and inserting ‘‘$5,000’’; section (ff) of the Small Business Act, as added (2) in subparagraph (B)— and efforts to transition these technologies into by subsection (a) of this section, is repealed. (A) by striking ‘‘, with funds available from programs of record or fielded systems.’’. SEC. 207. ACCELERATING CURES. their SBIR awards,’’; and SEC. 205. COMMERCIALIZATION PILOT PROGRAM (B) by striking ‘‘$4,000 per year’’ and insert- FOR CIVILIAN AGENCIES. The Small Business Act (15 U.S.C. 631 et seq.) ing ‘‘$5,000 per year, which shall be in addition Section 9 of the Small Business Act (15 U.S.C. is amended— to the amount of the recipient’s award’’; and 638), as amended by this Act, is amended by (1) by redesignating section 44 as section 45; (3) by adding at the end the following: adding at the end the following: and ‘‘(C) FLEXIBILITY.—In carrying out subpara- ‘‘(ee) PILOT PROGRAM.— (2) by inserting after section 43 the following: graphs (A) and (B), each Federal agency shall ‘‘(1) AUTHORIZATION.—The head of each cov- ‘‘SEC. 44. SMALL BUSINESS INNOVATION RE- provide the allowable amounts to a recipient ered Federal agency may set aside not more SEARCH PROGRAM. that meets the eligibility requirements under the than 10 percent of the SBIR and STTR funds of ‘‘(a) NIH CURES PILOT.— applicable subparagraph, if the recipient re- such agency for further technology develop- ‘‘(1) ESTABLISHMENT.—An independent advi- quests to seek technical assistance from an indi- ment, testing, and evaluation of SBIR and sory board shall be established at the National vidual or entity other than the vendor selected STTR Phase II technologies. Academy of Sciences (in this section referred to under paragraph (2) by the Federal agency. ‘‘(2) APPLICATION BY FEDERAL AGENCY.— as the ‘advisory board’) to conduct periodic ‘‘(D) LIMITATION.—A Federal agency may ‘‘(A) IN GENERAL.—A covered Federal agency evaluations of the SBIR program (as that term not— may not establish a pilot program unless such is defined in section 9) of each of the National ‘‘(i) use the amounts authorized under sub- agency makes a written application to the Ad- Institutes of Health (referred to in this section paragraph (A) or (B) unless the vendor selected ministrator, not later than 90 days before to the as the ‘NIH’) institutes and centers for the pur- under paragraph (2) provides the technical as- first day of the fiscal year in which the pilot pose of improving the management of the SBIR sistance to the recipient; or program is to be established, that describes a program through data-driven assessment. ‘‘(ii) enter a contract with a vendor under compelling reason that additional investment in ‘‘(2) MEMBERSHIP.— paragraph (2) under which the amount provided SBIR or STTR technologies is necessary, includ- ‘‘(A) IN GENERAL.—The advisory board shall for technical assistance is based on total number ing unusually high regulatory, systems integra- consist of— of Phase I or Phase II awards.’’. tion, or other costs relating to development or ‘‘(i) the Director of the NIH; SEC. 204. COMMERCIALIZATION PROGRAM AT DE- manufacturing of identifiable, highly promising ‘‘(ii) the Director of the SBIR program of the PARTMENT OF DEFENSE. small business technologies or a class of such NIH; Section 9(y) of the Small Business Act (15 technologies expected to substantially advance ‘‘(iii) senior NIH agency managers, selected by U.S.C. 638(y)) is amended— the mission of the agency. the Director of NIH; (1) in the subsection heading, by striking ‘‘(B) DETERMINATION.—The Administrator ‘‘(iv) industry experts, selected by the Council ‘‘PILOT’’; shall— of the National Academy of Sciences in con- (2) by striking ‘‘Pilot’’ each place that term ‘‘(i) make a determination regarding an appli- sultation with the Associate Administrator for appears; cation submitted under subparagraph (A) not Technology of the Administration and the Di- (3) in paragraph (1)— later than 30 days before the first day of the fis- rector of the Office of Science and Technology (A) by inserting ‘‘or Small Business Tech- cal year for which the application is submitted; Policy; and nology Transfer Program’’ after ‘‘Small Busi- ‘‘(ii) publish the determination in the Federal ‘‘(v) owners or operators of small business ness Innovation Research Program’’; and Register; and concerns that have received an award under the (B) by adding at the end the following: ‘‘The ‘‘(iii) make a copy of the determination and SBIR program of the NIH, selected by the Asso- authority to create and administer a Commer- any related materials available to the Committee ciate Administrator for Technology of the Ad- cialization Program under this subsection may on Small Business and Entrepreneurship of the ministration. not be construed to eliminate or replace any Senate and the Committee on Small Business of ‘‘(B) NUMBER OF MEMBERS.—The total number other SBIR program or STTR program that en- the House of Representatives. of members selected under clauses (iii), (iv), and hances the insertion or transition of SBIR or ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head (v) of subparagraph (A) shall not exceed 10. STTR technologies, including any such program of a Federal agency may not make an award ‘‘(C) EQUAL REPRESENTATION.—The total num- in effect on the date of enactment of the Na- under a pilot program in excess of 3 times the ber of members of the advisory board selected tional Defense Authorization Act for Fiscal dollar amounts generally established for Phase under clauses (i), (ii), (iii), and (iv) of subpara- Year 2006 (Public Law 109–163; 119 Stat. 3136).’’; II awards under subsection (j)(2)(D) or graph (A) shall be equal to the number of mem- (4) in paragraph (2), by inserting ‘‘or Small (p)(2)(B)(ix). bers of the advisory board selected under sub- Business Technology Transfer Program’’ after ‘‘(4) MATCHING.—The head of a Federal agen- paragraph (A)(v). ‘‘Small Business Innovation Research Pro- cy may not make an award under a pilot pro- ‘‘(b) ADDRESSING DATA GAPS.—In order to en- gram’’; gram for SBIR or STTR Phase II technology hance the evidence-base guiding SBIR program

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.033 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7430 CONGRESSIONAL RECORD — SENATE July 13, 2009 decisions and changes, the Director of the SBIR ‘‘(D) general information about the implemen- puts and outcomes, including information nec- program of the NIH shall address the gaps and tation and compliance with the allocation of essary to maintain the database described in deficiencies in the data collection concerns iden- funds required under subsection (cc) for firms subsection (k), including— tified in the 2007 report of the National Acad- majority owned and controlled by multiple ven- ‘‘(A) whether an applicant or awardee— emies of Science entitled ‘An Assessment of the ture capital firms under each of the SBIR and ‘‘(i) has venture capital or is majority owned Small Business Innovation Research Program at STTR programs; and controlled by multiple venture capital firms, the NIH’. ‘‘(E) a detailed description of appeals of and, if so— ‘‘(c) PILOT PROGRAM.— Phase III awards and notices of noncompliance ‘‘(I) the amount of venture capital that the ‘‘(1) IN GENERAL.—The Director of the SBIR with the SBIR and the STTR Policy Directives applicant or awardee has received as of the date program of the NIH may initiate a pilot pro- filed by the Administrator with Federal agen- of the application or award, as applicable; and gram, under a formal mechanism for designing, cies; and ‘‘(II) the amount of additional capital that implementing, and evaluating pilot programs, to ‘‘(F) a description’’; and the applicant or awardee has invested in the spur innovation and to test new strategies that (2) by inserting after paragraph (7) the fol- SBIR technology; may enhance the development of cures and lowing: ‘‘(ii) has an investor that— ‘‘(I) is an individual who is not a citizen of therapies. ‘‘(8) to coordinate the implementation of elec- the United States or a lawful permanent resi- ‘‘(2) CONSIDERATIONS.—The Director of the tronic databases at each of the Federal agencies dent of the United States, and if so, the name of SBIR program of the NIH may consider con- participating in the SBIR program or the STTR any such individual; or ducting a pilot program to include individuals program, including the technical ability of the ‘‘(II) is a person that is not an individual and with successful SBIR program experience in participating agencies to electronically share is not organized under the laws of a State or the study sections, hiring individuals with small data;’’. United States, and if so the name of any such business development experience for staff posi- SEC. 302. DATA COLLECTION FROM AGENCIES tions, separating the commercial and scientific person; FOR SBIR. ‘‘(iii) is owned by a woman or has a woman review processes, and examining the impact of Section 9(g) of the Small Business Act (15 the trend toward larger awards on the overall as a principal investigator; U.S.C. 638(g)) is amended— ‘‘(iv) is owned by a socially or economically program. (1) by striking paragraph (10); ‘‘(d) REPORT TO CONGRESS.—The Director of disadvantaged individual or has a socially or (2) by redesignating paragraphs (8) and (9) as economically disadvantaged individual as a the NIH shall submit an annual report to Con- paragraphs (9) and (10), respectively; gress and the advisory board on the activities of principal investigator; (3) by inserting after paragraph (7) the fol- ‘‘(v) received assistance under the FAST pro- the SBIR program of the NIH under this section. lowing: ‘‘(e) SBIR GRANTS AND CONTRACTS.— gram under section 34 or the outreach program ‘‘(8) collect annually, and maintain in a com- ‘‘(1) IN GENERAL.—In awarding grants and under subsection (s); contracts under the SBIR program of the NIH mon format in accordance with the simplified ‘‘(vi) is a faculty member or a student of an each SBIR program manager shall place an em- reporting requirements under subsection (v), institution of higher education, as that term is phasis on applications that identify products such information from awardees as is necessary defined in section 101 of the Higher Education and services that may enhance the development to assess the SBIR program, including informa- Act of 1965 (20 U.S.C. 1001); or ‘‘(vii) is located in a State in which the total of cures and therapies. tion necessary to maintain the database de- value of contracts awarded to small business ‘‘(2) EXAMINATION OF COMMERCIALIZATION scribed in subsection (k), including— concerns under all STTR programs is less than AND OTHER METRICS.—The advisory board shall ‘‘(A) whether an awardee— evaluate the implementation of the requirement ‘‘(i) has venture capital or is majority owned the total value of contracts awarded to small under paragraph (1) by examining increased and controlled by multiple venture capital firms, business concerns in a majority of other States, commercialization and other metrics, to be deter- and, if so— as determined by the Administrator in biennial mined and collected by the SBIR program of the ‘‘(I) the amount of venture capital that the fiscal years, beginning with fiscal year 2008, NIH. awardee has received as of the date of the based on the most recent statistics compiled by ‘‘(3) PHASE I AND II.—To the greatest extent award; and the Administrator; and practicable, the Director of the SBIR program of ‘‘(II) the amount of additional capital that ‘‘(B) if an awardee receives an award in an the NIH shall reduce the time period between the awardee has invested in the SBIR tech- amount that is more than the award guidelines Phase I and Phase II funding of grants and nology; under this section, a statement from the agency contracts under the SBIR program of the NIH to ‘‘(ii) has an investor that— that justifies the award amount;’’; (2) in paragraph (14), by adding ‘‘and’’ at the 6 months. ‘‘(I) is an individual who is not a citizen of end; ‘‘(f) LIMIT.—Not more than a total of 1 per- the United States or a lawful permanent resi- (3) by striking paragraph (15); and cent of the extramural budget (as defined in sec- dent of the United States, and if so, the name of any such individual; or (4) by redesignating paragraph (16) as para- tion 9 of the Small Business Act (15 U.S.C. 638)) graph (15). of the NIH for research or research and develop- ‘‘(II) is a person that is not an individual and SEC. 304. PUBLIC DATABASE. ment may be used for the pilot program under is not organized under the laws of a State or the Section 9(k)(1) of the Small Business Act (15 subsection (c) and to carry out subsection (e). United States, and if so the name of any such U.S.C. 638(k)(1)) is amended— ‘‘(g) SUNSET.—This section shall cease to be person; (1) in subparagraph (D), by striking ‘‘and’’ at effective on the date that is 5 years after the ‘‘(iii) is owned by a woman or has a woman as a principal investigator; the end; date of enactment of the SBIR/STTR Reauthor- (2) in subparagraph (E), by striking the period ization Act of 2009.’’. ‘‘(iv) is owned by a socially or economically disadvantaged individual or has a socially or at the end and inserting ‘‘; and’’; and TITLE III—OVERSIGHT AND EVALUATION (3) by adding at the end the following: economically disadvantaged individual as a ‘‘(F) for each small business concern that has SEC. 301. STREAMLINING ANNUAL EVALUATION principal investigator; REQUIREMENTS. received a Phase I or Phase II SBIR or STTR ‘‘(v) received assistance under the FAST pro- Section 9(b) of the Small Business Act (15 award from a Federal agency, whether the small gram under section 34 or the outreach program U.S.C. 638(b)), as amended by section 102 of this business concern— under subsection (s); Act, is amended— ‘‘(i) has venture capital and, if so, whether (1) in paragraph (7)— ‘‘(vi) is a faculty member or a student of an the small business concern is registered as ma- (A) by striking ‘‘STTR programs, including institution of higher education, as that term is jority owned and controlled by multiple venture the data’’ and inserting the following: ‘‘STTR defined in section 101 of the Higher Education capital companies as required under subsection programs, including— Act of 1965 (20 U.S.C. 1001); or (cc)(3); ‘‘(A) the data’’; ‘‘(vii) is located in a State described in sub- ‘‘(ii) is owned by a woman or has a woman as (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), the section (u)(3); and a principal investigator; number’’ and all that follows through ‘‘under ‘‘(B) a justification statement from the agen- ‘‘(iii) is owned by a socially or economically each of the SBIR and STTR programs, and a cy, if an awardee receives an award in an disadvantaged individual or has a socially or description’’ and inserting the following: ‘‘(g)(8) amount that is more than the award guidelines economically disadvantaged individual as a and (o)(9); and under this section;’’; and principal investigator; ‘‘(B) the number of proposals received from, (4) in paragraph (10), as so redesignated, by ‘‘(iv) received assistance under the FAST pro- and the number and total amount of awards to, adding ‘‘and’’ at the end. gram under section 34 or the outreach program HUBZone small business concerns and firms SEC. 303. DATA COLLECTION FROM AGENCIES under subsection (s); or with venture capital investment (including those FOR STTR. ‘‘(v) is owned by a faculty member or a stu- majority owned and controlled by multiple ven- Section 9(o) of the Small Business Act (15 dent of an institution of higher education, as ture capital firms) under each of the SBIR and U.S.C. 638(o)) is amended— that term is defined in section 101 of the Higher STTR programs; (1) by striking paragraph (9) and inserting the Education Act of 1965 (20 U.S.C. 1001).’’. ‘‘(C) a description of the extent to which each following: SEC. 305. GOVERNMENT DATABASE. Federal agency is increasing outreach and ‘‘(9) collect annually, and maintain in a com- Section 9(k)(2) of the Small Business Act (15 awards to firms owned and controlled by women mon format in accordance with the simplified U.S.C. 638(k)(2)) is amended— and social or economically disadvantaged indi- reporting requirements under subsection (v), (1) by redesignating subparagraphs (C), (D), viduals under each of the SBIR and STTR pro- such information from applicants and awardees and (E) as subparagraphs (D), (E), and (F), re- grams; as is necessary to assess the STTR program out- spectively;

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.033 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7431 (2) by inserting after subparagraph (B) the and ending on September 30 of the last full fis- TITLE IV—POLICY DIRECTIVES following: cal year before the date of enactment of this Act SEC. 401. CONFORMING AMENDMENTS TO THE ‘‘(C) includes, for each awardee— for which information is available; and SBIR AND THE STTR POLICY DIREC- ‘‘(i) the name, size, location, and any identi- (2) for the second and each subsequent report TIVES. fying number assigned to the awardee by the submitted under this section, the period— (a) IN GENERAL.—Not later than 180 days Administrator; (A) beginning on October 1 of the first fiscal after the date of enactment of this Act, the Ad- ‘‘(ii) whether the awardee has venture capital, year after the end of the most recent full fiscal ministrator shall promulgate amendments to the and, if so— year relating to which a report under this sec- SBIR Policy Directive and the STTR Policy Di- ‘‘(I) the amount of venture capital as of the tion was submitted; and rective to conform such directives to this Act date of the award; (B) ending on September 30 of the last full fis- and the amendments made by this Act. ‘‘(II) the percentage of ownership of the cal year before the date of the report. (b) PUBLISHING SBIR POLICY DIRECTIVE AND awardee held by a venture capital firm, includ- THE STTR POLICY DIRECTIVE IN THE FEDERAL SEC. 307. CONTINUED EVALUATION BY THE NA- ing whether the awardee is majority owned and REGISTER.—Not later than 180 days after the TIONAL ACADEMY OF SCIENCES. controlled by multiple venture capital firms; and date of enactment of this Act, the Administrator Section 108 of the Small Business Reauthor- ‘‘(III) the amount of additional capital that shall publish the amended SBIR Policy Directive ization Act of 2000 (15 U.S.C. 638 note) is amend- the awardee has invested in the SBIR tech- and the amended STTR Policy Directive in the ed by adding at the end the following: nology, which information shall be collected on Federal Register. an annual basis; ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- ‘‘(iii) the names and locations of any affiliates THORITY.— Ms. LANDRIEU. Mr. President, I ask of the awardee; ‘‘(1) IN GENERAL.—Not later than 6 months my colleagues to support passage of S. ‘‘(iv) the number of employees of the awardee; after the date of enactment of the SBIR/STTR 1233, the SBIR/STTR Reauthorization ‘‘(v) the number of employees of the affiliates Reauthorization Act of 2009, the head of each Act of 2009, with an amendment from of the awardee; and agency described in subsection (a), in consulta- Dr. COBURN and Senator FEINGOLD. ‘‘(vi) the names of, and the percentage of tion with the Small Business Administration, This legislation is important because ownership of the awardee held by— shall cooperatively enter into an agreement with it reauthorizes two extremely success- ‘‘(I) any individual who is not a citizen of the the National Academy of Sciences for the Na- United States or a lawful permanent resident of ful programs—the Small Business Inno- tional Research Council to conduct a study de- vation Research and Small Business the United States; or scribed in subsection (a)(1) and make rec- ‘‘(II) any person that is not an individual and ommendations described in subsection (a)(2) not Technology Transfer programs—other- is not organized under the laws of a State or the later than 4 years after the date of enactment of wise known as SBIR and STTR. These United States;’’; and the SBIR/STTR Reauthorization Act of 2009, programs foster partnerships between (3) in subparagraph (D), as so redesignated— and every 4 years thereafter. small businesses and the Federal Gov- (A) in clause (ii), by striking ‘‘and’’ at the ernment to develop cutting-edge prod- end; and ‘‘(2) REPORTING.—An agreement under para- (B) by adding at the end, the following: graph (1) shall require that not later than 4 ucts and technologies important to our ‘‘(iv) whether the applicant was majority years after the date of enactment of the SBIR/ country. The bill makes improvements owned and controlled by multiple venture cap- STTR Reauthorization Act of 2009, and every 4 to these programs that will allow them ital firms; and years thereafter, the National Research Council to work better for small businesses, ‘‘(v) the number of employees of the appli- shall submit to the head of the agency entering while contributing to our economy, ful- cant;’’. into the agreement, the Committee on Small Business and Entrepreneurship of the Senate, filling the priority research needs of SEC. 306. ACCURACY IN FUNDING BASE CALCULA- the Nation, and expanding and diversi- TIONS. and the Committee on Small Business of the (a) IN GENERAL.—Not later than 1 year after House of Representatives a report regarding the fying our military’s supply base. the date of enactment of this Act, and every 3 study conducted under paragraph (1) and con- The SBIR program expires on July years thereafter, the Comptroller General of the taining the recommendations described in para- 31, 2009, so time is of the essence for United States shall— graph (1).’’. Congress to pass this legislation and (1) conduct a fiscal and management audit of SEC. 308. TECHNOLOGY INSERTION REPORTING get it to President Obama’s desk. While the SBIR program and the STTR program for REQUIREMENTS. we need to act fast, we have not acted the applicable period to— Section 9 of the Small Business Act (15 U.S.C. in haste. We have given these programs (A) determine whether Federal agencies com- 638), as amended by this Act, is amended by full deliberation with numerous hear- ply with the expenditure amount requirements adding at the end the following: ings, roundtables, and meetings since under subsections (f)(1) and (n)(1) of section 9 of ‘‘(gg) PHASE III REPORTING.—The annual the Small Business Act (15 U.S.C. 638), as SBIR or STTR report to Congress by the Admin- 2006, including a hearing on July 12, amended by this Act; istration under subsection (b)(7) shall include, 2006, a roundtable on August 1, 2007, a (B) assess the extent of compliance with the for each Phase III award made by the Federal roundtable on October 18, 2007, and a requirements of section 9(i)(2) of the Small Busi- agency— roundtable on June 4, 2009. We have ness Act (15 U.S.C. 638(i)(2)) by Federal agencies ‘‘(1) the name of the agency or component of also reviewed the nine studies by the participating in the SBIR program or the STTR the agency or the non-Federal source of capital National Research Council, and studies program and the Administration; making the Phase III award; (C) assess whether it would be more consistent by the Government Accountability Of- ‘‘(2) the name of the small business concern or fice, on the SBIR program since it was and effective to base the amount of the alloca- individual receiving the Phase III award; and tions under the SBIR program and the STTR ‘‘(3) the dollar amount of the Phase III last authorized in 2000 to help guide the program on a percentage of the research and de- award.’’. committee in drafting not only this velopment budget of a Federal agency, rather bill, S. 1233, but also the SBIR and than the extramural budget of the Federal agen- SEC. 309. INTELLECTUAL PROPERTY PROTEC- TIONS. STTR reauthorization bills that the cy; and committee adopted unanimously in the (D) determine the portion of the extramural (a) IN GENERAL.—The Comptroller General of research or research and development budget of the United States shall conduct a study of the 109th Congress, S. 3778, and in the 110th a Federal agency that each Federal agency SBIR program to assess whether— Congress, S. 3362. spends for administrative purposes relating to (1) Federal agencies comply with the data The SBIR and STTR programs are the SBIR program or STTR program, and for rights protections for SBIR awardees and the two of the very few Federal programs what specific purposes, including the portion, if technologies of SBIR awardees under section 9 that tap into the scientific and tech- any, of such budget the Federal agency spends of the Small Business Act (15 U.S.C. 638); nical community found in America’s for salaries and expenses, travel to visit appli- (2) the laws and policy directives intended to clarify the scope of data rights, including in small businesses. As I noted earlier, cants, outreach events, marketing, and tech- these programs foster government-in- nical assistance; and prototypes and mentor-prote´ge´ relationships (2) submit a report to the Committee on Small and agreements with Federal laboratories, are dustry partnerships by making com- Business and Entrepreneurship of the Senate sufficient to protect SBIR awardees; and petitive awards to firms with the best and the Committee on Small Business of the (3) there is an effective grievance tracking scientific proposals in response to the House of Representatives regarding the audit process for SBIR awardees who have grievances research needs of our agencies and by conducted under paragraph (1), including the against a Federal agency regarding data rights helping to move technologies from the assessments required under subparagraphs (B) and a process for resolving those grievances. lab to the marketplace or from the lab and (C), and the determination made under sub- (b) REPORT.—Not later than 18 months after to insertion in a government program the date of enactment of this Act, the Comp- paragraph (D) of paragraph (1). or system. (b) DEFINITION OF APPLICABLE PERIOD.—In troller General shall submit to the Committee on this section, the term ‘‘applicable period’’ Small Business and Entrepreneurship of the The SBIR program was designed in means— Senate and the Committee on Small Business of 1982 to harness the innovative capacity (1) for the first report submitted under this the House of Representatives a report regarding of America’s small businesses to meet section, the period beginning on October 1, 2000, the study conducted under subsection (a). the needs of our Federal agencies and

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These are new, high-paying was originally created as a pilot pro- SBA so that it has the authority and jobs that have been a strong asset to gram in 1992 to stimulate partnerships resources to carry out its duty to over- north Louisiana’s economy. between small businesses and nonprofit see the SBIR and STTR programs SBIR is a program that helps spur research institutions, such as univer- across the government; streamlines technology research and innovation in sities like LSU and Louisiana Tech. and improves data collection and re- areas you would not normally think of Since their inception, both programs porting requirements for the SBIR and as high-tech corridors. Folks think of have exceeded all expectations, playing STTR programs, including developing California or Massachusetts, but not an unprecedented role in stimulating metrics for annual evaluations by each our growing high-tech corridor in rural technological innovation, in allowing participating agency, as reflected in north Louisiana. LA Tech, UL-Monroe, small business to meet Federal re- the amendment by Dr. COBURN; helps Grambling University, LSU-Shreve- search and development needs, and in SBIR and STTR companies move their port, and Centenary College are all in providing seed capital for small busi- technologies across the ‘‘valley of that corridor. For those who don’t ness to develop ideas until they are death’’ between the lab and the mar- know, Ruston is between Monroe and able to attract outside investment. ketplace and into products and tech- Shreveport, and LA Tech helps attract The SBIR program has awarded more nologies for the agencies; and addresses good companies because we have good than $24 billion to more than 100,000 ‘‘jumbo’’ awards, those awards that scientists and engineers. With SBIR projects since it started. Recipients of have greatly exceeded the $100,000 and and STTR, those entrepreneurs started SBIR and STTR awards have produced $750,000 guidelines for Phase I and a company. It is stories such as these that make more than 85,000 patents and have gen- Phase II and cut out other businesses. the SBIR and STTR programs so spe- erated millions of well-paying jobs Reauthorizing these programs will cial to the economic and technological across all 50 States. Both programs ensure that small businesses continue growth of this country. I want to once have garnered high praise from well-re- to play a part in our Federal research again thank all those involved for their spected sources, and governments and development. Currently, small hard work on this legislation, particu- businesses receive only about 4 percent around the world are increasingly larly our ranking member, Senator adopting SBIR-type programs to en- of Federal research and development SNOWE, and her staff, as well as Sen- courage innovation in their countries. dollars despite the fact that they em- ator LEVIN and his staff on the Com- In drafting this bill, we had many ploy nearly 40 percent of America’s sci- mittee on Armed Services, Senator policy goals and interests to balance. entists and engineers, produce more DURBIN and his Appropriations staff, We wanted to improve the diversity of than 14 times more patents than large and Dr. COBURN and Senator FEINGOLD the programs, geographically and oth- businesses and universities, and on the final amendment to the bill. It erwise, so that more States and indi- produce patents that are of higher is my hope that we can now pass this viduals could participate in Federal re- quality and are more than twice as bill in the Senate and work expedi- search and development for our coun- likely to be cited. This legislation will tiously with the House to get a bill on try. We also wanted to maintain a fair help maintain and improve the role of President Obama’s desk before July 31. playing field so true small businesses small businesses in our Federal re- Mr. REID. Mr. President, Senators could continue to compete for this very search and development. COBURN and FEINGOLD have an amend- small percent of the overall Federal The SBIR and STTR programs have ment at the desk, and I ask unanimous R&D budget. We wanted to encourage spurred so many amazing technologies. consent for its consideration; that the exploration of high-risk, cutting-edge I would just like to share a few of them amendment be agreed to and the mo- research. These goals, along with many with you here today. Among the tech- tion to reconsider be laid upon the others, were taken into consideration nologies pioneered by SBIR-funded table; that the committee-reported in forging this bill. We made a number small businesses are a machine that substitute, as amended, be agreed to of important compromises in this legis- uses lasers and computer cameras to and the motion to reconsider be laid lation—and the result is a fair bill that sort and inspect bullets at a much finer upon the table; that the bill, as amend- will maintain the strength of these level than the human eye can manage, ed, be read a third time. programs. the technology that creates the ‘‘invis- The PRESIDING OFFICER. Without To keep these innovation programs ible’’ condensation trail of the B–2 objection, it is so ordered. strong, the bill reauthorizes the pro- bomber, a therapeutic drug to treat The amendment (No. 1502) was agreed grams for 8 years, as reflected in the chronic inflammatory disease, and a to, as follows: amendment by Dr. COBURN, instead of nerve gas protection system. On page 61, line 20, strike ‘‘2023’’ and insert 14 years as adopted by the committee; With regard to the bullet sorting ‘‘2017’’. increases the SBIR program allocation technology, developed by CyberNet On page 61, line 23, strike ‘‘2023’’ and insert ‘‘2017’’. by 1 percent, from 2.5 to 3.5 percent, at Systems, a small, women-owned busi- At the end, add the following: all agencies, including the NIH, spread ness located in Ann Arbor, MI, and cur- SEC. 402. PRIORITIES FOR CERTAIN RESEARCH out over 10 years; increases the STTR rently in use in Iraq and Afghanistan, INITIATIVES. program allocation from .3 percent to that SBIR technology is estimated to (a) IN GENERAL.—Section 9 of the Small .6 percent spread out over 6 years; have saved taxpayers more than $300 Business Act (15 U.S.C. 638), as amended by makes firms majority owned and con- million. Those are real cost savings this Act, is amended by adding at the end the following: trolled by multiple venture capital and tangible technological improve- ‘‘(hh) RESEARCH INITIATIVES.—To the ex- firms eligible for up to 18 percent of the ment. tent that such projects relate to the mission SBIR funds at NIH and up to 8 percent In Louisiana, one company that has of the Federal agency, each Federal agency of the funds at the other agencies; and had great success in recent years is participating in the SBIR program or STTR increases the award guidelines for Network Foundation Technologies, program shall encourage the submission of SBIR and STTR awards from $100,000 to known as NiFTy. I visited this com- applications for support of projects relating pany in Ruston, LA, a rural part of the to security, energy, transportation, or im- $150,000 for Phase I and from $750,000 to proving the security and quality of the water $1 million for Phase II. State, in August 2008 and was ex- supply of the United States to such pro- The bill also reauthorizes and en- tremely impressed. NiFTy used an gram.’’. hances the Federal and State Tech- SBIR grant from the National Science (b) SUNSET.—Effective October 1, 2014, sec- nology Partnership Program, or FAST Foundation to develop technology that tion 9(hh) of the Small Business Act, as Program, that was created by Senator permits live streaming video over the added by subsection (a) of this section, is re- BOND in 2000, and the Rural Outreach Internet without using large amounts pealed. Program, programs that have been of bandwidth. They have been particu- SEC. 403. REPORT ON SBIR AND STTR PROGRAM GOALS. very effective in States such as Lou- larly successful bringing sporting Section 9 of the Small Business Act (15 isiana and Missouri in increasing the events live over the Internet. NiFTy U.S.C. 638), as amended by this Act, is participation of small business in Fed- has grown to more than 40 employees, amended by adding at the end the following:

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‘‘(ii) ANNUAL REPORT ON SBIR AND STTR H.R. 2965 (3) the term ‘‘small business concern’’ has the PROGRAM GOALS.— Resolved, That the bill from the House of same meaning as under section 3 of the Small ‘‘(1) DEVELOPMENT OF METRICS.—The head Representatives (H.R. 2965) entitled ‘‘An Act Business Act (15 U.S.C. 632). of each Federal agency required to partici- to amend the Small Business Act with re- TITLE I—REAUTHORIZATION OF THE SBIR pate in the SBIR program or the STTR prospect to the Small Business Innovation Re- AND STTR PROGRAMS gram shall develop metrics to evaluate the search Program and the Small Business SEC. 101. EXTENSION OF TERMINATION DATES. effectiveness, and the benefit to the people of Technology Transfer Program, and for other (a) SBIR.—Section 9(m) of the Small Business the United States, of the SBIR program and purposes.’’, do pass with the following Act (15 U.S.C. 638(m)) is amended by striking the STTR program of the Federal agency amendment: ‘‘2008’’ and inserting ‘‘2017’’. that— Strike out all after the enacting clause and (b) STTR.—Section 9(n)(1)(A) of the Small ‘‘(A) are science-based and statistically insert: Business Act (15 U.S.C. 638(n)(1)(A)) is amended driven; SECTION 1. SHORT TITLE. by striking ‘‘2009’’ and inserting ‘‘2017’’. ‘‘(B) reflect the mission of the Federal This Act may be cited as the ‘‘SBIR/STTR Re- agency; and SEC. 102. STATUS OF THE OFFICE OF TECH- authorization Act of 2009’’. ‘‘(C) include factors relating to the eco- NOLOGY. nomic impact of the programs. SEC. 2. TABLE OF CONTENTS. Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended— ‘‘(2) EVALUATION.—The head of each Fed- The table of contents for this Act is as follows: eral agency described in paragraph (1) shall Sec. 1. Short title. (1) in paragraph (7), by striking ‘‘and’’ at the conduct an annual evaluation using the Sec. 2. Table of contents. end; (2) in paragraph (8), by striking the period at metrics developed under paragraph (1) of— Sec. 3. Definitions. the end and inserting ‘‘; and’’; ‘‘(A) the SBIR program and the STTR pro- TITLE I—REAUTHORIZATION OF THE SBIR (3) by redesignating paragraph (8) as para- gram of the Federal agency; and AND STTR PROGRAMS graph (9); and ‘‘(B) the benefits to the people of the Sec. 101. Extension of termination dates. (4) by adding at the end the following: United States of the SBIR program and the Sec. 102. Status of the Office of Technology. ‘‘(10) to maintain an Office of Technology to STTR program of the Federal agency. Sec. 103. SBIR allocation increase. carry out the responsibilities of the Administra- ‘‘(3) REPORT.— Sec. 104. STTR allocation increase. tion under this section, which shall be— ‘‘(A) IN GENERAL.—The head of each Fed- Sec. 105. SBIR and STTR award levels. ‘‘(A) headed by the Assistant Administrator eral agency described in paragraph (1) shall Sec. 106. Agency and program collaboration. for Technology, who shall report directly to the submit to the appropriate committees of Sec. 107. Elimination of Phase II invitations. Administrator; and Congress and the Administrator an annual Sec. 108. Majority-venture investments in SBIR ‘‘(B) independent from the Office of Govern- report describing in detail the results of an firms. ment Contracting of the Administration and suf- evaluation conducted under paragraph (2). Sec. 109. SBIR and STTR special acquisition ficiently staffed and funded to comply with the ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The preference. oversight, reporting, and public database re- head of each Federal agency described in Sec. 110. Collaborating with Federal labora- sponsibilities assigned to the Office of Tech- paragraph (1) shall make each report sub- tories and research and develop- nology by the Administrator.’’. mitted under subparagraph (A) available to ment centers. the public online. SEC. 103. SBIR ALLOCATION INCREASE. Sec. 111. Notice requirement. Section 9(f) of the Small Business Act (15 ‘‘(C) DEFINITION.—In this paragraph, the term ‘appropriate committees of Congress’ TITLE II—OUTREACH AND U.S.C. 638(f)) is amended— means— COMMERCIALIZATION INITIATIVES (1) in paragraph (1)— ‘‘(i) the Committee on Small Business and Sec. 201. Rural and State outreach. (A) in the matter preceding subparagraph (A), Entrepreneurship of the Senate; and Sec. 202. SBIR–STEM Workforce Development by striking ‘‘Each’’ and inserting ‘‘Except as ‘‘(ii) the Committee on Small Business and Grant Pilot Program. provided in paragraph (2)(C), each’’; (B) in subparagraph (B), by striking ‘‘and’’ at the Committee on Science and Technology of Sec. 203. Technical assistance for awardees. the end; and the House of Representatives.’’. Sec. 204. Commercialization program at Depart- (C) by striking subparagraph (C) and insert- ment of Defense. SEC. 404. COMPETITIVE SELECTION PROCE- ing the following: DURES FOR SBIR AND STTR PRO- Sec. 205. Commercialization Pilot Program for ‘‘(C) not less than 2.5 percent of such budget GRAMS. civilian agencies. in each of fiscal years 2009 and 2010; Section 9 of the Small Business Act (15 Sec. 206. Nanotechnology initiative. ‘‘(D) not less than 2.6 percent of such budget U.S.C. 638), as amended by this Act, is Sec. 207. Accelerating cures. in fiscal year 2011; amended by adding at the end the following: TITLE III—OVERSIGHT AND EVALUATION ‘‘(E) not less than 2.7 percent of such budget ‘‘(jj) COMPETITIVE SELECTION PROCEDURES Sec. 301. Streamlining annual evaluation re- in fiscal year 2012; FOR SBIR AND STTR PROGRAMS.—All funds ‘‘(F) not less than 2.8 percent of such budget awarded, appropriated, or otherwise made quirements. in fiscal year 2013; available in accordance with subsection (f) Sec. 302. Data collection from agencies for ‘‘(G) not less than 2.9 percent of such budget or (n) must be awarded pursuant to competi- SBIR. in fiscal year 2014; tive and merit-based selection procedures.’’. Sec. 303. Data collection from agencies for STTR. ‘‘(H) not less than 3.0 percent of such budget The committee amendment in the Sec. 304. Public database. in fiscal year 2015; nature of a substitute, as amended, was Sec. 305. Government database. ‘‘(I) not less than 3.1 percent of such budget agreed to. Sec. 306. Accuracy in funding base calcula- in fiscal year 2016; The bill (S. 1233), as amended, was or- tions. ‘‘(J) not less than 3.2 percent of such budget dered to be engrossed for a third read- Sec. 307. Continued evaluation by the National in fiscal year 2017; ing, and was read the third time. Academy of Sciences. ‘‘(K) not less than 3.3 percent of such budget Sec. 308. Technology insertion reporting re- in fiscal year 2018; Mr. REID. Mr. President, I now ask ‘‘(L) not less than 3.4 percent of such budget unanimous consent that the Senate quirements. Sec. 309. Intellectual property protections. in fiscal year 2019; and proceed to H.R. 2965, the House com- TITLE IV—POLICY DIRECTIVES ‘‘(M) not less than 3.5 percent of such budget panion, which is at the desk; that all in fiscal year 2020 and each fiscal year thereafter the enacting clause be stricken Sec. 401. Conforming amendments to the SBIR after,’’; and and the text of S. 1233, as amended, be and the STTR Policy Directives. (2) in paragraph (2)— Sec. 402. Priorities for certain research initia- (A) by redesignating subparagraphs (A) and inserted in lieu thereof; the bill, as tives. amended, be read a third time and (B) as clauses (i) and (ii), respectively, and ad- Sec. 403. Report on SBIR and STTR program justing the margins accordingly; passed, and the motion to reconsider be goals. (B) by striking ‘‘A Federal agency’’ and in- laid upon the table; that upon passage Sec. 404. Competitive selection procedures for serting the following: of H.R. 2965, S. 1233 be returned to the SBIR and STTR programs. ‘‘(A) IN GENERAL.—A Federal agency’’; and calendar, with no intervening action or SEC. 3. DEFINITIONS. (C) by adding at the end the following: debate. In this Act— ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- The PRESIDING OFFICER. Without (1) the terms ‘‘Administration’’ and ‘‘Adminis- MENT OF ENERGY.—For the Department of De- objection, it is so ordered. trator’’ mean the Small Business Administration fense and the Department of Energy, to the The amendment was ordered to be and the Administrator thereof, respectively; greatest extent practicable, the percentage of the (2) the terms ‘‘extramural budget’’, ‘‘Federal extramural budget in excess of 2.5 percent re- engrossed and the bill to be read a agency’’, ‘‘Small Business Innovation Research quired to be expended with small business con- third time. Program’’, ‘‘SBIR’’, ‘‘Small Business Tech- cerns under subparagraphs (D) through (M) of The bill was read the third time. nology Transfer Program’’, and ‘‘STTR’’ have paragraph (1)— The bill (H.R. 2965), as amended, was the meanings given such terms in section 9 of ‘‘(i) may not be used for new Phase I or Phase passed, as follows: the Small Business Act (15 U.S.C. 638); and II awards; and

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.034 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7434 CONGRESSIONAL RECORD — SENATE July 13, 2009 ‘‘(ii) shall be used for activities that further Federal agency under this section shall be eligi- (iii) in paragraph (3)— the readiness levels of technologies developed ble to receive an award for a subsequent phase (I) in subparagraph (A)— under Phase II awards, including conducting from another Federal agency, if the head of (aa) by striking ‘‘the first phase (as described testing and evaluation to promote the transition each relevant Federal agency or the relevant in subsection (e)(4)(A))’’ and inserting ‘‘Phase of such technologies into commercial or defense component of the Federal agency makes a writ- I’’; products, or systems furthering the mission ten determination that the topics of the relevant (bb) by striking ‘‘the second phase (as de- needs of the Department of Defense or the De- awards are the same and both agencies report scribed in subsection (e)(4)(B))’’ and inserting partment of Energy, as the case may be.’’. the awards to the Administrator for inclusion in ‘‘Phase II’’; and SEC. 104. STTR ALLOCATION INCREASE. the public database under subsection (k). (cc) by striking ‘‘the third phase (as described Section 9(n)(1)(B) of the Small Business Act ‘‘(2) SBIR AND STTR COLLABORATION.—A small in subsection (e)(4)(C))’’ and inserting ‘‘Phase (15 U.S.C. 638(n)(1)(B)) is amended— business concern which received an award III’’; and (1) in clause (i), by striking ‘‘and’’ at the end; under this section under the SBIR program or (II) in subparagraph (B), by striking ‘‘second (2) in clause (ii), by striking ‘‘thereafter.’’ and the STTR program may receive an award under phase’’ and inserting ‘‘Phase II’’; inserting ‘‘through fiscal year 2010;’’; and this section for a subsequent phase in either the (C) in subsection (k)— (3) by adding at the end the following: SBIR program or the STTR program and the (i) by striking ‘‘first phase’’ each place it ap- ‘‘(iii) 0.4 percent for fiscal years 2011 and 2012; participating agency or agencies shall report the pears and inserting ‘‘Phase I’’; and ‘‘(iv) 0.5 percent for fiscal years 2013 and 2014; awards to the Administrator for inclusion in the (ii) by striking ‘‘second phase’’ each place it and public database under subsection (k).’’. appears and inserting ‘‘Phase II’’; ‘‘(v) 0.6 percent for fiscal year 2015 and each SEC. 107. ELIMINATION OF PHASE II INVITA- (D) in subsection (l)(2)— fiscal year thereafter.’’. TIONS. (i) by striking ‘‘the first phase’’ and inserting SEC. 105. SBIR AND STTR AWARD LEVELS. (a) IN GENERAL.—Section 9(e) of the Small ‘‘Phase I’’; and (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of Business Act (15 U.S.C. 638(e)) is amended— (ii) by striking ‘‘the second phase’’ and insert- the Small Business Act (15 U.S.C. 638(j)(2)(D)) is (1) in paragraph (4)(B), by striking ‘‘to fur- ing ‘‘Phase II’’; amended— ther’’ and inserting: ‘‘which shall not include (E) in subsection (o)(13)— (1) by striking ‘‘$100,000’’ and inserting any invitation, pre-screening, pre-selection, or (i) in subparagraph (B), by striking ‘‘second ‘‘$150,000’’; and down-selection process for eligibility for the sec- phase’’ and inserting ‘‘Phase II’’; and (2) by striking ‘‘$750,000’’ and inserting ond phase, that will further’’; and (ii) in subparagraph (C), by striking ‘‘third ‘‘$1,000,000’’. (2) in paragraph (6)(B), by striking ‘‘to fur- phase’’ and inserting ‘‘Phase III’’; (b) STTR ADJUSTMENTS.—Section ther develop proposed ideas to’’ and inserting (F) in subsection (p)— 9(p)(2)(B)(ix) of the Small Business Act (15 ‘‘which shall not include any invitation, pre- (i) in paragraph (2)(B)— U.S.C. 638(p)(2)(B)(ix)) is amended— screening, pre-selection, or down-selection proc- (I) in clause (vi)— (1) by striking ‘‘$100,000’’ and inserting ess for eligibility for the second phase, that will (aa) by striking ‘‘the second phase’’ and in- ‘‘$150,000’’; and further develop proposals that’’. serting ‘‘Phase II’’; and (2) by striking ‘‘$750,000’’ and inserting (b) TECHNICAL AND CONFORMING AMEND- (bb) by striking ‘‘the third phase’’ and insert- ‘‘$1,000,000’’. MENTS.—The Small Business Act (15 U.S.C. 638) ing ‘‘Phase III’’; and (c) TRIENNIAL ADJUSTMENTS.—Section 9 of the is amended— (II) in clause (ix)— Small Business Act (15 U.S.C. 638) is amended— (1) in section 9— (aa) by striking ‘‘the first phase’’ and insert- (1) in subsection (j)(2)(D)— (A) in subsection (e)— ing ‘‘Phase I’’; and (A) by striking ‘‘5 years’’ and inserting ‘‘3 (i) in paragraph (8), by striking ‘‘and’’ at the (bb) by striking ‘‘the second phase’’ and in- years’’; and end; serting ‘‘Phase II’’; and (B) by striking ‘‘and programmatic consider- (ii) in paragraph (9)— (ii) in paragraph (3)— ations’’; and (I) by striking ‘‘the second or the third phase’’ (I) by striking ‘‘the first phase (as described in (2) in subsection (p)(2)(B)(ix) by striking and inserting ‘‘Phase II or Phase III’’; and subsection (e)(6)(A))’’ and inserting ‘‘Phase I’’; ‘‘greater or lesser amounts to be awarded at the (II) by striking the period at the end and in- (II) by striking ‘‘the second phase (as de- discretion of the awarding agency,’’ and insert- serting a semicolon; and scribed in subsection (e)(6)(B))’’ and inserting ing ‘‘an adjustment for inflation of such (iii) by adding at the end the following: ‘‘Phase II’’; and amounts once every 3 years,’’. ‘‘(10) the term ‘Phase I’ means— (III) by striking ‘‘the third phase (as described (d) LIMITATION ON CERTAIN AWARDS.—Section ‘‘(A) with respect to the SBIR program, the in subsection (e)(6)(A))’’ and inserting ‘‘Phase 9 of the Small Business Act (15 U.S.C. 638) is first phase described in paragraph (4)(A); and III’’; amended by adding at the end the following: ‘‘(B) with respect to the STTR program, the (G) in subsection (q)(3)— ‘‘(aa) LIMITATION ON CERTAIN AWARDS.— first phase described in paragraph (6)(A); (i) in subparagraph (A)— ‘‘(1) LIMITATION.—No Federal agency may ‘‘(11) the term ‘Phase II’ means— (I) in the subparagraph heading, by striking issue an award under the SBIR program or the ‘‘(A) with respect to the SBIR program, the ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; and STTR program if the size of the award exceeds second phase described in paragraph (4)(B); and (II) by striking ‘‘first phase’’ and inserting the award guidelines established under this sec- ‘‘(B) with respect to the STTR program, the ‘‘Phase I’’; and tion by more than 50 percent. second phase described in paragraph (6)(B); and (ii) in subparagraph (B)— ‘‘(2) MAINTENANCE OF INFORMATION.—Partici- ‘‘(12) the term ‘Phase III’ means— (I) in the subparagraph heading, by striking ‘‘(A) with respect to the SBIR program, the pating agencies shall maintain information on ‘‘SECOND PHASE’’ and inserting ‘‘PHASE II’’; and awards exceeding the guidelines established third phase described in paragraph (4)(C); and (II) by striking ‘‘second phase’’ and inserting ‘‘(B) with respect to the STTR program, the under this section, including— ‘‘Phase II’’; ‘‘(A) the amount of each award; third phase described in paragraph (6)(C).’’; (H) in subsection (r)— (B) in subsection (j)— ‘‘(B) a justification for exceeding the award (i) in the subsection heading, by striking (i) in paragraph (1)(B), by striking ‘‘phase amount; ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; two’’ and inserting ‘‘Phase II’’; ‘‘(C) the identity and location of each award (ii) in paragraph (1)— (ii) in paragraph (2)— recipient; and (I) in subparagraph (B)— (I) in the first sentence— ‘‘(D) whether a recipient has received any (aa) by striking ‘‘the third phase’’ each place (aa) by striking ‘‘for the second phase’’ and venture capital investment and, if so, whether it appears and inserting ‘‘Phase III’’; and inserting ‘‘for Phase II’’; the recipient is majority-owned and controlled (bb) by striking ‘‘the second phase’’ and in- (bb) by striking ‘‘third phase’’ and inserting by multiple venture capital companies. serting ‘‘Phase II’’; ‘‘Phase III’’; and ‘‘(3) REPORTS.—The Administrator shall in- (II) in subparagraph (D)— (cc) by striking ‘‘second phase period’’ and include the information described in paragraph (2) (aa) by striking ‘‘the first phase’’ and insert- serting ‘‘Phase II period’’; and in the annual report of the Administrator to ing ‘‘Phase I’’; and (II) in the second sentence— Congress. (bb) by striking ‘‘the second phase’’ and in- (aa) by striking ‘‘second phase’’ and inserting ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this serting ‘‘Phase II’’; ‘‘Phase II’’; and subsection shall be construed to prevent a Fed- (III) in subparagraph (F), by striking ‘‘the (bb) by striking ‘‘third phase’’ and inserting eral agency from supplementing an award under third phase’’ and inserting ‘‘Phase III’’; ‘‘Phase III’’; and the SBIR program or the STTR program using (IV) in subparagraph (G)— (iii) in paragraph (2), by striking ‘‘third funds of the Federal agency that are not part of (aa) by striking ‘‘the first phase’’ and insert- phase’’ and inserting ‘‘Phase III’’; and the SBIR program or the STTR program of the ing ‘‘Phase I’’; and (I) in subsection (u)(2)(B), by striking ‘‘the Federal agency.’’. (bb) by striking ‘‘the second phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; SEC. 106. AGENCY AND PROGRAM COLLABORA- serting ‘‘Phase II’’; and (2) in section 34— TION. (V) in subparagraph (H)— (A) in subsection (c)(2)(B)(ii), by striking Section 9 of the Small Business Act (15 U.S.C. (aa) by striking ‘‘the first phase’’ and insert- ‘‘first phase and second phase SBIR awards’’ 638), as amended by this Act, is amended by ing ‘‘Phase I’’; and inserting ‘‘Phase I and Phase II SBIR adding at the end the following: (bb) by striking ‘‘second phase’’ each place it awards (as defined in section 9(e))’’; and ‘‘(bb) SUBSEQUENT PHASES.— appears and inserting ‘‘Phase II’’; and (B) in subsection (e)(2)(A)— ‘‘(1) AGENCY COLLABORATION.—A small busi- (cc) by striking ‘‘third phase’’ and inserting (i) in clause (i), by striking ‘‘first phase ness concern that received an award from a ‘‘Phase III’’; and awards’’ and all that follows and inserting

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‘‘Phase I awards (as defined in section 9(e));’’; ‘‘(5) ENFORCEMENT.—If a Federal agency ‘‘(C) approve an agreement that violates any and awards more than the amount authorized under provision, including any data rights protections (ii) by striking ‘‘first phase’’ each place it ap- paragraph (1) for a purpose described in para- provision, of this section or the SBIR and the pears and inserting ‘‘Phase I’’; and graph (1), the amount awarded in excess of the STTR Policy Directives. (3) in section 35(c)(2)(B)(vii), by striking amount authorized under paragraph (1) shall be ‘‘(3) IMPLEMENTATION.—Not later than 180 ‘‘third phase’’ and inserting ‘‘Phase III’’. transferred to the funds for general SBIR pro- days after the date of enactment of this sub- SEC. 108. MAJORITY-VENTURE INVESTMENTS IN grams from the non-SBIR research and develop- section, the Administrator shall modify the SBIR FIRMS. ment funds of the Federal agency within 60 SBIR Policy Directive and the STTR Policy Di- (a) IN GENERAL.—Section 9 of the Small Busi- days of the date on which the Federal agency rective issued under this section to ensure that ness Act (15 U.S.C. 638), as amended by this Act, awarded more than the amount authorized small business concerns— is amended by adding at the end the following: under paragraph (1) for a purpose described in ‘‘(A) have the flexibility to use the resources ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN paragraph (1).’’. of the Federal laboratories and federally funded SBIR FIRMS.— (b) TECHNICAL AND CONFORMING AMEND- research and development centers; and ‘‘(1) AUTHORITY AND DETERMINATION.— MENT.—Section 3 of the Small Business Act (15 ‘‘(B) are not mandated to enter into agree- ‘‘(A) IN GENERAL.—Upon a written determination provided not later than 30 days in advance U.S.C. 632) is amended by adding at the end the ment with any Federal laboratory or any feder- to the Administrator and to the Committee on following: ally funded laboratory or research and develop- ‘‘(t) VENTURE CAPITAL COMPANY.—In this Act, Small Business and Entrepreneurship of the ment center as a condition of an award.’’. the term ‘venture capital company’ means an Senate and the Committee on Small Business of SEC. 111. NOTICE REQUIREMENT. entity described in clause (i), (v), or (vi) of sec- the House of Representatives— The head of any Federal agency involved in a ‘‘(i) the Director of the National Institutes of tion 121.103(b)(5) of title 13, Code of Federal case or controversy before any Federal judicial Health may award not more than 18 percent of Regulations (or any successor thereto).’’. or administrative tribunal concerning the SBIR (c) ASSISTANCE FOR DETERMINING AFFILI- the SBIR funds of the National Institutes of program or the STTR program shall provide ATES.—Not later than 30 days after the date of Health allocated in accordance with this Act, in timely notice, as determined by the Adminis- the first full fiscal year beginning after the date enactment of this Act, the Administrator shall trator, of the case or controversy to the Admin- of enactment of this subsection, and each fiscal post on the website of the Administration (with istrator. year thereafter, to small business concerns that a direct link displayed on the homepage of the website of the Administration or the SBIR TITLE II—OUTREACH AND are owned in majority part by venture capital COMMERCIALIZATION INITIATIVES companies and that satisfy the qualification re- website of the Administration)— (1) a clear explanation of the SBIR affiliation SEC. 201. RURAL AND STATE OUTREACH. quirements under paragraph (2) through com- rules under part 121 of title 13, Code of Federal petitive, merit-based procedures that are open to (a) OUTREACH.—Section 9 of the Small Busi- Regulations; and all eligible small business concerns; and ness Act (15 U.S.C. 638) is amended by inserting (2) contact information for officers or employ- ‘‘(ii) the head of any other Federal agency after subsection (r) the following: participating in the SBIR program may award ees of the Administration who— ‘‘(s) OUTREACH.— (A) upon request, shall review an issue relat- not more than 8 percent of the SBIR funds of ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this ing to the rules described in paragraph (1); and subsection, the term ‘eligible State’ means a the Federal agency allocated in accordance with (B) shall respond to a request under subpara- this Act, in the first full fiscal year beginning State— graph (A) not later than 20 business days after ‘‘(A) for which the total value of contracts after the date of enactment of this subsection, the date on which the request is received. and each fiscal year thereafter, to small busi- awarded to the State under this section during SEC. 109. SBIR AND STTR SPECIAL ACQUISITION ness concerns that are majority owned by ven- the most recent fiscal year for which data is PREFERENCE. available was less than $5,000,000; and ture capital companies and that satisfy the Section 9(r) of the Small Business Act (15 qualification requirements under paragraph (2) ‘‘(B) that certifies to the Administrator that U.S.C. 638(r)) is amended by adding at the end the State will, upon receipt of assistance under through competitive, merit-based procedures the following: that are open to all eligible small business con- this subsection, provide matching funds from ‘‘(4) PHASE III AWARDS.—To the greatest ex- non-Federal sources in an amount that is not cerns. tent practicable, Federal agencies and Federal ‘‘(B) DETERMINATION.—A written determina- less than 50 percent of the amount provided prime contractors shall issue Phase III awards under this subsection. tion made under subparagraph (A) shall explain relating to technology, including sole source how the use of the authority under that sub- ‘‘(2) PROGRAM AUTHORITY.—Of amounts made awards, to the SBIR and STTR award recipients available to carry out this section for each of paragraph will induce additional venture cap- that developed the technology.’’. ital funding of small business innovations, sub- fiscal years 2010 through 2014, the Administrator SEC. 110. COLLABORATING WITH FEDERAL LAB- stantially contribute to the mission of the fund- may expend with eligible States not more than ORATORIES AND RESEARCH AND DE- $5,000,000 in each such fiscal year in order to in- ing Federal agency, demonstrate a need for pub- VELOPMENT CENTERS. lic research, and otherwise fulfill the capital Section 9 of the Small Business Act (15 U.S.C. crease the participation of small business con- needs of small business concerns for additional 638), as amended by this Act, is amended by cerns located in those States in the programs financing for the SBIR project. adding at the end the following: under this section. ‘‘(2) QUALIFICATION REQUIREMENTS.—The Ad- ‘‘(dd) COLLABORATING WITH FEDERAL LAB- ‘‘(3) AMOUNT OF ASSISTANCE.—The amount of ministrator shall establish requirements relating ORATORIES AND RESEARCH AND DEVELOPMENT assistance provided to an eligible State under to the affiliation by small business concerns CENTERS.— this subsection in any fiscal year— with venture capital companies, which may not ‘‘(1) AUTHORIZATION.—Subject to the limita- ‘‘(A) shall be equal to not more than 50 per- exclude a United States small business concern tions under this section, the head of each par- cent of the total amount of matching funds from from participation in the program under para- ticipating Federal agency may make SBIR and non-Federal sources provided by the State; and graph (1) on the basis that the small business STTR awards to any eligible small business con- ‘‘(B) shall not exceed $100,000. concern is owned in majority part by, or concern that— ‘‘(4) USE OF ASSISTANCE.—Assistance provided trolled by, more than 1 United States venture ‘‘(A) intends to enter into an agreement with to an eligible State under this subsection shall capital company, so long as no single venture a Federal laboratory or federally funded re- be used by the State, in consultation with State capital company owns more than 49 percent of search and development center for portions of and local departments and agencies, for pro- the small business concern. the activities to be performed under that award; grams and activities to increase the participa- ‘‘(3) REGISTRATION.—A small business concern or tion of small business concerns located in the that is majority owned and controlled by mul- ‘‘(B) has entered into a cooperative research State in the programs under this section, includ- tiple venture capital companies and qualified and development agreement (as defined in sec- ing— for participation in the program authorized tion 12(d) of the Stevenson-Wydler Technology ‘‘(A) the establishment of quantifiable per- under paragraph (1) shall— Innovation Act of 1980 (15 U.S.C. 3710a(d))) formance goals, including goals relating to— ‘‘(A) register with the Administrator on the with a Federal laboratory. ‘‘(i) the number of program awards under this date that the small business concern submits an ‘‘(2) PROHIBITION.—No Federal agency shall— section made to small business concerns in the application for an award under the SBIR pro- ‘‘(A) condition an SBIR or STTR award upon State; and gram; and entering into agreement with any Federal lab- ‘‘(ii) the total amount of Federal research and ‘‘(B) indicate whether the small business con- oratory or any federally funded laboratory or development contracts awarded to small busi- cern is registered under subparagraph (A) in research and development center for any portion ness concerns in the State; any SBIR proposal. of the activities to be performed under that ‘‘(B) the provision of competition outreach ‘‘(4) COMPLIANCE.—A Federal agency de- award; support to small business concerns in the State scribed in paragraph (1) shall collect data re- ‘‘(B) approve an agreement between a small that are involved in research and development; garding the number and dollar amounts of business concern receiving a SBIR or STTR and phase I, phase II, and all other categories of award and a Federal laboratory or federally ‘‘(C) the development and dissemination of awards under the SBIR program, and the Ad- funded laboratory or research and development educational and promotional information relat- ministrator shall report on the data and the center, if the small business concern performs a ing to the programs under this section to small compliance of each such Federal agency with lesser portion of the activities to be performed business concerns in the State.’’. the maximum amounts under paragraph (1) as under that award than required by this section (b) FEDERAL AND STATE PROGRAM EXTEN- part of the annual report by the Administration and by the SBIR Policy Directive and the STTR SION.—Section 34 of the Small Business Act (15 under subsection (b)(7). Policy Directive of the Administrator; or U.S.C. 657d) is amended—

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.043 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE S7436 CONGRESSIONAL RECORD — SENATE July 13, 2009 (1) in subsection (h), by striking ‘‘2001 (B) by striking ‘‘$4,000 per year’’ and insert- SEC. 205. COMMERCIALIZATION PILOT PROGRAM through 2005’’ each place it appears and inserting ‘‘$5,000 per year, which shall be in addition FOR CIVILIAN AGENCIES. ing ‘‘2010 through 2014’’; and to the amount of the recipient’s award’’; and Section 9 of the Small Business Act (15 U.S.C. (2) in subsection (i), by striking ‘‘2005’’ and (3) by adding at the end the following: 638), as amended by this Act, is amended by inserting ‘‘2014’’. ‘‘(C) FLEXIBILITY.—In carrying out subpara- adding at the end the following: (c) MATCHING REQUIREMENTS.—Section graphs (A) and (B), each Federal agency shall ‘‘(ee) PILOT PROGRAM.— ‘‘(1) AUTHORIZATION.—The head of each cov- 34(e)(2) of the Small Business Act (15 U.S.C. provide the allowable amounts to a recipient ered Federal agency may set aside not more 657d(e)(2)) is amended— that meets the eligibility requirements under the than 10 percent of the SBIR and STTR funds of (1) in subparagraph (A)— applicable subparagraph, if the recipient re- such agency for further technology develop- (A) in clause (i), by striking ‘‘50 cents’’ and quests to seek technical assistance from an indi- ment, testing, and evaluation of SBIR and inserting ‘‘35 cents’’; and vidual or entity other than the vendor selected (B) in clause (iii), by striking ‘‘75 cents’’ and STTR Phase II technologies. under paragraph (2) by the Federal agency. ‘‘(2) APPLICATION BY FEDERAL AGENCY.— inserting ‘‘50 cents’’; ‘‘(D) LIMITATION.—A Federal agency may ‘‘(A) IN GENERAL.—A covered Federal agency (2) in subparagraph (B), by striking ‘‘50 not— may not establish a pilot program unless such cents’’ and inserting ‘‘35 cents’’; ‘‘(i) use the amounts authorized under sub- agency makes a written application to the Ad- (3) by redesignating subparagraphs (C) and paragraph (A) or (B) unless the vendor selected ministrator, not later than 90 days before to the (D) as subparagraphs (D) and (E), respectively; under paragraph (2) provides the technical as- first day of the fiscal year in which the pilot and sistance to the recipient; or program is to be established, that describes a (4) by inserting after subparagraph (B) the ‘‘(ii) enter a contract with a vendor under compelling reason that additional investment in following: paragraph (2) under which the amount provided SBIR or STTR technologies is necessary, includ- ‘‘(C) RURAL AREAS.— for technical assistance is based on total number ing unusually high regulatory, systems integra- ‘‘(i) IN GENERAL.—Except as provided in of Phase I or Phase II awards.’’. tion, or other costs relating to development or clause (ii), the non-Federal share of the cost of manufacturing of identifiable, highly promising the activity carried out using an award or SEC. 204. COMMERCIALIZATION PROGRAM AT DE- PARTMENT OF DEFENSE. small business technologies or a class of such under a cooperative agreement under this sec- technologies expected to substantially advance tion shall be 35 cents for each Federal dollar Section 9(y) of the Small Business Act (15 the mission of the agency. that will be directly allocated by a recipient de- U.S.C. 638(y)) is amended— ‘‘(B) DETERMINATION.—The Administrator scribed in paragraph (A) to serve small business (1) in the subsection heading, by striking ‘‘PILOT’’; shall— concerns located in a rural area. ‘‘(i) make a determination regarding an appli- ‘‘(ii) ENHANCED RURAL AWARDS.—For a recipi- (2) by striking ‘‘Pilot’’ each place that term appears; cation submitted under subparagraph (A) not ent located in a rural area that is located in a later than 30 days before the first day of the fis- State described in subparagraph (A)(i), the non- (3) in paragraph (1)— (A) by inserting ‘‘or Small Business Tech- cal year for which the application is submitted; Federal share of the cost of the activity carried ‘‘(ii) publish the determination in the Federal nology Transfer Program’’ after ‘‘Small Busi- out using an award or under a cooperative Register; and agreement under this section shall be 15 cents ness Innovation Research Program’’; and ‘‘(iii) make a copy of the determination and for each Federal dollar that will be directly allo- (B) by adding at the end the following: ‘‘The any related materials available to the Committee cated by a recipient described in paragraph (A) authority to create and administer a Commer- on Small Business and Entrepreneurship of the to serve small business concerns located in the cialization Program under this subsection may Senate and the Committee on Small Business of rural area. not be construed to eliminate or replace any the House of Representatives. ‘‘(iii) DEFINITION OF RURAL AREA.—In this other SBIR program or STTR program that en- ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head subparagraph, the term ‘rural area’ has the hances the insertion or transition of SBIR or of a Federal agency may not make an award meaning given that term in section 1393(a)(2)) of STTR technologies, including any such program under a pilot program in excess of 3 times the the Internal Revenue Code of 1986.’’. in effect on the date of enactment of the Na- dollar amounts generally established for Phase tional Defense Authorization Act for Fiscal SEC. 202. SBIR–STEM WORKFORCE DEVELOPMENT II awards under subsection (j)(2)(D) or GRANT PILOT PROGRAM. Year 2006 (Public Law 109–163; 119 Stat. 3136).’’; (p)(2)(B)(ix). (a) PILOT PROGRAM ESTABLISHED.—From (4) in paragraph (2), by inserting ‘‘or Small ‘‘(4) MATCHING.—The head of a Federal agen- amounts made available to carry out this sec- Business Technology Transfer Program’’ after cy may not make an award under a pilot pro- tion, the Administrator shall establish a SBIR– ‘‘Small Business Innovation Research Pro- gram for SBIR or STTR Phase II technology STEM Workforce Development Grant Pilot Pro- gram’’; that will be acquired by the Federal Government gram to encourage the business community to (5) in paragraph (4), by inserting ‘‘or Small unless new private, Federal non-SBIR, or Fed- provide workforce development opportunities for Business Technology Transfer Program’’ after eral non-STTR funding that at least matches college students, in the fields of science, tech- ‘‘Small Business Innovation Research Pro- the award from the Federal agency is provided nology, engineering, and math (in this section gram’’; for the SBIR or STTR Phase II technology. ‘‘(5) ELIGIBILITY FOR AWARD.—The head of a referred to as ‘‘STEM college students’’), by pro- (6) by striking paragraph (6); Federal agency may make an award under a viding a SBIR bonus grant. (7) by redesignating paragraph (5) as para- pilot program to any applicant that is eligible to (b) ELIGIBLE ENTITIES DEFINED.—In this sec- graph (7); and receive a Phase III award related to technology tion the term ‘‘eligible entity’’ means a grantee (8) by inserting after paragraph (4) the fol- developed in Phase II of an SBIR or STTR receiving a grant under the SBIR Program on lowing: project. the date of the bonus grant under subsection (a) ‘‘(5) INSERTION INCENTIVES.—For any contract with a value of not less than $100,000,000, the ‘‘(6) REGISTRATION.—Any applicant that re- that provides an internship program for STEM ceives an award under a pilot program shall college students. Secretary of Defense is authorized to— ‘‘(A) establish goals for the transition of register with the Administrator in a registry (c) AWARDS.—An eligible entity shall receive a that is available to the public. bonus grant equal to 10 percent of either a Phase III technologies in subcontracting plans; and ‘‘(7) TERMINATION.—The authority to estab- Phase I or Phase II grant, as applicable, with a lish a pilot program under this section expires at total award maximum of not more than $10,000 ‘‘(B) require a prime contractor on such a contract to report the number and dollar the end of fiscal year 2014. per year. ‘‘(8) DEFINITIONS.—In this section— (d) EVALUATION.—Following the fourth year amount of contracts entered into by that prime ‘‘(A) the term ‘covered Federal agency’— of funding under this section, the Administrator contractor for Phase III SBIR or STTR projects. ‘‘(i) means a Federal agency participating in shall submit a report to Congress on the results ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY IN- the SBIR program or the STTR program; and of the SBIR–STEM Workforce Development SERTION.—The Secretary of Defense shall— ‘‘(ii) does not include the Department of De- Grant Pilot Program. ‘‘(A) set a goal to increase the number of fense; and (e) AUTHORIZATION OF APPROPRIATIONS.— Phase II SBIR contracts and the number of ‘‘(B) the term ‘pilot program’ means the pro- There are authorized to be appropriated to carry Phase II STTR contracts awarded by that Sec- gram established under paragraph (1).’’. out this section— retary that lead to technology transition into SEC. 206. NANOTECHNOLOGY INITIATIVE. (1) $1,000,000 for fiscal year 2011; programs of record or fielded systems; (a) IN GENERAL.—Section 9 of the Small Busi- (2) $1,000,000 for fiscal year 2012; ‘‘(B) use incentives in effect on the date of en- ness Act (15 U.S.C. 638), as amended by this Act, (3) $1,000,000 for fiscal year 2013; actment of the SBIR/STTR Reauthorization Act is amended by adding at the end the following: (4) $1,000,000 for fiscal year 2014; and of 2009, or create new incentives, to encourage ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each (5) $1,000,000 for fiscal year 2015. agency program managers and prime contrac- Federal agency participating in the SBIR or SEC. 203. TECHNICAL ASSISTANCE FOR AWARD- tors to meet the goal under subparagraph (A); STTR program shall encourage the submission EES. and of applications for support of nanotechnology Section 9(q)(3) of the Small Business Act (15 ‘‘(C) include in the annual report to Congress related projects to such program.’’. U.S.C. 638(q)(3)) is amended— the percentage of contracts described in sub- (b) SUNSET.—Effective October 1, 2014, sub- (1) in subparagraph (A), by striking ‘‘$4,000’’ paragraph (A) awarded by that Secretary, and section (ff) of the Small Business Act, as added and inserting ‘‘$5,000’’; information on the ongoing status of projects by subsection (a) of this section, is repealed. (2) in subparagraph (B)— funded through the Commercialization Program SEC. 207. ACCELERATING CURES. (A) by striking ‘‘, with funds available from and efforts to transition these technologies into The Small Business Act (15 U.S.C. 631 et seq.) their SBIR awards,’’; and programs of record or fielded systems.’’. is amended—

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(1) by redesignating section 44 as section 45; ‘‘(3) PHASE I AND II.—To the greatest extent ‘‘(II) the amount of additional capital that and practicable, the Director of the SBIR program of the awardee has invested in the SBIR tech- (2) by inserting after section 43 the following: the NIH shall reduce the time period between nology; ‘‘SEC. 44. SMALL BUSINESS INNOVATION RE- Phase I and Phase II funding of grants and ‘‘(ii) has an investor that— SEARCH PROGRAM. contracts under the SBIR program of the NIH to ‘‘(I) is an individual who is not a citizen of ‘‘(a) NIH CURES PILOT.— 6 months. the United States or a lawful permanent resi- ‘‘(1) ESTABLISHMENT.—An independent advi- ‘‘(f) LIMIT.—Not more than a total of 1 per- dent of the United States, and if so, the name of sory board shall be established at the National cent of the extramural budget (as defined in sec- any such individual; or Academy of Sciences (in this section referred to tion 9 of the Small Business Act (15 U.S.C. 638)) ‘‘(II) is a person that is not an individual and as the ‘advisory board’) to conduct periodic of the NIH for research or research and develop- is not organized under the laws of a State or the evaluations of the SBIR program (as that term ment may be used for the pilot program under United States, and if so the name of any such is defined in section 9) of each of the National subsection (c) and to carry out subsection (e). person; Institutes of Health (referred to in this section ‘‘(g) SUNSET.—This section shall cease to be ‘‘(iii) is owned by a woman or has a woman as the ‘NIH’) institutes and centers for the pur- effective on the date that is 5 years after the as a principal investigator; pose of improving the management of the SBIR date of enactment of the SBIR/STTR Reauthor- ‘‘(iv) is owned by a socially or economically program through data-driven assessment. ization Act of 2009.’’. disadvantaged individual or has a socially or ‘‘(2) MEMBERSHIP.— TITLE III—OVERSIGHT AND EVALUATION economically disadvantaged individual as a ‘‘(A) IN GENERAL.—The advisory board shall principal investigator; consist of— SEC. 301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS. ‘‘(v) received assistance under the FAST pro- ‘‘(i) the Director of the NIH; gram under section 34 or the outreach program ‘‘(ii) the Director of the SBIR program of the Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), as amended by section 102 of this under subsection (s); NIH; ‘‘(vi) is a faculty member or a student of an ‘‘(iii) senior NIH agency managers, selected by Act, is amended— institution of higher education, as that term is the Director of NIH; (1) in paragraph (7)— defined in section 101 of the Higher Education ‘‘(iv) industry experts, selected by the Council (A) by striking ‘‘STTR programs, including Act of 1965 (20 U.S.C. 1001); or of the National Academy of Sciences in con- the data’’ and inserting the following: ‘‘STTR ‘‘(vii) is located in a State described in sub- sultation with the Associate Administrator for programs, including— section (u)(3); and Technology of the Administration and the Di- ‘‘(A) the data’’; ‘‘(B) a justification statement from the agen- rector of the Office of Science and Technology (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), the cy, if an awardee receives an award in an Policy; and number’’ and all that follows through ‘‘under amount that is more than the award guidelines ‘‘(v) owners or operators of small business each of the SBIR and STTR programs, and a under this section;’’; and concerns that have received an award under the description’’ and inserting the following: ‘‘(g)(8) (4) in paragraph (10), as so redesignated, by SBIR program of the NIH, selected by the Asso- and (o)(9); and adding ‘‘and’’ at the end. ciate Administrator for Technology of the Ad- ‘‘(B) the number of proposals received from, ministration. and the number and total amount of awards to, SEC. 303. DATA COLLECTION FROM AGENCIES FOR STTR. ‘‘(B) NUMBER OF MEMBERS.—The total number HUBZone small business concerns and firms of members selected under clauses (iii), (iv), and with venture capital investment (including those Section 9(o) of the Small Business Act (15 (v) of subparagraph (A) shall not exceed 10. majority owned and controlled by multiple ven- U.S.C. 638(o)) is amended— ‘‘(C) EQUAL REPRESENTATION.—The total num- ture capital firms) under each of the SBIR and (1) by striking paragraph (9) and inserting the ber of members of the advisory board selected STTR programs; following: under clauses (i), (ii), (iii), and (iv) of subpara- ‘‘(C) a description of the extent to which each ‘‘(9) collect annually, and maintain in a com- graph (A) shall be equal to the number of mem- Federal agency is increasing outreach and mon format in accordance with the simplified bers of the advisory board selected under sub- awards to firms owned and controlled by women reporting requirements under subsection (v), paragraph (A)(v). and social or economically disadvantaged indi- such information from applicants and awardees ‘‘(b) ADDRESSING DATA GAPS.—In order to en- viduals under each of the SBIR and STTR pro- as is necessary to assess the STTR program out- hance the evidence-base guiding SBIR program grams; puts and outcomes, including information nec- decisions and changes, the Director of the SBIR ‘‘(D) general information about the implemen- essary to maintain the database described in program of the NIH shall address the gaps and tation and compliance with the allocation of subsection (k), including— deficiencies in the data collection concerns iden- funds required under subsection (cc) for firms ‘‘(A) whether an applicant or awardee— tified in the 2007 report of the National Acad- majority owned and controlled by multiple ven- ‘‘(i) has venture capital or is majority owned emies of Science entitled ‘An Assessment of the ture capital firms under each of the SBIR and and controlled by multiple venture capital firms, Small Business Innovation Research Program at STTR programs; and, if so— the NIH’. ‘‘(E) a detailed description of appeals of ‘‘(I) the amount of venture capital that the ‘‘(c) PILOT PROGRAM.— Phase III awards and notices of noncompliance applicant or awardee has received as of the date ‘‘(1) IN GENERAL.—The Director of the SBIR with the SBIR and the STTR Policy Directives of the application or award, as applicable; and program of the NIH may initiate a pilot pro- filed by the Administrator with Federal agen- ‘‘(II) the amount of additional capital that gram, under a formal mechanism for designing, cies; and the applicant or awardee has invested in the implementing, and evaluating pilot programs, to ‘‘(F) a description’’; and SBIR technology; spur innovation and to test new strategies that (2) by inserting after paragraph (7) the fol- ‘‘(ii) has an investor that— may enhance the development of cures and lowing: ‘‘(I) is an individual who is not a citizen of therapies. ‘‘(8) to coordinate the implementation of elec- the United States or a lawful permanent resi- ‘‘(2) CONSIDERATIONS.—The Director of the tronic databases at each of the Federal agencies dent of the United States, and if so, the name of SBIR program of the NIH may consider con- participating in the SBIR program or the STTR any such individual; or ducting a pilot program to include individuals program, including the technical ability of the ‘‘(II) is a person that is not an individual and with successful SBIR program experience in participating agencies to electronically share is not organized under the laws of a State or the study sections, hiring individuals with small data;’’. United States, and if so the name of any such business development experience for staff posi- SEC. 302. DATA COLLECTION FROM AGENCIES person; tions, separating the commercial and scientific FOR SBIR. ‘‘(iii) is owned by a woman or has a woman review processes, and examining the impact of Section 9(g) of the Small Business Act (15 as a principal investigator; the trend toward larger awards on the overall U.S.C. 638(g)) is amended— ‘‘(iv) is owned by a socially or economically program. (1) by striking paragraph (10); disadvantaged individual or has a socially or ‘‘(d) REPORT TO CONGRESS.—The Director of (2) by redesignating paragraphs (8) and (9) as economically disadvantaged individual as a the NIH shall submit an annual report to Con- paragraphs (9) and (10), respectively; principal investigator; gress and the advisory board on the activities of (3) by inserting after paragraph (7) the fol- ‘‘(v) received assistance under the FAST pro- the SBIR program of the NIH under this section. lowing: gram under section 34 or the outreach program ‘‘(e) SBIR GRANTS AND CONTRACTS.— ‘‘(8) collect annually, and maintain in a com- under subsection (s); ‘‘(1) IN GENERAL.—In awarding grants and mon format in accordance with the simplified ‘‘(vi) is a faculty member or a student of an contracts under the SBIR program of the NIH reporting requirements under subsection (v), institution of higher education, as that term is each SBIR program manager shall place an em- such information from awardees as is necessary defined in section 101 of the Higher Education phasis on applications that identify products to assess the SBIR program, including informa- Act of 1965 (20 U.S.C. 1001); or and services that may enhance the development tion necessary to maintain the database de- ‘‘(vii) is located in a State in which the total of cures and therapies. scribed in subsection (k), including— value of contracts awarded to small business ‘‘(2) EXAMINATION OF COMMERCIALIZATION ‘‘(A) whether an awardee— concerns under all STTR programs is less than AND OTHER METRICS.—The advisory board shall ‘‘(i) has venture capital or is majority owned the total value of contracts awarded to small evaluate the implementation of the requirement and controlled by multiple venture capital firms, business concerns in a majority of other States, under paragraph (1) by examining increased and, if so— as determined by the Administrator in biennial commercialization and other metrics, to be deter- ‘‘(I) the amount of venture capital that the fiscal years, beginning with fiscal year 2008, mined and collected by the SBIR program of the awardee has received as of the date of the based on the most recent statistics compiled by NIH. award; and the Administrator; and

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TECHNOLOGY INSERTION REPORTING amount that is more than the award guidelines United States shall— REQUIREMENTS. under this section, a statement from the agency (1) conduct a fiscal and management audit of Section 9 of the Small Business Act (15 U.S.C. that justifies the award amount;’’; the SBIR program and the STTR program for 638), as amended by this Act, is amended by (2) in paragraph (14), by adding ‘‘and’’ at the the applicable period to— adding at the end the following: end; (A) determine whether Federal agencies com- ‘‘(gg) PHASE III REPORTING.—The annual (3) by striking paragraph (15); and ply with the expenditure amount requirements SBIR or STTR report to Congress by the Admin- (4) by redesignating paragraph (16) as para- under subsections (f)(1) and (n)(1) of section 9 of istration under subsection (b)(7) shall include, graph (15). the Small Business Act (15 U.S.C. 638), as for each Phase III award made by the Federal SEC. 304. PUBLIC DATABASE. amended by this Act; agency— Section 9(k)(1) of the Small Business Act (15 (B) assess the extent of compliance with the ‘‘(1) the name of the agency or component of U.S.C. 638(k)(1)) is amended— requirements of section 9(i)(2) of the Small Busi- the agency or the non-Federal source of capital (1) in subparagraph (D), by striking ‘‘and’’ at ness Act (15 U.S.C. 638(i)(2)) by Federal agencies making the Phase III award; the end; participating in the SBIR program or the STTR ‘‘(2) the name of the small business concern or (2) in subparagraph (E), by striking the period program and the Administration; individual receiving the Phase III award; and at the end and inserting ‘‘; and’’; and (C) assess whether it would be more consistent ‘‘(3) the dollar amount of the Phase III (3) by adding at the end the following: and effective to base the amount of the alloca- award.’’. tions under the SBIR program and the STTR ‘‘(F) for each small business concern that has SEC. 309. INTELLECTUAL PROPERTY PROTEC- received a Phase I or Phase II SBIR or STTR program on a percentage of the research and de- TIONS. velopment budget of a Federal agency, rather award from a Federal agency, whether the small (a) IN GENERAL.—The Comptroller General of business concern— than the extramural budget of the Federal agen- the United States shall conduct a study of the ‘‘(i) has venture capital and, if so, whether cy; and SBIR program to assess whether— (D) determine the portion of the extramural the small business concern is registered as ma- (1) Federal agencies comply with the data research or research and development budget of jority owned and controlled by multiple venture rights protections for SBIR awardees and the a Federal agency that each Federal agency capital companies as required under subsection technologies of SBIR awardees under section 9 (cc)(3); spends for administrative purposes relating to the SBIR program or STTR program, and for of the Small Business Act (15 U.S.C. 638); ‘‘(ii) is owned by a woman or has a woman as (2) the laws and policy directives intended to a principal investigator; what specific purposes, including the portion, if any, of such budget the Federal agency spends clarify the scope of data rights, including in ‘‘(iii) is owned by a socially or economically prototypes and mentor-prote´ge´ relationships disadvantaged individual or has a socially or for salaries and expenses, travel to visit applicants, outreach events, marketing, and tech- and agreements with Federal laboratories, are economically disadvantaged individual as a sufficient to protect SBIR awardees; and principal investigator; nical assistance; and (2) submit a report to the Committee on Small (3) there is an effective grievance tracking ‘‘(iv) received assistance under the FAST pro- process for SBIR awardees who have grievances gram under section 34 or the outreach program Business and Entrepreneurship of the Senate and the Committee on Small Business of the against a Federal agency regarding data rights under subsection (s); or and a process for resolving those grievances. ‘‘(v) is owned by a faculty member or a stu- House of Representatives regarding the audit (b) REPORT.—Not later than 18 months after dent of an institution of higher education, as conducted under paragraph (1), including the the date of enactment of this Act, the Comp- that term is defined in section 101 of the Higher assessments required under subparagraphs (B) troller General shall submit to the Committee on Education Act of 1965 (20 U.S.C. 1001).’’. and (C), and the determination made under subparagraph (D) of paragraph (1). Small Business and Entrepreneurship of the SEC. 305. GOVERNMENT DATABASE. Senate and the Committee on Small Business of Section 9(k)(2) of the Small Business Act (15 (b) DEFINITION OF APPLICABLE PERIOD.—In this section, the term ‘‘applicable period’’ the House of Representatives a report regarding U.S.C. 638(k)(2)) is amended— the study conducted under subsection (a). (1) by redesignating subparagraphs (C), (D), means— (1) for the first report submitted under this and (E) as subparagraphs (D), (E), and (F), re- TITLE IV—POLICY DIRECTIVES section, the period beginning on October 1, 2000, spectively; SEC. 401. CONFORMING AMENDMENTS TO THE (2) by inserting after subparagraph (B) the and ending on September 30 of the last full fis- SBIR AND THE STTR POLICY DIREC- following: cal year before the date of enactment of this Act TIVES. ‘‘(C) includes, for each awardee— for which information is available; and (a) IN GENERAL.—Not later than 180 days ‘‘(i) the name, size, location, and any identi- (2) for the second and each subsequent report after the date of enactment of this Act, the Ad- fying number assigned to the awardee by the submitted under this section, the period— ministrator shall promulgate amendments to the (A) beginning on October 1 of the first fiscal Administrator; SBIR Policy Directive and the STTR Policy Di- ‘‘(ii) whether the awardee has venture capital, year after the end of the most recent full fiscal rective to conform such directives to this Act and, if so— year relating to which a report under this sec- and the amendments made by this Act. ‘‘(I) the amount of venture capital as of the tion was submitted; and (b) PUBLISHING SBIR POLICY DIRECTIVE AND (B) ending on September 30 of the last full fis- date of the award; THE STTR POLICY DIRECTIVE IN THE FEDERAL cal year before the date of the report. ‘‘(II) the percentage of ownership of the REGISTER.—Not later than 180 days after the awardee held by a venture capital firm, includ- SEC. 307. CONTINUED EVALUATION BY THE NA- date of enactment of this Act, the Administrator TIONAL ACADEMY OF SCIENCES. ing whether the awardee is majority owned and shall publish the amended SBIR Policy Directive Section 108 of the Small Business Reauthor- controlled by multiple venture capital firms; and and the amended STTR Policy Directive in the ization Act of 2000 (15 U.S.C. 638 note) is amend- ‘‘(III) the amount of additional capital that Federal Register. the awardee has invested in the SBIR tech- ed by adding at the end the following: ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- SEC. 402. PRIORITIES FOR CERTAIN RESEARCH nology, which information shall be collected on THORITY.— INITIATIVES. an annual basis; ‘‘(1) IN GENERAL.—Not later than 6 months (a) IN GENERAL.—Section 9 of the Small Busi- ‘‘(iii) the names and locations of any affiliates after the date of enactment of the SBIR/STTR ness Act (15 U.S.C. 638), as amended by this Act, of the awardee; Reauthorization Act of 2009, the head of each is amended by adding at the end the following: ‘‘(iv) the number of employees of the awardee; ‘‘(hh) RESEARCH INITIATIVES.—To the extent ‘‘(v) the number of employees of the affiliates agency described in subsection (a), in consultation with the Small Business Administration, that such projects relate to the mission of the of the awardee; and Federal agency, each Federal agency partici- ‘‘(vi) the names of, and the percentage of shall cooperatively enter into an agreement with pating in the SBIR program or STTR program ownership of the awardee held by— the National Academy of Sciences for the Na- shall encourage the submission of applications ‘‘(I) any individual who is not a citizen of the tional Research Council to conduct a study de- for support of projects relating to security, en- United States or a lawful permanent resident of scribed in subsection (a)(1) and make rec- ergy, transportation, or improving the security the United States; or ommendations described in subsection (a)(2) not ‘‘(II) any person that is not an individual and later than 4 years after the date of enactment of and quality of the water supply of the United is not organized under the laws of a State or the the SBIR/STTR Reauthorization Act of 2009, States to such program.’’. United States;’’; and and every 4 years thereafter. (b) SUNSET.—Effective October 1, 2014, section (3) in subparagraph (D), as so redesignated— ‘‘(2) REPORTING.—An agreement under para- 9(hh) of the Small Business Act, as added by (A) in clause (ii), by striking ‘‘and’’ at the graph (1) shall require that not later than 4 subsection (a) of this section, is repealed. end; and years after the date of enactment of the SBIR/ SEC. 403. REPORT ON SBIR AND STTR PROGRAM (B) by adding at the end, the following: STTR Reauthorization Act of 2009, and every 4 GOALS. ‘‘(iv) whether the applicant was majority years thereafter, the National Research Council Section 9 of the Small Business Act (15 U.S.C. owned and controlled by multiple venture cap- shall submit to the head of the agency entering 638), as amended by this Act, is amended by ital firms; and into the agreement, the Committee on Small adding at the end the following: ‘‘(v) the number of employees of the appli- Business and Entrepreneurship of the Senate, ‘‘(ii) ANNUAL REPORT ON SBIR AND STTR cant;’’. and the Committee on Small Business of the PROGRAM GOALS.— SEC. 306. ACCURACY IN FUNDING BASE CALCULA- House of Representatives a report regarding the ‘‘(1) DEVELOPMENT OF METRICS.—The head of TIONS. study conducted under paragraph (1) and con- each Federal agency required to participate in (a) IN GENERAL.—Not later than 1 year after taining the recommendations described in para- the SBIR program or the STTR program shall the date of enactment of this Act, and every 3 graph (1).’’. develop metrics to evaluate the effectiveness,

VerDate Nov 24 2008 02:53 Jul 14, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 6333 E:\CR\FM\A13JY6.044 S13JYPT1 rfrederick on DSKD9S0YB1PROD with SENATE July 13, 2009 CONGRESSIONAL RECORD — SENATE S7439 and the benefit to the people of the United AUTUMN H. CAYCEDO Senate, I ask unanimous consent it ad- MARIO CAYCEDO States, of the SBIR program and the STTR pro- journ under the previous order. MICHAEL N. CLEMENSHAW gram of the Federal agency that— There being no objection, the Senate, MATTHEW A. CODY ‘‘(A) are science-based and statistically driv- MARC A. COOPER at 7:30 p.m., adjourned until Tuesday, RICARDO CORTEZ en; JAMES V. CRAWFORD ‘‘(B) reflect the mission of the Federal agency; July 14, 2009, at 10 a.m. REID E. CULTON and f STEVEN J. CURRIER BRIAN B. CUSHING ‘‘(C) include factors relating to the economic SCOTT R. DALTON impact of the programs. NOMINATIONS KEPLER A. DAVIS ‘‘(2) EVALUATION.—The head of each Federal Executive nominations received by MICHAEL D. DAVIS agency described in paragraph (1) shall conduct ROBERT W. DAVIS the Senate: ALAN J. DEANGELO an annual evaluation using the metrics devel- RHONDA DEEN oped under paragraph (1) of— DEPARTMENT OF THE INTERIOR JAMES A. DICKERSON II MINHLUAN N. DOAN ‘‘(A) the SBIR program and the STTR pro- JONATHAN B. JARVIS, OF CALIFORNIA, TO BE DIREC- MARTIN DOPERAK gram of the Federal agency; and TOR OF THE NATIONAL PARK SERVICE, VICE MARY MARTEN B. DUNCAN ‘‘(B) the benefits to the people of the United AMELIA BOMAR, RESIGNED. ROBERT E. ECKART DEPARTMENT OF HEALTH AND HUMAN SERVICES JESS D. EDISON States of the SBIR program and the STTR pro- HERBERT C. EIDT gram of the Federal agency. BRYAN HAYES SAMUELS, OF ILLINOIS, TO BE COMMIS- ANTHONY R. ELIAS ‘‘(3) REPORT.— SIONER ON CHILDREN, YOUTH, AND FAMILIES, DEPART- BRYAN A. FISK ‘‘(A) IN GENERAL.—The head of each Federal MENT OF HEALTH AND HUMAN SERVICES, VICE JOAN E. LISA M. FOGLIA OHL, RESIGNED. SUSAN R. FONDY agency described in paragraph (1) shall submit DION L. FRANGA to the appropriate committees of Congress and DEPARTMENT OF STATE ERIC R. FRIZZELL DAVID Y. GAITONDE the Administrator an annual report describing GLYN T. DAVIES, OF THE DISTRICT OF COLUMBIA, A CA- VINAYA A. GARDE REER MEMBER OF THE SENIOR FOREIGN SERVICE, in detail the results of an evaluation conducted STEVEN J. GAYDOS CLASS OF MINISTER-COUNSELOR, TO BE REPRESENTA- BABETTE GLISTERCARLSON under paragraph (2). TIVE OF THE UNITED STATES OF AMERICA TO THE VI- JOHN GODINO ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The ENNA OFFICE OF THE UNITED NATIONS, WITH THE RANK RODNEY S. GONZALEZ OF AMBASSADOR. head of each Federal agency described in para- JENNIFER L. GOTKIN graph (1) shall make each report submitted GLYN T. DAVIES, OF THE DISTRICT OF COLUMBIA, A CA- SCOTT R. GRIFFITH REER MEMBER OF THE SENIOR FOREIGN SERVICE, DAVID D. HAIGHT under subparagraph (A) available to the public CLASS OF MINISTER-COUNSELOR, TO BE REPRESENTA- KATRINA D. HALL online. TIVE OF THE UNITED STATES OF AMERICA TO THE MOHAMAD I. HAQUE ‘‘(C) DEFINITION.—In this paragraph, the term INTERNATIONAL ATOMIC ENERGY AGENCY, WITH THE MARLA R. HEMPHILL RANK OF AMBASSADOR. ‘appropriate committees of Congress’ means— DUANE R. HENNION IN THE AIR FORCE LANCE R. HOOVER ‘‘(i) the Committee on Small Business and En- JOSEPH R. HSU trepreneurship of the Senate; and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KERMIT D. HUEBNER ‘‘(ii) the Committee on Small Business and the TO THE GRADE INDICATED IN THE REGULAR AIR FORCE ANTHONY E. JOHNSON UNDER TITLE 10, U.S.C., SECTION 531(A): CHRISTOPHER M. JOHNSON Committee on Science and Technology of the JEREMIAH J. JOHNSON House of Representatives.’’. To be major DANIEL T. JOHNSTON SEC. 404. COMPETITIVE SELECTION PROCEDURES BRANDON T. GROVER DANIEL B. JUDD ANDREW C. KIM FOR SBIR AND STTR PROGRAMS. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- KEVIN M. KING Section 9 of the Small Business Act (15 U.S.C. MENT TO THE GRADE INDICATED IN THE REGULAR AIR MICHAEL V. KRASNOKUTSKY 638), as amended by this Act, is amended by FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): CRAIG S. LABUDA MICHAEL T. LAKE adding at the end the following: To be major JAMES G. LAMPHEAR ‘‘(jj) COMPETITIVE SELECTION PROCEDURES STEPHEN H. MONTALDI CHRISTINE E. LANG FOR SBIR AND STTR PROGRAMS.—All funds PETROS G. LEINONEN IN THE ARMY CHRISTOPHER J. LETTIERI awarded, appropriated, or otherwise made JEFFREY A. LEVY available in accordance with subsection (f) or THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FELISA S. LEWIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY PETER A. LINDENBERG (n) must be awarded pursuant to competitive UNDER TITLE 10, U.S.C., SECTION 624: and merit-based selection procedures.’’. YINCE LOH To be lieutenant colonel JAMES H. LYNCH IV f ROBERT L. MABRY CHARLES R. WHITSETT MARSHALL J. MALINOWSKI ORDERS FOR TUESDAY, JULY 14, JAMES D. MANCUSO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRYANT G. MARCHANT 2009 TO THE GRADE INDICATED IN THE RESERVE OF THE LAWRENCE N. MASULLO ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DOUGLAS MAURER Mr. REID. Mr. President, I ask unan- To be colonel JAMES R. MAXWELL, JR. imous consent that when the Senate STEWART C. MCCARVER DALLAS A. WINGATE CRAIG C. MCFARLAND completes its business today, it ad- CRAIG H. MCHOOD journ until 10 a.m. tomorrow, July 14; THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL W. MCMASTERS TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER D. MEDELLIN that following the prayer and pledge, DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 COLIN A. MEGHOO the Journal of proceedings be approved AND 3064: CHRISTIAN J. MEKO To be lieutenant colonel CECILIA P. MIKITA to date, the morning hour be deemed SCOTT C. MORAN expired, the time for the two leaders be HOLMES C. AITA MOHAMMAD NAEEM ANN BEHRENDS CHRISTOPHER NEWTON reserved for their use later in the day, STEPHANIE CALHOUNJAMISON MARK W. NOLLER and then there be a period for morning MYUNGSOOK CHO SETH D. OBRIEN SO B. CHOI MARK S. OCHOA business of 1 hour, with the time equal- STEPHEN E. CLARY JOHN S. OH ly divided and controlled between the KENNETH J. ERLEY ROBERT C. OH WILLIE R. FAISON ERIK C. OSBORN two leaders or their designees, with the CRAIG M. GAYTON BRETT D. OWENS majority controlling the first half and MARRERO J. GONZALEZ LAURA A. PACHA BRETT H. HENSON MAUREEN M. PETERSEN the Republicans controlling the final TINA R. JONESFAISON SCOTT M. PETERSEN half, with Senators permitted to speak ADAM J. MCKISSOCK MICHAEL PIESMAN NEIL E. MOREY MICHAEL W. PRICE for up to 10 minutes each; further, that TODD E. PIENKOS ROBERT C. PRICE following morning business, the Senate JASON C. STRANGE ELDEN R. RAND MICHAEL S. TROUT JOSEPH W. REARDON resume consideration of Calendar No. RYAN J. WANG KYLE N. REMICK 89, S. 1390, the Department of Defense THOMAS B. REPINE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL C. REYNOLDS authorization bill; then I ask the Sen- TO THE GRADE INDICATED IN THE UNITED STATES ARMY TRAVIS B. RICHARDSON ate recess from 12:30 p.m. until 2:15 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 STEPHEN S. ROBERTS AND 3064: ERIK J. RUPARD p.m. to allow for the weekly caucus To be lieutenant colonel JOHN D. SCHABER luncheons. CARRIE L. SCHMITT JAYSON D. AYDELOTTE RAFAEL A. SCHULZE The PRESIDING OFFICER. Without DOUGLAS A. BADZIK MICHAEL G. STANLEY objection, it is so ordered. REGINALD L. BAKER ANN M. STRAIGHT KEVIN P. BANKS TIMOTHY M. STRAIGHT f THERESA A. BENCHOFF TING J. TAI REONO BERTAGNOLLI CHRISTOPHER E. TEBROCK ADJOURNMENT UNTIL 10 A.M., DANIEL P. BIGLEY SIMON H. TELIAN ROGER D. BROCKBANK ALEXANDER G. TRUESDELL TUESDAY, JULY 14, 2009 ADAM G. BUCHANAN VU TRUONG Mr. REID. Mr. President, if there is JEANETTE R. BURGESS CREIGHTON C. TUBB RICARDO M. BURGOS RICHARD L. URSONE no further business to come before the MARK G. CARMICHAEL FRANK E. VALENTIN

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WENDI M. WAITS JAMES R. SANDERS ROBERT C. BANDY MATTHEW C. WAKEFIELD JAMES F. SCARCELLI ROBERT E. BEBERMEYER BRENDAN M. WEISS FRANK G. SCHLERETH III VINCENT S. CHERNESKY DEREK C. WHITAKER JONATHAN E. SCHWARTZ JOSEPH DITURI JENNIFER S. WINK PETER N. SHEPARD KENNETH A. EBERT ROBERT N. WOODMORRIS HENRY A. STEPHENSON ALLAN S. FELICIANO GERALD E. YORK II ROBERT A. WACHTEL GREGORY E. FENNELL AMY L. YOUNG SETH A. WALTERS BALDOMERO GARCIA, JR. D070684 CHAD D. WEST JONATHAN C. GARCIA DANIEL L. WHITEHURST DANIELLE N. GEORGE IN THE NAVY CRAIG M. WHITTINGHILL BRIAN K. HARBISON SCOTT D. YOUNG THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- DAVID T. HART VINCENT J. JANOWIAK MENT TO THE GRADE INDICATED IN THE UNITED STATES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC K. LIND NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERIK A. NESTERUK UNDER TITLE 10, U.S.C., SECTION 624: To be captain CAREY M. PANTLING To be commander JASON L. RHOADS JOHNSON MING-YU LIU FRANCIS D. ROCHFORD JASON B. BABCOCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY D. ROSE ALAN J. CHACE RONALD J. RUTAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES C. COUDEYRAS STEPHEN F. SARAR UNDER TITLE 10, U.S.C., SECTION 624: PATRICK A. COUNT TRACIE A. SEVERSON JOEL D. DAVIS To be commander NEIL G. SEXTON JOSEPH E. DUPRE PETER D. SMALL MICHAEL C. ELLIOT ROBERTO M. ABUBO JOHN D. STEVENS CLARENCE FRANKLIN, JR. LUKE ARKINS STEVEN R. VONHEEDER ETHAN C. GIBSON ELIZABETH K. DALTON DWIGHT S. WARNOCK DAVID A. GLEESON JAMES D. DANNELS, JR. GODFREY D. WEEKES JOSHUA C. HANSEN GARY B. FROST BRENT F. WEST JENNA K. HAUSVIK BRIAN H. GAINES DOUGLAS L. WILLIAMS THOMAS M. GOREY III JAMES H. HENDERSONCOFFEY CYNTHIA M. KEITH ROBERT A. WOLF JON C. GRANT DANIEL F. YOUCH JAMES B. HADLEY FRED L. LINDY CHARLES E. HARRISON SHAWN W. MCGINNIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLOTTE M. HURD KRISTOFER D. MICHAUD TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLEN P. JACKSON KURTIS A. MOLE UNDER TITLE 10, U.S.C., SECTION 624: GREGORY J. KAYSER DONOVAN I. OUBRE LOWELL R. KURZ CESAR G. RIOS, JR. To be commander THOMAS J. LALLY WILLIAM L. RODGERS III JERRY L. ALEXANDER, JR. DANIEL MCGUINNESS DANIEL J. SANDER TRISHA R. SNYDER DOUGLAS L. BARNARD ANDREW J. MCMENAMIN MICHAEL J. TODD JOHNNY E. BOWEN DARYL PIERCE ALLISA M. WALKER AQUILLA J. CAUSEY ALONZA J. ROSS CLAY S. CHILSON KEITH J. ROWE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THAVEEPHO DOUANGAPHAIVONG GEORGE R. SHARP TO THE GRADE INDICATED IN THE UNITED STATES NAVY MITZI A. ELLIS RICHARD S. SHERMAN UNDER TITLE 10, U.S.C., SECTION 624: JOHN M. GRAF RICHARD E. SIMPSON DAVID W. HILL VINCENT E. SMITH To be commander ANTHONY S. KAPUSCHANSKY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BYRON V. T. ALEXANDER SABRA D. KOUNTZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK B. BAEHR STORMI J. LOONEY UNDER TITLE 10, U.S.C., SECTION 624: RANDALL W. BOSTICK PATRICK S. MARTIN EMMA J. M. BROWN To be commander HELEN M. MURPHY JOAQUIN S. CORREIA LEE A. C. NEWTON TIMOTHY A. ANDERSON MICHAEL C. DEWALT CYNTHIA A. RAMSEY BLAKE D. EIKENBERRY BRADY A. BROWN RENEE J. SQUIER JAMES B. GATEAU CHRISTY G. COWAN MARIA T. WILKE JODY H. GRADY DAMON B. DIXON BOBBY L. HAND, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLAUDE F. GAHARD, JR. DAMEN O. HOFHEINZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEVEN MANCINI JOHN C. JOHNSON, JR. UNDER TITLE 10, U.S.C., SECTION 624: DEXTER A. NEWTON BRADLEY L. KINKEAD RONALD J. PIRET EDWARD A. KRUK To be commander JUSTIN M. REEVES MICHAEL D. LEBU SEAN D. ROBINSON RYAN D. AARON ADONIS R. MASON CHARLES S. ABBOT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICKY MCIVER SHAWN A. ROBERTS ALAN C. ABER TO THE GRADE INDICATED IN THE UNITED STATES NAVY RAFAEL A. ACEVEDO UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH ROTH VINCENT S. TIONQUIAO DAVID C. ADAMS To be commander STEVEN M. WENDELIN JOHN R. ADAMS MARCIA L. ZIEMBA ALLEN D. ADKINS JACOB A. BAILEYDAYSTAR RAYMOND J. ALBARADO II MICHAEL K. BEIDLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH W. ALDEN JOSE M. DELAFUENTE TO THE GRADE INDICATED IN THE UNITED STATES NAVY LUIS A. ALVAREZ ROBERT K. FEDERAL III UNDER TITLE 10, U.S.C., SECTION 624: DAMON K. AMARAL DANIEL C. HEDRICK ALYSA L. AMBROSE THOMAS H. KIERSTEAD IV To be commander BRIAN P. ANDERSON TONY S. W. PARK JOHN A. BLOCKER JON M. ANDERSON MICHAEL S. ANSLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERROL A. CAMPBELL, JR. JOSEPH A. CASCIO PETER L. ANTONACCI TO THE GRADE INDICATED IN THE UNITED STATES NAVY DERICK S. ARMSTRONG UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM M. CRANE CHRISTOPHER R. DESENA DEREK J. ATKINSON To be commander JOHN E. DOUGHERTY IV SCOTT A. AVERY SCOTT DRAYTON DAVID N. BACK BROOK DEWALT MATTHEW W. EDWARDS CHRISTOPHER G. BAILEY DOUGLAS GABOS KENNETH W. GRZYMALSKI SHAWN T. BAILEY KIMBERLY S. MARKS CHARLES N. HACKARD, JR. VINCE W. BAKER KENNETH C. MARSHALL TROY C. HICKS STEPHEN D. BALKA STEVEN J. MAVICA THOMAS H. HOOVER WILLIAM J. BARD PHILIP R. ROSI II PATRICK L. MODLIN ANTHONY C. BARNES JASON P. SALATA MICHAEL M. PEREIRA JOHN J. BARNETT WENDY L. SNYDER JEFFREY M. VICARIO SEAN L. BARTLETT DAVID H. BASSETT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES S. BATES II TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEWART L. BATESHANSKY UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: DAVID E. BAUER To be commander To be commander PATRICK A. BECKER RYAN J. BEDNER SOWON S. AHN ANGEL BELLIDO CLAYBORNE H. BEERS STEVEN A. ATTENWEILER RICHARD A. BRAUNBECK III STEVEN J. BELLACK ERIC G. BROOKS JOSE R. CORDERO JERRIS L. BENNETT ANDREW J. CHARLES THOMAS C. ENGLAND ANDREE E. BERGMANN ROBERT F. HIGHT, JR. ALLEN R. FORD MARCUS J. BESLIN ROBERT P. JOHNS LOUIS P. GONCALVES ANDREW M. BIEHN JEFFREY L. JOHNSON GRANT GORTON JEFFREY M. BIERLEY ERIC E. LAHTI ANTHONY K. JARAMILLO MICHAEL E. BIERY KYLE L. LEESE WESLEY J. JOSHWAY MICHAEL E. BISSELL JOHN B. MARKLEY HUMPHERY G. LEE CORY J. BLASER JEFFREY G. MAYBERRY STEVE PADRON GREGORY D. BLYDEN JOHN C. MYERS DAVID R. SCALF WALTER BONILLA KEVIN E. NELSON BRET A. WASHBURN MARC D. BORAN MICHAEL P. OHARA MATT L. BOREN DAVID M. OVERCASH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MOLLY J. BORON CARLOS A. PLAZAS, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. BOWEN PAUL A. POSTOLAKI UNDER TITLE 10, U.S.C., SECTION 624: FRANK E. BRANDON JEREMIAH J. RABITOR To be commander JASON K. BRANDT PAUL S. ROSE JOHN A. BRATTAIN BRIAN K. ROWER LEE G. BAIRD EDWARD A. BRAY

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ERIC D. BRAY NICKOLAS G. GARCIA MICHAEL A. MARSTON BRADLEY E. BREWER VINCENT D. GARCIA RICHARD M. MASICA MICHAEL W. BRIGGS DAVID M. GARDELLA CLAYTON E. MASON WESLEY P. BRINGHAM JOSEPH L. GEARY CRAIG T. MATTINGLY TIMOTHY M. BROSNAN ROBERT E. F. GENTRY SCOTT C. MCCLELLAND COREY L. BROWN JOSEPH C. GIRARD CHARLES G. MCKINNEY DARRYL BROWN TODD S. GLASSER ZACHARY C. MCMECHAN JAMES A. BROWNLEE ADAM N. GOETZ MATTHEW S. MEMMELAAR ROBERT M. BRUCE ANTHONY R. GONZALEZ TODD B. MENCKE BRANDON S. BRYAN NOEL D. GONZALEZ MICHAEL W. MEREDITH ROBERT B. BRYANT JONATHAN T. GOOD GREGORY A. MEYER MARK R. BRZEZINSKI JASON E. GOODALL ROBERT J. MICHAEL II WILLIAM H. BUCEY III WILLIAM B. GOSS TRACY L. MICHAUD ROBERT B. BUCHANAN HENRY L. GOURDINE ELVIS T. MIKEL ARON F. BUCKLES WAYNE J. GOVEIA ANDREW T. MILLER DANIEL A. BUHR STEVEN M. GRANT BRIAN J. MILLER THEODORE M. BURK JOHN H. GRIMES SCOTT T. MILLER DAVID E. BURKE GREGORY L. GUIDRY LEONARD H. J. MILLIKEN WILLIAM A. BURNS CRAIG M. GUMMER TAVONYA S. MINER MATTHEW S. BURTON JAMES B. GUNDY JAMES R. MIRES BRADLEY W. BUSCH STEVEN R. GUNTHER PETER T. MIRISOLA CHRISTOPHER R. CALDWELL JUAN J. GUTIERREZ PAUL J. MITCHELL DANIEL B. CALDWELL LEIF E. HAMMERSMARK JOHN M. MONTAGNET GARRETT I. CAMPBELL JOHN S. HANNON JOHN T. MONTONYE ANDREW F. CARLSON KENNETH L. HANSEN MICHAEL E. MORERA GARY J. CARLSON MICHAEL A. HARBISON JON H. MORETTY SCOTT A. CARROLL ISRAEL M. HARDEN GEORGE E. MORRILL IV GREGORY R. CASKEY SCOTT A. HARDY MURZBAN F. MORRIS ARTHUR D. CASTILLO, JR. BENJAMIN W. HARRIS RICHARD B. MORRISON YONG K. CHA CHRISTOPHER J. HARRIS MATTHEW J. MOWAD ANDREW G. CHICOINE GARRY A. HARSANYI NICHOLAS A. MUNGAS JEFFERY E. CHISM DIRK J. HART MICHAEL D. MURNANE KYUJIN J. CHOI JAMES F. HARTMAN MATTHEW W. MURPHY DAVID A. CISNEROS JEREMY J. HAWKS SEAN M. MUTH BRIAN J. CLARK ROBERT E. HAWTHORNE III BRIAN T. MUTTY DIEGO E. CODOSEA STEPHEN C. HAYES DEREK F. NALEWAJKO BRET B. COLBY DION C. HAYLE DAVID D. NEAL WILLIAM E. COLEMAN, JR. RYAN J. HEILMAN CHRISTOPHER M. NELSON MATTHEW K. CONLIFFE ROGER D. HEINKEN, JR. EDWARD F. NEWBY MICHAEL R. CONNER SCOTT W. HEMELSTRAND KENNETH C. NIELSEN III BENJAMIN R. COOK LEONARD W. HENNESSY III MATTHEW D. NORRIS CHRISTIAN E. COOK CHAD F. HENNINGS SCOTT M. NOVINGER JEFFREY M. COOPER CHRISTOPHER H. HERR DANIEL A. NOWICKI MARK E. COOPER KRISTEN M. HERRGARRETT DAVID M. ODEN WESLEY W. COOPER BRETT C. HERSHMAN ROBERT F. OGDEN JENNIFER S. COUTURE TRENTON D. HESSLINK PATRICK N. OLSEN JOHN C. COWAN JOHN W. HEWITT CRAIG R. OLSON CHRISTOPHER A. COX CHRISTOPHER S. HEWLETT DANIEL ORCHARDHAYS BRIAN T. COXSON MATTHEW P. HILL JUSTIN P. ORLICH TREMAYNE G. CRINER RICHARD B. HILL DAVID A. ORLOSKY HERMAN A. CRUZ CURTIS E. HOLIWAY ANTON D. ORR MICHAEL B. DAVIES DANIEL P. HOPKINS MICHAEL J. ORR MICHAEL F. DAVIS MICHAEL L. HORN ERIN P. OSBORNE JOSHUA H. DECARO JOHN L. HOWREY WILLIAM A. PATTERSON PHILIP M. DECKER MICHAEL G. HRITZ KEITH E. PATTON WILLIAM F. DEGIROLAMO FRANKLIN R. HUBBARD SAMUEL E. PENNINGTON CONSTANTINO F. DELACRUZ JESSIE D. HUGHES, JR. ANDREW G. PETERSON III BRIAN E. DELANEY CHRISTOPHER H. INSKEEP JOHN M. PETHEL THOMAS C. DELARGE DENNIS J. JACKO SHAWN D. PETRE ANDREW P. DEMONTE WAYMON J. JACKSON TRAVIS M. PETZOLDT WILLIAM F. DENTON JEFFERY P. JACOBY PAUL E. PEVERLY JOHN W. DEPREE DONALD R. JAMIOLA, JR. PATRICK L. PFANZ DAVID J. DERMODY SCOTT P. JANIK MATTHEW F. PHELPS JERROD E. DEVINE KURT E. JANKE TIMOTHY J. PHELPS MICHAEL B. DEVORE PATRICK E. JANKOWSKI JOHN P. PIENKOWSKI EDWARD A. DEWINTER BYRON W. JENKINS HENRY P. PIERCE STEPHEN R. DICKERSON MATTHEW J. JERBI ROBERT F. PIERONI THOMAS J. DICKINSON ROBERT B. JOHNS ROSS H. PIPER III ROBERT L. DINUNZIO STEPHEN E. JOHNSON JOHN T. PITTA JOSH E. DITTMAR JEREMY P. JURKOIC GELL T. L. PITTMAN III CHRISTOPHER G. DOBSON DANIEL S. JURTA JEFFREY M. PLAISANCE KEVIN T. DONEY MARK S. KAHLER JOSE D. PLANAS LAMAR B. DOUBERLY MATTHEW D. KASLIK TIMOTHY J. POE JAKE B. DOUGLAS MATTHEW J. KAWAS MICHELE A. POOLE KEITH B. DOWLING DENNIS P. KECK GLENN H. PORTERFIELD KEVIN J. DOWNEY GARY F. KEITH HARTLEY A. POSTLETHWAITE JAY W. DRISKELL BLAIR A. KEITHLEY WILLIAM R. POTTS DAVID G. DUFF KREG L. KELLY NORMAN N. PRESECAN ERIC A. DUKAT CHAD J. KENNEDY WESLEY A. PRICE DAVID S. DULL KEVIN M. KENNEDY JOHN J. PUDLOSKI STEVEN M. DUPONT GEORGE A. KESSLER, JR. DJAMAL PULLOM WILLIAM J. ELLIS RYAN T. KEYS ADRIAN D. RAGLAND JOE M. EMMERT CHRISTOPHER A. KIJEK RUBEN RAMOS CHRISTIAN C. ENTENZA MARK S. KLOSTER BARTLEY A. RANDALL BRIAN C. ERICKSON RICHARD P. KNAPP BRIAN J. RASMUSSEN RICARDO M. ESCANDON LARRY D. KNOCK MICHAEL E. RAY FERMIN ESPINOZA BRIAN S. KNOWLES MICHAEL J. REAGAN VICTOR ESPINOZA NEIL A. KOPROWSKI WILLIAM E. REAGAN TREVOR B. ESTES RICHARD S. KRAMARIK CHRISTOPHER A. REAGHARD JAMES J. FABISZAK JUSTIN A. KUBU VERNON J. RED SCOTT D. FAIRBANK DANIEL W. KURIGER WILLIAM R. REED DENNIS L. FARRELL ROBERT M. KUROSU VIRGLE D. REEVES MARK R. FEGLEY BRIAN C. KURZEJA LINCOLN M. REIFSTECK JOSEPH D. FEMINO KURT A. KYLE JOHN R. REINERTSON PAUL S. FERMO DUANE E. LAMBERT LLOYD R. REINHOLD PETER R. FEY KEVIN A. LANE ARISTIDES G. REYES HOWARD D. FIELDEN LANCE C. LANTIER FRANK A. RHODES IV TODD A. FIGANBAUM MICHAEL C. LAPAGLIA JOHN D. RHODES RONALD L. FINCH, JR. WILLIAM M. LAUPER DAVID K. RICHARDSON BRIAN M. FITZPATRICK JASON R. LEACH JASON E. RIMMER CAMILLE G. FLAHERTY JOHN H. LENOX III ERNESTO A. RIVERA DEREK A. FLECK DAVID A. LEVY ROBERT A. RIVERA CHRISTOPHER D. FLIS TODD A. LIBBY GREGORY G. ROBERTS MICHAEL A. FLYNN DAVID R. LIEVANOS JAMES A. ROBINSON CHRISTOPHER G. FOLLIN ABDEL I. LOPEZ PAUL M. ROCHE, JR. DONALD M. FOSS, JR. MARCUS LOPEZ BARRY F. RODRIGUES THOMAS F. FOSTER, JR. SCOTT C. LUERS JESUS A. RODRIGUEZ DARREN A. FOUTS FREDERICK R. LYDA KENNETH D. ROGERS BRODY L. FRAILEY MATTHEW M. LYLE BRADLEY N. ROSEN RAY A. FRANKLIN II HANS E. LYNCH JUSTIN N. RUBINO EUGENE N. FRANKS JERRY F. LYNCH STEVEN E. RUMPH FRANCIS G. FRANKY PAUL A. MADDOX MICHAEL K. RUNKLE TODD C. FREISCHLAG CHRISTOPHER S. MALONE SEAN X. RUSH MATTHEW M. FRICK CHARLES T. MANSFIELD JOSHUA A. SAGER SEAN D. FUJIMOTO BOGOLJUB MARKOVICH, JR. JOSEPH E. SANTOS DONALD L. GAINES II CHRISTOPHER D. MARRS SARA L. SANTOSKI JORGE F. GARCIA BRANDON J. MARSOWICZ HEATH H. SARVIS

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CHRISTOPHER D. SAUFLEY MONIKA W. STOKER WAYNE C. WALL DAVID R. SAUVE JOHN D. STONER, JR. RICHARD F. WEBB KEVIN J. SCHMIDT THOMAS D. STOREY SCOTT L. WEBER JASON J. SCHNEIDER ROBERT W. STOVER MICHAEL L. WEELDREYER BRUCE G. SCHUETTE ERIC J. STPETER BRIAN D. WEISS EDWARD J. SCHWEIGHARDT SCOTT A. STRINGER RICHARD H. WEITZEL MARK A. SCORGIE BRENT M. STRONG ERIC C. WEVER ADAM T. SCOTT DAVID C. SULLIVAN, JR. LANCE R. WIESE JAMES E. SCOTT GRETCHEN M. SWANSON DONALD D. WILLIAMS MARK S. SEELBACH CHRISTOPHER A. SWARTZ FLOYD M. WILLIAMS, JR. GEORGE E. SEGREDO SEAN K. SZYMANSKI ROBERT R. WILLIAMS JOHN J. SEIFERT WILLIAM R. TAFF, JR. ARTHUR E. WILLS JOHN M. SEIP CHRISTOPHER J. TARSA CLAY R. WILSON JULIE L. SELLERBERG MARK W. TERRELL TIMOTHY A. WILSON STEPHEN F. SHEDD PAMELA E. THIEN MICHAEL L. WITHERSPOON MICHAEL E. SHEEDY PATRICK C. THIEN COREY D. WOFFORD KELLY M. SHEKITKA HEATH A. THOMAS CHAD A. WORTHLEY KENNETH S. SHEPARD JOHN A. THOMPSON MARK D. YEHL WILLIAM R. SHERROD LANCE E. THOMPSON MICHAEL B. J. YESUNAS BENJAMIN A. SHUPP JAMES M. THORNTON RYAN M. YOST MARK D. SIBON GREGORY S. THOROMAN FORREST O. YOUNG ROBERT V. SIMONE ERIK M. THORS TIMOTHY H. YOUNG JOHN W. SKARIN TIMOTHY D. TIPPETT JAMES A. YSLAS CHARLES W. SMITH SHANNON K. TOLLIVER GLENN M. ZEIGLER CLINTON T. SMITH BRIAN L. TOTHERO DAVID G. ZOOK DAVID E. SMITH JAMES K. TRAN EDWARD S. SMITH ROBERT S. TREPETA J. W. SMITH COREY J. TURNER f JEROME F. SMITH III MATTHEW D. TURNER ROBIN S. SMITH TIMOTHY T. URBAN SCOTT P. SMITH MARK J. VAGEDES CONFIRMATION SHERRY L. SMITH DANIEL W. VALASCHO JOHN H. SNYDER, JR. JOSEPH W. VANDELAC Executive nomination confirmed by JAMES R. SPOSATO GABRIEL A. VARELA BRAD L. STALLINGS MICHAEL VECERKAUSKAS the Senate, July 13, 2009: DAVID W. STALLWORTH JASON P. VELIVLIS DEPARTMENT OF COMMERCE ZACHARY H. STAPLES GEOFFREY K. VICKERS SYLVESTER L. STEELE DENNIS J. VIGEANT ROBERT M. GROVES, OF MICHIGAN, TO BE DIRECTOR OF ROBERT L. STEPHENSON, JR. MICHAEL R. VITALI THE CENSUS. KENNETH B. STERBENZ DANIEL S. VOGEL THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JASON D. STEVENS THEODORE A. VOLTZ THE NOMINEE’S COMMITMENT TO RESPOND TO RE- CHARLES M. STICKNEY MICKEY M. WALKER II QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MICHAEL J. STINSON RONALD L. WALKER CONSTITUTED COMMITTEE OF THE SENATE.

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