506 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 11, 2009 REPORT RELATIVE TO PROVISION participation in the political and stra- S. 200. A bill to authorize a cost of OF ATOMIC INFORMATION TO tegic consensus upon which the collec- living adjustment for the Federal judi- BULGARIA, ESTONIA, LATVIA, tive military capacity of the Alliance ciary; to the Committee on the Judici- LITHUANIA, ROMANIA, SLO- depends. This agreement permits only ary. VAKIA, AND SLOVENIA, AS RE- the transfer of atomic information, not Today I am again introducing legisla- CEIVED DURING RECESS OF THE weapons, nuclear material, or equip- tion to authorize cost of living adjust- SENATE ON JANUARY 9, 2009— ment. Participation in the ATOMAL ments, COLA, to the salaries of United PM–1 Agreement will give Bulgaria, Estonia, States justices and judges. I thank The PRESIDING OFFICER laid be- Latvia, Lithuania, Romania, Slovakia, Senator SPECTER for joining me as a fore the Senate the following message and Slovenia the same standing within cosponsor of this long overdue bill. from the President of the United the Alliance with regard to nuclear This legislation would provide judges States, together with an accompanying matters as that of the other current the COLA needed to keep pace with in- report; which was referred to the Com- parties to the ATOMAL Agreement. flation. In the last Congress, I sup- mittee on Foreign Relations: This is important for the cohesiveness ported a cost of living increase for Fed- of the Alliance and will enhance its ef- eral judges; it was not enacted. We are To the Congress of the United States: fectiveness. introducing this measure early in this I am pleased to transmit to the Con- I have considered the views and rec- new Congress because of all Federal gress, consistent with sections 123 and ommendations of the Department of employees, judges were the only ones 144 b. of the Atomic Energy Act, as Defense and other interested agencies who did not receive a COLA in the con- amended (42 U.S.C. 2153 and 2164(b)), in reviewing the ATOMAL Agreement tinuing resolution passed last year. the text of the Agreement between the and have determined that its perform- This bill responds in part to issues Parties to the North Atlantic Treaty ance, including the proposed coopera- raised by Chief Justice Roberts in his for Co-operation Regarding Atomic In- tion and the proposed communication ‘‘Year End Report on the Federal Judi- formation, including a technical annex of Restricted Data thereunder, with re- ciary.’’ Chief Justice Roberts noted and security annex (hereinafter collec- spect to the New Parties will promote, that ‘‘Judges knew what the pay was tively referred to as the ATOMAL and will not constitute an unreason- when they answered the call of public Agreement), as a proposed agreement able risk to, the common defense and service. But they did not know that for cooperation within the context of security. Accordingly, I have approved Congress would steadily erode that pay the North Atlantic Treaty Organiza- the ATOMAL Agreement with respect in real terms by repeatedly failing over tion (NATO) between the United States to the New Parties and authorized the the years to provide even cost-of-living of America and each of the following Department of Defense to cooperate increases.’’ The issue relates to judicial seven new members of NATO: the Re- with the New Parties in the context of independence, which is critical for pre- public of Bulgaria, the Republic of Es- NATO upon satisfaction of the require- serving our system of government and tonia, the Republic of Latvia, the Re- ments of section 123 of the Atomic En- protecting the rights of all Americans. public of Lithuania, Romania, the Slo- ergy Act of 1954, as amended. In 1975, Congress enacted the Execu- vak Republic, and the Republic of Slo- The 60-day continuous session period tive Salary Cost-of-Living Adjustment venia, hereinafter the ‘‘New Parties.’’ I provided for in section 123 begins upon Act, intended to give judges, Members am also pleased to transmit my ap- receipt of this submission. of Congress and other high-ranking Ex- proval, authorization, and determina- GEORGE W. BUSH. ecutive Branch officials automatic tion concerning the ATOMAL Agree- THE WHITE HOUSE, January 9, 2009. COLAs as accorded other Federal em- ment with respect to the New Parties, f ployees unless rejected by Congress. In together with a copy of the memo- 1981, Congress enacted Section 140 of randum of the Secretary of Defense INTRODUCTION OF BILLS AND Public Law 97–92, mandating specific with respect to the agreement. The JOINT RESOLUTIONS congressional action to give COLAs to ATOMAL Agreement entered into force The following bills and joint resolu- judges. With the end of the last Con- on March 12, 1965, with respect to the tions were introduced, read the first gress, however, the continuing resolu- United States and the other NATO and second times by unanimous con- tion providing funding failed to sus- members at that time. The Czech Re- sent, and referred as indicated: pend Section 140, thus ensuring that no public, the Republic of Hungary, the By Mr. LEAHY (for himself and Mr. COLA would be provided for Federal Republic of Poland, and Spain subse- SPECTER): judges during the current fiscal year, quently became parties to the S. 200. A bill to authorize a cost of living unless additional action is taken now. ATOMAL Agreement. The New Parties adjustment for the Federal judiciary; to the Two years ago, the last time Congress have signed this agreement and have Committee on the Judiciary. missed making a scheduled cost-of-liv- indicated their willingness to be bound f ing adjustment for the judiciary, I by it. The ATOMAL Agreement with ADDITIONAL COSPONSORS sponsored remedial legislation, and it respect to the New Parties meets the was enacted. We should do so again. requirements of the Atomic Energy S. 197 This bipartisan legislation provides a Act of 1954, as amended. While the At the request of Mr. FEINGOLD, the COLA for Federal judges consistent ATOMAL Agreement continues in force name of the Senator from Florida (Mr. with the law and with fairness. It is with respect to the United States and MARTINEZ) was added as a cosponsor of vital to the independence of the judici- the other current parties to it, it will S. 197, a bill to assist in the conserva- ary and the administration of justice not become effective as an agreement tion of cranes by supporting and pro- that the Federal bench continues to at- for cooperation authorizing the ex- viding, through projects of persons and tract, and keep, the most talented law- change of atomic information with re- organizations with expertise in crane yers in the country. I have been dedi- spect to the New Parties until comple- conservation, financial resources for cated as both Ranking Member and tion of procedures prescribed by sec- the conservation programs of countries now Chairman of the Judiciary Com- tions 123 and 144 b. of the Atomic En- the activities of which directly or indi- mittee to ensuring the independence of ergy Act of 1954, as amended. rectly affect cranes and the ecosystem our judiciary. For more than 40 years, the ATOMAL of cranes. Some of us have tried over the years Agreement has served as the frame- f to improve the compensation of judges, work within which NATO and the other and I intend again to do what I can to NATO members that have become par- STATEMENTS ON INTRODUCED have Congress fairly evaluate this issue ties to this agreement have received BILLS AND JOINT RESOLUTIONS to see what solutions may be possible. the information that is necessary to an By Mr. LEAHY (for himself and I hope Congress and the President will understanding and knowledge of and Mr. SPECTER): reconsider this measure early this year

VerDate Mar 15 2010 12:47 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S11JA9.000 S11JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 11, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 507 and will do their duty when it comes to Constitution provides that ‘‘the right of the expired, the time for the two leaders be fair compensation for the independent people to keep and bear Arms, shall not be reserved for their use later in the day, judiciary. We can start now by taking infringed’’. and then there be a period for morning (b) PROTECTING THE RIGHT OF INDIVIDUALS up and passing this bill allowing for ju- business for up to 1 hour designated for TO BEAR ARMS IN UNITS OF THE NATIONAL dicial COLAs. PARK SYSTEM AND THE NATIONAL WILDLIFE tributes to the Republican leader; that f REFUGE SYSTEM.—A person may possess, following that hour, the Senate resume the motion to proceed to S. 22, the AMENDMENTS SUBMITTED AND carry, and transport concealed, loaded, and operable firearms within a national park lands bill, with the time during any ad- PROPOSED area or national wildlife refuge area in ac- journment or period of morning busi- SA 14. Mr. DEMINT submitted an amend- cordance with the laws of the State in which ness counting postcloture. ment intended to be proposed by him to the the national park area, or that portion If you wonder why we are doing this thereof, is located, except as otherwise pro- bill S. 22, to designate certain land compo- for the leader—of course, we do this nents of the National Wilderness Preserva- hibited by applicable Federal law. ofttimes for the Republican leader. But tion System, to authorize certain programs f and activities in the Department of the Inte- on a serious note, tomorrow he will rior and the Department of Agriculture, and PRIVILEGES OF THE FLOOR have served longer than any other Sen- for other purposes; which was ordered to lie Mr. BINGAMAN. Mr. President, I ask ator in the history of Kentucky. We on the table. unanimous consent that Michael will ask our colleagues to join in the f Gauthier, who is a National Park Serv- celebration. We have time set aside for TEXT OF AMENDMENTS ice fellow working on the staff of the that so everyone can do that. Energy and Natural Resources Com- There is no objection; is that right, SA 14. Mr. DEMINT submitted an mittee, be granted floor privileges Mr. President? amendment intended to be proposed by today and for the remainder of the Sen- The PRESIDING OFFICER. Without him to the bill S. 22, to designate cer- ate’s consideration of S. 22. objection, it is so ordered. tain land components of the National The ACTING PRESIDENT pro tem- Wilderness Preservation System, to au- pore. Without objection, it is so or- f thorize certain programs and activities dered. in the Department of the Interior and the Department of Agriculture, and for f ADJOURNMENT UNTIL 2 P.M. other purposes; which was ordered to ORDERS FOR MONDAY, JANUARY TOMORROW lie on the table; as follows: 12, 2009 Mr. REID. If there is no further busi- At the appropriate place, insert the fol- Mr. REID. Mr. President, I ask unan- ness to come before the Senate, I ask lowing: imous consent that when the Senate unanimous consent that the Senate SEC. lll. USE OF FIREARMS IN UNITS OF THE completes its business today, it ad- stand in adjournment pursuant to this NATIONAL PARK SYSTEM AND THE journ until 2 p.m., Monday, January 12; order. NATIONAL WILDLIFE REFUGE SYS- TEM. that following the prayer and pledge, There being no objection, the Senate, (a) CONGRESSIONAL FINDING.—Congress the Journal of proceedings be approved at 2:24 p.m., adjourned until Monday, finds that the Second Amendment to the to date, the morning hour be deemed January 12, 2009, at 2 p.m.

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The Senate met at 2 p.m. and was of morning business for up to 1 hour, mittee during the 1998 and 2000 election called to order by the Honorable JIM with the time designated for tributes cycles, served as Republican whip fol- WEBB, a Senator from the Common- to the Republican leader. lowing the 2002 midterm elections, and wealth of Virginia. Following morning business, the Sen- now has served as the Republican lead- ate will resume consideration of the er since 2006. PRAYER motion to proceed to S. 22. This is I became the Democratic whip in 1998 The Chaplain, Dr. Barry C. Black, of- postcloture. A rollcall vote will not be and have been the Democratic leader fered the following prayer: necessary to adopt the motion to pro- since 2004. Our careers in the Senate Let us pray. ceed. I appreciate Dr. COBURN allowing have been very similar. During this pe- Almighty God, from whom, through us to do that. There will be no votes riod of time I was majority whip; he whom, and to whom all things exist, during today’s session of the Senate. was. Back and forth, there was a lot of shower Your blessings upon our Sen- f changing going on. So I have had a lot ators. Give them special wisdom, of interaction with Senator MCCON- TRIBUTE TO SENATOR MITCH strength, and clarity to meet today’s NELL because of our respective jobs. daunting challenges. Enable them to MCCONNELL It is well known that in our positions hear with objectivity and respond with Mr. REID. Mr. President, for more as minority and majority leaders—both integrity as they comprehend their in- than 25 years, the State of Kentucky as whips and as the leaders—he and I dividual and collective responsibility. was represented in the Senate of the have had disagreements at various Keep them uncluttered by selfish inter- United States by a terrific man and a times. Behind the scenes, though, it is ests and parochial concerns as they great legislator, Wendell Ford. a different situation. In places where strive to serve You and country. Lord, Senator Ford was known by all as a the cameras do not record our discus- make them exemplary models of the moderate, deeply respected by both sions, in private conversations, as we highest and finest in faithful, loyal, sides of the aisle for putting progress have to have, we are not only friends and dedicated leadership. ahead of politics. Senator Ford, some but determined partners in the legisla- We pray in the Name of Him who is said, was not flashy. He did not seek tive process. We get a lot of work done Lord of history. Amen. the limelight. He was quietly effective very quickly. f and calmly deliberative. We just completed a meeting that In 1991, Senator Ford was elected by PLEDGE OF ALLEGIANCE took about 20 minutes, where I think his colleagues to serve as Democratic the record will ultimately reflect that The Honorable JIM WEBB led the whip, the No. 2 position in the caucus. 20 minutes was truly well spent work- Pledge of Allegiance, as follows: For 8 years, he struck the perfect bal- ing out some of the problems of this I pledge allegiance to the Flag of the ance as an advocate for Kentuckians Senate. United States of America, and to the Repub- and also a national Democratic leader. So I say, we are not only friends but lic for which it stands, one nation under God, When Senator Ford retired from the determined partners in the legislative indivisible, with liberty and justice for all. Senate in 1998, I had the honor of re- process of the Senate. That does not f placing him as the Democratic whip. mean we always see eye to eye. Every- APPOINTMENT OF ACTING Wendell Ford is not only a genuine one knows that is not the case. But in PRESIDENT PRO TEMPORE Kentucky legend, he is a wonderful the words of President-elect Obama, we The PRESIDING OFFICER. The man, and I continue to enjoy his visits are able to disagree without being dis- clerk will please read a communication back to Washington, DC. agreeable. to the Senate from the President pro Until this week, Senator Ford was We respect each other’s commitment tempore (Mr. BYRD). the longest serving Senator in the his- to making our country stronger, and I The legislative clerk read the fol- tory of the State of Kentucky. We have think we have a special understanding lowing letter: had some outstanding Senators from of the unique challenges of keeping our the State of Kentucky. U.S. SENATE, respective caucuses together and striv- PRESIDENT PRO TEMPORE, Now that honor belongs to my friend, ing toward the same goals. Washington, DC, January 12, 2009. the Republican leader, MITCH MCCON- At the University of Louisville, To the Senate: NELL. MITCH MCCONNELL has worked with Under the provisions of rule I, paragraph 3, Senator MCCONNELL came to the Sen- faculty to create a center for public of the Standing Rules of the Senate, I hereby ate 2 years after I came to Congress. In service, to educate and prepare a new appoint the Honorable JIM WEBB, a Senator 1984, he was elected to the Senate in a generation to answer the call of public from the Commonwealth of Virginia, to per- historic election still famous for its ad- form the duties of the Chair. service. ROBERT C. BYRD, vertising—the most memorable of the A little more than a year ago, Sen- President pro tempore. spots featuring some real bloodhounds, ator MCCONNELL invited me to be a Mr. WEBB thereupon assumed the always in search of the opponent of guest at the McConnell Center at the chair as Acting President pro tempore. MITCH MCCONNELL, the incumbent Sen- University of Louisville. After a ter- ator from Kentucky. Today, if you go rific program with young and aspiring f to a seminar on politics, almost always academics, he presented me with a real RECOGNITION OF THE MAJORITY they will show that ad as being one of Louisville Slugger baseball bat, with LEADER the classic political ads in the history my name inscribed on the ‘‘sweet The ACTING PRESIDENT pro tem- of our country. spot.’’ That is where these great hitters pore. The majority leader is recog- Senator MCCONNELL won that first have used these bats for generations to nized. race by a razor-thin margin, but he hit the ball as far as they can and as f quickly became a leader among his Re- sharply as they can. publican colleagues in the Senate in On that day at the McConnell Center, SCHEDULE general. Senator MCCONNELL and I spoke frank- Mr. REID. Mr. President, following Senator MCCONNELL chaired the Re- ly and openly about the joys and dif- leader remarks, there will be a period publican Senatorial Campaign Com- ficulties of our jobs to these faculty

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

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 509 members and these students. I, in fact, fraternity; a brotherhood or sisterhood, personality, he was better known told the students an old story about if you will—of people who have held throughout the State by his nickname President Lincoln that has been told these jobs which have their own unique ‘‘Happy.’’ many times, but it is always important set of challenges that are quite similar I am sure he would be happy to see because he sets the standard for what whether you are leading the Repub- his grandson, Congressman BEN CHAN- politics is all about as far as getting licans or leading the Democrats. DLER, continuing his family’s tradition along with people, as finely written I wish to thank the majority leader of service to the people of Kentucky. about in some detail in the ‘‘Team of for his very kind remarks not only I have also spoken on this floor be- Rivals,’’ this best-selling book. What about me but about my wife’s public fore of my admiration and respect for President Lincoln said, when he was service as Secretary of Labor, which John Sherman Cooper, the conscience being criticized for being solicitous of will be coming to an end at noon on of the Senate in his day. I will always members of the Confederacy, was: ‘‘Am January 20, along with the current ad- remember the man who mentored me I not destroying my enemies by mak- ministration. I also wish to express my as an intern in my first job on Capitol ing friends of them?’’ gratitude to the majority leader for Hill and helped me navigate these hall- Well, Senator MCCONNELL and I both coming down to the University of Lou- ways decades later as a freshman Sen- understand that through friendship and isville back in 2007. The students en- ator. mutual respect we can find common joyed it immensely. In fact, their last Of course, there is Alben Barkley, the ground to achieve common goals and to magazine about the program of the first and, until recently, the only Ken- reach for the common good of the center has a very large picture of the tuckian to be elected his party’s lead- American people—common ground, majority leader and a lengthy article er. After 12 years leading Senate Demo- common goals, common good. including a Q and A session he had crats through the Great Depression and My wife Landra and I are pleased to with the students. World War II, he became America’s call him and his lovely wife—and that, So I am grateful for his friendship 35th Vice President. certainly, is an understatement— and look forward to working with him Alben Barkley held the record as Elaine Chao our friends. Elaine, of in this Congress to advance the inter- Kentucky’s longest serving Senator for course, is a national leader in her own ests of our Nation. over 40 years—until it was broken by a right, having served for 8 years as our A few months prior to this body’s man who, like him, rose from humble Nation’s Labor Secretary and also for- convening last week, I was grateful to beginnings to become famous across merly as the Director of the Peace be chosen by my colleagues to serve the Commonwealth. Corps. I have such great respect for once again as the Senate Republican That Senator was Wendell Ford, a Peace Corpsmen and especially some- leader. man many of my colleagues have had one who is able to lead that very elite I would also like to thank the people the honor to know and work alongside. group. So I have only high regard for of Kentucky for giving me another Wendell was the senior Senator from MITCH and Elaine. They are a wonder- term in the Senate. I am certainly my State when I was first elected, and ful couple and do so many good things privileged Kentucky has sent me to the I got to watch him up close for 14 for our country. Senate five times now to speak for years. Over those years, I learned why So I congratulate the Republican them and for their interests, and I in- Wendell is the first and only Ken- leader, a Kentuckian whose love of his tend to work harder than I ever have tuckian to be elected successively State and its university athletic pro- over the next six years to justify their Lieutenant Governor, Governor, and grams is well known and who now adds confidence. Senator. It is because even while he at- the distinction of being the longest At such a time as this, after the peo- tained high office, he never forgot the serving Senator from the State of Ken- ple of Kentucky have spoken, I cannot lessons he learned working alongside tucky to his long and impressive ca- help but think of great Kentuckians in his parents on their farm. Countless reer. the past who the people of my State times he reminded voters he was ‘‘just f have selected to represent their inter- a country boy from Yellow Creek.’’ ests. And Kentuckians respected him for RECOGNITION OF THE MINORITY Some we know from the history proving that a country boy could walk LEADER books, such as Henry Clay. Although the halls of power, dine with kings and The ACTING PRESIDENT pro tem- he was Speaker of the House, Secretary Presidents and still come back to Yel- pore. The Republican leader is recog- of State, and a three-time Presidential low Creek and be right at home. nized. candidate, we know him best as the Wendell Hampton Ford was born in f Senator from Kentucky—the Great Daviess County, KY, and grew up on Compromiser who staved off civil war. his family’s 250-acre farm in the little SERVICE TO KENTUCKY AND THE Or take John Breckinridge. Elected to town of Thruston. The Ford family NATION Congress from Virginia, he resigned raised cattle, hogs, and chickens and Mr. MCCONNELL. Mr. President, I that seat to move to Kentucky, which grew tobacco and corn. Young Wendell thank my good friend, the majority at the time was America’s western was no stranger to work. He did his leader, for his very kind remarks about frontier. A key architect of Kentucky’s part by milking 30 cows by hand twice what has now become a rather lengthy early State government, Breckinridge a day every day. Decades later, when- period of service in the Senate. He and went on to serve as a Senator from ever anyone told him he had a strong I came here at roughly the same time, Kentucky, and then as our young Na- handshake, Wendell would tell them: ‘‘I and, as he indicated, came to the Con- tion’s Attorney General under Thomas milked at an early age.’’ gress at roughly the same time. We Jefferson. I know Wendell would credit his par- have shared a few positions on each Moving to modern times, I can think ents with teaching him everything he side of the aisle that are remarkably of other legendary Senators from Ken- needed to know to succeed in life. Er- similar no matter which party you rep- tucky whose footsteps still echo in nest Ford was a farmer, an insurance resent. these halls. company owner, and a chairman of the I noted with interest last week the Kentucky still fondly remembers the Daviess County Democratic Party. He photograph at the White House of the career of public service carved out by served in both the Kentucky State living former Presidents who had all A.B. Chandler. He would be the first to House and Senate. His mother, Irene had lunch together, and I was thinking, tell you he made his mark not as a Ford, worked harder than anyone on as the majority leader was speaking, Senator but as a two-term Governor, or the family farm. She picked straw- we are in a rather limited fraternity, in the job he resigned the Senate to berries, she snapped green beans, and too—so far it is a fraternity; it will be hold: commissioner of baseball. No she canned everything that you could a sorority at some point as well as a matter what the job, with his winning can. She could cook a pork tenderloin

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 510 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 that was so good, Wendell recalls, out or how she and her husband would To work the crowds at the conven- ‘‘We’d say it’d make you swallow your become respected across the Common- tion, Wendell bought two new suits for tongue.’’ She was devoted to her fam- wealth. $35 apiece, one black and one gray. By ily, her friends, her neighbors, and her Oftentimes, my colleagues and I will rotating jackets with each pair of church. talk about our wives or our husbands pants, he had four different outfits for Wendell remembers: and what we will be doing over the the 4 days of the convention. Whether Mother never disliked anyone. She never next recess. You will frequently hear it was the song or the suits or both, would say anything unkind about anybody. spouses’ first names tossed around, like Wendell went home the first Jaycees And mother worked very, very hard. . . . if my wife’s name is Elaine. But after 50 national President from Kentucky, and there’s anyone that ever went to heaven, my years of marriage, Wendell only re- his network from that organization be- mother is there. ferred to his bride as ‘‘Mrs. Ford.’’ It is came the foundation for one of the Now, I am going to guess that maybe a testament to the fact that the coun- Commonwealth’s most successful polit- through his father’s political connec- try boy from Yellow Creek remains for- ical careers. tions, Wendell scored a plum prize as a ever a country gentleman. By the late 1950s, Wendell had caught young child: he became a page in the After the end of World War II and an the eye of Bert Combs, who had run for Kentucky State House. The way they honorable discharge from the service, Governor of Kentucky but lost to inducted pages back then is a little dif- Wendell graduated from the Maryland ‘‘Happy’’ Chandler. Combs was plan- ferent from how we do it in the U.S. School of Insurance. He and Jean re- ning to run again, and he wanted the Senate today. Wendell’s sponsor, a rep- turned to Owensboro, where his family impressive Jaycees president to be the resentative from Taylorsville, had had moved after selling the farm. Wen- youth chairman of his campaign. After young Wendell come and stand on his dell entered the insurance business winning that race, Bert Combs made desk on the House floor. He gave a with his father and started to take an Wendell his administrative assistant, a speech about what a good little kid he interest in what was happening in his job he held from 1959 to 1961. was, and when he was done, the entire community. But soon the time came for Wendell chamber applauded, making Wendell a It all started with a razor. That is to emerge from the ranks of political page by acclamation. After an intro- what Wendell was looking to buy on a staffers and run for office himself. In duction to politics like that, is it any lunchtime errand when he ran into a 1965, he ran for a State senate seat rep- wonder Wendell decided he wanted friend who invited him to a Jaycees resenting Daviess and Hancock Coun- more? luncheon. ties, and clearly he was not afraid of a Wendell was also lucky enough to In my travels across Kentucky, I challenging race. The reason I say he meet one of the great Kentuckians I have met many who know and remem- was not afraid of a challenging race, mentioned earlier—Alben Barkley— ber Wendell from his days with the the guy he ran against in the primary, back when, obviously, Senator Ford Jaycees. Devoted to fostering leader- a fellow named Cap Gardner, was not was young. At the Seelbach Hotel in ship and community service, the Jay- just any incumbent Senator, he was my hometown of Louisville, he heard a cees have done a lot for Kentucky and the State senate majority leader. I was speech from the Senator and future for the Nation. Once again, the man in law school at the University of Ken- Vice President. Like Barkley, Wendell who played a role that cannot be ig- tucky at the time, and I remember always wanted to be around people—a nored is Wendell Ford. reading about the primary in which the trait that would serve him well as a A lot of beliefs that would come to majority leader of the Kentucky State public servant. characterize Wendell Ford’s career Senate was upset by an impressive Like most Kentuckians, Wendell came from the creed of the Jaycees. young man named Wendell Ford. He Ford loves basketball. He played on the That creed states that only faith in won that race by 305 votes—after a re- basketball team for Thruston Elemen- God gives meaning and purpose to count. tary School and he played on the team human life, that government should be In those days, Kentucky was very for Daviess County High School. But of laws rather than of men, and that much a one-party State, so winning the while in high school, Wendell broke his service to humanity is the best work of Democratic primary for most any of- arm. That ended his basketball career, life. fice was tantamount to winning the and that threatened to end his involve- Wendell would rise rapidly in his ca- election. In most counties, you could ment with the team, the friendships he reer, again and again, no matter what hold Republican Party meetings in a had made, and his seat on the bus to all the arena, and his time in the Jaycees phone booth. It is not that way any- the away games. So to stay involved, was no different. That first meeting at more, which I think is for the better— Wendell filled an open slot on the the request of a friend led to Wendell I think a competitive, two-party sys- school’s cheerleading team. He got to becoming a member. By 1954, he was tem makes both parties better, and keep going to the games, he got to the Kentucky Jaycees State president that, in turn, serves the people best— keep up his friendships, and he ended at 31. In 1956, he led the Kentucky Jay- but the Democratic Party ruled Ken- up being voted ‘‘most talkative’’ in the cees to their national convention in tucky then, and after Wendell won the Daviess County High School senior Kansas City with one goal: they wanted primary, he easily won the general. For class of 1942. to return home with a Kentuckian as the first time, but not the last, he be- After high school graduation, Wen- the organization’s national president— came Senator Ford. As a freshman Sen- dell attended the University of Ken- a Kentuckian named Wendell Ford. ator, he sponsored 22 bills, all of which tucky. Then, in 1944, he was drafted Kentucky has a rich history of color- became law. That is a record of success into the U.S. Army, and SGT Wendell ful, memorable campaign ads, but it few legislators would dare seek to du- Ford reported for duty at Fort Hood, took Wendell Ford, as a candidate for plicate. TX. But he was not the only Ford to the Jaycees’ national president, to But Wendell didn’t plan on staying in trade in his bluegrass for a 10-gallon come up with a brilliant ad by the State senate too long. Just 2 years hat and make that trip. By his side was piggybacking his name on perhaps the later, in 1967, he ran for Lieutenant his lovely bride Jean, who met Wendell most famous rock-and-roll song of all Governor, and once again he ruffled when they both worked at the J.C. time. By convention’s end, every Jay- some feathers amongst the more estab- Penney store in Owensboro the summer cee delegate went home singing a fa- lished politicians of the Common- after Wendell’s high school graduation. miliar tune with the words ‘‘shake, rat- wealth who didn’t understand why this They married in September 1943 just tle, and roll’’ replaced with ‘‘shake, country boy from Yellow Creek after Wendell had turned 19. Jean rally with Ford.’’ Wendell remembers: couldn’t settle down and wait his turn. hailed from the town of West Point in We kept them up all night with that In the primary, Wendell faced Robert Hardin County. She could hardly have record. And I guess [we] made it even better, Matthews, the incumbent State attor- known then how her life would turn because we won. ney general. I am sure the entrenched

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 511 political forces in Kentucky expected Throughout his term, no bill that take our horseracing. He liked to say and perhaps even desired Matthews to Governor Ford supported failed to pass. that one day on the running of the win, but Wendell wasn’t going along He commanded the forces of the State Kentucky Derby, a man walking in with their program. He defeated Mat- government below him the way a gen- Churchill Downs noticed a box with an thews in the primary—barely—36.1 per- eral commands his troops. But Gov- empty seat in it. He stopped and said cent to 35.9 percent. Wendell went on ernor Ford didn’t ask anyone else to to the little old lady sitting next to it: to win a similarly close race in the work harder than he did himself. His This is the first empty seat I have seen general election, defeating Thomas work ethic back then was legendary, today. Bear in mind, this is at the Ratliff and becoming the Lieutenant and I think some of my colleagues can Derby. Governor of Kentucky. attest to the fact that he kept right at She replied: Well, it belonged to my But at the same time, something un- it after he joined us here in the Senate. husband, but he died. usual happened. You heard me say just As Governor, a 14-hour workday was The man said: It seems a shame to a minute ago that in those days Ken- routine, a 16-hour day frequent, and an let such a good seat go to waste. Why tucky was very much a one-party 18-hour day not uncommon. didn’t you give it to one of your rel- State, but in 1967, Kentuckians elected When Governor Ford used to fly here atives? a guy named Louie Nunn to be Ken- to Washington for official matters, he The lady said: I would have, but they tucky’s first Republican Governor was all business. Time in the car or the are all at the funeral. since World War II. At that time, can- plane was spent reading memos or That is how important the Derby and didates for Governor and Lieutenant writing speeches. Dinner was a cheese- the horse industry are to the Bluegrass Governor in my State ran separately. burger and fries in the hotel room. State. Wendell Ford enjoyed telling So while the Democratic candidate for As early as possible the next morn- that story. Governor lost, Wendell Ford quite re- ing, Wendell was up and flying home to With his sense of humor, a penchant markably won, and he instantly be- Kentucky where he would put in an for storytelling that rivaled his child- came two things: the top-ranked Demo- extra-late night at the State capitol to hood hero Alben Barkley, and his abil- crat in State government and, of make up for time missed. ity to establish friendships and trust, course, a real thorn in the side of Gov- Once he had successfully enacted the Wendell quickly became a leader ernor Nunn. major points of his platform—including amongst his Senate colleagues. He Wendell had to beat a Republican shrinking and streamlining State gov- served a stint running the Democratic tide—a rare tide in those days—to be- ernment, creating the State’s first en- Senatorial Campaign Committee. come Lieutenant Governor. He was vironmental protection agency, and en- By 1987, he had risen to become clearly a man of great talent and ambi- acting a severance tax on coal—Wen- chairman of the Senate Rules Com- tion who was not yet done making his dell Ford decided he was not finished mittee. That position put him in mark on Kentucky politics. So natu- serving the people of Kentucky just charge of the inaugural ceremonies at rally he looked next to the top job in yet. the Capitol for both Presidents George State government, the office of Gov- I have already said at that time, a H.W. Bush in 1989 and Bill Clinton in ernor. 1993. Kentuckians were proud to see In that era, Kentucky Governors Kentucky Governor could not run for a one of their own on the inaugural plat- were forbidden to succeed themselves second term. So Wendell looked to the form just footsteps away from the new by running for a second term. In fact, U.S. Senate election in 1974 where he President. Kentucky retained that term limit for would have to take on incumbent Re- Wendell was chairman of the Joint Governors right up until the 1990s—one publican Senator Marlow Cook. Committee on Printing where he of the last States to do so. So Wendell The 1974 election came on the heels worked to trim the costs of Govern- would not have to face Governor Nunn of the Watergate scandal and Richard in the 1971 election. He would, however, Nixon’s resignation. It goes without ment printing and implemented the have to face a different Governor, his saying it was a very hard year for Re- first ever program for the use of recy- friend and mentor, former Governor publicans. But even if it had been an cled printing paper. That may not be Bert Combs. easy year for Republicans, Governor the type of issue that grabs the biggest Everybody in Kentucky thought Gov- Ford would have been very hard to de- headlines, but, obviously, official ernor Combs, who had subsequently feat. Washington uses a lot of paper. Wen- had a distinguished career as a U.S. So Wendell won over Marlow Cook dell was ahead of his time in making court of appeals judge after his term as pretty handily, and Governor Ford be- these environmentally friendly efforts Governor, was a lead pipe cinch to be came Senator Ford. I should point out, that are commonplace now, and he the next Governor of Kentucky, or at I actually used to work for Senator saved taxpayers millions of dollars. the very least to win the Democratic Cook as a legislative director in the Wendell could see the absurdity of primary for sure. But once again Wen- early part of his one term. some of what goes on in Washington dell Ford beat everybody’s expecta- Senator Cook graciously agreed to and knew just when to break the ten- tions. Bert Combs resigned his judge- step aside a little bit early for Senator sion with a little humor. One former ship to run for Governor and couldn’t Ford. So Wendell’s tenure in this colleague has spoken of one of the believe what a tough race his former Chamber began on December 28, 1974. many times the Senate has continued administrative assistant gave him. At this point, the Wendell Ford so in session until 3:30 or 4 o’clock in the When a mutual friend of the two can- many of my colleagues know and ad- morning, with debate still going on on didates said to Combs that he had mire emerges, as he spent an incredibly the Senate floor. At one of these times, taught Wendell well, Combs replied, successful and fruitful 24 years here. Wendell nudged the Senator next to ‘‘Yes, I taught him too damn well.’’ After my election in 1984, I served him and said: You know, the people Wendell beat Bert Combs 53 percent to alongside him for 14 of those years. Ob- back home think that we are the ones 44 percent in the primary and went on viously, Wendell Ford and I did not who won. to easily win the general election. On stand on the same side of the aisle. But Wendell even appeared once on the December 7, 1971, he was sworn in as we always stood together for the people cable channel MTV on a program Governor of Kentucky. of Kentucky. called ‘‘Rock the Vote’’ because of his Right from the start, Governor With Wendell, whether you agreed or sponsorship of the motor voter law. Ford’s guiding belief as Kentucky’s disagreed, you always knew where you That MTV appearance made him very chief executive was that the only rea- stood with him. Even if you disagreed— popular with his grandchildren. Surely son for the existence of government at which we often did—Wendell knew how the number of U.S. Senators who have any level was to serve people. Wherever to disagree without being disagreeable. appeared sandwiched in between videos he felt that wasn’t happening, he be- I remember one joke he liked to tell for Whitney Houston and Billy Ray lieved there must be change. about how seriously we Kentuckians Cyrus is very small.

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That is obvi- to the success anybody in America can who had been a good friend of Marlow ously a position of great responsibility attain, even a country boy from Yellow Cook, the new Senator from Kentucky, and honor, and it speaks to the respect Creek. I will remember what an honor came to me and said: Marlow Cook has Wendell commanded from his fellow it is to continue in the tradition of a bright young man working for him; Senators. Wendell Ford and so many other fine you ought to get to know him. After his election as whip, he said: In public servants who have come from So I did, 40 years ago. Kentucky, we are known for our the Commonwealth of Kentucky. Their We both stayed in Washington for a horses. I plan on being a workhorse and service will continue to remind me while. We both went home after a few not a show horse. every day that with energy, determina- years, and in 1978, 30 years ago, we both I think knowing Wendell’s work tion, and principle, being the Senator were elected to an executive position ethic, no one doubted he would give his from Kentucky is the best job I could in our home States—I as Governor of all to the job. ever hope to have. Tennessee, and MITCH MCCONNELL as In March of 1998, Wendell became the Mr. President, I yield the floor. the county executive of Jefferson longest serving Senator in Kentucky County, which is Louisville, the big f history, breaking the record of the man county there. he had seen giving a speech more than RESERVATION OF LEADER TIME Then, in 1984, as the record shows and 50 years earlier, Alben Barkley. That is The ACTING PRESIDENT pro tem- we all know, he was elected to the U.S. just another accomplishment in a long pore. Under the previous order, the Senate, the only Republican in the list that he has amassed over his ex- leadership time is reserved. country that year, I believe, who was traordinarily successful tenure in both able to defeat an incumbent Democrat. State and Federal Government. f When Senator MCCONNELL and I were Wendell Ford served in this body for MORNING BUSINESS young staff assistants in the Senate, 8,772 days, a record that stood for near- the leaders of the Senate were Senators ly 11 years until January 10, this past The ACTING PRESIDENT pro tem- Dirksen and Mansfield. There have Saturday. He never lost an election for pore. Under the previous order, the been many great leaders of the Senate public office. Kentucky sent him to the Senate will now proceed to a period for since that period of time. All of those U.S. Senate four times, and he was the the transaction of morning business for leaders who were good—and most of first statewide candidate to carry all 1 hour. them were—knew this body, knew the 120 counties. The Senator from Tennessee. Senate. They knew human nature in- How does a country boy from Yellow f stinctively, but they had one other Creek achieve such success at the high- quality, and this is another quality TRIBUTE TO MITCH MCCONNELL est levels of American politics? I think Senator MCCONNELL has. They had because no matter where he ended up, Mr. ALEXANDER. Mr. President, great respect for our country. Wendell Ford never forgot from where those who have been listening and Last July, I brought onto the Senate he started from. Even in his final watching for the last few minutes got floor a group of teachers of U.S. his- months in the Senate, he still got one good lesson on why Senator tory. They were selected, one from goose bumps every time he looked up MCCONNELL has been here for over 24 each State, under a program that is at the Capitol dome on his way to years. This is a day to honor him, but called Presidential Academies for work. He remained the same man, par- he spent virtually all of his time hon- Teachers of United States History. tial to a cigarette and a down-home oring someone else. Since a Senator may bring onto the tale. It is a remarkable and rare event floor before it convenes anybody he When his duties didn’t require him to that Senator MCCONNELL could serve chooses, there were 50 of us here. I be in Washington, he would return longer than Wendell Ford, the man he showed them Daniel Webster’s desk, home to Kentucky, as he did most just honored, longer than Henry Clay, which is right next to me. I talked with weekends throughout his Senate ca- longer than John Sherman Cooper, and them about Henry Clay, and I showed reer. A 3-day weekend was a perfect longer than Alben Barkley. But all of them Jefferson Davis’s desk in the chance to go to the house he and his us know longevity by itself is not a back. family owned by Rough River Lake and transcending virtue, but it is an indica- As you can imagine, these out- do some reading and fishing. He once tion of one of the most transcending standing teachers were awestruck said his idea of a vacation was ‘‘not virtues; and that is, the people of Ken- being on the floor of the Senate. They shaving and not wearing a suit.’’ tucky for the last 24 years have seen were the only ones here. After about a Wendell Ford never forgot the truly something special in MITCH MCCON- 30-minute visit, one of them—I think it important things in his life—his wife NELL, something that is good for Ken- was the teacher from Oregon—said to Jean, their children and grandchildren, tucky, in the opinion of Kentuckians, me: Senator ALEXANDER, what would and the simple pleasures of his native and something that is good for our you like for us to take back to our stu- Kentucky. country. I have seen that, too, but for dents about this visit? Many of my colleagues will remem- a longer period of time than 24 years; I found myself saying: I hope you will ber his trademark greeting when he 40 years, to be exact. tell them that I get up every morning— walked into a room. He would say: How I remember when MITCH MCCONNELL and I think most of us here do—and are all you lucky people doing? Some- came to Washington, not the time he come to work hoping that by the end of times that would be shortened to sim- was an intern but as the legislative di- the day, we can make this country a ply: Hey, Lucky! rector for Senator Marlow Cook. Legis- little better place. I am not sure what But Wendell never lost sight that he lative director is a little bit of a it looks like on television. I am not was truly the lucky one for receiving puffed-up title for the job at that time, sure what it looks like on the front the trust of the people of Kentucky because in the office of Senator Baker pages of the newspapers. But that is many times over. He would be the first of Tennessee, where I had been the year my motive, and that is the motive of to tell you that, and Kentucky and our before, there was only one legislative most of us here. Nation are lucky as well for having had assistant. So we were legislative direc- That has been the motive of Senator his many years of service. tors of usually one or two people at a MITCH MCCONNELL of Kentucky. Yes,

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There is for his overly kind and very generous and Republicans both having a chance actually a little booklet, the ‘‘United comments about my work here, and to be elected. MITCH MCCONNELL gets States Senate Chamber 1859–2009,’’ and also say, Mr. President, to the people up every day, comes into work—and it it talks about when we left and made of Wyoming, how fortunate they are to is usually very early—thinking about the procession. We have heard about have Senator BARRASSO representing how to make this country a little bet- some previous Kentucky Senators, but them. ter before the end of the day—and that the Senator who gave the speech when I have seen a lot of new Senators is usually very late. That quality is we left that Senate Chamber in 1859 come into this body over these 25 even more important than his more was also from Kentucky. It was Sen- years. I have never seen one make a than 24 years of service. ator John Crittenden, and some of his mark quicker. So I know the people of Mr. President, I yield the floor. comments are in this booklet. Wyoming deeply appreciate their jun- The ACTING PRESIDENT pro tem- Well, I will tell you, in the new Sen- ior Senator. They demonstrated that a pore. The Republican leader is recog- ate Chamber, since 1859—now 150 couple of months ago in the election, and they really could not have made a nized. years—MITCH MCCONNELL truly and Mr. MCCONNELL. Mr. President, I clearly is the man of the Senate. Just wiser choice. I value my colleague from thank my dear friend from Tennessee like Henry Clay, he came from humble Wyoming, and I thank him so much for for being on the Senate floor today and beginnings. We talk about humble be- his very kind and generous remarks. I yield the floor, and I suggest the ab- for his overly kind comments about my ginnings, but few people know that tenure. We have indeed been friends for sence of a quorum. MITCH MCCONNELL, at the age of 2, had The ACTING PRESIDENT pro tem- 40 years. polio. He was nursed back to health by The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. his mother, who helped teach him how The legislative clerk proceeded to pore. The Senator from Wyoming. to walk and then how to run. It is Mr. BARRASSO. Mr. President, it is call the roll. through her hard work and his dedica- Mr. INHOFE. Mr. President, I ask a privilege today, and really a joy, to tion and his persistence that he has be- rise to join in the celebration of Sen- unanimous consent the order for the come the man we know today. quorum call be rescinded. ator MITCH MCCONNELL and his many In early November of this past year, The ACTING PRESIDENT pro tem- terrific years of service to this country George Will wrote an article praising pore. Without objection, it is so or- and to the people of the State of Ken- Senator MCCONNELL, but he quoted dered. tucky. For those folks who watch from Abraham Lincoln, when he wrote: Mr. INHOFE. Mr. President, I ask I the gallery or watch at home, I will be recognized as in morning business tell you what you see is what you get. I hope to have God on my side but I must have Kentucky. for such time as I shall consume. He is kind, he is thoughtful, he is calm, The ACTING PRESIDENT pro tem- he is patient, but I will also tell you he I will tell you, Mr. President, for those of us on this side of the aisle, we pore. Without objection, it is so or- is persistent. You could not have a bet- dered. The Senator from Oklahoma is must have MITCH MCCONNELL. The Sen- ter friend in the Senate or in this life recognized. than MITCH MCCONNELL or his wonder- ate would just not be the Senate. We f ful wife Elaine. have been blessed time after time after We have heard a bit about the his- time that the people of Kentucky have TARP tory of Kentucky, we have heard a bit seen fit to send MITCH MCCONNELL back Mr. INHOFE. Mr. President, I was about Wendell Ford, but when you put to the Senate. somewhat shocked last October when this into historical perspective and you In his speech when the Senate moved the vote came up and actually 75 Sen- do the searches and you see who the from the Old Senate Chamber to the ators in the Senate and about 75 per- top names are in Kentucky when it new Senate Chamber, Senator cent of the House of Representatives comes to politics, the names that come Crittenden said: voted to give an unelected bureaucrat up are Henry Clay, Abraham Lincoln— Senators are the representatives of $700 billion to do with as he wanted because he was born in Kentucky—and the States of this mighty union. No with no accountability. I believe that MITCH MCCONNELL. matter under what sky we may sit; no 20 or 30 years from now, historians will Now, Henry Clay was the greatest of matter what dome may cover us; the look back and say that was the most the Old Senate Chamber. People who great patriotic spirit of the Senate of outrageous vote, maybe in the history watched the swearing in of the Sen- the United States will be there and I of these institutions. The administra- ators earlier this month saw Senators have an abiding confidence that it will tion has now requested the second $350 taking their oath in this Chamber but never fail in the performance of its billion sometime this week. also going back for a reenactment in duty. If you are a reasonable person and the Old Senate Chamber. In that Old Well, Mr. President, this applies to were to assume that a major event in Senate Chamber the names were Clay, Senator MCCONNELL because his great the financial world has prompted the Calhoun, and Webster. When one of patriotic spirit will always be here, and negotiations that led to the decision to them would rise to speak—and people those who know him have an abiding release the second $350 billion, you would come from all around—they confidence that he will never fail in the would be wrong. The true reason Con- would say: Clay is up, Calhoun is up, performance of his duty. gress may be asked to release the sec- Webster is up, and people would run. Mr. President, Senator MCCONNELL is ond $350 billion—it is just politics. It is Well, today, the running occurs when a champion. He is a champion for Ken- a hot potato; nobody wants it, but they people say: MITCH is on the phone; tucky and he is a champion for Amer- all want the money, and that is what MITCH is calling. You want to know: ica; for a stronger America, a better we are faced with now. Again, no event How can I help? What are his ideas? America, a safer America, and an in the financial world has prompted the You know they are good for the coun- America where any boy or girl can, request for the second $350 billion. try. Henry Clay was called the great through hard work and persistence, I was critical of the Bush administra- compromiser. He was called the great grow up to be a leader of this great Na- tion, and particularly of Secretary pacifier. Those names were given to tion. Paulson, since the October 10 vote giv- him because of his ability to bring oth- Mr. President, I yield the floor. ing Paulson, an unelected bureaucrat,

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 514 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 $700 billion to do with as he wished. It we have to keep our minds on, as to can come up with some easy shortcut is hard for me and it is hard for most what precipitated the problem we have to solving these problems. Americans to understand, when they now. One of the major causes of this crisis talk about these huge numbers—billion We were told what was going to be was the accumulation of far too much dollars and trillion dollars, whatever it done with the money. Paulson came to debt on the part of some financial in- means. But I think the time has come us in September and said if we didn’t stitutions. The U.S. Government can to count the actual number of families immediately come through with $700 make the same mistake. We are now who file tax returns in America and, if billion—that is what he said it would anticipating an astounding $1.2 trillion you do your math, with your $700 bil- take to buy bad assets—the total econ- deficit this year alone, and that is be- lion it comes to $5,000 a family. That is omy would collapse. It was a panic sce- fore any accounting of the roughly $800 what we are talking about. This is not nario. billion stimulus proposal. a little deal. It is huge. I think, if peo- Then the plans changed and Paulson I can remember so many people in ple look at some of the things that began—and this happened right after this body criticizing President Bush on have happened since then, it is the he got his hands on the $700 billion. He his deficits. If you take the total defi- fault of passing the $700 billion bill; didn’t use it to buy damaged assets. He cits in the Bush administration and that precipitated all the problems we used it to pass out to various financial add them up and divide by 8, the years have. institutions—banks. It is my belief the he has been in there, the average is $247 Congress is asked as an institution to rationale for releasing any more of the billion. Now we are looking at $1.1 tril- prepare to say yes to the next $350 bil- $700 billion no longer applies. As a mat- lion. lion in deficit spending simply because ter of fact, a prominent economist This massive debt accumulation we received a letter of assurances. I do from the Reagan administration last poses a serious threat to future sta- not know what letters of assurance are, Wednesday said the first $350 billion bility and economic growth. We are on or what a letter of assurance is, but I did absolutely no good, in terms of track to have a budget deficit this year suppose it is the same kind of assur- dealing with the recession we are cur- that exceeds the size of the entire Fed- ance we got from Secretary Paulson rently in. eral budget only a few years ago. How- when he said to us we have to have $700 It was clear to me at the time it was ever, we can immediately make billion, and it has to be used to buy a mistake to sign a blank check to one progress on reducing that deficit damaged assets. man for such a tremendous amount of amount by not releasing the $350 bil- The letters of assurances are a bunch money. Although there are still signifi- lion. That is something that deserves of promises on paper and that is not cant challenges in the financial mar- sufficient debate. sufficient justification for this institu- kets, it appears the threat of the finan- Finally, as a fiscal conservative, the tion to let go of the $350 billion in tax- cial crisis spinning so out of control thing that concerns me about the $700 payers’ money. Congress needs to put that we face another Great Depres- billion bailout is it permanently itself back in the process when we are sion—which was the original justifica- changed the perception about what is talking about this kind of money. That tion for the grant of such sweeping au- ‘‘big’’ in big government from now on. is why I introduced legislation, S. 64, thority—has subsided. Has the need to What is another $50 billion here or an- with a bipartisan group of Senators. allow one person, whether it is Sec- other $100 billion there, after we give That says the executive branch can retary Paulson or Timothy Geithner, $700 billion to banks? What is the big only have access to the remaining $350 to give away hundreds of billions of deal about a trillion dollar deficit or billion if Congress approves the sub- taxpayers’ dollars to banks subsided as $800 billion stimulus package or a mitted plan and votes on that plan. well? That is a question that needs to multibillion health care proposal or What is so bad about that? This is be asked, and that answer is yes. whatever plan is dreamed up around the way we have been doing business I fully understand the severity of the here to spend the taxpayer money on, for years and years. The administra- ongoing financial crisis that erupted in once we gave $700 billion to an tion will make a request. That is what this past year. I am fully aware of the unelected bureaucrat with no over- they do in the budget process. It comes need to take extraordinary actions in sight. We have simply lost our perspec- to Congress. We evaluate that and de- such situations. From the rescue of tive. People now think that the termine whether we, who are elected Bear Stearns in March to the an- amount has changed. representatives, believe it is something nouncement of the bank equity pur- I will close by noting the cost of the that should take place. chase program in mid-October, to two following defining events in the 20th We have already seen the legislation bailouts for AIG, to hundreds of bil- century, much our shared history, and we passed last fall is a blank check for lions extended to Citigroup, the U.S. compare them with the $700 billion one person to do whatever he wants Government has, indeed, undertaken bailout, to hopefully bring a little per- with billions of dollars. Take, for in- extraordinary efforts to calm financial spective to the debate over the request stance, the auto bailout. The inter- markets. However, it is clear to me and for the second half of the $700 billion esting thing about the auto bailout is many of my colleagues that the Treas- bailout. everyone expressed all this outrage ury accessing the remaining $350 bil- The Marshall Plan was a long time over the auto bailout. I said back in lion would do little to fix the recession ago, but if you bring it up-to-date that October, when 75 percent of the Mem- we are in now. would amount to $115 billion. This is bers of the House and the Senate voted It is time for the U.S. Government to after inflation. The race to the Moon, to give Secretary Paulson $700 billion cease announcements of new programs $237 billion; the entire Korean war, $454 to do with as he wished: Who is going or plans designed to inject confidence billion; the New Deal, $500 billion; the to be next in line to be bailed out? I in markets. Moreover, I think con- Vietnam war, $698 billion; and then 8 suggested aviation, then the auto in- fidence would be better instilled by years in Iraq, in the liberation of Iraq— dustry and farmers and everybody else. halting the announcement of new bil- people were complaining about how That is exactly what did happen. So lion dollar programs designed to fix much money it cost—it is less than the those people who expressed such out- markets. I understand the need to $700 billion we are talking about here. rage with the auto bailout should stop move in accordance with changing con- We cannot put on fast track the re- and realize, if it had not been for that ditions. I simply think the time has maining $350 billion in this package. vote to turn loose and turn over $700 come to stop having the Government Congress is going to have to actively billion, that could not have happened. trying to fix markets. The markets are debate any further funding. People talk about whatever it was, going to have to fix themselves. What my legislation does, first of all, $15 billion or whatever it was in the That is going to take some time. It is if we do not do anything at all, if we sit auto bailout. That only constituted 2 not going to be a pleasant process, but back and act like everything is fine percent of the $700 billion. That is what we are fooling ourselves if we think we and wait until the proposal comes to

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 515 us, then the only thing we can do under he can set the ship right; second, will been cast aside or ignored. The result? the law we passed in October of this be fiercely independent and will make The result was a damaged institution, past year is to have a resolution of dis- decisions based on the facts and the its reputation compromised, its integ- approval. evidence and the law, not on politics or rity challenged, and its morale sadly If the leadership, if Senator REID and pressure from the White House; and diminished. Now, more than anything the leadership decide we should not third, has the temperament and experi- else, someone needs to put that right. have a vote on that, I am sure they will ence to be strong and fair through all Eric Holder has the knowledge, the ex- have procedural ways to have this kept of the pressures that mount up on that perience, and the character to do that. from having a vote, but even if there is office. Eric Holder is the best possible I have listened with a great deal of a vote, they would have that control. person for this difficult job at this dif- interest to some of the things that That doesn’t do any good at all. The ficult time. have been said in this Chamber about only way to do it is to pass this bill We all know Mr. Holder’s long and Eric Holder and his character. Indeed, that says we cannot spend the last $350 distinguished experience at the Justice there has been a not-so-subtle effort to billion until they come forth with a Department and within the justice sys- question whether Mr. Holder is suffi- program, we evaluate it, we take our tem. He has been a line attorney in the ciently independent of political influ- prerogative as given to us in the Con- Public Integrity Section, prosecuting ence to serve this Nation as our Attor- stitution and determine whether this is corrupt public officials of both parties; ney General. I cannot speak to the mo- a wise expenditure of these funds. he has been a judge nominated by tivations behind this effort, but I can I hope I will have several others President Ronald Reagan; he has been say this: Eric Holder is a man who wanting to join S. 64. Who can argue the Deputy Attorney General, the No. 2 spent 12 years as a line prosecutor with accountability? position in the Department; he has prosecuting corrupt politicians of both I yield the floor. I suggest the ab- been the U.S. attorney for the District parties. He is a man who was suffi- sence of a quorum. of Columbia; and he has been a highly ciently politically independent for The ACTING PRESIDENT pro tem- regarded attorney in private practice. President Ronald Reagan to nominate pore. The clerk will call the roll. One would be hard pressed to find a him as a judge. This is a man who, as The assistant legislative clerk pro- more experienced candidate. It is no U.S. attorney for the District of Co- ceeded to call the roll. surprise, then, that so many organiza- lumbia, indicted and convicted Dan Mr. WHITEHOUSE. Mr. President, I tions and individuals who work with Rostenkowski, the Democratic chair- ask unanimous consent the order for the criminal justice system every day man of the Ways and Means Com- the quorum call be rescinded. have endorsed Mr. Holder’s nomina- mittee, one of the most powerful men The ACTING PRESIDENT pro tem- tion, including the National Fraternal in Washington. This is a man who rec- pore. Without objection, it is so or- Order of Police, the National District ommended to Attorney General Janet dered. Attorneys Association, the National Reno that she appoint an Independent f Association of Police Organizations, Counsel to investigate President Clin- the International Association of Chiefs NOMINATION OF ERIC HOLDER ton’s Secretary of the Interior, Bruce of Police, the National Association of Babbitt. This is a man who advised At- Mr. WHITEHOUSE. Mr. President, I Assistant United States Attorneys, the torney General Reno to expand the rise to speak on President-elect National Center for Victims of Crime, scope of the investigation by Kenneth Obama’s nomination of Eric Holder to the National Organization for Victim Starr into the Monica Lewinsky affair be the Attorney General of the United Assistance, and Mothers Against investigation. States. It is nothing new in Wash- Drunk Driving. It is not just me with this confidence ington for it to be said of a nominee Mr. Holder’s experience is unques- in Eric Holder and in his independence, that he or she is the best person for a tionable, but it is not only experience his character, his judgment, and his job. That happens all the time. We that makes him the right person for temperament. Let me read what former have all heard it. It will surprise no this uniquely challenging post. I know Attorney General William Barr, former one in this room or elsewhere in Wash- Eric Holder. When I was a U.S. attor- Deputy Attorney General James ington to know it is not always the ney, he was my colleague, as the U.S. Comey, and former Federal Bureau of case. But in this case, for this appoint- attorney for the District of Columbia, Investigation Director Louis Freeh ment at this time, I believe it is true. and then my boss when he became Dep- have said about him. I believe Eric Holder is the best person uty Attorney General. I have great per- In a letter to Chairman LEAHY and to be Attorney General of the United sonal confidence in him. In our work at Ranking Member SPECTER, Mr. Comey States. the Department, the U.S. attorneys wrote this: It is hard to overstate the signifi- saw firsthand in Eric, over and over, From my professional and personal asso- cance of the work of the Department of the qualities of temperament, intel- ciation with Mr. Holder, I believe him to be Justice to the American people. ligence, judgment, and independence a man of strong character, and first-class It is hard to overstate how vital it is that are essential for an Attorney Gen- ability. I think he has the institutional that the American people have con- eral and especially for an Attorney knowledge, humility, and integrity to be a fidence in that Department, from the General who takes office during a time fine Attorney General. Attorney General down to the most when the Department is in distress. My colleagues will remember that junior line attorney. It is hard to over- As I know Eric Holder, so also do I James Comey was the Deputy Attorney state the importance of our trust that know the damage and destruction that General for Attorney General Ashcroft. this great Department makes decisions was wrought by the Bush administra- He was the Acting Attorney General at on the merits, proceeds on the facts tion on our Department of Justice. In the time of that sickening raid by the and the evidence and the law, and care- the Judiciary Committee, under the White House Chief of Staff and White fully protects itself from political in- distinguished leadership of Chairman House Counsel Alberto Gonzales at the terference. Patrick Leahy, we worked hard to find hospital bedside of stricken Attorney The Bush administration has com- out what has been done there and to General Ashcroft. He is the man who promised the American peoples’ faith bring it to light. My colleagues, Sen- stood up against the warrantless wire- in their Department of Justice by com- ator SCHUMER of New York and Senator tapping program and stopped it until it promising the integrity of the Depart- FEINSTEIN of California, deserve par- was brought right. He is the center, by ment at its highest levels. We need ticular credit in that struggle. all accounts, of what would have been that back. Because I had worked in the Depart- essentially the resignation of the at- What we need now is an Attorney ment, I was familiar with many of the torneys at the top of the Department General who first, understands the institutions, the traditions and the of Justice if the White House had not inner workings of the Department so practices of the Department that have blinked and backed down. This is a

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 516 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 man who knows something about inde- NOMINATION OF ERIC HOLDER elect Obama’s Cabinet choices. A pendence and integrity, and he vouches Mr. DURBIN. Mr. President, last Washington Post reporter who had for Eric Holder. month, President-elect Obama des- been covering the Holder nomination Louis Freeh, who was the Director of ignated Eric Holder to be the next At- said in an interview: the Federal Bureau of Investigation, torney General of the United States. Word on the street is that Karl Rove is wrote this: When President-elect Obama made this going to be helping lead the fight against I am certain that Eric has the highest Eric Holder when his nomination for Attor- choice, there was virtual universal ney General heads up to the Senate. legal competence, total integrity, leadership, praise from both sides of the aisle. and, most importantly, the political inde- That is unfortunate. I am confident, Republican ORRIN HATCH of Utah, the pendence to discharge faithfully the im- former chair of the Senate Judiciary however, that at the end of the day, mense trust this Nation reposes in its Attor- when Eric Holder comes before the Committee, said Eric Holder was ‘‘an ney General . . . In all of Eric’s interactions Senate Judiciary Committee this week excellent choice,’’ in his words, and with me as FBI Director, as well as in his for his nomination hearing, he will an- close coordination with my Deputy and that ‘‘I intend to support him.’’ My col- swer the questions directly and show other Assistant Directors who also had ex- league, Senator JEFF SESSIONS of Ala- the Senate and the American people tensive and sometimes daily contact with bama, said, ‘‘I think his instincts on that he is an excellent choice to be our him, Eric always displayed total integrity, law and order are good’’ and that he next Attorney General. courageous leadership, complete fairness, was ‘‘disposed to support’’ Eric Holder. and, once again and most importantly, polit- I met with Eric Holder in my office ical independence. Senator TOM COBURN of Oklahoma said: last month. I had similar meetings ‘‘I think it’s a good choice.’’ Former Attorney General Bill Barr, with President Bush’s Attorney Gen- It is not hard to see why the initial former Deputy Attorney General eral nominees: Michael Mukasey, response to Eric Holder’s selection was George Terwilliger, and others wrote Alberto Gonzales, and John Ashcroft. so positive. After all, Mr. Holder had that: In my meetings with all four of these been confirmed unanimously by the nominees, I asked each of them about Mr. Holder’s 30-year professional career Senate in 1997 for the position of Dep- has consistently been characterized by un- their views on issues that were central failing integrity and a commitment to polit- uty Attorney General. to the mission of the Department of ical independence . . . Eric Holder is the As the No. 2 person at the Justice De- Justice. I asked them about a variety right man at the right time to protect our partment, Mr. Holder supported broad- of different issues: human rights, civil citizens in the critical years ahead. ening the authority of independent rights, civil liberties, national secu- There is a powerful record behind counsel Ken Starr, a difficult decision rity, and access to justice. I tried to Eric Holder of political independence. that was criticized by many Demo- take the measure of each man, and to The measure of independence is not crats. Mr. Starr’s investigation led to gain a sense of whether they would whether you decide against the Presi- the impeachment of President Clinton. have the independence and integrity dent or your party on every question, And Mr. Holder recommended the ap- for the job. every time; the measure is whether you pointment of a special prosecutor to in- In my opinion, Eric Holder stood decide against the President or your vestigate Interior Secretary Bruce head and shoulders above the others. party when the facts and the law direct Babbitt, a member of President Clin- Let’s take one example, but a critically it. In my view, Eric Holder has met ton’s Cabinet. important example, the issue of tor- that standard. And in the view of Re- Earlier in his career, Eric Holder had ture. publican Attorney General and Deputy been appointed by President Ronald The late historian Arthur Schles- Attorney Generals and people who have Reagan to serve as a judge. He was inger, Jr., said this about the torture served with distinction and know him later appointed by President Clinton to policy of the Bush administration: well, they agree he has fully met that be the U.S. attorney in Washington, No position taken has done more damage standard. DC. In that position, he earned a rep- to the American reputation in the world— I take the Senate’s role in the con- utation for independence. He pros- ever. firmation process very seriously. I be- ecuted public officials of both political Historian Schlesinger, of course, has lieve the Judiciary Committee must parties during the 12 years he served as written about the American history of and, under the leadership of Chairman a career prosecutor in the Justice De- the 19th and 20th centuries, and I think LEAHY, will closely examine Mr. Hold- partment’s Public Integrity Section. he understood as much if not more er’s record and his qualifications. It is So it is no wonder Mr. Holder’s nomi- than others that some of the graphic our duty. At the end of that process, I nation to serve as Attorney General scenes and details of torture under the believe the majority of colleagues will was met initially with strong bipar- Bush administration have created, un- agree with me and with so many others tisan praise. fortunately, sad memories among peo- that Eric Holder is the right person at Unfortunately, some Senators are ple across the world. the right time to restore our Depart- now questioning the character of Eric Sadly, that policy of torture was ment of Justice to its rightful standing Holder. What has happened? Why the aided and abetted by the last two At- as the defender of what is good and change? Why the initial positive reac- torneys General. Instead of defending what is honorable and what is true in tion of a man who has served as a pros- the rule of law, the Bush administra- our Nation. ecutor, as a judge, as the No. 2 man in tion’s Justice Department set aside our I yield the floor, and I suggest the ab- the Department of Justice, someone treaty obligations and redefined tor- sence of a quorum. who has faced thousands of decisions, a ture with evasive words and with a The ACTING PRESIDENT pro tem- person who was first appointed under a wink and a nod. pore. The clerk will call the roll. Republican President, then a Demo- During his confirmation hearings, The assistant legislative clerk pro- cratic President? Why this change? Gonzales told me it was legally permis- ceeded to call the roll. Well, it is attributable in part to sible for the United States of America Mr. DURBIN. Mr. President, I ask someone who has surfaced again on the to subject detainees to cruel, inhuman, unanimous consent that the order for American political scene and has been and degrading treatment. But cruel, in- the quorum call be rescinded. very vocal in his criticism of Eric human, and degrading treatment are The ACTING PRESIDENT pro tem- Holder. That person is Karl Rove. I am clearly prohibited by the Torture Con- pore. Without objection, it is so or- sure we all recall Karl Rove. He used to vention, a treaty we ratified and are dered. be President Bush’s top political strat- bound to obey. Mr. DURBIN. Mr. President, it is my egist. Today he works as a high-priced I drafted legislation to overturn this understanding we are in morning busi- political consultant. Bush administration policy and make ness. In a TV interview last month, Mr. it clear that cruel, inhuman, or degrad- The ACTING PRESIDENT pro tem- Rove called Eric Holder ‘‘the one con- ing treatment is prohibited in all cir- pore. We are. troversial nominee’’ among President- cumstances. I will tell my colleagues

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 517 that my bill did not pass, but a vir- when he refused to answer ask him his opinion about Marc Rich. tually identical bill introduced by Sen- straightforwardly, here we have a Without spending much time exam- ator JOHN MCCAIN, which I was proud nominee for Attorney General who has ining the pardon request, Eric Holder to cosponsor, did pass overwhelmingly. made it clear that America is going to indicated he did not oppose it. It was obvious that Senator MCCAIN return to the values we have held dear In retrospect, when I asked him di- was the right person to carry this for generations, and I think returning rectly in my office, Mr. Holder admit- issue. His experience as a detainee and to those values will help restore our ted that comment was a mistake. He prisoner of war during the Vietnam position and credence in the world. acknowledged that the Rich pardon conflict gave him more credence on Indeed, Mr. Holder has spoken out re- should not have been granted and that this issue than anybody else on the peatedly about this issue—not just in he should have sought the input of Senate floor. He stood and spoke not meeting with me privately. For exam- other Justice Department officials only for the American people but for a ple, last June in a speech before the about this recommendation. It was a great tradition in American law. He American Constitution Society he said: lapse in judgment, and Mr. Holder has was criticized and there were objec- Our needlessly abusive and unlawful prac- openly acknowledged it. tions from Vice President CHENEY and tices in the ‘‘war on terror’’ have diminished Now, many of us who have spoken others, but Senator MCCAIN’s position our standing in the world community and out on the Senate floor have occasion- prevailed in the Senate. made us less, rather than more, safe. ally said things we wish we hadn’t said. After Alberto Gonzales departed as Alberto Gonzales, the former Attor- We are, as a matter of course, given Attorney General under a cloud of ney General, said the United States permission to revise and extend our re- scandal, I had hoped that the Justice could engage in cruel, inhuman, and marks if we make a mistake, but it is Department would be able to turn a degrading treatment. Listen to what rare in public life. Senators do it, Con- new page with the nomination of Mi- Eric Holder said during his speech to gressmen do it, and occasionally elect- chael Mukasey. He had served as a Fed- the American Constitution Society: ed officials do it—to just say flat out, eral district court judge. He was an ac- We must declare without qualification that ‘‘I made a mistake.’’ Eric Holder has complished attorney. He was someone it is the law, policy, and practice of the been open and honest about that. I who I thought came to this job with United States Government that we do not value that. In the thousands of deci- the capacity to put perspective on torture people and we do not subject people sions he faced as the No. 2 man in the some of the most contentious issues. to cruel, inhuman, or degrading treatment. Justice Department, there are only a During his confirmation hearing on the What a stark contrast from the eva- handful that have even raised a ques- second day, I asked Mr. Mukasey a sive words we heard from Alberto tion, and he has been open and honest simple, straightforward question: Is Gonzales and the refusal of Attorney in saying that this was not the right the torture technique known as General Michael Mukasey to address thing to do. waterboarding legal? this issue directly. There is probably no one in America Now, waterboarding is a torture tech- I can assure my colleagues that Eric more disappointed by that pardon of nique that was used as long ago as the Holder will bring about a welcome Marc Rich than the man who pros- Spanish Inquisition in the 15th cen- change in the Department of Justice ecuted him, James Comey. You may re- tury. Following World War II, the and a welcome change that our Nation member Mr. Comey; I sure do. He is a United States prosecuted Japanese is anxious to see. He possesses the ex- Republican who served for a few years military personnel as war criminals perience, the wisdom, and the integrity as the Deputy Attorney General at the when they were accused of to be an outstanding Attorney General. Justice Department under John waterboarding U.S. prisoners. The He is a leader who can rebuild the mo- Ashcroft. He was the one who stood up Judge Advocates General, the highest rale within the Justice Department to President Bush and refused to au- ranking lawyers in the U.S. military, and restore faith among the American thorize the President’s secret surveil- told me and testified unequivocally people in this important agency. We all lance program during the critical pe- that waterboarding was illegal. But remember that chapter in the history riod when John Ashcroft was hospital- Mr. Mukasey, at his confirmation hear- of the Department of Justice when so ized and Mr. Comey served briefly as ing for Attorney General, refused to many U.S. attorneys were the Acting Attorney General. Earlier answer my question and to this day unceremoniously dismissed from their in his career as an assistant U.S. attor- still refuses to acknowledge that positions, many of whom had never had ney in New York, Mr. Comey was the waterboarding is torture. any criticism leveled at them for their prosecutor in charge of the Marc Rich President-elect Barack Obama has professional work. Questions have been case. He knows the case better than made it clear that he will reclaim raised over and over as to whether this any of us. He strongly opposed the par- America’s role as champion and de- was just a political move or what. The don of Marc Rich by President Bill fender of fundamental human rights. fact is, I am sure it took its toll on the Clinton, as did his colleagues in the He said—and I quote my former Senate morale of the department. We have a U.S. Attorney’s Office in New York. colleague, President-elect Obama: chance with Eric Holder to restore it. However, Mr. Comey sent a letter to No administration should allow the use of It is critical because without faith in torture, including so-called ‘enhanced inter- the Senate Judiciary Committee a few our system of justice, our democracy is weeks ago in support of the nomination rogation techniques’ like water-boarding, in danger. head-slapping, and extreme temperatures. of Eric Holder. I wish to read from it. It’s time that we had a Department of Jus- I wish to address one final matter He said: that some of my Republican colleagues tice that upholds the rule of law and Amer- I have come to believe that Mr. Holder’s ican values, instead of finding ways to enable have talked about: the pardon of Marc role in the Rich and [co-defendant Pincus] the President to subvert them. No more po- Rich in the closing days of the Clinton Green pardons was a huge misjudgment— litical parsing or legal loopholes. administration. In January of 2001 Mr. Comey wrote to the committee— I believe Eric Holder will fulfill the President Clinton issued a pardon for Marc Rich, who had been convicted of one for which he has, appropriately, paid President-elect’s commitment. When I dearly in reputation. met with Mr. Holder, I asked him the tax evasion and who had fled the coun- same simple question I had asked Mi- try. Presidents have the power to issue Mr. Comey went on to say: chael Mukasey: Is waterboarding ille- pardons and commutations, and they Yet I hope very much he is confirmed. I gal? Without hesitation, Mr. Holder seek the advice of the Justice Depart- know a lot of good people who have made ment on which requests to grant and significant mistakes. I think Mr. Holder’s looked me straight in the eye and may actually make him a better steward of said—and I quote—‘‘Senator, which to reject. On January 19, 2001, the Department of Justice because he has waterboarding is torture.’’ the last full day of the Clinton Presi- learned a hard lesson about protecting the After hours of questioning Michael dency, the White House called Eric integrity of that great institution from po- Mukasey on that simple, obvious fact Holder at the Justice Department to litical fixers. I’m not suggesting errors of

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 518 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 judgment are qualification for high office, be the first African-American Attorney ing power when he was first elected to but in this case, where the nominee is a General in our Nation’s history. When I the Senate in 1984 by a razor-thin mar- smart, decent, humble man who knows and was growing up, there were laws in gin—less than half a percentage point. loves the department and has demonstrated his commitment to the rule of law across an some States that prevented African But political pundits and prognos- entire career, the error should not disqualify Americans from drinking out of the ticators often only skim the surface or him. Eric Holder should be confirmed as At- same water fountains as Whites, at- state the obvious and give short shrift torney General. tending the same schools, and using to the characteristics that matter That statement of support is from the same restrooms, restaurants, swim- most in the making of an outstanding James Comey, a Republican, and the ming pools, and other public accom- leader. chief prosecutor of Marc Rich who was modations. It is one more measure of In other words, they didn’t really entrusted with major responsibilities how far America has come that we now know MITCH MCCONNELL. They didn’t in the Department of Justice under have a chance to confirm a distin- know about how he overcame polio at President Bush. He is a man who knows guished African American to be the top age 2, undergoing an intensive therapy that Department very well. law enforcement officer in America. regimen at the Roosevelt Warm Mr. Comey’s opinion is also shared by After 8 years of the Justice Depart- Springs Institute for Rehabilitation Larry Thompson, another prominent ment trampling the Constitution and and obeying doctors’ orders not to Republican who served for several often putting politics over principle, walk or run for 2 years. That took de- years as Deputy Attorney General we now have a chance to confirm a termination, and MITCH showed that under President Bush. Mr. THOMPSON nominee with strong bipartisan sup- early on. had this to say about Eric Holder and port who can restore the Justice De- Senator MCCONNELL’s service to his the Rich pardon: partment to its rightful role as the pro- State and Nation is as varied as it is There’s no way you can have a high-profile tector of our laws and renew America’s impressive. After serving as a student job in Washington like the deputy attorney faith in our system of justice. body president and graduating with general without attracting some kind of con- This week, before the Senate Judici- honors at the University of Louisville troversy. That matter has been fully inves- ary Committee, on which the Presiding College of Arts and Sciences in 1964, he tigated, and it should be put behind him. Officer also serves—we will have an op- went on to law school at the University Let me also read the statement of an- portunity to ask questions of Mr. Hold- of Kentucky, where he was elected other high-profile Republican, Ed Rog- er. I will be asking him many of the president of the Student Bar Associa- ers, who served in two Republican same questions I have asked of former tion and earned a law degree. White Houses. Mr. Rogers said: Senator Ashcroft, Mr. Gonzales, and He followed that by working as an in- Under the Constitution, the President’s au- Mr. Mukasey. tern for Senator John Sherman Cooper thority to pardon is unlimited. There was no The answers, I am sure, will be sig- and as a chief legislative assistant to deceit or malfeasance by Holder. Everyone nificantly different, showing that we Senator Marlow Cook, which provided knows this was Bill Clinton’s initiative. Eric are about to launch a significant him with invaluable experience in Holder is innocent. change in America, a change which the Washington, DC. Other stints followed: Then he added: American people voted for overwhelm- He was deputy attorney general under the Rich pardon is no bar to Eric Holder ingly in November and a change that President Gerald R. Ford and a county being an effective Attorney General—even will be carried forward in a very posi- judge-executive in Kentucky until he though we Republicans and some in the tive way at the Department of Justice media will enjoy rehashing it. was sworn in as a U.S. Senator on Jan. by Eric Holder as our next Attorney 3, 1985. You can question Eric Holder’s judg- General. ment in the Marc Rich case, but you I yield the floor. In whatever position Senator MCCON- can’t question his integrity, his inde- NELL has served, he has unfailingly f pendence, and his character. served with distinction. I have had the A few days ago the Senate Judiciary TRIBUTE TO MITCH MCCONNELL good fortune of working with MITCH for Committee received a letter of support Mr. HATCH. Mr. President. I rise years, dating back to his election as a for Eric Holder from 10 prominent Re- today to honor my good friend MITCH freshman Senator, when he became the publican lawyers, including former At- MCCONNELL, the Senate minority lead- first Republican to win a statewide torney General William Barr and er whose strong leadership, sterling ex- race in Kentucky since 1968. In fact, former chief counsel to Senator ARLEN ample and wise counsel have earned MITCH was the only Republican in the SPECTER of Pennsylvania, Michael him an honored position within the Nation in 1984 to defeat a Democrat in- O’Neill. This is what the letter said: ranks of the extraordinary public serv- cumbent. Due to his character and experience, Eric ants who now serve or have served in To his considerable credit, MITCH has today enjoys the endorsement of literally the U.S. Senate. been defying the odds ever since. For thousands of law enforcement officials from Senator MCCONNELL is the second example, during his tenure as chairman across the country, including NAPO (the Na- Kentuckian to lead his party in the of the National Republican Senatorial tional Association of Police Organizations), NDAA (National District Attorneys Associa- U.S. Senate, the first being Senator Committee during the late 1990s and tion), PERF (Police Executive Research Alben Barkley, who led Senate Demo- early 2000s, the Republicans controlled Forum), NSA (National Sheriffs’ Associa- crats from 1937 to 1949. MITCH is now the Senate—in large part due to his tion), NAAUSA (National Association of As- the longest-serving Republican Senator leadership. sistant U.S. Attorneys), and NOBLE (Na- in Kentucky history, eclipsing the pre- MITCH MCCONNELL is a conservative’s tional Organization of Black Law Enforce- vious record held by the legendary Sen- conservative who gets high marks from ment Executives). . . . As former federal ator John Sherman Cooper. the American Conservative Union and prosecutors and senior officials of the De- Today, Senator MCCONNELL has been all who know him. Moreover, he is a partment of Justice we are profoundly aware of the challenges that the Department and serving as a U.S. Senator for almost a scholar and able defender of the Con- the country are facing. Eric Holder is the quarter century. During that time, stitution and this great country. Know- right man at the right time to protect our four U.S. Presidents, scores of col- ing just how deadly terrorists can be, citizens in the critical years ahead. leagues, and several crises have come he is deadly serious about protecting It is worth noting that Eric Holder and gone, but MITCH has carried on America. He also is an outspoken advo- also has the public support of former with courage, boldness and steadfast- cate of the first amendment and a tre- FBI Director Louie Freeh, as well as ness. He has weathered the most turbu- mendous parliamentary tactician. the National Fraternal Order of Police, lent political seas and has always been When MITCH MCCONNELL talks, people which is the world’s largest organiza- a calming influence on his Senate col- listen and pay heed—almost always tion of sworn law enforcement officers. leagues while at the helm. with excellent results. One final point: Eric Holder is a his- Few would have predicted that Sen- As good a Senator as MITCH is, he is toric selection. If confirmed, he would ator MCCONNELL would have such stay- an even better man—one who places

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Mary the proud father of three beautiful No. 1 on the list is his effort to pass and I will always be thankful for his daughters and the loving husband of the tobacco buyout one of the most sig- friendship and that of his wife, our outgoing U.S. Secretary of Labor nificant events in the agricultural his- great Secretary of Labor, Elaine Chao. Elaine Chao. And he is utterly devoted tory of Kentucky. I can’t stress enough Kentuckians could not have a better to the people of Kentucky he so ably that the tobacco buyout, passed in 2004, Senator fighting on their behalf. Our represents and honors with his stellar has helped the livelihoods of tens of State is lucky to have him, and so is service. thousands of Kentucky tobacco farm- this Senate. I congratulate him on At this time, I wish my colleague and ers, their families, and the many towns reaching this very significant mile- dear friend success, health and happi- and communities in which they lived. stone. ness as he continues his leadership and The tobacco buyout will inject $2.5 bil- Mr. DODD. Mr. President, I rise to service in the 111th Congress. I am lion into Kentucky over 10 years to to- join my colleagues in celebrating this grateful for the opportunity I have had bacco quota holders and growers, al- remarkable achievement of our dear to work with him over the years and lowing them to transition to other friend, the senior Senator from Ken- look forward to continuing to serve to- crops, continue the farming way of life, tucky and the minority leader of the gether in tackling the tremendous and provide for their families. After Senate, Senator MCCONNELL. And I challenges confronting our great Na- many obstacles and years of frustra- apologize that I wasn’t able to join the tion. tion, I was proud to work closely with rest of my colleagues in their tribute I honor him and his wife Elaine for MITCH on this effort to sign the buyout earlier. their service and sacrifices and ask for into law. Many thought it couldn’t be Twenty-four years is a long time in God’s blessings on them both. both. done. But we knew it could. politics and in the case of my friend Mr. BUNNING. Mr. President, this is Then there are the millions of Ken- from Kentucky, it is historic. a day for all Kentuckians and Ameri- tuckians who have benefited from But as someone who sits at the desk cans to celebrate the man I proudly MITCH’s work to strengthen higher edu- his father did before him—who treas- call my best friend in the Senate. cation. I know firsthand his dedication ures this institution—I know there is a Today we mark an historic occasion to Kentucky’s universities. He under- difference between the length of our for the Commonwealth of Kentucky stands that by improving them, we not service and the quality of our service. and the Senate, as my colleague, my only help students but entire commu- And let there be no doubt that friend, and my party’s leader, MITCH nities by developing jobs and building a throughout his two-and-a-half decades MCCONNELL, becomes the longest serv- better workforce. here, Senator MCCONNELL has tire- ing Senator in Kentucky history. During his time in the Senate, he has lessly dedicated himself to the latter. Back in 1984, when MITCH first won secured over $320 million for research My friend and I may not agree on ev- election to this Chamber by just over and infrastructure in Kentucky’s uni- erything. But we both realize the ex- 5,000 out of over 1.2 million votes cast, versities. And I know he is not finished traordinary privilege and opportunity some may have doubted that the Jef- yet, as that remains one of his highest this is. ferson County judge executive and priorities. When this institution works, it works newly-elected Senator would go on to All of us on this side of the aisle rec- because of people like MITCH MCCON- become the leader and statesman he is ognized MITCH’s ability, and we have NELL. today. But some of us had little doubt. unanimously chosen him to be the Re- Having served with him for the past It was easy to tell MITCH was special publican leader. 24 years and during our time at the from the beginning. In 1984, he was the Leading the Senate is like herding Rules Committee, I had the privilege of only Republican challenger in the cats. Senators are not the kind of peo- seeing my colleague’s remarkable tal- country to defeat a Democratic incum- ple who are easily led. We are all used ent very closely. bent in a Senate race. In Kentucky he to leading ourselves. Everyone in this Chamber knows how was also the first Republican to win a It takes a special kind of man to lead difficult the moment was after the statewide race since 1968. all these class-president types, to bal- Presidential election in 2000. The coun- MITCH went on to prove that his ini- ance the different personalities and try was terribly divided along partisan tial victory was not just luck. Some of issues that can come out of our con- lines and feelings in this institution my friends may not know what a ference. It takes vision and clarity to were raw. prominent role MITCH has played in be able to define our principles and our As chair and ranking member of Kentucky’s political history. He has mission, to codify them in a way that Rules, the responsibility fell to Sen- helped to build the thriving two-party every Member can get on board, and to ator MCCONNELL and me to count the political system that Kentucky has communicate them to our colleagues electoral votes—typically a ceremonial today. and the country. And it takes consider- duty but one fraught with tension in MITCH worked with the focused deter- able wisdom to maneuver past the the wake of the closest Presidential mination that is his trademark here in many legislative obstacles and par- election in American history. the Senate and aggressively recruited liamentary land mines that lay in wait We would soon oversee together Republican candidates at every level in the Senate. MITCH MCCONNELL is the President Bush’s first inaugural as throughout the State. He made his case right man for the job, and I am proud well. to the people of Kentucky, explaining of him as he continues to lead our That we were able to get back to his philosophy and his mission. party in the Senate. business in such short order was a trib- As a Republican, he was certainly And Kentucky is proud of him, too, ute to MITCH MCCONNELL’s tempera- swimming upstream at first. But over as only the second Kentuckian in his- ment and commitment to this institu- time, the people responded. tory and the first in over half a cen- tion. Twenty-four years later, he remains tury to become a Senate floor leader. And there was some very important as popular as ever back home. Last No- In that role, he is able to do even more business to be done—not the least of vember, Kentuckians elected him to a for Kentucky. which was reforming our nation’s vot- record fifth term and awarded him MITCH has graced this Senate with ing laws to ensure there wouldn’t be a nearly 1 million votes the most ever his leadership, commitment to prin- repeat of Florida ever again. Together,

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and over a series of months, he and I COBURN be recognized at the conclusion with Syrian President Bashar al-Asad. wrote the Helping America Vote Act. of my remarks. On the Iranian subject, President Asad It was a difficult, delicate process— The PRESIDING OFFICER. Without urged that action be taken to try to but the hard work paid off. objection, it is so ordered. get the inspections, and that would be Civil rights hero JOHN LEWIS called The Senator from Pennsylvania is a more productive line than chal- HAVA the most important voting recognized. lenging whatever rights Iran had as- rights law since the Voting Rights Act REPORT ON FOREIGN TRAVEL serted. passed in 1965. In part because of Sen- Mr. SPECTER. Mr. President, I have In our discussions with President ator MCCONNELL’s commitment to sought recognition to speak briefly Asad, the subject of a potential Israel- working together—to working through about foreign travel which I undertook Syria peace treaty was discussed. The difficult issues instead of setting them over the past recess, focusing prin- Syrians have made it plain that they aside—today Americans have more cipally on the Mideast and on Europe. are interested in a return of the Golan confidence in their right to vote pri- My group arrived in Jerusalem on Heights. Only Israel can decide for vately and independently. December 26, late in the evening on itself whether it is willing to give up We also managed the McCain-Fein- Friday. The next day, the hostilities the Golan with respect to whatever arose in Gaza. I had an occasion to dis- gold bill to reform our campaign fi- strategic advantage the Golan may cuss this matter with a number of offi- nance laws on the floor of the Senate— have. Obviously, it is a different world cials in Israel and also with Prime Min- another challenge that took consider- strategically today than it was in 1967 ister Fayyad of the Palestinian Au- able effort on the part of Democrats when Israel captured the Golan and Republicans to work together. To thority. As is well known from the news re- Heights. set aside those differences and focus on ports, the Israeli action was taken in It is my view that there could be sub- what was at stake. response to shelling by Hamas on Israel stantial advantages for Israel in terms Senator MCCONNELL did not support over a protracted period of time. of Syrian concessions in a number of the McCain-Feingold bill in the end. Israel’s action was legal under inter- directions to leave Lebanon as a sov- But he was passionate about there national law, Article 51 of the United ereign nation without efforts to desta- being a fair process. Nations charter which expressly recog- bilize Lebanon but withdrawing any As another Kentucky son once said, nizes the right of self-defense under cir- Syrian support from Hezbollah and also Justice Louis Brandeis, ‘‘We are not cumstances where a nation is attacked. from Hamas. When we discussed with won by arguments that we can analyze, And that was the factual matter there. President Asad the issue of Hezbollah but by tone and temper—by the man- In speaking to Israeli President Peres and Hamas, he said if the Palestinian ner, which is the man himself.’’ and Israeli Prime Minister Olmert, the issue could be resolved, those other To me, that is MITCH MCCONNELL—a point was made that Israel was taking matters would fall into place. conservative to the marrow but some- this action only as a last resort to pro- There is also the potential advantage one who has never forgotten why we tect Israeli citizens. of trying to move Syria away from the come here: It is highly significant that the Pal- influence of Iran. That is not an easy To make a difference. estinian Authority, which has had its matter. But if there were to be an So I congratulate my colleague and differences with Hamas, has backed the Israeli-Syrian peace treaty—and I his family for reaching this remarkable Israeli position. We had a discussion think that can happen only with the milestone. May you continue to expand with Palestinian Authority Prime Min- participation of the United States—the on it for many years to come. Thank ister Fayyad, who said that the Pales- prospect would be present of improving you. tinian Authority was convinced that that situation of trying to separate f Israel had acted properly and that the Syria from Iran. Palestinian Authority would do what it CONCLUSION OF MORNING In Brussels, we had a meeting with could to maintain quiet within the Pal- BUSINESS General Craddock, who is the NATO estinian Authority’s jurisdiction in the commander there. We discussed a vari- The PRESIDING OFFICER (Mr. face of any demonstrations which ety of subjects, as described in a more CARDIN). Morning business is closed. might occur. extensive report that I will ask to have It is worth noting that Egypt has f printed in the RECORD. backed the Israeli action, noting the With respect to our discussions with DESIGNATING CERTAIN LAND AS aggressive stand taken by Hamas, and General Craddock, the key point was COMPONENTS OF THE NATIONAL Saudi Arabia, too, has noted Hamas’s the issue of what is going on in Afghan- WILDERNESS PRESERVATION inappropriate conduct. SYSTEM—MOTION TO PROCEED We visited in Vienna with Ambas- istan. General Craddock made the point that there cannot be a military The PRESIDING OFFICER. Under sador Schulte and discussed at some victory in Afghanistan but the mili- the previous order, the Senate will re- length the International Atomic En- tary can be successful in securing the sume the motion to proceed to S. 22, ergy Agency efforts to conduct inspec- situation, that there will have to be which the clerk will report. tions on what is going on in Iran with improvements in the Afghanistan Gov- The assistant legislative clerk read respect to any efforts by Iran to create ernment in dealing with the people of as follows: a nuclear weapon. A year ago, I had an opportunity to Afghanistan. General Craddock com- A motion to proceed to the bill (S. 22) to mented that he thought it would be a designate certain land as components of the meet with IAEA Director Mohamed National Wilderness Preservation System, to ElBaradei. He was out of town when we protracted period of time where we authorize certain programs and activities in were there. I had a conversation with would have to have substantial NATO the Department of the Interior and the De- him by telephone on the issue of the ef- forces, in addition to those provided by partment of Agriculture, and for other pur- forts by the IAEA to conduct the in- the United States, to find a resolution poses. spections and that at the moment Iran of the issues in Afghanistan. The PRESIDING OFFICER. The Sen- is not cooperating and, further, inter- I was accompanied on my trip by my ator from Pennsylvania is recognized. national action needs to be taken to be legislative director, Chris Bradish, my Mr. SPECTER. Mr. President, I ask sure Iran does meet its obligations military escort, Phil Skuta, and by Dr. unanimous consent to speak for up to under international agreements and Ronald Smith, all of whom did an ex- 10 minutes. I have conferred with the that there are adequate safeguards to cellent job. A very comprehensive trip Senator from Oklahoma, Mr. COBURN, prevent Iran from developing a nuclear report has been prepared by Mr. who was scheduled to speak first. That weapon. Bradish. I ask unanimous consent to is satisfactory with him. I further ask When we were in Syria, Iran’s activi- have printed in the RECORD, as if stated unanimous consent that Senator ties on that subject were discussed in full on the floor, the trip report.

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He stated that Syria creased tourism in Israel. turn from foreign travel, I file a report with cannot have Lebanon and the Golan at the We were then joined by Prime Minister the Senate. same time. Fayyad. I asked about the prospects for From December 25, 2008 to January 5, 2009, I asked the President about what can be peace with Israel. The PM indicated that the I traveled to the United Kingdom, Israel, done on the Iran front. His best advice was to peace process should be pursued and while it Syria, Austria, Belgium, Norway, and Ice- keep the price of oil low as that will gen- has not happened as quickly as some would land. I was accompanied by my wife, Joan, erate lower revenues for Tehran. Broader en- like, the Bush Administration deserves cred- my Legislative Director, Chris Bradish, my ergy independence is critical. Peres stated, it for some of their efforts. military escort, Phil Skuta, Colonel, USMC, ‘‘Kill the oil, kill your enemies .... Oil pro- He stated that U.S. support of the Pales- and Dr. Ronald Smith, Captain, USN. duces pollution and craziness .... don’t tinian Authority has had a good impact in ISRAEL shoot at mosquitoes, dry the swamp.’’ Peres terms of helping them govern and provide I departed the United States on December advised us not to deal with Tehran until services and draw support away from Hamas. 25th and made a brief stop in London en after Iran’s May elections. I pressed him on how the money was being route to Israel. We arrived in Israel on the I have pushed for greater consideration of spent and was told it was going toward eco- evening of December 26th. This was my the Russian proposal to enrich Iran’s ura- nomic development projects and infrastruc- twenty-sixth visit to Israel since joining the nium. President Peres indicated that there is ture. As a result of the PA’s success in con- Senate in 1981. Almost exactly a year after a broader opportunity for the U.S. to engage trolling expenditures and obtaining more my previous visit to Israel, the domestic po- Russia. He indicated Russia is concerned revenue, they anticipate lowering their de- litical landscape had changed significantly. about American’s missile defense activities pendence on foreign assistance by 35 percent. Prime Minister Ehud Olmert tendered his in Europe and regional hegemony. He sug- He cited some of the efforts: reducing their resignation on September 21, 2008, and gen- gested using missile defense as an avenue to payroll from 190,000 to 150,000; improving rev- eral elections are set for February 10, 2009. turn the U.S.-Russian problem into coopera- enue collections such as utility bills; and in- One of the major questions being posed to tion against Iran. stalling prepaid meters, of which he noted the major parties is how best to approach Peres shared with me his views on future that the city of Janin is using 100 percent the peace process. economic issues and stated there will be five prepaid meters. A 6-month truce between Israel and Hamas great industries: energy, water, stem cells, He indicated that the private sector needs ended on December 19, 2008. United Nations homeland security and education. I asked to be enhanced, but that it would only be data showed that fewer rockets were fired at what Israel hoped for in the new U.S. Presi- possible when more mobility is permitted in Israeli towns in the initial few months fol- dent. Peres replied that he wanted him to be the West Bank. Fayyad stated that the Pal- lowing the onset of the truce on June 19, a great President for the United States. estinian Authority must be seen as com- 2008. The New York Times reported on De- On the afternoon of December 28th, I met petent and able to provide for their people. cember 19 that, ‘‘more than 300 rockets were with Prime Minister Ehud Olmert. I asked On Gaza, Fayyad indicated that the senti- fired into Israel in May [2008], 10 to 20 were Olmert where Israel and Syria stood on their ment is against Hamas because they know fired in July.... In August, 10 to 30 were proximity talks. He said they chose the this would happen if they continued to fired, and in September, 5 to 10.’’ However, as Turks as mediators because they are good li- launch rockets into Israel. Fayyad said he reported by The Washington Post on Decem- aisons who are trusted by both sides. Olmert was upbeat about the prospects for improv- ber 23, 2008, Israeli towns were faced with an said there had been four rounds in which the ing life and the situation for Palestinians. increasing barrage of fire as the truce neared issues to be discussed in a potential dialogue The Prime Minister told me that it is very its end: ‘‘[H]undreds of rockets and mortar were presented such as borders, terrorism important to deal with Syria and that it can- shells...have been fired at Israel in the and Iran. He said of Syrian President Asad, not be ignored if one is looking for tran- past month.’’ The day after my arrival, Israel launched ‘‘I know what he wants from me and he quility in the region. We discussed how Syria air strikes on Gaza in response to the rocket knows what I want from him.’’ hosts terrorist entities and acts as a conduit attacks by Hamas. He expressed disappointment that Syria for Hezbollah. He stated that this is a prob- The rockets launched from Gaza as well as did not provide clear signals that they were lem and that Iran was also a problem for the those from Hezbollah pose a major threat to willing to acknowledge what Israel wanted. region. He believes that Israel will not allow Israel’s security. To counter this threat, I It was his view that Syria was waiting for a Iran to obtain a nuclear weapons capability. have long supported full funding for the new U.S. President to assume office before He suggested engaging the Russians to make Arrow Anti-Missile System, the David’s seriously engaging. Nonetheless, he said he them a real partner in engaging Iran—some- Sling Weapon System, and the Counter Ter- was committed to carrying out the process. thing President Shimon Peres told me ear- rorism Technical Support Working Group. I asked the Prime Minister if Iran knows lier in the day. He said it is not effective for During my tenure, I have worked to secure how dangerous it is for them to obtain a the U.S. to yell at Iran. However, if others more than 80 billion for Israel, to include $1.4 military nuclear capability. He replied, such as Russia started getting Iran’s atten- billion for the Arrow Anti-Missile System. ‘‘Iran feels the weakness of America.’’ He tion, it may change Tehran’s calculus. On December 28th, I had a working break- suggested the U.S. apply more pressure on On December 29th I traveled to the Knesset fast with the U.S. Ambassador to Israel, Iran by ending business and commerce ex- to meet with Benjamin Netanyahu. Joining James Cunningham. It is worth noting that changes, particularly from the European us in the meeting was Yural Steinitz, a Ambassador Cunningham is a product of Al- Union. Olmert believes that there are plenty member of the defense and foreign affairs lentown, Pennsylvania. Ambassador of options between the extremes of doing committee, and Silvan Shalom, a former for- Cunningham’s prior posts, notably at the nothing and utilizing military force. On the eign minister. United Nations, provided him a broad experi- question of when to engage Tehran, Olmert’s On Hamas, Netanyahu stated it would be ence in dealing with many of the regional view differed from Peres’: ‘‘The sooner the very difficult to peacefully engage them as players. He briefed me on the situation in better.’’ their goal is to see Israel destroyed. I asked Gaza, the upcoming elections in Israel, Iran’s Following my meeting with the Prime what could be done to minimize civilian cas- influence in the region, and the prospects for Minister, I traveled to our consul general’s ualties in Gaza. He replied that Gaza should peace agreements with Syria and the Pal- residence for a briefing on Israeli-Pales- not host terrorists. He further stated that estinians. tinian relations and an update on the Gaza both Abu Mazen and President Mubarak said Following our meeting we departed for situation. The recent reports indicated there the Israeli action was the responsibility of Beit Hanassi to see President Shimon Peres. were 280 dead and 600 injured—a figure that Hamas. He updated me on the Gaza situation and would climb. He stated there were dem- On Syria, Netanyahu reminded me of when stated, ‘‘We didn’t do it with great pleasure. onstrations across the Arab world and clash- I carried a message from him to President We didn’t have any choice.’’ es in Hebron and the West Bank. Asad in 1996. There was a concern at the time I asked if negotiations on a peace agree- We discussed concerns over the potential about troop amassments on the border. I was ment could come to fruition with the Pales- for a humanitarian crisis in Gaza. The consul able to carry the message and according to tinian Authority with Hamas in the position general informed me that Israel had provided Netanyahu and Syrian Foreign Minister it is in. Peres believed it was possible. We 40 truckloads of humanitarian aid but a ces- Muallem, may have helped to prevent a mili- discussed the four outstanding issues that sation of attacks did not appear imminent. tary conflict. He expressed doubt about a po- need to be addressed to achieve an agree- We discussed the financing of Gazans who tential deal with Syria, citing the difficulty ment: security, borders, refugees and Jeru- rely on the UN, Palestinian Authority sala- of engaging them while they play host to salem. ries and Hamas to survive. terrorist entities and do not make any effort

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In October, Syria sentenced 12 just sanctions or diplomacy, but rather the been established and staffed with diplomats prominent ‘dissidents’ to 21⁄2 years for calling Libyan calculus that the U.S. and UK would and that they are deciding on whom to send for democratic reforms and an end to the attack. The threat of force, according to to lead the embassy. Baath Party’s monopoly on power. The so- them, was the critical factor. Their conclu- On Hamas and Hezbollah, Asad suggested called dissidents are part of the Damascus sion was clear: Iran will only give up its nu- that a comprehensive peace would resolve Declaration National Council and are among clear weapons aspirations if the threat of the issues associated with these organiza- Syria’s leading intellectuals and opposition military force is severe enough. tions. Despite reports to the contrary, Asad figures. Following my meeting at the Knesset we stated that Syria is not being used to funnel According to the U.S. State Department’s departed for Tel Aviv for our flight to Syria. weapons to these groups. March 2008 report on Syria’s human rights SYRIA On Iran, the President said that Iran is an practices: ‘‘Although the number of political We arrived in Damascus on the night of influential player in the region and one that prisoners and detainees remained difficult to December 29th and were met by Charge d’Af- has supported his efforts. This, combined determine due to a continuing lack of offi- faires Maura Connelly. This was my 18th with no support from the West, leaves him cial government information, various local visit to Syria. no option but to have positive relations with human rights groups estimated during the On December 30th, I received a briefing Tehran. However, he did indicate that Syria year that a total of somewhere between ap- from Charge Connelly prior to the day’s has told Iran that it does not support a mili- proximately 1,500 and 3,000 current political meetings. Later that morning, we traveled tary nuclear program in Iran should one be prisoners, including accused Islamists, re- to President Asad’s palace. active. mained in detention. Authorities refused to President Asad began the meeting by ex- On the nuclear question, I expressed my divulge information regarding numbers or pressing his concern with the situation in concern that the International Atomic En- names of people in detention on political or Gaza. I asked him if Hamas would ever ergy Agency, IAEA, has not had sufficient security-related charges.’’ change its policy or position towards Israel access to Iran and Syria. He responded by Since 2006 the government has tried some and Jews. Asad indicated that Khaled saying that Iran is ready for inspectors but new political detainees in criminal court, Mashaal, the head of Hamas who is located that the approach taken to engage Iran is and once convicted on political or security in Damascus, has said his group would ac- viewed a political game. He indicated Iran is related charges, they are treated like com- cept the 1967 borders and that constituted open to inspections but the west must recog- mon prisoners. The government did not per- recognition. Asad believes that Hamas has nize Iran’s right to enrich. Asad believed the mit regular access to political prisoners or changed, that Mashaal is a moderate within way to resolve this issue is through some detainees by local or international humani- Hamas and the best way to resolve border type of broad package. Nonetheless, you can- tarian organizations. Human rights groups issues is for the Palestinians to have a ref- not discuss the right to enrich with Iran, but reported that many political prisoners serv- erendum. you can discuss monitoring. ing long-term sentences remained in prison I told President Asad that Prime Minister After indicating that a nuclear Iran would after the expiration of their sentences. Olmert had said he would like to see the not be tolerable and that I would like to see Following my meeting with the President, time come when he could stay at the Four this matter resolved diplomatically, Foreign Foreign Minister Walid al Muallem hosted Seasons in Damascus. Asad responded that Minister Walid al Muallem told President me for a working lunch. The Foreign Min- going back to the pre-1967 border is the key Asad of my work during the 1990s to prevent ister discussed the situation in Gaza as he Olmert needs to access such a hotel room and resolve conflict between Israel and was preparing to depart the following day for and that, ‘‘the Golan is everything for us . . . Syria. a meeting of Arab countries. He indicated in every bargain, I put Golan first.’’ I again brought up the fate of the missing that 44 children and 80 women had been In May 2008, Israel and Syria announced in- Israeli soldiers: Gilad Shalit, Guy Hever and killed in Gaza as a result of Israel’s action. direct peace negotiations through Turkish Ron Arad. I reiterated my interest in seeing I raised the issue of foreign fighters tra- mediators. According to a June 25, 2008 arti- President Asad work to help secure the re- versing through Syria. The Foreign Minister cle by David Ignatius in The Washington lease of Gilad Shalit, who has been held in said that Syria used to cooperate with the Post, ‘‘The channel opened in the fall of 2006, Gaza since June 25, 2006, and in determining United States but that after the Hariri as- just after the summer war in Lebanon that the fate of Guy Hever, the Israeli soldier who sassination, and the souring of relations that had made both Damascus and Tel Aviv nerv- disappeared from the Golan Heights in Au- resulted, cooperation ceased. Muallem asked ous about the destabilizing role of Hezbollah, gust 1997, and Ron Arad, the Israeli Air why Syria should cooperate with the U.S. Iran’s proxy in Lebanon.’’ I was first told Force weapons systems officer whose plane when the U.S. sanctions Syria. He indicated about the secret talks in 2007 by officials in went down in 1986. In December 2007, I asked that Syria and Iraq have cooperated and the region. President Asad for his assistance in securing claimed that Syria had stopped 1,200 fight- He shared with me the Syrian view on the the release of Ehud Goldwasser and Eldad ers. proximity talks with Israel that have been Regev, two Israeli soldiers who were cap- I pressed the Minister on the arrests of facilitated by Turkey. He said that they tured by Hezbollah in July 2006. Regrettably, what are referred to as ‘‘dissidents.’’ He indi- were still at the stage of trying to get a set their bodies were returned to their families cated that they had contacts with Syria’s of principles in place which would allow for in July 2008. enemies and provoking action against the re- discussions but that the violence in Gaza As I told Gilad Shalit’s father in a meeting gime. would place this effort on hold. in Washington this past summer, I remain Muallem indicated he had just met with I expressed my concern about Syria’s in- committed to doing whatever I can to help Hamas leader Khaled Meshaal to discuss a volvement in Lebanon, the prospect of a nu- secure the return of captured Israeli soldiers possible ceasefire and if Hamas would stop clear Iran, the statements made by President or, where they have perished, to obtain their rocket attacks should Israel agree to a ces- Ahmadinejad regarding his desire to wipe remains. I have also requested the assistance sation of bombing. He said he had also been Israel off the map and the transshipment of of Egyptian President Hosni Mubarak. in contact with EU foreign ministers on the weapons through Syria to terrorist entities. I also followed up numerous letters I had matter. He indicated that Hamas’ morale is I told Asad that Damascus has a role in these written to Asad requesting he allow a prayer high given the 2006 war with Hezbollah, but issues and has the opportunity to act posi- to be said over the grave of Eli Cohen. He re- that Hamas and Islamic Jihad are willing to tively. jected the idea, claiming it would not be pos- consider a ceasefire. On Lebanon, Asad said they had a positive sible given that Cohen was hanged as a spy I pressed him on the possibility of a peace role in supporting the formation and func- and that Israel remained a Syrian enemy. agreement with Israel. He expressed, as he tioning of a government. According to an Oc- Following my meeting with the president, has in the past, that the issues on both sides tober 15, 2008 PBS report, ‘‘In August [2008], I was scheduled to meet with various social are understood. However, the bombing in Lebanese President Michel Suleiman made and civic leaders. In prior visits, and as re- Gaza has made it so Syria ‘‘cannot jump to an official visit to Damascus, where he and cently as last year, I had the opportunity to peace with Israel.’’ I asked what could be Asad agreed to solidify ties and demarcate meet with these leaders. However, I was not done to move the process forward. He replied their contentious border.’’ We discussed the able to during this visit as it has become in- that each side must respect the interests of October 15, 2008 agreement signed by Syrian creasingly difficult for Syrians to meet with one another and that dialogue is needed. Foreign Minister Walid al-Mouallem and his westerners for fear of retaliation. It is trou- On Iran, Muallem stated that Iran has the Lebanese counterpart, Fawzi Salloukh, bling that one year ago, I was able to have a right to enrich, and that the world needs to which formalized diplomatic ties between dinner with Syrian citizens and have a meet- acknowledge that, but that Syria does not Syria and Lebanon for the first time since ing with Riad Seif, and twelve months later, approve of Iran having a nuclear weapon. He

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 523 stated that the U.S. missed opportunities Ambassador Schulte updated me on the We departed Austria the following morning when Rafsanjani and Khatami were in power. IAEA’s efforts on Iran and their reported for Belgium. AUSTRIA pursuit of a military nuclear capability. He BELGIUM We departed Damascus on December 31st expressed the mission’s desire to have Iran We landed in Brussels, Belgium on January for Vienna, Austria. The United States has respond to directives provided by both the 2nd. I hosted a meeting with Charge Kate three missions in Vienna: the bilateral mis- U.N. Security Council and the IAEA to sus- Byrnes and Defense Advisor Randy Hoag. sion to the Republic of Austria, the mission pend enrichment activities and allow inspec- They briefed me on the major issues we are to the Organization for Security and Co- tions. working with NATO: Afghanistan, reinvigo- operation in Europe (OSCE) and the mission We discussed how Iran’s failure to declare rating the alliance, dealing with Georgia and to the United Nations. During my stop in Vi- its facility at Natanz has created a signifi- Ukraine, the Balkans and emerging security enna, I called on all three U.S. Ambassadors cant trust deficit not only in the United threats such as cyber attacks and piracy. stationed in Vienna. States, but internationally. The facility, Burden-sharing remains a concern as it After arriving in Vienna, Ambassador combined with the revelation that Iran had was when I began visiting NATO in the 1980s. David Girard-diCarlo hosted me for dinner. outside assistance from the A.Q. Khan net- During my first visit to NATO in 1981, 3 per- He briefed me on the mission’s dealings with work, which it previously denied, has com- cent GDP spending on defense was the goal the Austrian government and some of the pounded the problem. Ambassador Schulte for all member countries. Today, only five views and issues of broader Europe. We dis- stated that by violating the Non Prolifera- nations spend more than 2 percent: the cussed how the financial crises has impacted tion Treaty, Iran has given up its rights United States, the United Kingdom, France, Europe as well as the United States. I shared under the treaty. He further stated that Greece and Turkey. This is a concern not with Ambassador Girard-diCarlo my recent Iran’s claims that their efforts are geared to- only from the standpoint of the Alliance’s trip to Damascus and Israel and efforts to wards civilian purposes do not make sense health and ability to address issues, but also have the United States more aggressively en- from an economic or infrastructure capa- from the perspective that some are carrying gage in the peace process in the region. bility perspective. more weight than others. I have known Ambassador Girard-diCarlo He was very interested in my recent stop The only time Article V has been invoked for many years. David is a graduate of St. in Damascus and my dialogue with Syrian was following the September 11, 2001 attacks Joseph’s University and Villanova Univer- officials during my tenure. Ambassador on the United States. NATO declared that sity School of Law. He served at Blank Rome Schulte briefed me on the IAEA’s response this attack was indeed an attack on the alli- LLP for 16 years as managing partner and after the reported attack on Syrian infra- ance. Today, there are currently 70,000 CEO prior to becoming chairman in 2000, and structure. He said Syria still denies the facil- troops in Afghanistan—51,000 are part of the he also served as chairman and CEO of Blank ity was of a nuclear nature, but that the NATO-led International Security Assistance Rome Government Relations LLC, IAEA inspectors believe it was. He expressed Force, ISAF. The U.S. provides 20,000 to headquartered in Washington, DC. concern that the international community ISAF. There are concerns that some NATO Ambassador Girard-diCarlo was Pennsyl- must ensure that Syria, and other actors, members are only providing civil or peace- vania Governor Richard L. Thornburgh’s ap- know that this type of behavior will not be keeping support for Afghanistan and are lim- pointee to the Board of Directors of the tolerated and not forgotten. Ambassador iting what their militaries are permitted to Southeastern Pennsylvania Transportation Schulte revealed that Syria’s tactics in re- do. Authority, SEPTA, from 1979–1982 and served sponding to the IAEA have a stark resem- We discussed the NATO-Russia relation- as its chairman of the board. In 1981, he was blance to the response Iran has shown. ship with a focus on how expansion and mis- elected as chairman of the American Public On the evening of January 1st, I spoke with sile defense impact the relationship between Transit Association, APTA, for a 1-year IAEA Director General Mohammed El- NATO and Russia as well as the U.S. and term. Ambassador Girard-diCarlo was ap- Baradei, who I visited last year in Vienna. Russia. I was told that some member coun- pointed by former President George Bush in He updated me on his efforts on Iran and tries view missile defense as provocative and 1990 to serve as a member of the board of the briefed me on the situation vis-a` -vis Syria. as the alliance progresses that is something National Railroad Passenger Corporation, We discussed how the U.S. and the Inter- that will have to be considered. I was briefed AMTRAK, a position he held until 1993. national Community may better address on NATO missile defense as well as U.S. mis- In addition to Ambassador Girard-diCarlo’s Iran and resolve the nuclear issue. sile defense in Europe and the future of mis- professional responsibilities, his experience While in Vienna, I hosted a meeting with sile defense on the continent. over the past 3 decades involved his active Ambassador Julie Finley, the U.S. represent- I was told that NATO still has an open participation in the business and cultural or- ative to the OSCE. door policy, codified in Article X of the char- ganizations within the communities in which The OSCE is a major forum for issues of ter, which states a nation may appeal for he lived and worked. He served in leadership peace, security and human rights in Europe membership provided it meets the require- positions at the Greater Philadelphia Cham- and Central Asia. A legacy of the historic ments and shares NATO values. I was briefed ber of Commerce, the Philadelphia Orchestra 1975 Helsinki accords, it is the only fully in- on the expansion opportunities with Albania and Academy of Music, the Walnut Street clusive trans-Atlantic/European/Eurasian po- and Croatia and the potential for nations Theatre, The John F. Kennedy Center for the litical organization. Every state from An- such as Georgia, Serbia, Macedonia and Performing Arts, and the Arizona Heart dorra to Kyrgyzstan is represented among its Ukraine to join the alliance. There is consid- Foundation—to mention a few. In 1999, he re- 56 participating States. Over more than 30 erable fatigue in Europe over expansion— ceived the Judge Learned Hand Human Rela- years, commitments to democracy, rule of both at the NATO and EU level. While NATO tions Award from the American Jewish Com- law, human rights, tolerance, pluralism and has 26 members and the EU has 27, only 18 mittee. He served on the board of Villanova media freedoms were hammered out at the members are party to both structures. There University School of Law, from which he re- OSCE and its predecessor mechanisms—and are some EU countries which, while not ceived the Gerald Abraham Award for Distin- agreed to by all the participating states. party to NATO, do support the alliance and guished Service in 2003. Also in 2003, Pope Ambassador Finley briefed me on her view its efforts—namely Sweden, Finland, Ireland John Paul II conferred upon him the Pontif- of the Georgian-Russian conflict earlier this and Austria. ical Honor of Knight of the Order of St. year. She indicated that the OSCE has had a We then had the opportunity to discuss the Gregory the Great for his work with Busi- mission in the region since 1992 to aid civil U.S.-Belgian bilateral relationship with Rob- ness Leaders Organized for Catholic Schools. society, enhance education and address envi- ert Kiene, our First Secretary to the mis- Established as an independent organization ronmental issues. sion. He said the relationship has improved under the United Nations in 1957, the Inter- Ambassador Finley and I discussed the bi- since 2003 when the U.S. took military action national Atomic Energy Agency represents lateral relationship between the U.S. and against Iraq. the realization of President Dwight Eisen- Russia and how organizations like the OSCE When we left Washington, D.C., Yves hower’s ‘‘Atoms for Peace’’ speech to the can better be used to address regional and Leterme was the Prime Minister. When we U.N. General Assembly in 1953. President Ei- international matters. As relations between landed in Belgium it was Herman Van senhower proposed the creation of an inter- the U.S. and Russia are increasingly Rompuy. On our day of arrival, Van Rompuy national body to control and promote the strained, Ambassador Finley pointed out received backing from the parliament by a use of atomic energy. Today, the IAEA is at that the OSCE could be a forum to positively vote of 88 to 45. Belgium like so many other the center of the ongoing standoff with Iran engage Russia as this is the only regional se- nations is facing an economic crisis to in- over its nuclear program. curity organization in which Russia is a full clude recession and bank disintegration. On January 1, 2008, I met with Ambassador and equal member. Mr. Kiene discussed the recent political Schulte, the United States Permanent Rep- We discussed U.S. policy more broadly and changes that occurred in Belgium. He in- resentative to the United Nations Office in how diplomacy could be enhanced to pursue formed us that Belgium, while under the 2 Vienna, the International Atomic Energy positive outcomes. Ambassador Finley con- percent GDP spending NATO goal, is very Agency, and other international organiza- firmed my belief that dialogue is critical to keen on enhancing their ability to con- tions in Vienna. addressing the challenges we face. tribute to the alliance. We discussed how

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 524 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 Section 1206 ‘‘Global Train and Equip’’ funds We discussed the proposal of an additional was long a strong ally of Israel, the bilateral could be used to reward and encourage Bel- 20,000 troops being deployed to support ef- relationship has soured since the Oslo Ac- gium as well as enhance forces outside forts in Afghanistan, but General Craddock cords. NATO. indicated that these forces are contingent The following morning I met with Benson Belgium played a key role in helping to ob- upon forces being drawn down in Iraq. This is Whitney, the U.S. Ambassador to Norway. tain an EU-wide agreement on arrest war- also true for allies, such as the UK, who may We discussed our bilateral relationship, U.S. rants and in facilitating extradition of ter- be adding troops to Afghanistan. foreign policy, and our bilateral relationship rorist suspects. A Brussels trial of al-Qaeda- General Craddock made it clear that the with Russia and its impact globally. related defendants ended in September 2003 military cannot ‘‘win’’ Afghanistan. Rather, Following the meeting we departed for Ice- with sentences for 18 of the 23 accused, with it can provide the right security conditions land. another 2004 terrorist-related trial resulting for a civil government to stand up. The gov- ICELAND in eight more guilty verdicts. Belgium oper- ernment in Afghanistan needs to remove cor- On January 4, 2009, we arrived in Rey- ates within UN and EU frameworks con- ruption, establish reliable police forces capa- kjavik, Iceland, where we were met by Neil cerning the freezing of terrorist assets, but ble of providing public safety, create jobs Klopfenstein, our Deputy Chief of Mission. has yet to develop a domestic legal frame- and provide services such as clean drinking The following morning I met with Prime work to act independently. In support of Op- water. He predicted that a presence will be Minister Geir Haarde. Prime Minister eration Enduring Freedom, Belgium contrib- needed in Afghanistan for the next 30–40 Haarde graduated from Brandeis University uted a navy frigate in the Mediterranean, years. and earned two master’s degrees from Johns Airborne Warning and Control (AWAC) crews On Iran, General Craddock stated that Iran Hopkins University. We discussed a broad for surveillance flights over the United does not want to see the Taliban come back range of topics: Energy; the recent financial States, as well as aircraft for humanitarian to power, but that they do desire the U.S. to crisis and its impacts on the U.S. and Ice- assistance to Afghanistan. Since 2002, Bel- remain tied down in the region. Iran’s east- land; the situation in Afghanistan; and our gium has contributed ground troops to the ern border with Afghanistan remains a major relations with Russia. International Security Assistance Force, transshipment point for drugs, weapons and Following the collapse of Iceland’s three ISAF, the UN Security council sanctioned oil. main banks in October 2008, Iceland was cast peacekeeping mission in Afghanistan. Bel- General Craddock is dual hatted in Brus- into financial turmoil. A December 13, 2008 gium currently has 420 troops assigned to the sels, as he heads NATO and the U.S. Euro- article in The Economist makes clear the ISAF. pean Command. On the latter, he presented magnitude of the problem: ‘‘[T]he scale of Mr. Kiene discussed the efforts of the Bel- three challenges moving forward: (1) Con- gian government to combat terrorism. On what confronts . . . Icelanders is only just vincing allies to better assist and engage in becoming clear. According to the [Inter- December 11, 2008, Belgian authorities ar- regional and international problems; (2) de- rested 14 people suspected of Al Qaeda links. national Monetary Fund], the failure of the fine a national strategy vis-a` -vis Russia; and banks may cost taxpayers more than 80 per- The following day, six of the individuals (3) resolve European missile defense issues. were charged with membership in a terrorist cent of GDP. Relative to the economy’s size, group. The remaining eight were released NORWAY that would be about 20 times what the Swed- due to insufficient evidence. As reported by On January 3rd, we arrive in Oslo, Norway. ish Government paid to rescue its banks in the Christian Science Monitor, ‘‘According The last time I visited Norway was in 1994 the early 1990s. It would be several times the to Belgian federal officials, at least some of during a meeting of the North Atlantic As- cost of Japan’s banking crisis a decade ago.’’ the detained suspects had traveled to the sembly. This time, I met with representa- According to the IMF, Iceland’s GDP is ex- Pakistan-Afghanistan border for training tives from our mission, Deputy Chief of Mis- pected to contract by nearly 10 percent in and were said to have been affiliated with sion Kevin Johnson and defense attache´ Don calendar year 2009. ‘‘important people’’ in Al Qaeda.’’ According Kepley. The Prime Minister was practical in terms to a December 12, 2008 Associated Press arti- I was briefed on the U.S.-Norwegian rela- of the outlook for 2009 but was optimistic cle, the six charged included one who may tionship and some of the difficulties we have that Iceland would see a turnaround in 2010. have been plotting a suicide attack. While had this decade over foreign policy disputes, He indicated that Iceland has agreed to fi- Belgium faced with terrorism issues at such as Iraq and our approach to Afghani- nancing from the International Monetary home, it is also contributing to NATO efforts stan. I was briefed on the status of Norway’s Fund. The Prime Minister and I shared what in Afghanistan. decision to buy Lockheed Martin F–35 Joint each of our respective countries were looking On the afternoon of January 2nd, I hosted Strike Fighters and the current political sit- to do in the form of economic stimulus. General Craddock, Commander of the United uation in the country. Norway, like the U.S., Prime Minister Haarde thanked me for my States European Command. We discussed Af- has a significant global presence and has a work on the judiciary committee and our ef- ghanistan, the NATO-Russian dynamic, history of being active on many foreign pol- forts to ensure businessmen have visas which NATO expansion, the EU–NATO relationship, icy fronts from Middle East peace to Sri permit them the freedom to work and meet Kosovo, AFRICOM, and missile defense, Lanka. in the United States. Citing his personal ex- among other topics. Norway is a member of NATO and is con- perience during his 6 years as a student in General Craddock reported that the gov- tributing to the mission in Afghanistan. the United States, Prime Minister Haarde ernment and civil society in Afghanistan They currently have 500 troops deployed asked that we do more to ensure those who have not come along fast enough to support which, while not large by number, is signifi- wish to study in the U.S. have the oppor- and rule the people of Afghanistan. He cant given their population. In addition to tunity. I concurred and feel that it is in our briefed me on the challenges, from criminal military support, Norway has contributed interest to have foreigners, and potential fu- to insurgency to corruption, faced in the var- senior diplomats and significant aid to assist ture foreign leaders, spend time and be edu- ious regions of Afghanistan. We discussed in the building of Afghanistan. cated in the United States. how the money from narcotics are fueling We discussed the Norwegian Government’s We returned to the United States on Janu- those opposed to the U.S. and coalition plans to fight the global economic crisis. ary 5, 2009. forces. General Craddock cited a UN report While its large sovereign wealth fund lost a Mr. SPECTER. Mr. President, I know which indicates as much as $500 million in significant amount of money in the stock Senator COBURN is near the floor and revenue from the drug trade is supporting market, especially after the fall of Lehman should be appearing shortly. But until those opposed to our objectives. Brothers, Norway is expected to do better he does, I suggest the absence of a General Craddock confirmed the reports than other Nordic and European nations dur- that fighters are moving back and forth be- ing the economic downturn. Norway, which quorum. tween Afghanistan and Pakistan and that the CIA estimates has the world’s 21st larg- The PRESIDING OFFICER. The the FATA region in Pakistan is hosting our est oil reserves, will tap into some of its clerk will call the roll. enemies. General Craddock indicated that if saved oil wealth to provide the country with The legislative clerk proceeded to tensions between India and Pakistan flare an economic stimulus. Norwegian Prime call the roll. up, especially as a result of the recent bomb- Minister Jens Stoltenberg said on December Mr. COBURN. Mr. President, I ask ing, Pakistan may pull resources from their 19, 2008 that the stimulus package, ‘‘will in- unanimous consent that the order for Western border to engage India to the east. clude an ever greater increase in funding for the quorum call be rescinded. He estimates that Pakistan would need public works and construction, and mainte- The PRESIDING OFFICER. Without 50,000–100,000 additional troops on their west- nance.’’ objection, it is so ordered. ern border to improve the ability to engage On the day of my arrival, a protest of an enemies in the FATA region. Further, he estimated 1,000 Norwegians was occurring in Mr. COBURN. Mr. President, I ask stated that whatever forces Pakistan uses in front of Parliament and the Israeli embassy. unanimous consent that I be recog- the west, they must remain there and hold The protestors, who had a similar gathering nized for what time I might consume. the territory and prevent it from being re- last week, were expressing their opposition The PRESIDING OFFICER. Without ceded to combatants. to Israel’s actions in Gaza. While Norway objection, it is so ordered.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 525 The Senator from Oklahoma is recog- The opportunity to offer amendments and limitation on amendments are nized. on that has been foreclosed. most often very easily obtained. Mr. COBURN. Mr. President, we had So I thought, in light of what this So the fact is we find ourselves on a an interesting day yesterday. We bill is and in light of what President $12 billion bill that has lots of good brought a lot of people to work, I be- Obama said he would like to see us do, things in it and has lots of mediocre lieve unnecessarily, to adopt a motion that I would highlight some of the things that probably would be a pri- to proceed that we could have voted on amendments I would have offered had ority if we didn’t find ourselves with a today. the minority, the Republican Party, $1.8 trillion deficit this year and get- I want to spend some time today out- the Republican Members of the Senate, ting ready to pass an $800 billion stim- lining what our new, soon to be Presi- been given an opportunity to amend ulus package that is about $2,700 per dent, President-elect Obama, said dur- this bill. man, woman, and child in this country, ing his campaign and what he said to The best tradition of the Senate—the or about $10,000 per family, none of me personally several times about how best tradition of the Senate—is where which is going to be paid for—none of we fix what is wrong with our country. the best ideas get debated, the back which is going to be paid for. It will ul- If you go to his Web site or what his and forth goes on, and then we settle timately be paid for, and here is how it transition team has said, what you will on what is almost always a com- will be paid for. When we look toward find are some very significant things promise but a compromise that is thor- our grandchildren, what we are going that both he and I have worked on over oughly debated and where an indi- to find is that not so many of them get the past 4 years. vidual Senator has to put their stamp to go to college because they will not He has a plan. It is called the Obama of yea or nay on ideas to either make be able to afford to. When we look to- plan for restoring fiscal discipline. It is it better or not. That is not available ward them owning a home, regardless a good plan. What does it include? It in this bill. As a matter of fact, it of the housing crisis we find ourselves includes conducting an exhaustive line- hasn’t been available for 124 days. It in now, 30 years from now the ability by-line review of Federal spending and has been available once to Republican to earn an income big enough to be eliminating Government programs that Members of the Senate in 184 days. able to afford a mortgage is going to be are not performing or are wasteful or So if we are to accomplish, or at limited because we have been poor are obsolete or are duplicative, paying least move in the direction that our stewards with their taxpayer money. for new spending commitments—new soon-to-be President would like for us So we will have shackled our grand- spending commitments—by cutting to, one of the things that is going to be children. other programs—let me say that required for that is taking tough votes. So let me spend a minute talking again—paying for new spending com- The idea we don’t want our Members to about eliminating wasteful programs, mitments by cutting other programs, have to take tough votes is the height or things that are not a priority, and slashing porkbarrel spending, rooting of inside political baseball and it go over a couple of the amendments we out redundancy, and requiring all Fed- wreaks of a lack of courage. As a Sen- were going to offer simply to point out eral contracts over $25,000, including ator from Oklahoma, if I can’t go home that we are doing the opposite of what earmarks, to be competitively bid, to and defend my votes in a cogent and I believe the intent of our new Presi- truly measure program performance reasonable manner, I shouldn’t be sent dent is going to be. I might also add, it without ideologic slant, and enforcing back up here. That is all there is to it. wasn’t that long ago that all of us were goals and demanding that new initia- If Oklahoma citizens believe I have not paying $4 for a gallon of gasoline. tives be selected on the basis of merit, stood on the principles of which I told There is no question in my mind that a not a political process that rewards them I would try to represent them in good portion of that price was because lobbyists and campaign donors and this body, they should not send me of speculation of the very rich in this makes Members of Congress just look back to the Senate. But to not have country asking the very poor to pay good at home. That is President-elect Obama. I the votes in the first place, so we don’t out of their disposable income while don’t know anybody outside of Wash- have to defend anything, goes against they made millions upon billions of ington who would not embrace that not just the culture of the Senate but dollars manipulating the futures mar- message. That is a great message for it goes against the very courage that kets. But nevertheless, in this bill, we our country. It is a message that our this whole country was based upon and are putting a patch over our eye and country needs to heed. It is one that we that is the freedom to express and limiting our ability in the future to in- need to accomplish. Unfortunately, the work and try to accomplish what you crease our energy independence by tak- first week we are back in session, we think is best for the country in the ing millions of acres of land and for- are doing exactly the opposite. Here we long run. ever closing them to any source of en- have President-elect Obama who next One of the great qualities of our ergy. It would not matter what any week will become President Obama, country is this freedom to get out and new technology might be, and it would and one of his main goals we are work- express. Until recently, that freedom not matter if we could do it totally ing to undermine in the Senate today. has been available in the Senate. But without any environmental impact, we I am going to be an ally of the Presi- this didn’t start with HARRY REID. It are closing that completely off. dent-elect on these issues. Every oppor- goes all the way back to George Mitch- That set aside, one of the amend- tunity when we are not doing what he ell and Trent Lott and Bill Frist. It has ments we were going to offer in this suggested we be doing, I am going to be been perfected under our current ma- bill was to strike $3.5 million to go to raising questions about it. We are jority leader. My thought would be the city of St. Augustine, FL. Now, you going to work hard for the hope and that maybe we ought to take the hard might ask, what for? Well, they are change he promised the American peo- votes rather than ruin the institution. going to have a birthday party in 6 ple he would deliver. Maybe we ought to do what the Amer- years to recognize the 450th year of St. We have before us a lands package. It ican people would expect us to do. Augustine’s existence, the longest Co- is not really a lands package. It has all Now, my intent has never been, in all lonial outpost on this continent. I sorts of stuff in it—165 bills. Initially, my proceedings on the floor, to extend would say maybe that might be a St. it spends $1 billion, but that is not even debate. I mean, I think I could accom- Augustine, FL, responsibility or maybe honest because after 10 years it spends plish a filibuster if I wanted to do that. the State of Florida, but when we are $2 billion to $3 billion more on one pro- Having delivered 4,000 babies, I know running a deficit in this country of gram alone. CBO has not even scored how to stay up all night. My goal is to $20,000 per family per year, it seems lu- this new package. The last package have the opportunity to do amend- dicrous to me that we would send $3.5 they scored, if appropriated, would be ments and to have a vote on them. As million for a party. How does that set $8 billion. So we have $10 billion to $12 most people know, agreements to time with priorities? How does that set with billion in new spending. on amendments are easily obtained, eliminating wasteful spending? It

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 526 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 doesn’t. Yet it is in here, and we don’t or 6, with less than an hour debate on opportunity to amend it. But if I get no have the opportunity to try to take it each one of them. We could have been opportunity to amend it, I will delay out. finished with this bill. We could have everything because the lack of an op- There is $12 million in the bill to accomplished it last Thursday or Fri- portunity to amend says that over half build a new facility in Maryland for or- day. But because we don’t want to have of the people in this country, the 160 chids for the Smithsonian. We may to take tough votes or we want to pro- million who are represented by my side need to do that, but we certainly don’t tect a Member from a vote on some of the aisle, have no voice in the mat- need to do that right now. That is a piece of pork that was put in a bill, we ter. It says, if we don’t get it, our voice luxury item. Every family in this coun- have decided to have no votes, no de- doesn’t count. try today is making a reassessment be- bate on any amendment will be the I look forward with great hope to the cause everybody is afraid, and they are standard for this body. It is not a good leadership we are going to see at the going through their budgets and say- day for the Senate. More importantly, other end of 1600 Pennsylvania Avenue. ing: What is necessary? What is excess? it is a terrible day for this country be- My prayer is that the leadership in this What can we do without? Should we be cause we are saying that, even though body can come up to the same level of putting money away in case X hap- we have great hope and promise of character and courage that I believe we pens? Everybody in the country is change by an incoming President, his will see demonstrated at the other end doing that except the Congress. So here own party is going to step on that—the of Pennsylvania Avenue. we have a new orchid building, costing careerists, the people who think politi- I yield the floor and suggest the ab- $12 or $14 million, I don’t remember ex- cally only, the people who think short sence of a quorum. actly which, that we are going to put term only about political gain, instead The PRESIDING OFFICER. The in this bill, and we are going to say of thinking about what is in the best clerk will call the roll. this is a priority. long-term interests of our country. The legislative clerk proceeded to Now, some will say: Well, we might It is interesting to know we have 108 call the roll. not appropriate it. We appropriate $300 million acres of wilderness in this Mr. SESSIONS. Madam President, I billion a year for things that are not country right now—more than any- ask unanimous consent that the order authorized anyway, and most of those where else in the world. That number for the quorum call be rescinded. things are not priority as well. But the is actually greater than the amount of The PRESIDING OFFICER (Ms. fact is, it is a clue to the American developed land we have in this country, STABENOW). Without objection, it is so public that we don’t get it; that in this which is 106 million acres. It is also in- ordered. time of significant economic downturn, teresting to know the Government al- TARP in this time of significant debt laying ready owns 653 million acres, and we Mr. SESSIONS. Mr. President, I ap- on to the next generations, we con- are going to take, at a minimum, an- preciate the opportunity of sharing tinue to want to do things the average other 2.2 million acres and totally wall some thoughts this afternoon. We are person of common sense would say: it off—can’t ride a dirt bike through it, going to be moving forward, presum- How can that be a priority? Well, it minimal access, can’t hunt on it, can’t ably even this week, with the second can’t. do the things you have always done. If tranche. That is the second portion of There is $5 million in here for new you happen to be unfortunate enough $350 billion of the Wall Street bailout, botanical gardens in Hawaii and Flor- to have property next to it, you fall the TARP money. ida. I don’t doubt that could be a great peril to having the National Park Serv- And we will have that coming up, and thing that we could do. No. 1, I would ice fund organizations that are going there will be an attempt to move that ask the question again: Why isn’t that to take your property rights away, to through. I have believed from the be- a State responsibility instead of a Fed- limit your ability on the land you have ginning that it was unwise for this eral responsibility? If the State of that is abutting these areas. Congress to allow one individual, the Florida and the State of Hawaii think As we come into next week, we ap- Secretary of Treasury, to disburse $700 that is a priority, they ought to fund proach the celebration of a very great billion. The way this is set up, and it. No. 2, if it is our priority, if it is our milestone in our country, something even with the way the votes might responsibility, is that something we that speaks volumes about the Amer- occur in Congress, is very troubling. should be funding now; that we should ican system: the installment and The whole $700 billion will be spent by be authorizing; we should be saying it swearing in of the first African-Amer- the two Secretaries of Treasury, with- is okay to do this? ican President, one who leads on these out any real accountability, without We are in perilous times. Yet we act issues while we in the Senate say we any real responsibility. like nothing is going on out there; that are going to keep doing it the way we I think Congress is beginning to see the average family isn’t getting hit have been doing it regardless of the the lack of wisdom that we displayed, hard, that people aren’t worried about tremendous hope that he brought to the lack of fidelity to the responsibil- their jobs; that 573,000 people didn’t the American people, the hope for ities of the Senate, when we passed lose their jobs last month. That is how change, that we would operate dif- that bill with so little control. We do we are behaving. ferently. We hope he will lead a Gov- not even know where the money is One of the other amendments we ernment that operates differently—and going, and whether Secretary Paulson, would have offered is to prohibit the I believe he will try. He is a very dear who is a Wall Street guru, is moving use of eminent domain both in the na- friend of mine. I believe he is going to money around among friends for tional trails, the wilderness areas, the try to do that as here we sit in the Sen- friendship reasons, or meritorious rea- new heritage areas, and the new na- ate, worrying about the political con- sons, or even if he can tell in this rush- tional parks area. It is one thing for sequences of taking a few votes on rush effort to put out money, who is the Government to have its land; it is amendments because we might not deserving and who is not deserving. It totally different for it, through the look good enough at home. is not being done in an open and trans- force of law, to take your land away Talk about the lack of courage; talk parent way. from you and tell you what they are about the decline that will be mani- It is an indication and further proof going to do with it. There is minimal fested in our country if we continue to that we in the Senate and the Congress prohibition in this bill for the protec- have leadership that operates on the were not rigorous enough when we tion of property rights in this coun- basis of fear instead of courage. passed it. I would add one more thing try—a fundamental freedom guaran- My challenge and my hope is that about that. It is something we ought teed to every American. This bill steps this is the last time we are going to see not to forget. I hoped not to bring it all over those property rights. this tactic brought forward in the Sen- up, but Secretary Paulson announced We offered a total of 13 amendments, ate. My pledge to the majority leader that he was going to buy toxic mort- and we would have probably accepted 5 is I will not delay anything if I get an gages, bad mortgages from banks, in

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 527 order to get those off their books. He There are some things I am prepared check. I think there is a general con- said that most of them would be good to discuss and see if we can agree on. I sensus now that the plan that was sold and eventually they could be sold for a know President-elect Obama feels very to Congress as a stimulus for the econ- profit and the taxpayers would not lose strongly about this. He has been out omy did not have the desired effect. any money, and that would be the way campaigning, and he made promises to I wish it were not so. I wish it had. I we would do this. do all he could to recover this econ- would point out that I did not think at Well, within a week—and he was spe- omy. He intends to do something, and the time that it would work. I did not cifically asked at one hearing if he he promised to do something. He is vote for it. There were not many of us thought we should buy stock in private going to do something. who did not vote for it, but I was one banks, and he said, no. Within a week Now, President Bush has already of the few. But it did not work, in my or so, he had already changed his mind done some things that I also did not opinion. It cost $168 billion. Every on that. Instead of buying toxic mort- approve of. Doing something can be penny of that $168 billion, since we gages, he was now going to buy stock good. But doing something may not be were in a deficit and it was new spend- in private American companies. And, so good if you do the wrong things. So ing on top of what we planned to spend, in fact, he has now spent over $100 bil- I am aware that the new administra- and we knew we were there, is a deficit lion in one company, AIG, the insur- tion wants our country to prosper, and added to the deficit. As a result, it ba- ance company. so do I. If there are reasonable, com- sically, in one piece of legislation, dou- AIG is competing with other Amer- monsense steps we can take to do that, bled the annual deficit last year. ican companies. How should they feel, I I say let us do so without delay. Then we had some more spending ask you, that the U.S. Government is But I want to share some thoughts that went on later on in the year. I will now providing $100 billion-plus to their with you about the fundamental truths show this chart in a minute that sort competitors? What about the banks that I think all of us in this country of dramatizes where we are. who did things right and were cautious know, and especially the area where I So I would say both parties have and managed their money well? How come from. One of them is that there is some fingerprints on some policies that should they feel about the Government no free lunch. Nobody can get a lunch have not been very helpful. We did not injecting capital into their competitors and say someone did not have to work ask enough tough questions when by buying stock? to put it on the table. There is nothing President Bush proposed his agenda, And what about those of us who are and we also did not ask enough ques- free. When something is given, some- not of the socialist bend? What should tions when they passed the $700 billion body pays for it. we think about the idea of the U.S. There is another thing that is a tru- bailout in October, in my opinion. I Government buying stock in a mul- ism: one way or the other, debts have hope we do not make the mistake titude of banks, at tens of billions of again of rushing to approve the second to be repaid. dollars, and now buying and investing You say: Well, you know, sometimes phase of that along with this $800 bil- in automobile companies? Someone people go bankrupt, you do not get lion stimulus package. said the newspapers are next. Well, I We need to ask the right questions. paid back. But the whole system is guess they are in trouble. They are not We should not be intimidated by it. We damaged when debts are not paid back. doing well financially. They can write should not be panicked. The bill does The next guy may have to pay higher a lot of editorials. I mean, maybe we not have to be passed in 1 day, or else interest rates because his neighbor did ought to make them happy and give the country is going to be permanently not pay his debts and the bank lost them money. What I am saying is, damaged. We need to try to improve money and the bank has got to charge where does it end? the economy without wasting money Out of that background, I want to higher interest rates to account for or creating long-term problems for the have a little discussion of the possi- that higher risk. Nation. bility of a stimulus bill that would add So there are costs out there, and So there is this effort to continue some $800 billion to the current level of nothing is free in this country. I wish what Secretary Paulson promoted, a deficit spending we already have. $800 to focus on this question first. What is rhetoric that says we have got to do billion. the best thing we can do for America in something and we have got to do it in There is no doubt that our economy the long run? What should we, the re- a hurry. We have got to do it now. We is not performing well. We know that sponsible Senate, where we’re supposed are still hearing that. Well, I think we economies historically are cyclical; to be the saucer that cools, what don’t need to be afraid to say, let’s they go through good times and bad should we do and how should we ap- slow this down a little bit. times. They normally respond. We are proach this issue? When something of such historic pro- clearly going through a very difficult Let’s be frank. The stimulus bill, the portions is on the table, a bill of this recessionary period. The unemploy- recovery bill as some are calling it magnitude, the Senate has a responsi- ment rate is increasing, and businesses now, may well provide some stimulus bility to carefully scrutinize it and to are struggling. We had a hearing before to the country. I am not sure. But I insist on accountability and responsi- the Budget Committee last Thursday. would say this: at its face, it is a bility of every single dime. That is why The Director of the Congressional spending bill. It spends money in order we exist. That is why taxpayers send us Budget Office testified, and he pre- to create projects that might create here. Someone has to ask the tough dicted that this would be a 2-year re- jobs, and this is the theory behind the questions. I do not want to dampen cession. Someone later asked him: effort to stimulate the economy. anybody’s spirits. We have a wonderful Well, did that include the stimulus We spend the money to try to create new President. He has a positive atti- package? And he said, no. jobs. So it relies on the theory that tude. He is proposing a lot of things Well, would the stimulus package ramping up government spending will and nobody wants to ask a lot of grim help? Spending another $800 billion, flood the country with money, $800 bil- questions. would that help? He said: Well, it lion worth, acting like a booster shot I am going to ask a few, though, be- might. That is a little less than a ring- for a sick economy. cause it is my duty to do so. First, how ing endorsement. He did not say that if This is not a new theory. It has been big is this plan? How much will it cost? we did not pass this bill the economy tried before all over the world. Many We have heard some general numbers. would never recover and we would con- economists say this type of spending- It has been stated, although we still tinue on a downward spiral forever. So stimulus simply does not work. They haven’t seen any details, that it might I would say that. have cited examples of it throughout be between $800 billion and $1.3 trillion, But I do think the Government can history. which is one thousand three hundred play a positive role in helping to short- President Bush tried it in February billion dollars. That is a lot of money. en the length of the recession that we last year, less than a year ago, when he It would be the single largest Govern- are in. began the process to send out a $600 ment expenditure of all time. Consider

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 528 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 the enormity of a trillion dollars. It is In 2004, President Bush was criticized I think it is a little late to worry the equivalent of paying for the Ko- because, under his tenure after 9/11, about spending an extra $800 billion. It rean, Vietnam, and Persian Gulf wars after the economic slowdown, he had a is a little late to worry about it later. at once. big stimulus package, and it led to a We need to worry about it when we, the Then, my next question is: Where deficit of $412 billion. He was savaged entity responsible for appropriating will the $800 billion to $1.3 trillion for a $412 billion deficit. I thought he money, are deciding how much to ap- come from? Where will we get it? did deserve criticism for that. Al- propriate and for what purpose. We As I indicated, we are in a deficit though it is not well known to most ought to be thinking about it now, be- now. So we are talking about spending Americans, some work was done in the fore we vote. This includes some of the another $800-plus billion. Where does it next years to bring that deficit down. expenditures for the TARP that they come from? We will have to borrow By 2007, it was down to $160 billion, a project. That is the $700 billion bailout every single penny of it from whomever lot better than $412 billion. That and some other things, some of which will lend us the money, private inves- amounted to 1.2 percent of the gross are one-time expenditures. They tors or foreign countries. We have been domestic product. project next year the deficit will be depending, frankly, too much on for- This chart reflects that. We had a $871 billion. It might look like we made eign countries. We didn’t budget for $413 billion deficit in 2004. This was the progress, but $871 billion is twice what this $800 billion. We don’t have any largest deficit since World War II. this number is, almost. The next year, money in the bank that we can get and President Bush was roundly criticized 2011, it will $572 billion. pay for it. We don’t have any savings for it. A lot of people felt strongly Those numbers still are not the full we can draw on. All $1 trillion will about it. The next year the deficit number because they do not include, have to be borrowed. Since loans have dropped to $318 billion; the next year, for example, about $40 billion a year for to be repaid and you have to pay people it was 248. The year before last, 2007, it the alternative minimum tax fix and to borrow their money—that is what dropped to $161 billion. We were head- several other things. So these are num- borrowing money is, you borrow it ing in the right direction. bers based on existing law, and each from somebody or some country, and Then we had the economic slowdown. year we have not allowed the alter- they are not going to give the money Those things have a number of dif- native minimum tax to go up. There ferent ramifications, one of which is, for nothing—you have to pay them in- are other things we extend each year. when the economy slows down, people terest. Every bit of it will have to be It does not include extensions of the don’t make as much money, so they paid back. Every American over the current Bush tax cuts which would ex- don’t pay as much taxes. So we lost years, for generations to come, will pire in 2010. He is not projecting they about $200 billion; we expect to lose have to sacrifice to pay off the debt we will be extended, but some of them, I about $166 billion in revenue this year, incur today. am sure, will be. Those numbers are according to the CBO, as a result of the The United States is, indeed, deeply correct, technically, but in reality they slowdown. But last year, including the in debt already, about $10.6 trillion. My are going to be larger, in all prob- $160 billion stimulus package, sending generation probably will not be the one ability. out checks, the deficit jumped to $455 to pay most of that back, nor will even This deficit, almost $1.8 trillion, billion, the highest we have had since our children. It will probably be our amounts to 8.3 percent of the entire World War II as a percentage of the grandchildren who will begin to feel value of the American economy, the gross domestic product. That is a huge the heavy burden of this debt. We gross domestic product. That would be number. the highest in real dollar numbers should consider that. We had a hearing last Thursday with Then I will ask this question: What maybe ever. As a percentage of the the Congressional Budget Office Acting economy, it is the highest since we impact will the Obama plan have on Director. A longtime professional budg- the Federal deficit and the national were in a life-and-death struggle in eteer by the name of Mr. Sunshine did World War II, with millions of soldiers debt? This spending program, virtually a fabulous job, but his remarks weren’t all of it, will increase the deficit, which deployed all over the world putting so bright and encouraging. The Con- their lives on the line for this country. is the difference between the money gressional Budget Office projects that the Government takes in each year and We were building airplanes and ships even without any stimulus package, and tanks with all the capacity this what we spend. We spend more than we under current law, the deficit this fis- Nation had. take in, so we have a deficit right now. cal year, the one we are already in—we Today Mr. Sunshine told us the debt To fund that deficit, we borrow money. passed the first quarter of it, and it payment we are paying each year out Each year we have been running a def- ends on September 30 of this year—will of tax receipts is $200 billion just to icit, and each year the deficit gets be $1.2 trillion. Remember, last year it pay the interest on the money we al- added to the total national debt. One was $455 billion, the highest ever. This ready owe. Let me say a little bit might ask: How do these deficits and year we are looking at $1.2 trillion. about that. Interest rates are oddly at debts affect me? Well, when politicians Senator CONRAD, chairman of the a very low rate today. It is inevitable, are responsible and deficits are kept Budget Committee and a Democratic though, that people will stop loaning small as a percentage of the gross do- leader in the Senate, a good American, money to anybody, the U.S. Govern- mestic product, we probably don’t no- called that number jaw dropping. What ment or anybody else, for 1 or 2 per- tice the impact. Interest rates remain else can one say? cent. They are going to demand higher low, and debt payments are easier to That does not even include the stim- interest rates. That is what is going to make. But when we have a sustained ulus package. If we add the numbers as happen. and systemic habit of growing deficits, proposed in the stimulus package, ac- The CBO predicts that interest rate the United States becomes a riskier in- cording to Mr. Sunshine, that will amount will balloon in a few years to vestment for people who might like to reach almost $1.8 trillion. So we are $450 billion a year annually. So the loan us money. Interest rates will go talking about a deficit more than three Congressional Budget Office says, as a up, and more debt at higher interest times the largest amount ever. It may result of our profligate spending and rates means the taxpayers have to pay sound fine as a businessman. I heard huge deficits, we now are heading in a a larger percentage of GDP towards in- today a very prominent American busi- few years to a point where we will be terest on the debt. The most likely way nessman on Joe Scarborough’s show. spending $450 billion a year only on in- those high payments would be met is They asked him about spending and terest. I ask, how big is $450 billion? by a tax hike. I am not sure that is the the deficit. He said: Well, we have to do I will give a couple examples to pro- most likely, but one way those higher it. They asked: Isn’t this going to cre- vide perspectives that are fair to con- interest payments and higher debt pay- ate financial problems in the future? sider. The 5 years of the Iraq war cost ments will have to be paid back might And the only answer he could give was: $500 billion. We are creating a perma- be a tax hike. Well, we will worry about that later. nent interest rate payment every year

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 529 that will have to be paid by our chil- send individuals a check to make them cut it in two, that is $150 billion each dren, by our constituents. Our con- happier for the short term. What kind year. So now we go from $40 billion a stituents today will be paying $450 bil- of long-term impact will there be on year for highways to $150 billion? Well, lion every year, just on interest, be- them, their children, and the economy let’s say you only spend $100 billion on cause we had to spend so much today in the years to come? What will this it. With $200 billion, that is $100 billion and last year for responses to crises I unwise prospect create? more per year for highways, 21⁄2 times am not sure justified this kind of The Wall Street Journal has pointed what we are currently spending. spending. out many of these ideas are temporary I would suggest those kinds of figures I certainly think many of our pro- and that temporary tax cuts do not re- are unrealistic. When the chips are grams deserve to be reformed, elimi- sult in positive economic behavior. But down, I doubt we are going to see any- nated, or increased in efficiency, and a a more permanent change, when people thing like that much money being allo- lot of savings could occur. We have not know it is permanent, does have more cated to highways because it cannot be been doing that. All we have been of an impact in helping our economy. spent. There are not enough asphalt doing is spending more and more, add- Permanent tax relief, including—I mixers, there are not enough concrete ing to our debt. have to say, please, do not think this is mixers, there are not enough dump Madam President, $450 billion is the a way to pander to big business. But trucks to actually spend that much equivalent, as I said, of the Iraq war. It the corporate tax rate in America is money. That is a fact. You cannot tri- is about one-third of the discretionary one of the highest in the world: 35 per- ple the amount of work. And if you do, spending for our country every year. cent. In Ireland, I think it is 11 per- the bid per mile and the cost per mile My recollection is that our general cent. Most European nations—only one is going to go way up. There is going to fund discretionary spending, including or two nations have as high a tax rate be a shortage dealing with everything the Department of Defense, is about on the corporate community, which in construction. We simply cannot throw money at $1.5 trillion. I think that includes the gets passed on as a cost of doing busi- road construction and infrastructure. $200 billion or so for interest now. So ness and makes those corporations less It has to be understood that since some that number goes up to $450 billion. It competitive in the world marketplace. of this is dropping off as a result of eco- would be about a third of that amount. We would be in a lot better shape if nomic slowdowns, we can put that back We spend more on Social Security we could reduce that in a more perma- on, and maybe a little on top, and keep and Medicare and entitlement pro- nent way. Then those companies could this thing going at a more healthy grams. That is on a separate account- see, well, I am saving on my corporate rate. That may be possible, and I am ability factor. But just on the Defense tax rate. I will not have to lay off as many people. I can keep this company willing to discuss that. But we ought Department, Homeland Security, our going. Maybe we can invest and be not to sell the stimulus package that is salaries, highways, everything we more competitive when we export be- being discussed that somehow the big- spend money on—our interest on the cause I do not have as much of a bur- gest chunk of it is going to get spent debt would be that high. It is not a lit- den on me, and it would help this econ- on highways. Right? So $800 billion. tle bitty matter. It is a big deal. omy. So I want to say many econo- Maybe $30 billion a year extra; so $60 The Congressional Budget Office pre- mists truly believe the corporate tax is billion out of $800. So $740 billion. dicts that by 2019, the share of Federal not that, if reduced, would actually en- Where is the rest of it going to be spent expenditures allocated to debt pay- courage economic growth and create to stimulate the economy, I ask? ments will increase from 6 percent to more jobs. ‘‘Shovel ready’’ they say. I do not know 13 percent of the entire economy. That So we know that just rapid expendi- what that means. But I know you could does not include the stimulus plan the tures of huge amounts of money have not start off in the next few months President will be sending to us. never been a very effective way to grow and triple the number of highways So the next question. A trillion dol- the economy. Are these spending pro- built in America. There are not enough lars is a staggering sum of money to grams—this $800 billion plus—is that engineers. There is not enough heavy borrow and pay back with interest. going to end cold turkey in 2 years? I equipment. There is not enough mate- How do we know it will be spent in the have doubts about it. I want to tell rial to do that. If you were to even try, most efficient way to jump-start our you, I have my doubts about the wis- it would drive up the cost, and so we economy and get the most productivity dom of our idea that we can jump-start would spend a lot of money, a lot more. for the taxpayers? the economy by pumping $800 billion We would make it much more expen- Well, the truth is, we do not. We into it. sive per mile to build highways in know this proposal will have two com- So they are talking about—you have America. We have to be careful about ponents. The so-called tax credits and heard these numbers—well, we are that. direct spending. Now, I have to tell going to spend a good bit of money on Well, they also talk about how there you, a good bit of this tax cut is tem- the infrastructure. Everybody likes is going to be more money in this bill porary and a good bit of it is a sales highways. Everybody knows they are for the automobile companies, and job. Tax cuts, tax credit: What does there for generations to come. High- maybe a bailout for State govern- that mean? Well, some say 40 percent ways and bridges have good things that ments. They need more money too, of that will go to people who do not can be said about them and can make don’t they? So why doesn’t the Federal pay taxes. So how do you get a tax cut our lives better. There is always a line Government—which sort of prints if you do not pay taxes? The Govern- formed whenever there is highway money—why don’t we bail out our good ment sends you a check from the money with people wanting to build friends at the State level? Unemploy- Treasury just as they did last spring. more highways and more bridges. Cur- ment insurance is going to need to be They got $600. So you get a check from rently, the Federal Government, which expanded. And some are talking about Uncle Sam that is supposed to stimu- spends a lot of money on highways, expanding broadband, and, of course, late things and somehow help the econ- spends, according to Mr. Sunshine, hiring an additional 600,000 Govern- omy. around $40 billion a year on highways. ment employees. That is part of what The Congressional Budget Office, OK. States match it on a 20-percent is being discussed here. really under the supervision of the basis; 80 percent Federal, States 20 per- As the Washington Post said, of Congress—and the Congress is under cent. In some areas it is 90 percent Fed- course, many of these items were fea- the control of our Democratic col- eral, 10 percent State. We use this tured in President-elect Barack leagues; they have the majority now— matching mechanism to fund highway Obama’s campaign pledges. There was the CBO rightfully scores these provi- construction in this country, and it a fine column by Mr. E. J. Dionne, who sions not as a tax cut but as direct amounts to $40 billion a year. is openly a good, liberal columnist and spending. What else can it be? It is a We are talking about $300 billion in 2 has been a pro-Obama writer through- direct spending of taxpayers’ money to years? You take the $300 billion, and out. Mr. Dionne said it has been rather

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 530 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 fortunate for the Obama campaign that put it out there, every business is CONGRATULATING THE FLORIDA GATORS he can utilize—and I am paraphrasing going to go after it and be happy to get Mr. NELSON of Florida. Madam now, but I think this is close to the it. So we have to be responsible. We President, the task happily falls to heart of what he said—it is very fortu- need to scrutinize it. We need to act in some of us Senators each year in which nate for President-elect Obama that all the long-term interests of America. we can chronicle the success of the na- the spending he promised can now be I believe Congress so far has not done tional champion in college football. Of justified, and they can call it a bailout well in responding to the economic cri- course, there were tens of millions of or a stimulus package and not just a sis we are going through. I think every- Americans watching TV last Thursday big spending program. body pretty well universally has agreed night as the No. 1 and No. 2 teams So I think we have to ask questions that the $160 billion send-out-the- ranked in the country in college foot- about that. Can we justify this? Fun- checks program did not benefit the ball played for the BCS National Cham- damentally, every dollar we spend as economy. I heard a group of well- pionship. Of course, in that game, with part of regular Government spending known economists recently agree that two high-powered offenses, the Univer- programs or this stimulus program the first $350 billion—remember, the sity of Florida Gators prevailed. should result in an effective return to entire Iraq war has cost us $500 bil- I will be offering a resolution for the the taxpayers. We have no money to lion—that $350 billion in the first Senate to pass to present to the Uni- versity of Florida and to its coach and waste. We are in a time of unprece- tranche of money that has gone out has to the team. They will be coming here dented, incredible deficits. We ought not helped the economy. So I think we for the traditional visit to the White not to waste a single dollar. Cannot we have to be careful. I hope Congress will House to visit with the President later all agree on that? not fail our constituents again, by on this year. I am joined—although the Finally, my question would be, how making sure that the fiscal illness we Senate rules prohibit Albert the Alli- will we Americans pay the trillion dol- are living with now does not damage gator from appearing on the floor of lars back? There are three ways: cut- our children. the Senate, and as my colleague, the ting spending in the future. I do not I know people are hurting. I know hear anybody saying we need to be cut- Senator from Alabama, over there is people are worried that their job might giving the Gator chomp, the University ting spending, not on the majority side not exist in the months to come. If you here. We talk about education, health of Alabama rolling tide having been are working at the clothing store, I am the victims of the Gator chomp in the care, highways, expanding the number not sure some of these jobs are going to of military personnel. All these things SEC championship game—I make note be that helpful to you. But at any rate, that Albert the Alligator, the Univer- cost money. I do not see any realistic that is the kind of thing we are dealing prospect we will see any huge reduc- sity of Florida’s mascot, is safely with. People are worried. We are going ensconced back in the cloakroom since tion in spending, I have to tell you. through a serious downturn. As the You could raise taxes. But I do not the alligator is not allowed onto the CBO expert told us, we are going to floor of the Senate. But all of us are like raising taxes. I have tried to op- come out of this in 2 years, in his opin- pose that throughout my career. Presi- celebrating this tremendous victory. ion—and he was firm about it—whether I also wish to mention that since the dent-elect Obama says he wants to give we did anything or not. He said a stim- BCS National Championship rotates everybody a tax break. Who is going to ulus package might help. Another among the major bowls, this year it raise taxes in any significant way? Oh, member of the panel said, well, it was the turn for the Orange Bowl to you can tax the rich and get a little should help, but neither one said it was have not only the Orange Bowl on Jan- out of them when the economy is doing critical to us coming out of the reces- uary 1 but then the national champion- pretty good. When the economy goes sion. ship game. The entire Orange Bowl down and the rich income drops dra- So whatever we do, whatever monies Committee, of which the two Senators matically, the country’s tax revenue we spend—and I am not against every from Florida are privileged to be ex- also drops dramatically. So I do not idea for stimulating the economy—let’s officio members, had conducted such a think we are going to get a lot of just be sure it is productive. Approving magnificent event, had done it with money from that. great aplomb and excellence, great hos- One way for it to happen and would $1 trillion in deficit spending could do pitality to the two teams involved, to be a result more pernicious than many more harm than good if we don’t do it the university administrations, and it have thought about would be where we right. was all around a very positive experi- would basically debase the currency. It is time that we as a Nation stop ence. We would weaken the value of the dol- living beyond our means. We need to For the national champion Gators, I lar. So you borrow $100 billion from get our house in order. We need to wish to quote a couple of articles. somebody, and you pay them back $100 know there is no free lunch; that debts From the columnist Greg Cote and the billion, but you printed a lot more dol- will have to be repaid one way or the Miami Herald: lars, so the dollars they get paid back other—raising taxes, cutting spending in the future, debasing the currency. The Gators flat-out won this game and this are less valuable than the ones they title, and all the more impressively because gave you when you borrowed it. That is That is basically the way we can re- duce the debt, and those are the only it was less by quarterback Tim Tebow’s a pretty slick deal, isn’t it? That is magic (though he was voted game MVP) than what you call inflation. There are huge ways we can. We are putting a burden by his defense defusing the other team’s epic ramifications from that kind of policy to the future. I know some money in- offense. that are very damaging to the long- vested now might make a positive dif- Then I quote from the columnist of term health of America. We do not ference. Let’s talk about that and let’s the Gainesville Sun, Robbie Andreu: see what we can do. But the numbers need to debase our currency. That is The Florida Gators apparently were right why the price of gold jumped. People being floated out and the rapidity with after all. Oklahoma obviously had not seen a get scared the dollar is not going to be which the program is being proposed defense like Florida’s this season. And Tim worth anything. creates in my mind a great danger that Tebow? There’s no way he is the fourth-best So I think the debate we are about to much of the money will not be stimula- quarterback in the Big 12. With the defense begin is really about individual respon- tive, as it has failed to be in the past, coming up with critical stops when it had to, and that much of it will not produce and with Tebow, Percy Harvin and the of- sibility and governmental responsi- fense generating points when the game was bility. We do need to resist the cries of the kind of tangible benefit to which the taxpayers are entitled. on the line, the Gators were clutch in the many who have self-interests in this second half and beat the Sooners 24–14 stimulus package. Madam President, I thank the Chair, Thursday night at Dolphin Stadium to give I heard one prominent businessman and I yield the floor. Florida its third national championship, and make a speech recently. He said: We The PRESIDING OFFICER. The Sen- second in three years. are going after this money. Well, if we ator from Florida is recognized. Coach Meyer is quoted:

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 531 This is one of the best teams in the history now—Federal dollars that would add to The people of this country have re- of college football. the deficit—given where we have come soundingly rejected the policies of the So we celebrate that. from in the last 8 years. I find it quite last 8 years that have gotten us to Now, since we are dealing with these extraordinary. where we are today. That is what elec- weighty problems and here we are tak- I remember back when I was in the tions are about. People have said very ing up a stimulus bill—we are taking House of Representatives, serving with loudly: We don’t want the same poli- up this TARP legislation this week—it the distinguished Presiding Officer, cies; we don’t want the same people es- is good to have a little levity. Indeed, when in 1997 we took some very tough pousing the same policies going for- before this game, I went to the Senator votes and did a lot of hard work under ward as we have seen in the last 8 from Oklahoma, Mr. COBURN, and I President Clinton. Actually, we bal- years. said: Would you like to have a little anced the budget for the first time in Where have those policies over the friendly wager? 30 years. That put us on a course to last 8 years gotten us? Over the last 8 What we decided was that the losing eliminate the deficit, to strengthen the years, we have not seen a commitment team’s Senator would sing a song in country, to create the right kinds of to manufacturing in this country. front of the winning Senator’s con- priorities for the American people. Some people say that is only a narrow stituents, and we agreed in advance As a result of that action, in 2001, special interest for a certain number of that the songs would be that I would when I came into the Senate as a new States in the country. I suggest it is a sing ‘‘Oklahoma’’ if the Sooners won, member of the Budget Committee, we foundation of the middle class in this and Senator COBURN would sing ‘‘Rock- were debating what to do with the big- country. The fact that we have lost 4.1 et Man’’ by Elton John—a favorite of gest surplus in American history, $5.7 million manufacturing jobs due to the this Senator—if the Gators won. trillion. How should we address the policies of the last 8 years—750,000 of So next Wednesday, 2 days from now, largest surplus we had seen in the Fed- those jobs just last year—that totally circa noontime, we are going to have a eral budget. At the time, the Demo- relates to where we are in terms of jobs gathering of Florida constituents for crats on the committee proposed that in this country, what is happening in Senator COBURN and me. I suggested to we divide that surplus into three parts: this country, and what is happening to Senator COBURN that I would even gra- one, for tax cuts geared to the middle middle-class people. The economic ac- ciously sing a few bars of ‘‘Oklahoma.’’ class; two, for investments to create tivity in the manufacturing sector has Also, if he couldn’t follow the words— jobs, invest in education, and future fallen to its lowest level in 60 years. and we are going to play ‘‘Rocket opportunities; and three, to help That absolutely equates to the chal- Man’’ for him—if he couldn’t follow the strengthen Social Security. That was lenges we are currently having in this words, clearly we could sing a few bars rejected. Instead, as we all know now, economy. In 2008, 2.6 million jobs just in gen- of the Florida alma matur, the Florida a very large supply-side tax cut, trick- eral were lost, the worst year since fight song, ‘‘We Are The Boys From le-down economics, was passed. My 1945—8 years of policies put forward by Old Florida.’’ constituents, in January 2009, are still the current administration and sup- It is good to have this levity. It is waiting for it to trickle down to their ported by many people who have been good to have a wholesome sport that is pockets. But that was put in place, on the floor since we came back into uniquely American that we can get en- which began a process that has now led session arguing we should not do some- thused about. It is good that we have us to the highest deficits in the history thing different; we should not try a dif- of the country in just 8 years. That was athletics that add so much to a univer- ferent kind of investment policy; we coupled with a war that was not paid sity setting, that bring out more of a should not focus on jobs in America, university personality in addition to for, over $10 billion a month, and cer- the middle class, and so on; we should the studies, the academics, and the re- tainly the most important thing has keep doing it the way we have been search we are so privileged to have in been the loss of life. Then we saw just doing it. That is basically what we are our American universities. at the end of the year an effort to pro- hearing on the floor, the same kinds of So, indeed, this Senator is here to vide $700 billion in what has been things that have gotten us to these say: All hail, Florida, which comes dubbed the bailout of Wall Street—to numbers—1 million jobs lost last from the alma matur. All hail, Florida. date, I suggest, not very effective and month. Last month, 1 million Ameri- This time, again, the Gators are the at times outrageous in terms of what cans. As of December, 11.1 million peo- national champions. has happened with that money. ple were unemployed. And we wonder Madam President, I yield the floor, So it is not that the Federal Govern- why they cannot pay their mortgages and I suggest the absence of a quorum. ment has to spend money, it is not that and their homes are going into fore- The PRESIDING OFFICER. The colleagues on the other side of the aisle closure. The jobless rate is the highest clerk will call the roll. have not supported spending. They sup- in 16 years, and we know it is not going The assistant legislative clerk pro- ported spending for 8 years. The ques- to get better quickly. We know at least ceeded to call the roll. tion is, What are we going to spend it the first half of this year—possibly the Ms. STABENOW. Mr. President, I ask on and for whom? Many Americans entire year—is going to be very tough. unanimous consent that the order for have seen their standard of living go We know that. But common sense the quorum call be rescinded. down, their jobs go away, their houses would say that we do not embrace the The PRESIDING OFFICER (Mr. go away, their opportunities go away, same policies that have gotten us to SANDERS). Without objection, it is so while some have done very well under a this point if we want to get out of the ordered. particular kind of spending over the hole. The Senator from Michigan. last 8 years. What I suggest is this is It is exciting that next week we are ECONOMIC STIMULUS not about whether we spend or invest going to swear in a wonderful new Ms. STABENOW. Mr. President, I or use Federal dollars; it is about our President who has policies, working wish to take a few minutes this values and priorities. In whom are we with us, working with all of us to- evening to respond to some of the com- going to invest? Where are we going to gether, that will stop digging the hole ments that we have been hearing from spend the dollars? I have had so many and begin to bring us out of the hole, colleagues on the other side of the aisle people in Michigan say to me, with all even though we know it is a deep hole, expressing great concern about the the debates going on: Where is my bail- and he has certainly stressed that, spending of a recovery package for out? I am sure you heard that, Mr. wisely, with the American people. We America, as we are talking about President: Where is my bailout? Small are going to begin to come out of this today. business owners: Where is my bailout? hole. I find it quite extraordinary when I Individuals. I suggest what we are de- Over and over again in the last week, hear colleagues talking about object- bating is the American people bailout, we have been hearing colleagues ob- ing to spending Federal dollars right the investment in America. jecting to a change in economic policy

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 532 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 and proposing the same old thing. The opportunity for jobs and income and and their commitment to working with same old thing has put us in a situa- education. us. tion where the U.S. median home price I am also very involved in making There are so many pieces of this that fell 13 percent in the last year, which is sure we can computerize our health will be addressed. I will mention one the fastest pace since the 1930s. That is care system so we can cut costs from other, and that is when I talked earlier what the kinds of policies we are hear- unnecessary paperwork; that we can about the numbers regarding unem- ing on the other side of the aisle have also provide the very best quality of ployment and housing and pensions achieved. health care in every hospital, large and and what is happening to people, we Mr. President, 3,100 foreclosures hap- small, whether you live in a small have seen now close to a decade—8 pen every day. Today, as we have been rural area or an urban hospital is years—of neglect, of not paying atten- in session, 3,100 families have seen where you would go or a suburban hos- tion to those who have been hurt by their homes foreclosed upon. Tomor- pital. the policies that have been in place. So row, there will be another 3,100 fami- We need to focus on jobs rebuilding it is very important that we, in fact, lies; the next day, 3,100 families. That America and reinvesting not only in recognize that we have more people out is what the policies—action and inac- the upfront construction jobs but in of work than there are currently avail- tion—of the last 8 years have done. One what that will mean to the assets that able jobs—people who have worked all in ten homeowners with a mortgage is will be there afterwards, which is very their lives, people who want to work, either in foreclosure or delinquent on much a part of this recovery plan. We who recognize the dignity of work but payments. know we want to see alternative en- in the short run need some help. Part Pension plans, if you are fortunate ergy jobs, and certainly I am very in- of this package needs to address this as enough to have had a job, worked hard volved in the whole effort to create well, whether it is unemployment in- all your life, and put money into a pen- green jobs. I am very proud that last surance, whether it is food assistance, sion—maybe you did not take a pay year in the budget resolution we in- whether it is help with health care dur- raise in order to make sure you had cluded my green-collar jobs initiative, ing a transition or whether it is ad- that pension—have suffered their which now our new President-elect and dressing those who have lost their jobs steepest 1-year drop in 20 years. The his team are working to fund as a part because of trade. Those priorities rep- average pension fund now is holding as- of what we need to do to create the new resent the best of America and who we sets that would cover only about 75 battery technology. This is not just the are, our real values and priorities as percent of what had been promised to research but to build the batteries here Americans, understanding that we are workers. in the United States; and not only to in a global economy and that transi- I could go on and on with the num- have wind energy but to build the wind tion, at best, even if everything was bers, and you know them as well. The turbines here and create the jobs; and going well, even if every policy was good news is the American people have not only to have the solar power but to going well, has created pain and suf- looked around at what has happened, build the solar units or the solar pan- fering for those caught in the middle. the trickle-down economic policies of els, to have the equipment, to have the Unfortunately, because of a series of the last 8 years—the idea that we can’t storage from the batteries all done policies, whether it is not enforcing our afford to invest in education for the fu- here. That is a part of our vision for a trade laws fairly, whether it is not ad- ture or health care or focus on jobs for recovery package for the future. dressing health care or seeing the cut- the future—they have looked at those Because I have been working so backs in education, and so on, too policies and said, no more, no more. We closely with advanced manufacturing many people have been hurt and need have had enough. in the auto industry, I know an inter- some help. Too many people have been So that brings us to this point, and esting statistic is that if everyone had hurt in the last 8 years. So a very im- we will have the opportunity in the an electric car today—and we would portant part of this recovery plan as next few weeks to bring forward an certainly like that to happen from an well is to make sure those families economic recovery plan that focuses in environmental standpoint—we would know we see them, we hear them; that, a very different way. If we are going to blow up the electrical grid in this coun- as Americans, we care about them and do tax cuts, we want tax cuts for mid- try, poof. We would be in deep trouble. want to make sure they have the tem- dle-class families and those working So part of what we need to have happen porary assistance they need while we hard to get into the middle class to is to upgrade so we have a better elec- are creating these jobs in the new econ- benefit from those and that is the pol- tric system to be able to handle those omy. icy we will see coming forward. new vehicles. We need to create a new There is a lot of work to do, as we all We are going to see policies that will kind of infrastructure so that when you know, and I would conclude by saying create jobs rebuilding America. I have pull up in your vehicle, which would that while we may not know how long heard colleagues on the other side of get 40 miles per—what shall I say? It is it will take for us to move out of this the aisle saying: Oh, my gosh, they not 40 miles per gallon because it is not deep hole we have been placed in, in want to not only talk about roads and a gallon. It is 40 miles on the road to a terms of job loss and deficits, and so bridges and water and sewer systems, charge. Wouldn’t it be great to be able on, here is what we do know: The same but they want to talk about to pull up and charge it in a parking thing has been tried for 8 years and broadband—the idea of connecting lot or at a parking meter as you went things have only gotten worse every rural communities and small busi- into the store? year. So those who would argue that nesses to the Internet so they can sell There are so many ways we need to we should have more of the same I around the world, just like big business build and rebuild America for this new think find themselves in a difficult po- does. Oh, my goodness, you mean they technological world we are in, this new sition because the American people want everybody to have access to the green alternative energy world we are want change. They have voted for Internet, not just some people? Yes, in. That is our hope: Jobs, rebuilding change, and they expect us to change that is true. We believe the new high- America, and building for the future. the values and the priorities of this way, the information highway, that We not only can achieve very impor- country so that we are, in fact, invest- power needs to be available to every tant goals of energy independence and ing in our people and in a strong Amer- child, to every small business, to every tackling in a real and meaningful way ica again. farmer at the end of the road. Just as the serious issue of global warming, I yield the floor, and I suggest the ab- we built the electricity systems, the but we can create jobs in America, sence of a quorum. telephone systems of the past, we need good-paying jobs in America. That is The PRESIDING OFFICER. The to make sure we are building for the what this recovery plan does, and I am clerk will call the roll. future in America so everyone has ac- very excited to work with the incoming The assistant legislative clerk pro- cess to these new technologies to have administration and to see their vision ceeded to call the roll.

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Mr. President, I ask unan- clerk will report. cased dancers, filmmakers, musicians, imous consent that all postcloture The legislative clerk read as follows: storytellers, and poets—each contrib- time on the wilderness bill be yielded The Senator from Nevada [Mr. REID] pro- uting their experience of the western back. poses an amendment numbered 18 to the in- lifestyle. From urban areas to rural The PRESIDING OFFICER. Without structions of the motion to commit S. 22. ones, people from across the country objection, it is so ordered. Mr. REID. I ask unanimous consent gather in Elko every year to listen to Without objection, the motion to that reading of the amendment be dis- and experience the artistic soul of the proceed is agreed to. pensed with. authentic cowboy. The clerk will report the bill by title. The PRESIDING OFFICER. Without The first cowboy poetry gathering The assistant legislative clerk read objection, it is so ordered. was held one weekend in January in as follows: The amendment is as follows: 1985. It drew a crowd that included A bill (S. 22) to designate certain land as In the amendment, strike ‘‘3’’ and insert frontier enthusiasts as well as skeptics components of the National Wilderness Pres- ‘‘2’’. who questioned whether cowboys could ervation System, to authorize certain pro- Mr. REID. I now ask for the yeas and also be poets. After that first gath- grams and activities in the Department of nays. ering, the poetic nature of the cowboy Interior and the Department of Agriculture, The PRESIDING OFFICER. Is there a and for other purposes. could no longer be doubted, and what sufficient second? started as a small weekend event even- AMENDMENT NO. 15 There appears to be. tually transformed into a weeklong Mr. REID. Mr. President, I have an The yeas and nays were ordered. cultural excursion that draws thou- amendment at the desk. I now ask that AMENDMENT NO. 19 TO AMENDMENT NO. 18 sands of visitors and participants from the clerk report the amendment. Mr. REID. I now call up my second- across the globe. It has reinvigorated The PRESIDING OFFICER. The degree amendment which is also at the interest in preserving and spreading clerk will report. The legislative clerk read as follows: desk. the cowboy narrative, inspiring other The PRESIDING OFFICER. The communities to hold similar events The Senator from Nevada [Mr. REID] pro- clerk will report. poses an amendment numbered 15. throughout the West. The legislative clerk read as follows: The National Cowboy Poetry Gath- The amendment is as follows: The Senator from Nevada [Mr. REID] pro- ering has created an environment that At the end insert the following: poses an amendment numbered 19 to amend- contributes a wealth of riches to our The provisions of this bill shall become ef- ment No. 18. fective 5 days after enactment. shared western heritage. In January of The amendment is as follows: 2009 the Western Folklife Center in Mr. REID. I ask for the yeas and In the amendment, strike ‘‘2’’ and insert Elko will host its 25th gathering. I nays. ‘‘1’’. would like to congratulate them on The PRESIDING OFFICER. Is there a CLOTURE MOTION this achievement. sufficient second? Mr. REID. I send a cloture motion to There appears to be. the desk. f The yeas and nays were ordered. The PRESIDING OFFICER. The clo- TRIBUTE TO SENATOR ROBERT AMENDMENT NO. 16 TO AMENDMENT NO. 15 ture motion having been presented BYRD Mr. REID. I now call up my second- under rule XXII, the Chair directs the degree amendment which is at the clerk to read the motion. Mr. COCHRAN. Mr. President, I am desk. The legislative clerk read as follows: pleased to join with my colleagues in The PRESIDING OFFICER. The CLOTURE MOTION congratulating Senator ROBERT BYRD clerk will report. We, the undersigned Senators, in accord- on his 50 years of exemplary and dis- The legislative clerk read as follows: ance with the provisions of rule XXII of the tinctive service in the U.S. Senate. The Senator from Nevada [Mr. REID] pro- Standing Rules of the Senate, do hereby Senator BYRD is a distinguished poses an amendment numbered 16 to amend- move to bring to a close debate on S. 22, the Member of the Senate and has served ment No. 15. Omnibus Public Land Management Act of in many important positions of respon- The amendment is as follows: 2009: sibility in this body during his tenure In the amendment strike ‘‘5’’ and insert Harry Reid, Jeff Bingaman, Richard Dur- as Senator from West Virginia. He has ‘‘4’’. bin, Dianne Feinstein, Bernard Sand- served as minority and majority lead- ers, Jon Tester, Tom Harkin, Kent Mr. REID. I now move to commit the Conrad, Byron L. Dorgan, Barbara er, as chairman and ranking member of bill with instructions and ask for the Boxer, Debbie Stabenow, Daniel K. the Appropriations Committee, and as yeas and nays. Akaka, Ken Salazar, Mary L. Landrieu, President pro tempore of the Senate. The PRESIDING OFFICER. Is there a Ron Wyden, Patrick J. Leahy, Robert It has been a great privilege to serve sufficient second on the motion? Menendez, Bill Nelson. with Senator BYRD on the Appropria- There appears to be. Mr. REID. Mr. President, I ask unan- tions Committee. I have learned so The yeas and nays were ordered. imous consent that the mandatory much from him since joining this com- AMENDMENT NO. 17 quorum required under rule XXII be mittee in 1981. Senator BYRD has been The PRESIDING OFFICER. The waived. a good friend as well as a mentor. It clerk will report the motion to com- The PRESIDING OFFICER. Without has also been a great pleasure to serve mit. objection, it is so ordered. with him on the Homeland Security The legislative clerk read as follows: f Appropriations Subcommittee, which we have both chaired. The Senator from Nevada [Mr. REID] moves 25TH NATIONAL COWBOY POETRY I look forward to continuing to serve to commit the bill to the Energy and Nat- GATHERING ural Resources Committee with instructions with him in the coming years. to report back forthwith with the following Mr. REID. Mr. President, I rise today amendment numbered 17: to recognize the 25th National Cowboy f The amendment is as follows: Poetry Gathering, which is held every GAZA At the end, insert the following: January in Elko, NV. This title shall become effective 3 days For 25 years, the National Cowboy Mr. BAYH. Mr. President, I rise after enactment of the bill. Poetry Gathering has been providing a today to commend Majority Leader

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REID and Republican Leader MCCON- rise. Cartel activity by OPEC members NOPEC on four separate occasions, NELL for introducing S. Res. 10, an im- clearly violates U.S. antitrust laws. most recently on May 22, 2007. During portant piece of legislation which reaf- Unfortunately, OPEC members have the 109th Congress, the legislation firms unwavering support of the United escaped liability for their antitrust passed the Senate by a vote of 70 to 23 Statest for Israel and Israel’s right to violations. The Foreign Sovereign Im- as an amendment to the Clean Energy defend itself and protect its citizens. munities Act makes foreign states lia- Act. It was stripped out in conference. Hamas’ unwillingness to renounce vio- ble under U.S. law for their commercial NOPEC passed the House last year by lence and recognize Israel’s right to activities but not their governmental an overwhelming vote of 345 to 72. The exist is the central impediment to activities. In International Association bill even has the support of the con- achieving a lasting peace between the of Machinists v. OPEC, a California servative Heritage Foundation, which Israelis and Palestinians. I stand district court held that OPEC’s cartel has noted that NOPEC ‘‘would place strongly with the people of Israel in activity was governmental activity, much needed pressure on OPEC.’’ not commercial activity, and was their efforts to cope with the terrorist f threat from Hamas. No nation can be therefore immune from the antitrust asked to endlessly turn the other cheek laws. On appeal, the Ninth Circuit af- TRIBUTE TO EDYTHE when its people are subject to indis- firmed. SALZBERGER criminate, unprovoked, and lethal mis- These court decisions were wrong. Mr. GRASSLEY. Mr. President, I sile strikes. Like all people, the citi- Government-owned companies engaged would like to pay tribute to Edythe zens of Israel have the right to live in purely business activities are sub- Salzberger, who passed away at the age safely within secure borders. ject to the antitrust laws. of 99 last month. Edythe devoted her While the responsibility for the cur- That is why Senator KOHL and myself life to the belief that the creative proc- rent violence rests with Hamas, both as well as nine other cosponsors are re- ess is both healing and life enhancing. sides must take every possible step to introducing the No Oil Producing and An interest in art created by psy- avoid harming innocent civilians. Fur- Exporting Cartels Act, or NOPEC. The chiatric patients led her to the Hill- thermore, both sides must work to- legislation reverses these court deci- crest Children’s Center, a home for wards a durable and sustainable sions, making it clear that cartel ac- emotionally disturbed children, where ceasefire that prevents Hamas from re- tivity OPEC is commercial activity she began her years of service to the arming and improves the daily living that is subject to the antitrust laws. disabled and distressed. A pioneer in conditions of the people in Gaza. NOPEC also makes it clear that OPEC the field of art therapy, Mrs. Salz- The current bloodshed in Gaza is also members are subject to the jurisdiction berger wrote numerous articles, a grave reminder of Iran’s role in arm- of U.S. courts. trained clinicians and other mental ing, training, and assisting extremist Applying antitrust law to foreign health professionals, established an art groups like Hamas. The Iranian regime conduct is consistent with current law. therapy program at Chaim Sheba Med- is the world’s most active state sponsor In Hartford Fire Insurance Co. v. Cali- ical Center in Israel, and helped found of terrorism. The current violence fur- fornia, the Supreme Court held that the Washington chapter of what later ther underscores the importance of U.S. courts have jurisdiction over anti- became the American Art Therapy As- using aggressive sanctions to deter the trust suits involving foreign conduct sociation. Art therapy is based on the Iranian regime from taking future ac- by foreign actors if the conduct has belief that the creative process in- tions that destabilize the region and substantial effects in the United volved in artistic self-expression helps threaten our democratic allies. States. Clearly, OPEC’s cartel activi- people solve problems, develop inter- We have learned as a nation that ter- ties have substantial effects in the personal and conflict resolution skills, rorism and the advocacy of extremism United States. manage behavior, reduce stress, in- The Justice Department has over the are not distant problems but those crease self-esteem and self-awareness, years prosecuted many foreign cartels which we must confront vigilantly. and achieve insight. It is used to treat in a myriad of industries, including vi- Terrorism has no geographic bound- patients of all ages dealing with a host tamins, marine hose, liquid crystal dis- aries. We must continue our efforts to of problems related to emotional and play panels, textiles, construction, confront Islamic extremism and to mental disorders, substance abuse, food, chemicals, graphite electrodes, eliminate terrorists’ ability to strike trauma, loss, neurological injuries, and ocean shipping and fine arts auctions. against the United States and our al- psychosocial difficulties resulting from Indeed, over the past decade, around lies. Therefore, I wholeheartedly sup- medical illness. A life-long painter, half of the corporate defendants in car- port S. Res. 10, which underscores our Edythe Salzberger combined her desire tel cases brought by the Justice De- Nation’s commitment to help provide to create with her desire to help. She partment have been foreign-based. In for Israel’s security and to encourage a will be missed not only by friends and the vitamins case, for example, the lasting and secure peace in the Middle family but by all the patients and prac- Justice Department successfully pros- East. titioners of the field she helped pioneer ecuted a cartel of foreign vitamin man- f and the respected professional associa- ufacturers that held meetings abroad tion she helped create. NO OIL EXPORTING AND to allocate market share and set I ask unanimous consent to have the PRODUCING CARTELS ACT prices—just like OPEC. In many of the obituary of Edythe Salzberger from the Mr. SPECTER. Mr. President, as our cases involving foreign cartels, foreign December 15, 2008, edition of the Wash- economy sinks further into recession, executives have been extradited to the ington Post printed in the RECORD. OPEC, which controls about 40 percent U.S. to serve significant prison sen- There being no objection, the mate- of the world oil supplies, has an- tences. rial was ordered to be printed in the nounced its biggest single production Critics have argued that NOPEC RECORD, as follows: cut ever. As a result, since December 17 would harm U.S. relations abroad or when the cartel announced its record discourage foreign investment in the [From washingtonpost.com, Dec. 15, 2008] production cuts, oil prices have risen 40 United States. However, NOPEC leaves EDYTHE SALZBERGER, 99; PIONEER IN ART percent. the decision to prosecute OPEC mem- THERAPY For decades, the members of OPEC bers in the hands of the executive Edythe Woolf Polsby Salzberger, 99, one of have conspired to manipulate oil prices branch by giving the Justice Depart- the first art therapists in the Washington by limiting the number of barrels sold. area, died Dec. 5 of anemia at her home in ment sole authority to prosecute. Chevy Chase. U.S. antitrust laws explicitly prohibit NOPEC enjoys strong bipartisan sup- Mrs. Salzberger was a painter in her early conspiracies in restraint of trade, port and has since its first introduction years who received an associate’s degree which include agreements to cut pro- back in 2000. The Senate Judiciary from the Rhode Island School of Design in duction in an effort to cause prices to Committee has unanimously passed 1931. She studied painting at the Museum of

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 535 Fine Arts in Boston and later with artists opportunity to share their thoughts, I We are retired and on a fixed income. We Robert Brackman and William Shulgold. am submitting every e-mail sent to me can drive or not as we wish, unlike other She developed an interest in art created by through an address set up specifically folks who work. All of the things you men- psychiatric patients and in 1950 began to tioned in your e-mail should be accom- for this purpose to the CONGRESSIONAL study projective drawings under the direc- plished. Becoming non-dependent on foreign tion of Fritz Wengraf in New York. RECORD. This is not an issue that will sources for fuel should be a top priority. ‘‘I always struggled between painting as an be easily resolved, but it is one that de- When our former President said we will start end in itself and practicing art therapy,’’ she serves immediate and serious atten- a program to put us on the moon before, the once wrote. tion, and Idahoans deserve to be heard. population and industry responded. If our Moving to Chevy Chase in 1950, she began Their stories not only detail their leaders will take the same approach to devel- working as an art therapist in 1957 at Hill- struggles to meet everyday expenses oping our oil sources, wind power, nuclear crest Children’s Center, a residential treat- but also have suggestions and rec- power, and all other alternative energy, and ment facility for emotionally disturbed chil- ommendations as to what Congress can encourage conservation, I believe the Amer- dren. The center, located on Nebraska Ave- do now to tackle this problem and find ican people and industry will rise to the nue NW on the site of what is now the Na- challenge. Why did we not learn the last tional Presbyterian Church, later closed for solutions that last beyond today. I ask time when we all parked in lines on our lack of funding and was incorporated into unanimous consent to have today’s let- given day to get gas? the psychiatric services offered by the Na- ters printed in the RECORD. LAURA, Twin Falls. tional Children’s Medical Center. She also There being no objection, the mate- provided training to clinicians at D.C. Gen- rial was ordered to be printed in the I cannot understand why Congress cannot eral Hospital on the use of art therapy, and RECORD, as follows: see the need to allow the United States to established an art therapy program at Chaim I am a forester and a close job for me is 100 access more of our own energy sources. Yes, Sheba Medical Center at Tel Hashomer in miles round trip per day. Occasionally I can we need new alternative fuels, but we also Israel. camp out near the job, but not always. I am need to become more realistic about our so- Art therapy was a relatively new discipline required by the nature of forest roads and lutions to the energy crisis. We need to com- when Mrs. Salzberger began her career, and the nature of my business to drive a four- bine research and start making use of our she became one of the founders of the Wash- wheel drive pick-up. This is not energy-effi- own current oil discoveries. We need to start ington chapter of what later became the cient, but there is nothing I can do to change drilling in the places where oil has already American Art Therapy Association. She pub- the nature of my business. been discovered. Why has Congress ridiculed lished numerous articles in professional I have been a practicing professional for- President Bush when he asked the Saudis to journals and produced one of the first films ester for over 40 years, and this crisis is not produce more oil when Congress refused to demonstrating the use of art therapy. Titled a surprise to me. I have seen it coming since do the same right in our own country? He did ‘‘Michael,’’ the film was designed for use in the Wilderness Act was passed in the early ask Congress first. I would like to see the university classes. 1960’s. Congress invite the scientists who do not She was born Edythe Woolf in Providence, The current energy crisis is merely one agree with man-made global warming to tes- R.I. In 1931, she married her college sweet- part of the larger problem and that being the tify and bring their facts forward. Forming heart, Daniel Polsby II, and lived in New misanthropic environmental movement that an energy policy on an unproven crisis does Haven and Norwich, Conn., where her hus- refuses to use and manage our natural re- not make much sense. band was a businessman and farmer. She sources for the benefit of mankind and par- On another subject, why do the senators worked on the family farm during World War ticularly our great nation. only take calls and emails from their home II, when agricultural workers were hard to When I started my career in forestry, Re- states when all of you represent the United find. The farm produced as many as a thou- gion 6 of the U.S. Forest Service returned States of America and your actions impact sand eggs daily; they were sold under con- timber stumpage dollars to the U.S. Treas- all of us? tract to an Army camp on Cape Cod. ury in addition to the counties for roads and GLORIA. Her husband died in 1946, and she moved to schools. The U.S. Congress, under pressure Chevy Chase with her three sons. She was from an ignorant and dedicated misanthropic We have let the left with their environ- one of the founders of Temple Sinai in the preservation movement, has relegated the mental agenda hijack our country and many District and was active in a number of Jew- U.S. Forest Service into a hopeless, ineffec- [conservatives] are allowing it to happen. If ish charitable organizations. tive agency that now draws money from the we do not start drilling in ANWR and off- She completed requirements for her under- Treasury. shore [and] using coal in place of petroleum, graduate degree at RISD in the late 1950s. The U.S. Forest Service has managed to go we are going to be in a world of hurt. Alter- In 1966, she married Henry X. ‘‘Hy’’ from a win-win situation to a lose-lose situa- native energy sources are going to be great Salzberger, a recently retired Texas depart- tion in a little over forty years. when they get here, but that is a generation I have used the following analogy for ment store executive, and moved to Dallas. away. As a country trying to stave off the years: you or me, Senator Crapo, are given a She helped her husband in the two organiza- jihadist and Latin dictators, we had better fully stocked grocery store and within a tions he founded, Dallas Taping for the Blind be self-dependent on our own energy. I hope week have gone broke, have rotting produce, and a local radio station for the blind. She Congress understands their culpability in have burned down our storage room and are also lectured on art therapy at hospitals and this mess as well as the President. How at the University of North Texas, and super- requesting funds from the bank. The U.S. Forest Service burns millions of about a reduction in fuel taxes? If the Amer- vised therapists-in-training. ican people continue to be pressed, they will When Mrs. Salzberger’s husband died in acres of forest annually. Insect epidemics are react; there are unintended consequences 1994, she returned to Chevy Chase to be clos- destroying millions of acres annually, and that may be very surprising to some. Thanks er to family and friends. She also resumed the logging industry has been emasculated for your service to Idaho. painting. to the point whereby firefighting is ineffec- WADE. Her son, Nelson W. Polsby, died in 2007. tual i.e. no roads, no tractors, etc. Survivors include two sons, Allen I. Polsby I may have appeared to go off-track with of Bethesda and Daniel D. Polsby of Fairfax my discussion of forest management issues, We are a retired couple. When we were County; eight grandchildren; and two great- but I assure you the issues confronting for- working, we socked lots of our money into grandchildren. estry are the same as those facing other nat- various retirement funds and, therefore we ural resources, both renewable and non-re- are comfortable even with the high energy f newable. costs, at least at the present time. Due to IDAHOANS SPEAK OUT ON HIGH The oil industry has regulations forbidding our fixed incomes, we watch prices going sky ENERGY PRICES drilling in the Arctic, offshore in continental high and this gives us concern. U.S., no refineries, etc. ABC News, June 11, 2008 released the fol- Mr. CRAPO. Mr. President, In mid- Energy is suffering, no nuclear, no coal- lowing and I am wondering if you could June, I asked Idahoans to share with fired, breaching dams, and, in short, these verify this. me how high energy prices are affect- ‘‘well-intentioned’’ environmental whackos ‘‘Congress decides how much oil companies ing their lives, and they responded by are more intent on destroying our capitalist are taxed, what forms of alternative energy the hundreds. The stories, numbering system than saving resources. development—such as solar and wind well over 1,200, are heartbreaking and P.S I am working with folks who own the power—are subsidized, where oil companies patent rights on a machine that converts can drill and how fuel efficient our cars need touching. While energy prices have forest slash into a powder that we think is to be.’’ dropped in recent weeks, the concerns the breakthrough for the cellulosic produc- ‘‘For years, lawmakers have fought over expressed remain very relevant. To re- tion of ethanol. proposals to expand offshore drilling in the spect the efforts of those who took the LEWIS, Eagle. Gulf of Mexico and to allow drilling in the

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 536 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 Arctic National Wildlife Refuge in Alaska. zling cars for decades, most recently big using your time fixing problems like funding Republicans have pushed for such increased SUVs. Consider this: The Ford F-Series pick- Social Security, making health care afford- exploration, but Democrats killed the latest up truck has been the best-selling vehicle in able and keeping manufacturing jobs in the push, saying it would do little to ease gas the United States for 26 years. (There were USA. The last eight years have been a bless- prices in the short term and could have dire occasional months when it was beaten in ing to all of us. Please keep up the good environmental consequences.’’ sales—but always by another truck, usually work, before you know it there with will be ‘‘There is oil in the Arctic but getting it the Chevrolet Silverado.) Some drivers are a horse and buggy in every two-car garage in would come at a cost.’’ changing their habits now. this country. ‘‘The Democrats came back with their own If the OPEC nations decided to increase ROBERT, Boise. hodgepodge of ideas, including giving the production by, say, 1 million barrels, then president the authority to declare an ‘energy there might be some relief in the markets. The high cost of fuel is affecting us by not emergency’ and sue OPEC nations, prosecute While such an increase might lead to lower being able to see some of our children who price gougers and assess a ‘windfall profit prices at the pump now, it is not a long-term live far away and they are asking us to help tax’ on oil companies. Senate Republicans solution. There is only so much oil in the them with unexpected bills. My husband killed that measure.’’ ground, and if more is pumped today there is drives 26 miles each way to work. It has real- ‘‘And for years Congress has ignored pro- less for the future. With explosive growth in ly increased our expense. I work at the site posals to increase fuel-efficiency standards, China, India and elsewhere it is very likely and they are going to increase our bus rates or CAFE standards. The standards just got that all the extra oil would quickly be con- double. If this happens, I will be forming a their first major overall in three decades sumed and prices would skyrocket again. carpool and many others will as well. This with the new legislation calling for auto- Oil prices are high because of worldwide will create much more traffic on the road makers to boost fleet wide gas mileage to 35 demand. But part of the price spike comes and there will be more exhaust which will miles per gallon by 2020.’’ from market moves. The first—and easiest to cause much more pollution. Also there will ‘‘Although the public has clearly moved to understand—is that oil is priced in U.S. dol- be more wrecks. There has got to be some- the acceptance stage, Congress has not. Con- lars. So when the value of the dollar falls, as thing more done. I feel that the U.S. will be- gress is still stuck at this anger stage so it has in the past year, the price of oil goes come weaker and it will threaten our na- they want to blame speculators. They are up for Americans. tional security. I believe there will be vio- pandering. They want people to feel good But the market is much more complex lence as people are unable to provide the ne- about themselves. They want somebody to than that. Many investors—some call them cessities of life. It really is a threat to our blame.’’ speculators—are pouring money into oil nation. ‘‘There is also a lot of money at stake for when they had previously ignored it. Basi- LAREE. the politicians. The oil and gas industry is cally, many investors are spooked by the one of the top donors to political campaigns subprime housing market and other prob- Very simply, we are reducing the amount year after year.’’ lems with the financial sectors, and have fled of money we spend on everything other than ‘‘In 2004, the industry donated more than from the stock market. Instead of investing gasoline. We are having to pay more for nat- $25 million to politicians around the coun- in stocks and bonds, these investors have ural gas, electricity, and food because all are try, according to the Center of Responsive chosen to place their money in oil, driving being impacted by the increase in oil futures. Politics.’’ up the price. We have not taken a vacation this year and ‘‘And the bulk of that money—more than Bill O’Grady, chief investment strategist will not be able to afford one anytime soon. $20 million—went to Republicans. Bush’s re- for energy at Wachovia Securities, said that ROBERT. election campaign alone received $2.7 million part of the problem also has to do with the of that money. (Bush also got nearly $2 mil- Federal Reserve setting interest rates so Thank you so much for offering us an op- lion from the oil and gas industry in 2000.) low. He said that when inflation is 4 percent portunity to share with you how gas prices ‘‘Washington politicians set the nation’s but investors are only getting 1 percent for are affecting our family. We are a family of energy policy but could they be doing more? their cash in the bank, they look for other four, and we purchased our home in Kuna be- ‘‘This year is also turning out to be a lu- investment options. Normally, real estate cause housing was more affordable in this crative one for politicians, with more than would be one of those options. But with that rural town. We are 8 miles from I-84, and just $14 million from the Industry reported to the market collapsed investors are turning to- about everything requires us to drive to the Federal Election Commission by the end of ward commodities such as gold, corn and oil. freeway and beyond. My husband works 8 April, according to the Center for Responsive Plus, every time there is some geopolitical miles from home; our adult daughter works Politics.’’ fear, prices rise. The latest such tension 8 miles from home; our adult son works 12 ‘‘And again, that money is flowing mostly comes as Israel and Iran, the world’s fourth miles from home; and I spend my time driv- to Republicans—this time about 73 percent largest oil exporter, are having a way of ing to doctor appointments in Meridian and of contributions.’’ words. Israel has threatened to attack Iran’s downtown Boise (12–20 miles)—and back. As ‘‘But there is more money at stake. The oil nuclear program, and Iran has threatened a you mentioned, there is no public transpor- and gas companies spend millions of addi- strong reprisal. tation. tional dollars, hiring a mass of lobbyists to This above came from the ABC News—June During the summer, our children work al- push legislation their way. In the last dec- 11, 2008. most fulltime, and they each earn approxi- ade, the Center for Responsive Politics has I understand there is a very large quantity mately $1,000 per month. They both drive tracked more than $640 million spent by oil of oil in North Dakota, Montana and South- high-mileage vehicles, but their gasoline bill and gas companies on lobbying.’’ ern Saskatchewan. What’s the problem with is now approximately $120 per month. When Not all the blame rests with politicians. going after these? I would appreciate your the school year begins, they will both cut We Americans are addicted to our cars, response to the above. Thanks you for the back on their working hours and increase driving more than necessary, thanks, at one opportunity to relate these issues to you. the number of miles they drive, as they both time, to cheap gas. Instead of living close to HELEN, Rupert. attend BSU. Their income will drop to ap- our workplaces, we have chosen to live in proximately $700 per month, and they will be large suburban developments or in faraway I would like to thank all the players in adding approximately 70 miles per week to rural areas that require a car for even the Washington DC for bringing the price of oil their mileage, at an estimated additional simplest of errands. Americans spend more up to its current level to help save the envi- cost of $70 per month. If their schedules per- than 100 hours commuting to work each ronment, I never realized how green the ad- mit, they can carpool to school, leaving a car year, according to the U.S. Census Bureau. ministration and Congress actually were. Al- in Meridian so they can each drive to work That is more time than most Americans lowing jobs to be shipped over seas, bor- in the afternoon. Obviously, this does not spend on vacation. In 2003, the average daily rowing money from China to fund a war that leave much room in their budgets for car in- commute was more than 24 minutes. And cannot be won, and allowing the housing cri- surance and other expenses. Fortunately, most of that time is spent alone in a car. sis to occur are all some of the best policies they live at home with us. America has less than 5 percent of the one could think of to raise the cost of fuel My husband and I have greatly reduced the world’s population but we consume about 25 for the little guy and at the same time re- number of times we go out to dinner, and we percent of the world’s energy resources. ducing the emission of greenhouse gases. I select more fast-food restaurants lately. We China and India are rapidly increasing their would like to thank all the millionaires that try to run our errands while we are out in share of the energy market—which is helping we have representing us in DC; I am sure Meridian and combine trips. My husband re- to drive up prices—but America still domi- they all have fully funded re-election war cently had to fly to Florida on business. Nor- nates. chests. Thank you for using your time wisely mally, we would pay for me to join him; we Americans have abandoned cities to live in by trying to save brain-dead people, pre- did not do that this time, as airline tickets sprawling suburbs that require a car. Ameri- venting gays from getting married, and sup- are prohibitive. We had already arranged to cans have also been buying large gas-guz- porting the upper 1% of families instead of rent a cabin in California for a week, as our

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.000 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 537 summer vacation, and that trip begins next ADDITIONAL STATEMENTS special exchange program with the week. Since we are taking five adults and Foreign Service, he was allowed to re- two cats, we will be driving a Chevy Subur- turn to Iowa to join the staff of Gov- ban (ouch!). We have not even estimated TRIBUTE TO AMBASSADOR ernor Robert Ray. He played a lead role what that is going to cost in gasoline, be- KENNETH QUINN in the Governor’s program to resettle cause calculating it would only ruin our va- ∑ cation. It will be interesting to find out Mr. HARKIN. Mr. President, during a Indochinese refugees in Iowa, and he which was the higher cost, the rental of the long and distinguished career in many served as executive director of the 1979 cabin or the gasoline for the car. Needless to fields of public service, Ambassador Iowa SHARES Program, which sent say, we will not be renting a cabin in Cali- Kenneth Quinn has received countless Iowa medical personnel, supplies, and fornia for our next vacation if gas prices con- awards and honors. But I daresay that food to Cambodia during a period of tinue to be this high. We are also seeing the the award he will receive tomorrow mass starvation there. prices of groceries inch up. The cereal boxes from the Department of Defense is the Following his retirement from the and ice cream cartons are smaller, but they longest delayed and hardest earned of run out faster. My husband and I do not have State Department 8 years ago this a lot of cushion in our budget to help our his distinctions. Ambassador Quinn month, Ambassador Quinn returned to children with their budgets. I am unable to will become the first civilian ever to Iowa to assume leadership of the World work because of health issues (but social se- receive the Air Medal for Combat Serv- Food Prize Foundation, the Des curity does not want to pay me the dis- ice, an award created during World War Moines-based organization dedicated to ability benefits I earned). My husband’s em- II to honor courageous and meritorious ending hunger around the world by pro- ployment at Western States Equipment (Cat- service in aerial combat. moting the sustainable production and erpillar) is all that is keeping us afloat. From November 1968 to June 1973, distribution of an adequate and nutri- Thank you so much for all that you do for Kenneth Quinn served as a Foreign tious food supply. The World Food Idaho families, and we hope this information Service officer in Vietnam. For his Prize—created by Nobel Peace Prize- helps you in your endeavors. Any help would first 2 years in that country, he was as- winner and Iowa native Dr. Norman be great. signed to Advisory Team 65 in Sa Dec SONDRA, Kuna. Borlaug and supported for many years Province, replacing an Army major as by Iowa business leader and philan- senior adviser to the team. In that ca- thropist John Ruan—is the most pres- Energy prices affect all aspects of our pacity, he took part in the same mili- tigious international award recog- lives. Food, home heating, all shipping tary activities and combat operations nizing exemplary work in improving charges, it goes on and on. Most of us are as his military predecessors. All to- the quality, quantity, or availability of fearful of our heating costs for this winter taled, he participated in some 250 hours food in the world. coming. We had such a long cold winter, if it of helicopter combat operations. He costs double it will hurt everyone. I really Mr. President, Ambassador Quinn has feel for the young families. There costs for served in night helicopter patrols over served our Nation as a diplomat, a sol- housing, cars, food, energy and all that chil- Viet Cong-held sectors and took part in dier, and a passionate humanitarian. dren need, it is almost impassable without helicopter operations to insert and ex- At every stage of his brilliant career in help. We have to drill for oil and build refin- tract troops from the battlefield. On public service, he has embodied Amer- eries. We should not be paying other coun- other occasions, he directed helicopter ica’s highest ideals, and he has earned tries for energy that we can produce here. It gunship operations from a command- renown for his courage, initiative, and does not make any sense. Please help make and-control helicopter flying just sev- selfless dedication. I join with my col- the [Congress] understand. eral hundred feet above the battlefield, JULIE, Worley. leagues in the Senate in congratulating repeatedly coming under enemy fire. Ambassador Quinn as he becomes, to- On still other occasions, he partici- morrow in Washington, the first civil- If I see or hear of fossil fuel one more time, pated in ground combat operations, ian ever to be awarded the Air Medal my head will explode. It is not from fossils. night ambushes, and brown water for Combat Service.∑ How did they get that deep in the earth. Abi- naval combat operations. otic oil—do your research. Now on this stu- This is just one chapter in the re- f pid carbon credit [issue] related to so-called markably accomplished career of this global warming—we all could stop breathing Dubuque, IA, native. He served for MESSAGE FROM THE PRESIDENT that cut CO2 by 90% and the Earth could stabilize÷÷. Thank you for doing what you more than three decades in the Foreign The following message from the can. Service, becoming one of the most President of the United States was JEFF, Nampa. decorated and respected American dip- transmitted to the Senate by one of his lomats of his generation. Ambassador secretaries: Quinn was one of the U.S. Govern- The way the energy crisis have impacted ment’s top experts on Indochina, hav- my life is I have come to the realization that f are politicians in Washington are more in- ing written his doctoral dissertation on terested in protecting big business than their Pol Pot’s regime in Cambodia. Indeed, REPORT RELATIVE TO THE EMER- constituents. Nothing is done about illegal he is widely acknowledged to have been GENCY ECONOMIC STABILIZA- immigration because it might affect the the first westerner to discover and re- TION ACT OF 2008—PM 2 economy but the only thing more important port on the holocaust being per- to the economic infrastructure of the USA petrated by the Khmer Rouge. Later, The PRESIDING OFFICER laid be- then cheap fuel is oxygen. Drill for oil, build while serving as Ambassador to Cam- fore the Senate the following message nuclear power plants, construct windmill bodia, he played a key role in the 1999 from the President of the United farms and offer incentives for solar power States, together with an accompanying and preserve what is left of our way of life capture of the last remaining Khmer Rouge general. Upon his retirement as report; which was referred to the Com- for future generation. mittee on Banking, Housing, and DALE, USMC retired. Ambassador to Cambodia, he was pre- sented the Secretary of State’s Award Urban Affairs: for Heroism and Valor for protecting To the Congress of the United States: From where I am sitting, [too many in Americans citizens exposed to danger Consistent with section 115(a)(3) of Congress] are directly responsible for the current high energy prices. The Bush energy in Cambodia and for his participation the Emergency Economic Stabilization policy was decided by Vice President Cheney in four lifesaving rescues in Vietnam. Act of 2008 (Public Law 110–343) (the and oil company executives. Even now you The common theme in Ambassador ‘‘Act’’), I hereby transmit a report de- are protecting Big Oil profits at the expense Quinn’s career has been his commit- tailing the plan of the Secretary of the of alternate energy support. ment to serving causes higher than Treasury to exercise the authority Your feigned attempt at feeling my pain himself. He has undertaken humani- under the Act. falls on my deaf ears. tarian missions that have saved count- GEORGE W. BUSH. MARVIN. less thousands of lives. In 1978, under a THE WHITE HOUSE, January 12, 2009.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 538 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 MESSAGE FROM THE HOUSE received in the Office of the President of the grams, National Marine Fisheries Service, Senate on January 5, 2009; to the Committee Department of Commerce, transmitting, pur- At 2:36 p.m., a message from the on Banking, Housing, and Urban Affairs. suant to law, the report of a rule entitled House of Representatives, delivered by EC–332. A communication from the Chief ‘‘Sea Turtle Conservation; Fishing Gear In- Mrs. Cole, one of its reading clerks, an- Counsel, Federal Emergency Management spection Program’’ (RIN0648–AU98) received nounced that the House has passed the Agency, Department of Homeland Security, in the Office of the President of the Senate following bill, in which it requests the transmitting, pursuant to law, the report of on January 5, 2009; to the Committee on concurrence of the Senate: a rule entitled ‘‘Changes in Flood Elevation Commerce, Science, and Transportation. H.R. 11. An act to amend title VII of Determinations’’ ((44 CFR Part 65)(73 FR EC–342. A communication from the Deputy 76230)) received in the Office of the President Assistant Administrator for Regulatory Pro- the Civil Rights Act of 1964 and the Age grams, National Marine Fisheries Service, Discrimination in Employment Act of of the Senate on January 5, 2009; to the Com- mittee on Banking, Housing, and Urban Af- Department of Commerce, transmitting, pur- 1967, and to modify the operation of the fairs. suant to law, the report of a rule entitled Americans with Disabilities Act of 1990 EC–333. A communication from the Acting ‘‘Taking of Marine Mammals Incidental to and the Rehabilitation Act of 1973, to Secretary, Division of Corporation Finance, Commercial Fishing Operations; Atlantic clarify that a discriminatory com- Securities and Exchange Commission, trans- Large Whale Take Reduction Plan’’ pensation decision or other practice mitting, pursuant to law, the report of a rule (RIN0648–XL74) received in the Office of the President of the Senate on January 5, 2009; that is unlawful under such Acts occurs entitled ‘‘Modernization of Oil and Gas Re- porting’’ (RIN3235–AK00) received in the Of- to the Committee on Commerce, Science, each time compensation is paid pursu- and Transportation. ant to the discriminatory compensa- fice of the President of the Senate on Janu- ary 5, 2009; to the Committee on Banking, EC–343. A communication from the Deputy tion decision or other practice, to Housing, and Urban Affairs. Assistant Administrator for Regulatory Pro- grams, National Marine Fisheries Service, amend the Fair Labor Standards Act of EC–334. A communication from the Under Department of Commerce, transmitting, pur- 1938 to provide more effective remedies Secretary of Commerce for Oceans and At- suant to law, the report of a rule entitled to victims of discrimination in the mosphere, transmitting, pursuant to law, a ‘‘Taking of Marine Mammals Incidental to report relative to the National Oceano- payment of wages on the basis of sex, Commercial Fishing Operations; Atlantic graphic Partnership Program; to the Com- and for other purposes. Large Whale Take Reduction’’ (RIN0648– mittee on Commerce, Science, and Transpor- XL75) received in the Office of the President f tation. of the Senate on January 5, 2009; to the Com- EC–335. A communication from the Sec- EXECUTIVE AND OTHER mittee on Commerce, Science, and Transpor- retary, Federal Trade Commission, transmit- COMMUNICATIONS tation. ting, pursuant to law, a report entitled ‘‘Re- EC–344. A communication from the Deputy The following communications were port to Congress Under Section 319 of the laid before the Senate, together with Assistant Administrator for Regulatory Pro- Fair and Accurate Credit Transactions Act grams, National Marine Fisheries Service, accompanying papers, reports, and doc- of 2003 (December 2008)’’; to the Committee Department of Commerce, transmitting, pur- uments, and were referred as indicated: on Commerce, Science, and Transportation. suant to law, the report of a rule entitled EC–326. A communication from the Direc- EC–336. A communication from the Assist- ‘‘Taking of Marine Mammals Incidental to tor, Regulatory Management Division, Envi- ant Administrator for Legislative and Inter- Commercial Fishing Operations; Atlantic ronmental Protection Agency, transmitting, governmental Affairs, National Aeronautics Large Whale Take Reduction’’ (RIN0648– pursuant to law, the report of a rule entitled and Space Administration, transmitting, XM19) received in the Office of the President ‘‘novaluron; Pesticide Tolerances Technical pursuant to law, a report relative to the Ad- of the Senate on January 5, 2009; to the Com- Amendment’’ ((EPA–HQ–OPP–2007– ministration’s competitive sourcing activi- mittee on Commerce, Science, and Transpor- 0438)(FRL–8396–4)) received in the Office of ties during fiscal year 2008; to the Committee tation. the President of the Senate on January 5, on Commerce, Science, and Transportation. EC–345. A communication from the Acting 2009; to the Committee on Agriculture, Nu- EC–337. A communication from the Execu- Director of the Office of Sustainable Fish- trition, and Forestry. tive Director, Consumer Product Safety eries, National Marine Fisheries Service, De- EC–327. A communication from the Under Commission, transmitting, pursuant to law, partment of Commerce, transmitting, pursu- Secretary for Industry and Security, Depart- a report relative to the Commission’s com- ant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant petitive sourcing efforts during fiscal year ‘‘Magnuson-Stevens Fishery Conservation to law, a report relative to the Department’s 2008; to the Committee on Commerce, and Management Act Provisions; Fisheries intent to impose new foreign policy-based Science, and Transportation. of the Northeastern United States; North- export controls on certain persons in Burma; EC–338. A communication from the Deputy east Multispecies Fishery; Increase of the to the Committee on Banking, Housing, and Assistant Administrator for Regulatory Pro- Landing Limit for Eastern Georges Bank Cod Urban Affairs. grams, National Marine Fisheries Service, in the U.S./Canada Management Area’’ EC–328. A communication from the Sec- Department of Commerce, transmitting, pur- (RIN0648–XL94) received in the Office of the retary of Housing and Urban Development, suant to law, the report of a rule entitled President of the Senate on January 5, 2009; transmitting, pursuant to law, the Office of ‘‘Taking of Marine Mammals Incidental to to the Committee on Commerce, Science, Inspector General’s Semiannual Report for Commercial Fishing Operations; Atlantic and Transportation. the period of April 1, 2008, through Sep- Large Whale Take Reduction Plan’’ EC–346. A communication from the Acting tember 30, 2008; to the Committee on Bank- (RIN0648–XM18) received in the Office of the Director of the Office of Sustainable Fish- ing, Housing, and Urban Affairs. President of the Senate on January 5, 2009; eries, National Marine Fisheries Service, De- EC–329. A communication from the Deputy to the Committee on Commerce, Science, partment of Commerce, transmitting, pursu- Secretary of the Treasury, transmitting, and Transportation. ant to law, the report of a rule entitled pursuant to law, a six-month periodic report EC–339. A communication from the Deputy ‘‘Magnuson-Stevens Act Provisions; Fish- on the national emergency that was declared Assistant Administrator for Regulatory Pro- eries Off West Coast States; Pacific Coast in Executive Order 12947 with respect to ter- grams, National Marine Fisheries Service, Groundfish Fishery; Biennial Specifications rorists who threaten to disrupt the Middle Department of Commerce, transmitting, pur- and Management Measures; In-season Ad- East peace process; to the Committee on suant to law, the report of a rule entitled justments’’ (RIN0648–AX46) received in the Banking, Housing, and Urban Affairs. ‘‘Sea Turtle Conservation; Shrimp Trawling Office of the President of the Senate on Jan- EC–330. A communication from the Chief Requirements’’ (RIN0648–XL11) received in uary 5, 2009; to the Committee on Commerce, Counsel, Federal Emergency Management the Office of the President of the Senate on Science, and Transportation. Agency, Department of Homeland Security, January 5, 2009; to the Committee on Com- EC–347. A communication from the Assist- transmitting, pursuant to law, the report of merce, Science, and Transportation. ant Secretary for Export Administration, a rule entitled ‘‘Final Flood Elevation Deter- EC–340. A communication from the Deputy Bureau of Industry and Security, Depart- minations’’ ((44 CFR Part 67)(73 FR 76234)) Assistant Administrator for Regulatory Pro- ment of Commerce, transmitting, pursuant received in the Office of the President of the grams, National Marine Fisheries Service, to law, the report of a rule entitled ‘‘Chem- Senate on January 5, 2009; to the Committee Department of Commerce, transmitting, pur- ical Weapons Convention Regulations: Addi- on Banking, Housing, and Urban Affairs. suant to law, the report of a rule entitled tions to the List of States Parties; Updates EC–331. A communication from the Chief ‘‘List of Fisheries for 2009’’ (RIN0648–AW48) to Contact Information for the Treaty Com- Counsel, Federal Emergency Management received in the Office of the President of the pliance Division; Editorial Corrections’’ Agency, Department of Homeland Security, Senate on January 5, 2009; to the Committee (RIN0694–AE39) received in the Office of the transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. President of the Senate on January 7, 2009; a rule entitled ‘‘Changes in Flood Elevation EC–341. A communication from the Deputy to the Committee on Commerce, Science, Determinations’’ (Docket No. FEMA–B–1023) Assistant Administrator for Regulatory Pro- and Transportation.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 539 EC–348. A communication from the Acting ganization’s 990 Return of Organization Ex- ceived in the Office of the President of the Administrator, Energy Information Adminis- empt From Income Tax; to the Committee Senate on January 5, 2009; to the Committee tration, Department of Energy, transmit- on Finance. on Finance. ting, pursuant to law, a report entitled ‘‘Per- EC–358. A communication from the Assist- EC–368. A communication from the Chief of formance Profiles of Major Energy Producers ant Secretary, Office of Legislative Affairs, the Publications and Regulations Branch, In- 2007’’; to the Committee on Energy and Nat- Department of State, transmitting, pursuant ternal Revenue Service, Department of the ural Resources. to law, a report relative to extending certain Treasury, transmitting, pursuant to law, the EC–349. A communication from the Sec- Memorandums of Understanding; to the report of a rule entitled ‘‘Areas in which rul- retary of Energy, transmitting, pursuant to Committee on Finance. ings will not be issued; Associate Chief Coun- law, an annual report relative to the Stra- EC–359. A communication from the Direc- sel (International)’’ (Rev. Proc. 2009–7) re- tegic Petroleum Reserve for calendar year tor of Administration, National Labor Rela- ceived in the Office of the President of the 2007; to the Committee on Energy and Nat- tions Board, transmitting, pursuant to law, a Senate on January 7, 2009; to the Committee ural Resources. report relative to competitive sourcing ef- on Finance. EC–350. A communication from the Assist- forts; to the Committee on Finance. EC–369. A communication from the Chief of ant Secretary, Bureau of Land Management, EC–360. A communication from the Chief of the Publications and Regulations Branch, In- Department of the Interior, transmitting, the Publications and Regulations Branch, In- ternal Revenue Service, Department of the pursuant to law, the report of a rule entitled ternal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the ‘‘Leasing of Solid Minerals Other Than Coal Treasury, transmitting, pursuant to law, the report of a rule relative to temporary guid- and Oil Shale’’ (RIN1004–AD91) received in report of a rule entitled ‘‘Section 482: Meth- ance regarding the application of Section 305 the Office of the President of the Senate on ods to Determine Taxable Income in Connec- (Rev. Proc. 2009–15) received in the Office of January 7, 2009; to the Committee on Energy tion With a Cost Sharing Arrangement’’ the President of the Senate on January 8, and Natural Resources. (RIN1545–BI46) received in the Office of the 2009; to the Committee on Finance. EC–351. A communication from the Direc- President of the Senate on January 8, 2009; EC–370. A communication from the Chief of tor, Fish and Wildlife Service, Department of to the Committee on Finance. the Publications and Regulations Branch, In- the Interior, transmitting, pursuant to law, EC–361. A communication from the Chief of ternal Revenue Service, Department of the the 2005 and 2006 annual reports relative to the Publications and Regulations Branch, In- Treasury, transmitting, pursuant to law, the identifiable expenditures for the conserva- ternal Revenue Service, Department of the report of a rule ‘‘Calculation of Volume of tion of endangered and threatened species by Treasury, transmitting, pursuant to law, the Alcohol for Fuel Credits; Denaturants’’ (No- Federal and State agencies; to the Com- report of a rule entitled ‘‘Employer’s Annual tice 2009–06) received in the Office of the mittee on Environment and Public Works. Federal Tax Return and Modifications to the President of the Senate on January 8, 2009; EC–352. A communication from the Direc- Deposit Rules’’ (RIN1545–BI39) received in to the Committee on Finance. tor, Defense Procurement, Acquisition Pol- the Office of the President of the Senate on EC–371. A communication from the Chief of icy, and Strategic Sourcing, Department of January 7, 2009; to the Committee on Fi- the Publications and Regulations Branch, In- Defense, transmitting, pursuant to law, the nance. ternal Revenue Service, Department of the report of a rule entitled ‘‘Defense Federal EC–362. A communication from the Chief of Treasury, transmitting, pursuant to law, the Acquisition Regulation Supplement; Clean the Publications and Regulations Branch, In- report of a rule entitled ‘‘Creditor Con- Air Act and Clean Water Act Exemptions’’ ternal Revenue Service, Department of the tinuity of Interest’’ (RIN1545–BC88) received (RIN0750–AF97) received in the Office of the Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate President of the Senate on January 9, 2009; report of a rule entitled ‘‘Advisor Payments on January 8, 2009; to the Committee on Fi- to the Committee on Environment and Pub- to Money Market Funds’’ (Rev. Proc. 2009–10) nance. lic Works. received in the Office of the President of the EC–372. A communication from the Pro- EC–353. A communication from the Direc- Senate on January 7, 2009; to the Committee gram Manager, Centers for Medicare and tor, Regulatory Management Division, Envi- on Finance. Medicaid Services, Department of Health ronmental Protection Agency, transmitting, EC–363. A communication from the Chief of and Human Services, transmitting, pursuant pursuant to law, the report of a rule entitled the Publications and Regulations Branch, In- to law, the report of a rule entitled ‘‘Medi- ‘‘Approval and Promulgation of Air Quality ternal Revenue Service, Department of the care Program; Medicare Advantage and Pre- Implementation Plans; West Virginia; Up- Treasury, transmitting, pursuant to law, the scription Drug Benefit Programs: Negotiated date to Materials Incorporated by Ref- report of a rule entitled ‘‘Disclosure of Re- Pricing and Remaining Revisions’’ (RIN0938– erence’’ (FRL–8750–1) received in the Office turn Information to the Bureau of Economic AP24) received in the Office of the President of the President of the Senate on January 7, Analysis’’ (RIN1545–BC93) received in the Of- of the Senate on January 7, 2009; to the Com- 2009; to the Committee on Environment and fice of the President of the Senate on Janu- mittee on Finance. Public Works. ary 7, 2009; to the Committee on Finance. EC–373. A communication from the Assist- EC–354. A communication from the Direc- EC–364. A communication from the Chief of ant Secretary, Office of Legislative Affairs, tor, Regulatory Management Division, Envi- the Publications and Regulations Branch, In- Department of State, transmitting, pursuant ronmental Protection Agency, transmitting, ternal Revenue Service, Department of the to law, a report relative to the waiver of re- pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the imbursement under the United Nations Par- ‘‘Approval and Promulgation of Implementa- report of a rule entitled ‘‘Consolidated Re- ticipation Act to support the United Nations/ tion Plans; Washington; Interstate Trans- turns; Intercompany Obligations’’ (RIN1545– African Union Mission in Darfur; to the port of Pollution’’ (FRL–8760–7) received in BA11) received in the Office of the President Committee on Foreign Relations. the Office of the President of the Senate on of the Senate on January 7, 2009; to the Com- EC–374. A communication from the Assist- January 7, 2009; to the Committee on Envi- mittee on Finance. ant Secretary, Office of Legislative Affairs, ronment and Public Works. EC–365. A communication from the Chief of Department of State, transmitting, pursuant EC–355. A communication from the Direc- the Publications and Regulations Branch, In- to law, a report relative to training of con- tor, Regulatory Management Division, Envi- ternal Revenue Service, Department of the sular officers to counter terrorist travel; to ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Section 529 Pro- EC–375. A communication from the Assist- ‘‘Civil Monetary Penalty Inflation Adjust- grams’’ (Notice 2009–1) received in the Office ant Secretary, Office of Legislative Affairs, ment Rule’’ (RIN2020–AA46) received in the of the President of the Senate on January 7, Department of State, transmitting, pursuant Office of the President of the Senate on Jan- 2009; to the Committee on Finance. to law, the semiannual report on the contin- uary 7, 2009; to the Committee on Environ- EC–366. A communication from the Chief of ued compliance of Azerbaijan, Kazakhstan, ment and Public Works. the Publications and Regulations Branch, In- Moldova, the Russian Federation, EC–356. A communication from the Direc- ternal Revenue Service, Department of the Tajikistan, and Uzbekistan with the 1974 tor, Regulatory Management Division, Envi- Treasury, transmitting, pursuant to law, the Trade Act’s freedom of emigration provi- ronmental Protection Agency, transmitting, report of a rule entitled ‘‘Guidance regarding sions, as required under the Jackson-Vanik pursuant to law, the report of a rule entitled foreign base company sales income’’ Amendment; to the Committee on Foreign ‘‘Extract of Chenopodium ambrosioides near (RIN1545–BI50) received in the Office of the Relations. ambrosioides; Exemption from the Require- President of the Senate on January 7, 2009; EC–376. A communication from the Assist- ment of a Tolerance’’ (FRL–8396–2) received to the Committee on Finance. ant Legal Adviser for Treaty Affairs, Depart- in the Office of the President of the Senate EC–367. A communication from the Deputy ment of State, transmitting, pursuant to the on January 7, 2009; to the Committee on En- Director, Office of Regulations, Social Secu- Case-Zablocki Act, 1 U.S.C. 112b, as amended, vironment and Public Works. rity Administration, transmitting, pursuant the report of the texts and background state- EC–357. A communication from the Na- to law, the report of a rule entitled ‘‘Clari- ments of international agreements, other tional Treasurer, American Ex–Prisoners of fication of Evidentiary Standard for Deter- than treaties (List 2008–222—2008–227); to the War, transmitting, pursuant to law, the or- minations and Decisions’’ (RIN0960–AG75) re- Committee on Foreign Relations.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 540 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 EC–377. A communication from the Assist- EC–387. A communication from the Sec- Attorney, Western District of Virginia, re- ant Legal Adviser for Treaty Affairs, Depart- retary, Smithsonian Institution, transmit- ceived in the Office of the President of the ment of State, transmitting, pursuant to the ting, pursuant to law, an annual report rel- Senate on January 8, 2009; to the Committee Case-Zablocki Act, 1 U.S.C. 112b, as amended, ative to the Institution’s competitive on the Judiciary. the report of the texts and background state- sourcing activities during fiscal year 2008; to EC–398. A communication from the Deputy ments of international agreements, other the Committee on Homeland Security and White House Liaison, Department of Justice, than treaties (List 2008–228—2008–236); to the Governmental Affairs. transmitting, pursuant to law, the report of Committee on Foreign Relations. EC–388. A communication from the Deputy a change in previously submitted reported EC–378. A communication from the Sec- Secretary of Defense, transmitting, pursuant information in the position of United States retary of Health and Human Services, trans- to law, the Office of Inspector General’s Attorney, Western District of Tennessee, re- mitting, pursuant to law, the eighth annual Semiannual Report for the period of April 1, ceived in the Office of the President of the report for the Temporary Assistance for 2008, through September 30, 2008; to the Com- Senate on January 8, 2009; to the Committee Needy Families Program; to the Committee mittee on Homeland Security and Govern- on the Judiciary. on Health, Education, Labor, and Pensions. mental Affairs. EC–399. A communication from the Chair- EC–379. A communication from the Direc- EC–389. A communication from the Acting man, Office of General Counsel, Federal tor of the Office of Standards, Regulations, Administrator, General Services Administra- Election Commission, transmitting, pursu- and Variances, Mine Safety and Health Ad- tion, transmitting, pursuant to law, a report ant to law, the report of a rule entitled ‘‘Re- ministration, Department of Labor, trans- relative to the Administration’s competitive peal of Increased Contribution and Coordi- mitting, pursuant to law, the report of a rule sourcing efforts during fiscal year 2008; to nated Party Expenditure Limits for Can- entitled ‘‘Flame-Resistant Conveyor Belt, the Committee on Homeland Security and didates Opposing Self-financed Candidates’’ Fire Prevention and Detection, and Use of Governmental Affairs. (Notice 2008–14) received in the Office of the Air From the Belt Entry’’ (RIN1219–AB59) re- EC–390. A communication from the Inspec- President of the Senate on January 5, 2009; ceived in the Office of the President of the tor General, General Services Administra- to the Committee on Rules and Administra- Senate on January 7, 2009; to the Committee tion, transmitting, pursuant to law, the Of- tion. on Health, Education, Labor, and Pensions. fice of Inspector General’s Semiannual Re- EC–400. A communication from the Sec- EC–380. A communication from the Sec- port for the six-month period ending Sep- retary of Veterans Affairs, transmitting, retary, Railroad Retirement Board, trans- tember 30, 2008; to the Committee on Home- pursuant to law, a report relative to expendi- mitting, pursuant to law, a report relative to land Security and Governmental Affairs. tures from the Pershing Hall Revolving the Board’s competitive sourcing activities EC–391. A communication from the Chair- Fund; to the Committee on Veterans’ Af- during fiscal year 2008; to the Committee on man, National Capital Planning Commis- fairs. Health, Education, Labor, and Pensions. sion, transmitting the Commission’s 2009– EC–401. A communication from the Con- EC–381. A communication from the Assist- 2014 Strategic Plan; to the Committee on gressional Review Coordinator, Animal and ant Secretary for Administration and Man- Homeland Security and Governmental Af- Plant Health Inspection Service, Department agement, Department of Health and Human fairs. of Agriculture, transmitting, pursuant to Services, transmitting, pursuant to law, an EC–392. A communication from the Acting law, the report of a rule entitled ‘‘Importa- annual report relative to the Department’s Associate General Counsel for General Law, tion of Cattle From Mexico; Addition of Port competitive sourcing efforts during fiscal Department of Homeland Security, transmit- at San Luis, AZ’’ (RIN0579–AC63) received in year 2008; to the Committee on Health, Edu- ting, pursuant to law, the report of a va- the Office of the President of the Senate on cation, Labor, and Pensions. cancy and designation of acting officer in the January 7, 2009; to the Committee on Agri- EC–382. A communication from the Deputy position of Chief Financial Officer, received culture, Nutrition, and Forestry. Assistant Secretary for Policy, Employee in the Office of the President of the Senate EC–402. A communication from the Con- Benefits Security Administration, Depart- on January 7, 2009; to the Committee on gressional Review Coordinator, Animal and ment of Labor, transmitting, pursuant to Homeland Security and Governmental Af- Plant Health Inspection Service, Department law, the report of a rule entitled ‘‘Civil Pen- fairs. of Agriculture, transmitting, pursuant to alties Under ERISA Section 502(c)(4)’’ EC–393. A communication from the Direc- law, the report of a rule entitled ‘‘Viral Hem- (RIN1210–AB24) received in the Office of the tor of Legislative Affairs, Office of the Direc- orrhagic Septicemia; Interstate Movement President of the Senate on January 7, 2009; tor of National Intelligence, transmitting, and Import Restrictions on Certain Live to the Committee on Health, Education, pursuant to law, a report of relative to the Fish’’ (RIN0579–AC74) received in the Office Labor, and Pensions. designation of acting officer in the position of the President of the Senate on January 7, EC–383. A communication from the Direc- of Associate Director of National Intel- 2009; to the Committee on Agriculture, Nu- tor, Legislative and Regulatory Department, ligence and Chief Information Officer, re- trition, and Forestry. Pension Benefit Guaranty Corporation, ceived in the Office of the President of the EC–403. A communication from the Admin- transmitting, pursuant to law, the report of Senate on November 13, 2008; to the Select istrator, Agricultural Marketing Service, a rule entitled ‘‘Benefits Payable in Termi- Committee on Intelligence. Department of Agriculture, transmitting, nated Single-Employer Plans; Allocation of EC–394. A communication from the Acting pursuant to law, the report of a rule entitled Assets in Single-Employer Plans; Interest Clerk of Court, U.S. Court of Federal Claims, ‘‘Walnuts Grown in California; Section 610 Assumptions for Valuing and Paying Bene- transmitting, pursuant to law, the Court’s Review’’ ((Docket No. AMS–FV–08– fits’’ (29 CFR Parts 4022 and 4044) received in annual report for the year ended September 0010)(FV08–984–610)) received in the Office of the Office of the President of the Senate on 30, 2008; to the Committee on the Judiciary. the President of the Senate on January 7, January 8, 2009; to the Committee on Health, EC–395. A communication from the Acting 2009; to the Committee on Agriculture, Nu- Education, Labor, and Pensions. General Counsel, Executive Office for Immi- trition, and Forestry. EC–384. A communication from the Direc- gration Review, Department of Justice, EC–404. A communication from the Admin- tor of the Office of Standards, Regulations, transmitting, pursuant to law, the report of istrator, Agricultural Marketing Service, and Variances, Mine Safety and Health Ad- a rule entitled ‘‘Professional Conduct for Department of Agriculture, transmitting, ministration, Department of Labor, trans- Practitioners—Rules and Procedures, and pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule Representation and Appearances’’ (RIN1125– ‘‘Lamb Promotion and Research Program: entitled ‘‘Refuge Alternatives for Under- AA59) received in the Office of the President Procedures To Request Conduct of a Ref- ground Coal Mines’’ (RIN1219–AB58) received of the Senate on January 7, 2009; to the Com- erendum’’ (Docket No. LS–08–0041) received in the Office of the President of the Senate mittee on the Judiciary. in the Office of the President of the Senate on January 7, 2009; to the Committee on EC–396. A communication from the Acting on January 7, 2009; to the Committee on Ag- Health, Education, Labor, and Pensions. General Counsel, Executive Office for Immi- riculture, Nutrition, and Forestry. EC–385. A communication from the General gration Review, Department of Justice, EC–405. A communication from the Admin- Counsel, Office of Government Ethics, trans- transmitting, pursuant to law, the report of istrator, Agricultural Marketing Service, mitting, pursuant to law, a report relative to a rule entitled ‘‘Voluntary Departure: Effect Department of Agriculture, transmitting, competitions initiated or conducted in fiscal of a Motion To Reopen or Reconsider or a pursuant to law, the report of a rule entitled year 2008; to the Committee on Homeland Se- Petition for Review’’ (RIN1125–AA60) re- ‘‘Cotton Board Rules and Regulations: Ad- curity and Governmental Affairs. ceived in the Office of the President of the justing Supplemental Assessment on Imports EC–386. A communication from the Archi- Senate on January 7, 2009; to the Committee (2008 Amendments)’’ ((Docket No. AMS–CN– vist of the United States, National Archives on the Judiciary. 08–0040)(CN–08–002)) received in the Office of and Records Administration, transmitting, EC–397. A communication from the Deputy the President of the Senate on January 7, pursuant to law, the Organization’s Perform- White House Liaison, Department of Justice, 2009; to the Committee on Agriculture, Nu- ance and Accountability Report for fiscal transmitting, pursuant to law, the report of trition, and Forestry. year 2008; to the Committee on Homeland Se- a change in previously submitted reported EC–406. A communication from the Admin- curity and Governmental Affairs. information in the position of United States istrator, Agricultural Marketing Service,

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 541 Department of Agriculture, transmitting, ment of Defense and the Green Procurement icy, and Strategic Sourcing, Department of pursuant to law, the report of a rule entitled Plan; to the Committee on Armed Services. Defense, transmitting, pursuant to law, the ‘‘Dried Prunes Produced in California; De- EC–415. A communication from the Under report of a rule entitled ‘‘Defense Federal creased Assessment Rate’’ ((Docket No. Secretary of Defense (Acquisition, Tech- Acquisition Regulation Supplement; Whis- AMS–FV–08–0060)(FV08–993–1 FIR)) received nology and Logistics), transmitting, pursu- tleblower Protections for Contractor Em- in the Office of the President of the Senate ant to law, a report relative to the Advanced ployees’’ (RIN0750–AG09) received in the Of- on January 7, 2009; to the Committee on Ag- Extremely High Frequency program; to the fice of the President of the Senate on Janu- riculture, Nutrition, and Forestry. Committee on Armed Services. ary 9, 2009; to the Committee on Armed Serv- EC–407. A communication from the Admin- EC–416. A communication from the Assist- ices. istrator, Agricultural Marketing Service, ant Secretary of the Navy (Installations and EC–424. A communication from the Direc- Department of Agriculture, transmitting, Environment), transmitting, pursuant to tor, Defense Procurement, Acquisition Pol- pursuant to law, the report of a rule entitled law, a report relative to the notification of icy, and Strategic Sourcing, Department of ‘‘Milk in the Northeast and Other Marketing the result of a public-private competition for Defense, transmitting, pursuant to law, the Areas; Final Decision on Proposed Amend- public works functions; to the Committee on report of a rule entitled ‘‘Defense Federal ments to Tentative Marketing Agreements Armed Services. Acquisition Regulation Supplement; Delega- and to Orders and Termination of Pro- EC–417. A communication from the Direc- tion of Authority for Single Award Task or ceeding’’ (((Docket No. AO–14–A76, et tor, Defense Procurement, Acquisition Pol- Delivery Order Contracts’’ (RIN0750–AG14) al.)(DA–07–01)(AMS–DA–07–0116))) received in icy, and Strategic Sourcing, Department of received in the Office of the President of the the Office of the President of the Senate on Defense, transmitting, pursuant to law, the Senate on January 9, 2009; to the Committee January 7, 2009; to the Committee on Agri- report of a rule entitled ‘‘Defense Federal on Armed Services. culture, Nutrition, and Forestry. Acquisition Regulation Supplement; Senior EC–425. A communication from the Assist- EC–408. A communication from the Admin- DoD Officials Seeking Employment with De- ant Secretary for Export Administration, istrator, Agricultural Marketing Service, fense Contractors’’ (RIN0750–AG07) received Bureau of Industry and Security, Depart- Department of Agriculture, transmitting, in the Office of the President of the Senate ment of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled on January 9, 2009; to the Committee on to law, the report of a rule entitled ‘‘Burma: ‘‘Tomatoes Grown in Florida; Partial Ex- Armed Services. Revision of Restrictions on Exports, Reex- emption to the Minimum Grade Require- EC–418. A communication from the Direc- ports and Transfers to Persons Whose Prop- ments’’ ((Docket No. AMS–FV–08–0090)(FV09– tor, Defense Procurement, Acquisition Pol- erty and Interests in Property Area Blocked 966–1 IFR)) received in the Office of the icy, and Strategic Sourcing, Department of Pursuant to Executive Orders’’ (RIN0694– President of the Senate on January 7, 2009; Defense, transmitting, pursuant to law, the AE35) received in the Office of the President to the Committee on Agriculture, Nutrition, report of a rule entitled ‘‘Defense Federal of the Senate on January 8, 2009; to the Com- and Forestry. Acquisition Regulation Supplement; Secu- mittee on Banking, Housing, and Urban Af- EC–409. A communication from the Admin- rity-Guard Functions’’ (RIN0750–AF64) re- fairs. istrator, Agricultural Marketing Service, ceived in the Office of the President of the EC–426. A communication from the Regu- Department of Agriculture, transmitting, Senate on January 9, 2009; to the Committee latory Specialist, Office of the Comptroller pursuant to law, the report of a rule entitled on Armed Services. of the Currency, Department of the Treas- ‘‘Tomatoes Grown in Florida; Section 610 Re- EC–419. A communication from the Direc- ury, transmitting, pursuant to law, the re- view’’ ((Docket No. AMS–FV–08–0009)(FV08– tor, Defense Procurement, Acquisition Pol- port of a rule entitled ‘‘Minimum Capital 966–610)) received in the Office of the Presi- icy, and Strategic Sourcing, Department of Ratios; Capital Adequacy Guidelines; Capital dent of the Senate on January 7, 2009; to the Defense, transmitting, pursuant to law, the Maintenance; Capital: Deduction of Goodwill Committee on Agriculture, Nutrition, and report of a rule entitled ‘‘Defense Federal Net of Associated Deferred Tax Liability’’ Forestry. Acquisition Regulation Supplement; Statu- (RIN1550–AC22) received in the Office of the EC–410. A communication from the Admin- tory Waiver for Commercially Available Off- President of the Senate on January 8, 2009; istrator, Agricultural Marketing Service, the-Shelf Items’’ (RIN0750–AG12) received in to the Committee on Banking, Housing, and Department of Agriculture, transmitting, the Office of the President of the Senate on Urban Affairs. pursuant to law, the report of a rule entitled January 9, 2009; to the Committee on Armed EC–427. A communication from the Regu- ‘‘Pears Grown in Oregon and Washington; Services. latory Specialist, Office of the Comptroller Section 610 Review’’ ((Docket No. AMS–FV– EC–420. A communication from the Direc- of the Currency, Department of the Treas- 08–0008)(FV08–927–610)) received in the Office tor, Defense Procurement, Acquisition Pol- ury, transmitting, pursuant to law, the re- of the President of the Senate on January 7, icy, and Strategic Sourcing, Department of port of a rule entitled ‘‘Community Rein- 2009; to the Committee on Agriculture, Nu- Defense, transmitting, pursuant to law, the vestment Act Regulations’’ (((RIN1557– trition, and Forestry. report of a rule entitled ‘‘Defense Federal AD19)(RIN3064–AD39)(RIN1550–AC29))) re- EC–411. A communication from the Direc- Acquisition Regulation Supplement; Steel ceived in the Office of the President of the tor of the Regulatory Review Group, Com- for Military Construction Projects’’ Senate on January 8, 2009; to the Committee modity Credit Corporation, Department of (RIN0750–AG16) received in the Office of the on Banking, Housing, and Urban Affairs. Agriculture, transmitting, pursuant to law, President of the Senate on January 9, 2009; EC–428. A communication from the Acting the report of a rule entitled ‘‘Direct and to the Committee on Armed Services. Director of the Office of Sustainable Fish- Counter-Cyclical Program and Average Crop EC–421. A communication from the Direc- eries, National Marine Fisheries Service, De- Revenue Election Program’’ (RIN0560–AH84) tor, Defense Procurement, Acquisition Pol- partment of Commerce, transmitting, pursu- received in the Office of the President of the icy, and Strategic Sourcing, Department of ant to law, the report of a rule entitled Senate on January 8, 2009; to the Committee Defense, transmitting, pursuant to law, the ‘‘Fisheries of the Exclusive Economic Zone on Agriculture, Nutrition, and Forestry. report of a rule entitled ‘‘Defense Federal Off Alaska; Greenland Turbot and Rougheye EC–412. A communication from the Under Acquisition Regulation Supplement; Pilot Rockfish in the Bering Sea and Aleutian Is- Secretary, Food, Nutrition, and Consumer Program for Transition to Follow-On Con- lands Management Area’’ (RIN0648–XM30) re- Services, Department of Agriculture, trans- tracting After Use of Other Transaction Au- ceived in the Office of the President of the mitting, pursuant to law, the report of a rule thority’’ (RIN0750–AG17) received in the Of- Senate on January 9, 2009; to the Committee entitled ‘‘Verification of Eligibility for Free fice of the President of the Senate on Janu- on Commerce, Science, and Transportation. and Reduced Price Meals in the National ary 9, 2009; to the Committee on Armed Serv- EC–429. A communication from the Acting School Lunch and School Breakfast Pro- ices. Director of the Office of Sustainable Fish- grams’’ (RIN0584–AD61) received in the Office EC–422. A communication from the Direc- eries, National Marine Fisheries Service, De- of the President of the Senate on January 8, tor, Defense Procurement, Acquisition Pol- partment of Commerce, transmitting, pursu- 2009; to the Committee on Agriculture, Nu- icy, and Strategic Sourcing, Department of ant to law, the report of a rule entitled trition, and Forestry. Defense, transmitting, pursuant to law, the ‘‘Fisheries of the Northeastern United EC–413. A communication from the Chief report of a rule entitled ‘‘Defense Federal States; Atlantic Bluefish Fishery; Quota Financial Officer, Department of Housing Acquisition Regulation Supplement; Con- Transfer’’ (RIN0648–XM22) received in the Of- and Urban Development, transmitting, pur- tract Actions Supporting Contingency Oper- fice of the President of the Senate on Janu- suant to law, a report of four violations of ations or Facilitating Defense Against or Re- ary 9, 2009; to the Committee on Commerce, the Antideficiency Act; to the Committee on covery from Nuclear, Biological, Chemical, Science, and Transportation. Appropriations. or Radiological Attack’’ (RIN0750–AG19) re- EC–430. A communication from the Chief of EC–414. A communication from the Deputy ceived in the Office of the President of the Staff, Media Bureau, Federal Communica- Under Secretary of Defense (Acquisition and Senate on January 9, 2009; to the Committee tions Commission, transmitting, pursuant to Technology), transmitting, pursuant to law, on Armed Services. law, the report of a rule entitled ‘‘Amend- a report relative to promoting environ- EC–423. A communication from the Direc- ment of Section 73.622(i), Final DTV Table of mental stewardship throughout the Depart- tor, Defense Procurement, Acquisition Pol- Allotments, Television Broadcast Stations;

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 542 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 Casper, Wyoming’’ (MB Docket No. 08–108) Whereas, government has an obligation to INTRODUCTION OF BILLS AND received in the Office of the President of the promote economic activity through the cre- JOINT RESOLUTIONS Senate on January 7, 2009; to the Committee ation of new capital investment, which will on Commerce, Science, and Transportation. result in the expansion of employment op- The following bills and joint resolu- EC–431. A communication from the Chief of portunities and help jump-start long-term tions were introduced, read the first Staff, Media Bureau, Federal Communica- capital investment by private investors; and and second times by unanimous con- tions Commission, transmitting, pursuant to Whereas, as government leaders, we must sent, and referred as indicated: ensure the continued viability of our auto- law, the report of a rule entitled ‘‘Amend- By Mr. BARRASSO: motive and machine tool industries, which is ment of Section 73.622(i), Final DTV Table of S. 201. A bill to amend the Internal Rev- a vital element of the State and federal Allotments, Television Broadcast Stations; enue Code of 1986 to extend the additional economy; and Hayes Center, Nebraska’’ (MB Docket No. 08– standard deduction for real property taxes 193) received in the Office of the President of Whereas, diversification of the productive potential of the automotive and machine for nonitemizers for 2010; to the Committee the Senate on January 7, 2009; to the Com- on Finance. mittee on Commerce, Science, and Transpor- tool industries into a broader sector of pro- duction, coupled with a shift into the domain By Mr. ENSIGN (for himself, Mr. NEL- tation. SON of Florida, Mr. FEINGOLD, Mr. EC–432. A communication from the Chief of of essential capital goods and economic in- DORGAN, and Mr. CORKER): Staff, Media Bureau, Federal Communica- frastructure, such as the repair, expansion, and improvement of our national railway S. 202. A bill to improve consumer access tions Commission, transmitting, pursuant to to passenger vehicle loss data held by insur- law, the report of a rule entitled ‘‘Amend- systems, and the development of other ur- gently needed infrastructure projects, will ers; to the Committee on Commerce, ment of Section 73.622(i), Final DTV Table of Science, and Transportation. Allotments, Television Broadcast Stations; save existing manufacturing jobs and create large new areas of employment in infrastruc- By Mrs. FEINSTEIN (for herself and Huntsville, Alabama’’ (MB Docket No. 08– Mr. KYL): 105) received in the Office of the President of ture and manufacturing for our citizenry in a manner comparable to the best of the New S. 203. A bill to amend the Immigration the Senate on January 7, 2009; to the Com- and Nationality Act to modify the require- mittee on Commerce, Science, and Transpor- Deal programs that rescued the nation and the world from the ravages of the Great De- ments for participation in the visa waiver tation. program and for other purposes; to the Com- EC–433. A communication from the Chief of pression; and Whereas, the impact of this intervention mittee on the Judiciary. Staff, Media Bureau, Federal Communica- will be to provide thousands of productive By Mr. KOHL (for himself, Mr. BROWN, tions Commission, transmitting, pursuant to jobs in the state of New Jersey, repair our Mr. SPECTER, Mr. LEAHY, Mr. GRASS- law, the report of a rule entitled ‘‘Amend- infrastructure, and create at least ten mil- LEY, Mr. FEINGOLD, Ms. SNOWE, Mr. ment of Section 73.622(i), Final DTV Table of lion jobs nationally, thus restoring our tax SCHUMER, Mr. DURBIN, Mr. LEVIN, and Allotments, Television Broadcast Stations; base and increasing the standard of living: Mr. LAUTENBERG): Kansas City, Missouri’’ (MB Docket No. 08– Now, therefore; be it S. 204. A bill to amend the Sherman Act to 111) received in the Office of the President of Resolved by the Senate of the State of New make oil-producing and exporting cartels il- the Senate on January 7, 2009; to the Com- Jersey: legal; to the Committee on the Judiciary. mittee on Commerce, Science, and Transpor- l. The Senate of the State of New Jersey By Mr. BINGAMAN (for himself, Mrs. tation. respectfully memorializes the Congress of HUTCHISON, Mrs. FEINSTEIN, Mr. DUR- EC–434. A communication from the Chief of the United States to intervene on behalf of BIN, Mr. MCCAIN, and Mr. KYL): Staff, Media Bureau, Federal Communica- national economic interests to ensure that S. 205. A bill to authorize additional re- tions Commission, transmitting, pursuant to the productive potential of the automobile sources to identify and eliminate illicit law, the report of a rule entitled ‘‘Amend- industry, with its featured technology and sources of firearms smuggled into Mexico for ment of Section 73.622(i), Final DTV Table of machine tool capability, be protected. use by violent drug trafficking organiza- Allotments, Television Broadcast Stations; 2. The Senate of the State of New Jersey tions, and for other purposes; to the Com- Sioux City, Iowa’’ (MB Docket No. 08–109) re- respectfully memorializes the Congress of mittee on the Judiciary. ceived in the Office of the President of the the United States to intervene to vastly ex- By Mrs. BOXER: Senate on January 7, 2009; to the Committee pand the construction and maintenance of S. 206. A bill to amend the Elementary and on Commerce, Science, and Transportation. infrastructure projects and related indus- Secondary Education Act of 1965 to establish f tries. a program to help States expand the edu- 3. Duly authenticated copies of this resolu- PETITIONS AND MEMORIALS cation system to include at least 1 year of tion, signed by the President of the Senate early education preceding the year a child The following petitions and memo- and attested by the Secretary thereof, shall enters kindergarten; to the Committee on rials were laid before the Senate and be transmitted to each member of New Jer- Health, Education, Labor, and Pensions. sey’s congressional delegation and to the By Mrs. BOXER: were referred or ordered to lie on the Speaker and Clerk of the United States table as indicated: S. 207. A bill to amend the Internal Rev- House of Representatives, Washington, D.C., enue Code of 1986 to allow a deduction for POM–1. A resolution adopted by the Senate and the President and Secretary of the health insurance premiums; to the Com- of the State of New Jersey memorializing United States Senate, Washington, D.C. mittee on Finance. Congress to protect the automobile industry By Mrs. BOXER: POM–2. A resolution adopted by the Com- and expand national infrastructure projects S. 208. A bill to provide Federal coordina- mission of Wayne County of the State of and related industries; to the Committee on tion and assistance in preventing gang vio- Banking, Housing, and Urban Affairs. Michigan relative to supporting the United States Congress rescue plan to offer low-in- lence; to the Committee on the Judiciary. SENATE RESOLUTION NO. 37 terest loans to Ford Motor Co., General Mo- By Mrs. BOXER: Whereas, a number of specialists have tors Corp., and Chrysler LLC to insure the S. 209. A bill to amend the Internal Rev- warned that the collapse of the national viability of the U.S. auto industry; to the enue Code of 1986 to modify and extend the economy could occur if certain stop-gap and Committee on Banking, Housing, and Urban credit for alternative motor vehicles, and for long-term actions are not implemented to Affairs. other purposes; to the Committee on Fi- overcome the problems facing the auto- POM–3. A report from a sportsmen club of nance. motive and machine tool sectors of our econ- Washington State relative to a Department By Mrs. BOXER: omy; and of Agriculture, Forest Service report; to the S. 210. A bill to amend the Internal Rev- Whereas, the loss of the physical capabili- Committee on Energy and Natural Re- enue Code of 1986 to increase the credit for ties of the automotive industry, especially sources. employers establishing workplace child care its tool sector, could mean the end of Amer- POM–4. A report from the Florida Depart- facilities, to increase the child care credit to ica’s status as a leading world economic ment of State, Commission of Office, relative encourage greater use of quality child care power; and to the Minority Appointment Reporting services, to provide incentives for students Whereas, while it is in the best interests of Form for 2007; to the Committee on Rules to earn child care-related degrees and to our national security to have a strong, vi- and Administration. work in child care facilities, and to increase brant manufacturing and industrial sector, POM–5. A report from the Florida Depart- the exclusion for employer-provided depend- capable of producing the necessary machin- ment of State, Commission of Office, relative ent care assistance; to the Committee on Fi- ery and technology to defend the citizens of to the Minority Appointment Reporting nance. the United States and protect our interests Form for 2007; to the Committee on Rules By Mrs. CLINTON (for herself, Mr. abroad, our manufacturing and industrial and Administration. BURR, Mr. AKAKA, Mr. BROWN, Ms. sector has experienced a dramatic reduction POM–6. A report from a textile corporation CANTWELL, Mr. CASEY, Ms. COLLINS, in capacity and production over the last sev- relative to Senate material; to the Com- Mr. DURBIN, Mrs. FEINSTEIN, Mr. eral decades; and mittee on Rules and Administration. INOUYE, Mr. KERRY, Ms. LANDRIEU,

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 543 Mr. LAUTENBERG, Mr. LEVIN, Mr. amend the Emergency Economic Sta- requirements for participation in the LUGAR, Mr. MENENDEZ, Ms. MIKULSKI, bilization Act to require approval by visa waiver program and for other pur- Mrs. MURRAY, Mr. ROBERTS, Mr. the Congress for certain expenditures poses; to the Committee on the Judici- SCHUMER, Ms. SNOWE, Mr. SPECTER, for the Troubled Asset Relief Program. ary. Ms. STABENOW, and Mr. WHITEHOUSE): S. 211. A bill to facilitate nationwide avail- S. 85 Mrs. FEINSTEIN. Mr. President, I ability of 2–1–1 telephone service for infor- At the request of Mr. VITTER, the rise today to introduce a bill on behalf mation and referral on human services and name of the Senator from South Caro- of myself and Senator KYL to mitigate volunteer services, and for other purposes; to lina (Mr. DEMINT) was added as a co- the immigration and security risks as- the Committee on Health, Education, Labor, sponsor of S. 85, a bill to amend title X sociated with the Visa Waiver Program and Pensions. of the Public Health Service Act to and its expansion. By Mrs. BOXER (for herself and Mrs. prohibit family planning grants from The Visa Waiver Program leaves FEINSTEIN): being awarded to any entity that per- open both a major gap in our domestic S. 212. A bill to expand the boundaries of the Gulf of the Farallones National Marine forms abortions. security and a way to exploit our im- Sanctuary and the Cordell Bank National S. 133 migration laws. The Strengthening the Marine Sanctuary, and for other purposes; to At the request of Mrs. FEINSTEIN, the Visa Waiver Program to Secure Amer- the Committee on Commerce, Science, and name of the Senator from Maryland ica Act would give the Department of Transportation. (Mr. CARDIN) was added as a cosponsor Homeland Security, DHS, new tools to By Mrs. BOXER (for herself and Ms. of S. 133, a bill to prohibit any recipi- secure the Visa Waiver Program, con- SNOWE): ent of emergency Federal economic as- sistent with the recommendations S. 213. A bill to amend title 49, United sistance from using such funds for lob- made by the 9/11 Commission. States Code, to ensure air passengers have access to necessary services while on a bying expenditures or political con- The bill would set a maximum low grounded air carrier, and for other purposes; tributions, to improve transparency, visa overstay rate for all visa waiver to the Committee on Commerce, Science, enhance accountability, encourage re- program countries; require a reevalua- and Transportation. sponsible corporate governance, and for tion of visa waiver program countries By Mr. BINGAMAN (for himself, Mr. other purposes. within 1 year; mandate that the admin- LEAHY, Mr. LIEBERMAN, and Mr. S. 160 istration will lose its authority to con- CARDIN): At the request of Mr. LIEBERMAN, the tinue to expand the program if it does S. 214. A bill to amend title XXI of the So- name of the Senator from Maryland not track 97 percent of those exiting cial Security Act to permit qualifying States to use their allotments under the State Chil- (Ms. MIKULSKI) was added as a cospon- and departing at our airports—based on dren’s Health Insurance Program for any fis- sor of S. 160, a bill to provide the Dis- arrival data, not just departure data; cal year for certain Medicaid expenditures; trict of Columbia a voting seat and the require an audit of the electronic trav- to the Committee on Finance. State of Utah an additional seat in the el authorization system, ESTA; and re- f House of Representatives. quire current visa waiver countries to S. 166 report on lost or stolen visas in order SUBMISSION OF CONCURRENT AND At the request of Mrs. HUTCHISON, the to remain in the visa waiver program. SENATE RESOLUTIONS name of the Senator from Alaska (Ms. Senator KYL and I have held multiple The following concurrent resolutions MURKOWSKI) was added as a cosponsor hearings over the years and time and and Senate resolutions were read, and of S. 166, a bill to amend title VII of time again we have expressed concern referred (or acted upon), as indicated: the Civil Rights Act of 1964 to clarify and requested improvements, but no By Mr. SPECTER (for himself, Mr. the filing period applicable to charges changes have been forthcoming in how COBURN, and Mr. ALEXANDER): of discrimination, and for other pur- the Department of Homeland Security S. Res. 12. A resolution to amend the poses. intends to implement this program. Standing Rules of the Senate to prohibit fill- S. RES. 4 The hearings and the recent Govern- ing the tree; to the Committee on Rules and At the request of Mr. VITTER, the ment Accountability Office report Administration. name of the Senator from South Caro- found that the administration is not f lina (Mr. DEMINT) was added as a co- doing what it should to secure the pro- ADDITIONAL COSPONSORS sponsor of S. Res. 4, a resolution ex- gram. Instead, the Visa Waiver Pro- gram has continued to expand without S. 34 pressing the sense of the Senate that the Supreme Court of the United meeting the security needs of our coun- At the request of Mr. DEMINT, the try. names of the Senator from North Caro- States erroneously decided Kennedy v. Louisiana, No. 07–343 (2008), and that In fact, just today the administration lina (Mr. BURR) and the Senator from the eighth amendment to the Constitu- has announced that it has met the Mississippi (Mr. COCHRAN) were added deadline for the electronic travel au- as cosponsors of S. 34, a bill to prevent tion of the United States allows the thorization system, ESTA, to be fully the Federal Communications Commis- imposition of the death penalty for the operational. However, the GAO report sion from repromulgating the fairness rape of a child. found that ESTA—the one security doctrine. AMENDMENT NO. 7 At the request of Mr. COBURN, the check for visa waiver travelers prior to S. 61 name of the Senator from Wisconsin arrival at our Nation’s airports—has At the request of Mr. DURBIN, the (Mr. FEINGOLD) was added as a cospon- not been implemented effectively by name of the Senator from Wisconsin sor of amendment No. 7 intended to be the administration to make it a work- (Mr. FEINGOLD) was added as a cospon- proposed to S. 22, a bill to designate able system for the airlines and embas- sor of S. 61, a bill to amend title 11 of certain land components of the Na- sies. the United States Code with respect to tional Wilderness Preservation Sys- The GAO report also found that the modification of certain mortgages on tem, to authorize certain programs and administration is still unable to track principal residences, and for other pur- activities in the Department of the In- who comes in and out of this country. poses. terior and the Department of Agri- This is especially significant given S. 64 culture, and for other purposes. that the program was recently ex- At the request of Mr. INHOFE, the f panded to countries with high visa names of the Senator from Texas (Mrs. overstay rates, bringing the number of HUTCHISON), the Senator from Kansas STATEMENTS ON INTRODUCED participating countries to 35. (Mr. ROBERTS), the Senator from Lou- BILLS AND JOINT RESOLUTIONS This means that for the citizens of 35 isiana (Mr. VITTER), the Senator from By Mrs. FEINSTEIN (for herself countries—including Australia, Singa- Wisconsin (Mr. FEINGOLD) and the Sen- and Mr. KYL): pore, Slovenia, and the United King- ator from Alabama (Mr. SESSIONS) were S. 203. A bill to amend the Immigra- dom—entering the United States is as added as cosponsors of S. 64, a bill to tion and Nationality Act to modify the simple as purchasing an airline ticket

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 544 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 and arriving at the airport with a valid place and provide greater program the meaning given that term in section passport in hand. oversight. 217(c)(8)(C) of the Immigration and Nation- The result is that these travelers not We must act now to secure the Visa ality Act (8 U.S.C. 1187(c)(8)(C)), as amended only bypass the interview and individ- Waiver Program. I urge my colleagues by section 6. (c) FAILURE TO COMPLY WITH PROGRAM RE- ualized security screening process, but to support this bill. QUIREMENTS.— they are also lost once they arrive in Mr. President, I ask unanimous con- (1) SUSPENSION FROM THE PROGRAM.—If the the U.S. because DHS is only checking sent that the text of the bill be printed periodic evaluation prepared under sub- when individuals depart at our air- in the RECORD. section (a) shows that a program country has ports, not if they overstay their visit. There being no objection, the text of a visa overstay rate that exceeds 2 percent, It is estimated that 40 percent of the the bill was ordered to be printed in the Secretary, in consultation with the Sec- current undocumented population are the RECORD, as follows: retary of State, shall immediately suspend the program country’s participation in the people who have overstayed their visas. S. 203 visa waiver program. That means that if there are 12 million Be it enacted by the Senate and House of Rep- (2) RESTORATION TO THE PROGRAM.—With undocumented people now in the U.S., resentatives of the United States of America in respect to a country that is suspended from 4.8 million people overstayed their Congress assembled, participation in the visa waiver program visa. The Visa Waiver Program is the SECTION 1. SHORT TITLE. under paragraph (1), the Secretary shall re- achilles heel of our immigration sys- This Act may be cited as the ‘‘Strength- store the country’s participation on the date tem. ening the Visa Waiver Program to Secure that the Secretary determines that the coun- The security risks associated with America Act’’. try’s visa overstay rate does not exceed 2 the Visa Waiver Program are even SEC. 2. DEFINITIONS. percent. (d) LIMITATION ON NEW PROGRAM COUN- greater—Our Nation’s security experts In this Act: (1) PROGRAM COUNTRY.—The term ‘‘pro- TRIES.—Notwithstanding any other provision have stated repeatedly that the pro- gram country’’ means a country designated of law, the Secretary may not designate a gram provides an attractive option to as a program country under section 217(c)(1) country as a program country until after the terrorists looking to do Americans of the Immigration and Nationality Act (8 date that the Secretary certifies to Congress harm. U.S.C. 1187(c)(1)). that the requirements of subsection (a) have At a Senate Judiciary Committee (2) SECRETARY.—Except as otherwise pro- been met. hearing on September 27, 2007, DNI Di- vided, the term ‘‘Secretary’’ means the Sec- SEC. 5. ARRIVAL AND DEPARTURE rector Mike McConnell testified that retary of Homeland Security. VERIFICATION. (a) REQUIREMENT FOR VERIFICATION.— Al Qaeda is purposefully recruiting Eu- (3) VISA WAIVER PROGRAM.—The term ‘‘visa waiver program’’ means the visa waiver pro- (1) IN GENERAL.—Subparagraph (A) of sec- ropeans because they do not require a gram carried out under section 217 of the Im- tion 217(c)(8) of the Immigration and Nation- visa to come into this country. migration and Nationality Act (8 U.S.C. ality Act (8 U.S.C. 1187(c)(8)) is amended— As Director McConnell said, this tac- 1187). (A) in clause (i)— tic gives Al Qaeda ‘‘an extra edge in SEC. 3. ENFORCEMENT OF REQUIREMENT TO RE- (i) by striking ‘‘can verify’’ and inserting getting an operative or two or three PORT LOST OR STOLEN PASSPORTS. ‘‘verifies’’; into the country with the ability to (a) ENFORCEMENT OF EXISTING REQUIRE- (ii) by inserting ‘‘arrival and’’ before ‘‘de- carry out an attack that might be MENT.—Not later than 180 days after the date parture’’; and reminiscent of 9–11.’’ of the enactment of this Act, each program (iii) by inserting ‘‘entry and’’ before country shall have in effect an agreement ‘‘exit’’; and Secretary Chertoff reiterated these (B) in clause (ii) by inserting ‘‘entry and’’ concerns when he stated that ‘‘terror- with the United States as required by sec- tion 217(c)(2)(D) of the Immigration and Na- before ‘‘exit’’. ists are increasingly looking to Europe tionality Act (8 U.S.C. 1187(c)(2)(D)). (2) CONFORMING AMENDMENT.—Subpara- as both a target and a platform for ter- (b) FAILURE TO AGREE TO REPORT.— graph (C) of such section 217(c)(8) is amended rorist attacks’’ against the United (1) SUSPENSION FROM THE PROGRAM.—If a by inserting ‘‘entry and’’ before ‘‘exit’’. States. program country does not meet the require- (b) LIMITATION ON NEW PROGRAM COUN- In an interview with BBC’s ‘‘World ments of subsection (a), the Secretary, in TRIES.—Notwithstanding any other provision News America,’’ Secretary Chertoff ac- consultation with the Secretary of State, of law, the Secretary may not designate a shall immediately suspend the program country as a program country until after the knowledged, ‘‘the first time we encoun- date that the Secretary certifies to Congress ter [visa waiver travelers] is when they country’s participation in the visa waiver program. that the requirements of clause (i) of sub- arrive in the United States and that (2) RESTORATION TO THE PROGRAM.—With section (c)(8)(A) of section 217 of the Immi- creates a very small window of oppor- respect to a country that is suspended from gration and Nationality Act, as amended by tunity to check them out.’’ participation in the visa waiver program subsection (a)(1), are met. These security risks are particularly under paragraph (1), the Secretary shall re- (c) AUDIT.— apparent when we look at the statistics store the country’s participation on the date (1) REQUIREMENT TO CONDUCT.—Not later on the number of fraudulent and stolen that the Secretary determines that the coun- than 180 days after the date that the certifi- try meets the requirements of paragraph (1). cation described in clause (i) of subsection passports and other international docu- (c)(8)(A) of section 217 the Immigration and ments. (c) LIMITATION ON NEW PROGRAM COUN- TRIES.—Notwithstanding any other provision Nationality Act (8 U.S.C. 1187), as amended Between January 2002 and June 2004, of law, the Secretary may not designate a by subsection (a)(1), is submitted to Con- 28 foreign governments, including visa country as a program country until after the gress, the Comptroller of the United States waiver countries, reported 56,943 stolen date that the Secretary certifies to Congress shall conduct an audit of the travel author- blank foreign passports to the State that the requirements of subsection (a) have ization system described in subsection (h)(3) Department. And just this summer, a been met. of that section and submit a report on such audit to Congress. security van in London was hijacked, SEC. 4. ENFORCEMENT OF REQUIREMENT FOR PERIODIC EVALUATIONS OF PRO- (2) ELEMENTS.—The report by paragraph (1) resulting in the loss of 3,000 blank Brit- shall include— ish passports and visas that were des- GRAM COUNTRIES. (a) ENFORCEMENT OF EXISTING REQUIRE- (A) a description of the data collected by tined for overseas embassies. MENT.—Not later than 1 year after the date such system; DHS’s own Inspector General, Clark of the enactment of this Act, the Secretary, (B) the number of individuals who were Ervin has testified that: ‘‘The lost and in consultation with the Secretary of State, identified by such system as being in viola- stolen passport problem is the greatest shall evaluate under section 217(c)(5)(A) of tion of the immigration laws, disaggregated security problem associated with the the Immigration and Nationality Act (8 by country; and Visa Waiver Program. Our country is U.S.C. 1187(c)(5)(A)) each program country (C) an explanation of any problems in im- that was designated as a program country plementing such system encountered during vulnerable because gaps in our treat- the early stages of implementation to better ment of lost and stolen passports re- prior to January 1, 2009. Such evaluation shall include the visa overstay rate for each identify high-risk travelers and countries of main.’’ program country for the 1-year period ending origin of such travelers. The Strengthening the Visa Waiver on the date of the enactment of this Act. SEC. 6. VISA OVERSTAY RATES. Program to Secure America Act would (b) VISA OVERSTAY RATE DEFINED.—In this Subparagraph (C) of section 217(c)(8) of the put necessary security checks firmly in section, the term ‘‘visa overstay rate’’ has Immigration and Nationality Act (8 U.S.C.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 545 1187(c)(8)), as amended by section 5(a)(2), is from basic antitrust law. I have intro- sadly, no one in Government has yet further amended— duced this legislation in each Congress tried to take any action. This NOPEC (1) in clause (i), by striking the period at since 2000. This legislation passed the legislation will, for the first time, es- the end of the first sentence and inserting ‘‘, full Senate by a vote of 70–23 in June tablish clearly and plainly that when a except that in no case may a maximum visa overstay rate exceed 2 percent.’’; 2007 as an amendment to the 2007 En- group of competing oil producers like (2) by redesignating clause (iii) as clause ergy Bill before being stripped from the OPEC nations act together to re- (iv); that bill in the conference committee. strict supply or set prices, they are vio- (3) by inserting after clause (ii) the fol- The identical House version of NOPEC lating U.S. law. lowing: passed the other body as stand alone It is also important to point out that ‘‘(iii) DATA COMPILATION.—The Secretary of legislation in May 2007 by an over- this legislation will not authorize pri- Homeland Security shall compile data from whelming 345–72 vote. It is now time vate lawsuits. It only authorizes the all appropriate databases to determine the for us to at last pass this legislation Attorney General to file suit under the visa overstay rate for each country. Such antitrust laws for redress. It will al- databases shall include— into law and give our Nation a long ‘‘(I) the Advanced Passenger Information needed tool to counteract this per- ways be in the discretion of the Justice System (APIS); nicious and anti-consumer conspiracy. Department and the President as to ‘‘(II) the Automated Fingerprint Identi- Throughout 2007 and 2008, crude oil whether to take action to enforce fication System (IDENT); and gasoline prices marched steadily NOPEC. Our legislation will not re- ‘‘(III) the Central Index System (CIS); upwards, peaking last summer at over quire the Government to bring a legal ‘‘(IV) the Computer Linked Application In- $140 per barrel for crude and well over action against OPEC member nations, formation Management Systems (CLAIMS); $4 per gallon for gasoline. In recent and no private party will have the abil- ‘‘(V) the Deportable Alien Control System ity to bring such an action. This deci- (DACS); months, of course, these prices have ‘‘(VI) the Integrated Automated Finger- plummeted as demand has dropped due sion will entirely remain in the discre- print Identification System (IAFIS); to the serious global economic reces- tion of the executive branch. Our ‘‘(VII) the Nonimmigrant Information Sys- sion. But the recent declines in crude NOPEC legislation will give our law en- tem (NIIS); oil and gasoline prices should not fool forcement agencies a tool to employ ‘‘(VIII) the Reengineered Naturalization us—the global oil cartel remains a against the oil cartel—but the decision Applications Casework Systems (RNACS); major force conspiring to raise oil on whether to use this tool will en- and prices to the detriment of American tirely be up to the Justice Department ‘‘(IX) the Refugees, Asylum, and Parole and, ultimately, the President. They System (RAPS).’’; and consumers. (4) by adding at the end the following: The recent actions of the OPEC car- can use this tool as they see fit—to file ‘‘(v) ANNUAL REPORT.—Not less frequently tel demonstrate the dangers it pre- a legal action, to jawbone OPEC in dip- than once each fiscal year, the Secretary of sents. OPEC is doing everything it can lomatic discussions, or defer from any Homeland Security shall submit to the Com- to raise oil prices. On October 24, 2008, action should they judge foreign policy mittee on Foreign Relations and the Com- OPEC agreed to cut production by 1.5 or other considerations warrant it. mittee on the Judiciary of the Senate and million barrels a day, don December 17 NOPEC will also make plain that the the Committee on Foreign Affairs and the OPEC agreed to a further 2.2 million nations of OPEC cannot hide behind Committee on the Judiciary of the House of barrels a day production cut. The the doctrines of ‘‘sovereign immunity’’ Representatives a report describing the visa overstay rate for the previous fiscal year of OPEC cartel makes no secret of its mo- or ‘‘act of state’’ to escape the reach of each country designated as a program coun- tivation for these production cuts. American justice. In so doing, our try under paragraph (1).’’. OPEC President Chaib Khelil put it amendment will overrule one 28 year very simply in an interview published old lower court decision which incor- By Mr. KOHL (for himself, Mr. December 23, 2008, ‘‘Without these cuts, rectly failed to recognize that the ac- BROWN, Mr. SPECTER, Mr. I don’t think we’d be seeing $43 [per tions of OPEC member nations was LEAHY, Mr. GRASSLEY, Mr. barrel] today, we’d have seen in the commercial activity exempt from the FEINGOLD, Ms. SNOWE, Mr. $20s. . . . [H]opefully by the third quar- protections of sovereign immunity. SCHUMER, Mr. DURBIN, Mr. ter [of 2009] we will see prices rising.’’ The most fundamental principle of a LEVIN, and Mr. LAUTENBERG): In another interview in December, free market is that competitors cannot S. 204. A bill to amend the Sherman Khelil was quoted as saying ‘‘The be permitted to conspire to limit sup- Act to make oil-producing and export- stronger the decision [to cut produc- ply or fix price. There can be no free ing cartels illegal; to the Committee tion], the faster prices will pick up.’’ market without this foundation. We on the Judiciary. And if the price of crude oil begins to should not permit any nation to flout Mr. KOHL. Mr. President, I rise rise again as a result of these actions this fundamental principle. today to introduce, with ten of my col- by OPEC, there is no doubt that mil- Some critics of this legislation have leagues, the No Oil Producing and Ex- lions of American consumers will feel argued that suing OPEC will not work porting Cartels Act, NOPEC. This leg- the pinch every time they visit the gas or that threatening suit will hurt more islation will authorize our Govern- pump. The Federal Trade Commission than help. I disagree. Our NOPEC legis- ment, for the first time, to take action has estimated that 85 percent of the lation will, for the first time, enable against the illegal conduct of the OPEC variability in the cost of gasoline is the our Justice Department to take legal oil cartel. It is time for the U.S. Gov- result of changes in the cost of crude action to combat the illegitimate ernment to fight back on efforts to fix oil. price-fixing conspiracy of the oil car- the price of oil and hold OPEC account- Such blatantly anti-competitive con- tel. It will, at a minimum, have a real able when it acts illegally. Our amend- duct by the oil cartel violates the most deterrent effect on nations that seek to ment will hold OPEC member nations basic principles of fair competition and join forces to oil prices to the det- to account under U.S. antitrust law free markets and should not be toler- riment of consumers. This legislation when they agree to limit supply or fix ated. If private companies engaged will be the first real weapon the U.S. price in violation of the most basic such an international price fixing con- Government has ever had to deter principles of free competition. spiracy, there would no question that OPEC from its seemingly endless cycle NOPEC will authorize the Attorney it would be illegal. The actions of of supply cutbacks designed to raise General to file suit against nations or OPEC should be treated no differently price. It will mean that OPEC member other entities that participate in a con- because it is a conspiracy of nations. nations will face the possibility of real spiracy to limit the supply, or fix the For years, this price fixing con- and substantial antitrust sanctions price, of oil. In addition, it will specify spiracy of OPEC nations has unfairly should they persist in their illegal con- that the doctrines of sovereign immu- driven up the cost of imported crude oil duct. It will also deter additional na- nity and act of state do not exempt na- to satisfy the greed of the oil export- tions who may today be considering tions that participate in oil cartels ers. We have long decried OPEC, but, joining OPEC.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 546 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 I urge my colleagues to support our licit sources of firearms smuggled into According to the ATF, about 90 per- NOPEC legislation so that our Nation Mexico for use by violent drug traf- cent of the weapons confiscated in will finally have an effective means to ficking organizations, and for other Mexico come from sources within the combat this price-fixing conspiracy of purposes; to the Committee on the Ju- United States because firearms are oil-rich nations. diciary. much more readily accessible in the Mr. President, I ask unanimous con- Mr. BINGAMAN. Mr. President, I rise United States than in Mexico. These sent that the text of the bill be printed today to introduce the Southwest Bor- weapons are the so-called ‘‘tools of the in the RECORD. der Violence Reduction Act of 2009. trade’’ for narco-traffickers. They are There being no objection, the text of This important legislation, which is co- the means by which cartels maintain the bill was ordered to be printed in sponsored by Senators HUTCHISON, DUR- control over drug corridors and the in- the RECORD, as follows: BIN, and FEINSTEIN, is aimed at address- strument they use to execute their S. 204 ing drug-related violence in Mexico by scheme of violence and intimidation. Be it enacted by the Senate and House of Rep- reducing the number of weapons that In the four U.S. border States there resentatives of the United States of America in are illegally smuggled into the coun- are about 6,600 licensed gun dealers. Congress assembled, try. The vast majority of these dealers act SECTION 1. SHORT TITLE. The ongoing violence in Mexico is in accordance with the law, but drug This Act may be cited as the ‘‘No Oil Pro- having a devastating impact on the gangs exploit the availability of weap- ducing and Exporting Cartels Act of 2009’’ or country. In 2008, more than 5,300 people ons in the region to supply cartels on ‘‘NOPEC’’. were killed in Mexico—this is double the Mexican side of the border with il- SEC. 2. SHERMAN ACT. the number in the previous year. Dur- legal high-powered weapons. The Sherman Act (15 U.S.C. 1 et seq.) is ing this last year, there were over 1,600 The ATF has a very successful initia- amended by adding after section 7 the fol- deaths just in Ciudad Juarez. Drug lowing: tive in place to combat southbound il- traffickers are warring with each licit weapons trafficking, know as ‘‘SEC. 7A. OIL PRODUCING CARTELS. other, assassinations of police and gov- Project Gunrunner, but they need more ‘‘(a) IN GENERAL.—It shall be illegal and a violation of this Act for any foreign state, or ernment officials are commonplace, resources to adequately tackle the any instrumentality or agent of any foreign lawyers and journalists have been problem. state, to act collectively or in combination killed, and many innocent civilians The Southwest Border Violence Re- with any other foreign state, any instrumen- have been caught up in the crossfire. duction Act would provide these much tality or agent of any other foreign state, or Border communities within the needed resources. Specially, this legis- any other person, whether by cartel or any United States are also being directly lation would authorize $30 million over other association or form of cooperation or impacted. Many of the people living in 2 years to expand Project Gunrunner joint action— this region have strong family ties to ‘‘(1) to limit the production or distribution teams in the border region and $19 mil- of oil, natural gas, or any other petroleum Mexico and the violence makes it dif- lion to assign agents to U.S. consulates product; ficult to visit loved ones. U.S. border in Mexico to assist Mexican law en- ‘‘(2) to set or maintain the price of oil, nat- hospitals have had to provide medical forcement with smuggling investiga- ural gas, or any petroleum product; or care to the wounded under armed tions. ‘‘(3) to otherwise take any action in re- guard. And in New Mexico, we had to I would also like to make it clear straint of trade for oil, natural gas, or any briefly shut down the Columbus Port of that nothing in this bill limits the sale petroleum product; Entry due to gun battles in the Mexi- of firearms or places any additional re- when such action, combination, or collective can border town of Palomas and pro- strictions on licensed dealers. This ef- action has a direct, substantial, and reason- ably foreseeable effect on the market, sup- vide police escorts to school buses pass- fort is only focused on enhancing the ply, price, or distribution of oil, natural gas, ing through the area. At one point this investigative capabilities of the ATF or other petroleum product in the United last year, the entire police force in with regard to arms trafficking in States. Palomas resigned due to threats by order to weed out the bad actors and to ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state drug traffickers and the Chief of Police ensure that weapons aren’t being ille- engaged in conduct in violation of subsection fled to the United States to seek asy- gally smuggled across the border. (a) shall not be immune under the doctrine lum. The United States has traditionally of sovereign immunity from the jurisdiction Besides the horrific human toll this focused on enhancing efforts to prevent or judgments of the courts of the United States in any action brought to enforce this violence is having on communities illegal narcotics from being smuggled section. throughout Mexico, it also impacts the into the county. While we obviously ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- overall economy of the border region. need to dedicate resources toward this TRINE.—No court of the United States shall Everyday thousands of people travel end, we also should be taking a com- decline, based on the act of state doctrine, to back and forth between the United prehensive approach that recognizes make a determination on the merits in an States and Mexico for business and that the northbound flow of narcotics action brought under this section. pleasure. This flow of people and goods is dependent on the southbound flow of ‘‘(d) ENFORCEMENT.—The Attorney General is an essential aspect of maintaining of the United States may bring an action to weapons and currency. Denying traf- enforce this section in any district court of healthy economic activity on both fickers the proceeds of drug sales and the United States as provided under the anti- sides of the border. However, the cur- the ability to heavily arm their cartels trust laws.’’. rent security situation is hampering is essential in reducing the drug flow SEC. 3. SOVEREIGN IMMUNITY. bilateral trade, new business ventures, into the United States. Section 1605(a) of title 28, United States and tourism. In these tough economic It is insufficient to simply rely on Code, is amended— times, the violence exacerbates an al- Mexican authorities to stop the flow of (1) in paragraph (6), by striking ‘‘or’’ after ready bad economic environment. guns going into their country. Drug the semicolon; The United States has taken some trafficking is a transnational threat (2) in paragraph (7), by striking the period important steps to help Mexico fight and the solution must involve sus- and inserting ‘‘; or’’; and drug traffickers, such as increasing bi- (3) by adding at the end the following: tained cooperation between the United ‘‘(8) in which the action is brought under lateral cooperation and providing sub- States and Mexico. We must do more section 7A of the Sherman Act.’’. stantial financial assistance as part of on our side of the border to disrupt the Merida initiative. However, there is weapons smuggling if we are going to By Mr. BINGAMAN (for himself, much more that we can be doing to be successful in combating drug car- Mrs. HUTCHISON, Mrs. FEIN- help quell this violence. One key area tels. STEIN, Mr. DURBIN, Mr. MCCAIN, where more can and should be done is Instability and violence in Mexico is and Mr. KYL): with regard to stopping the flow of taking a toll on communities on both S. 205. A bill to authorize additional weapons being smuggled into Mexico sides of the border. I strongly believe resources to identify and eliminate il- from the United States. that this is an issue that deserves more

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 547 attention, and I hope my colleagues include at least 1 year of early edu- system by providing them with early will support this bipartisan legislation. cation preceding the year a child en- learning skills. I urge my colleagues to Mr. President, I ask unanimous con- ters kindergarten; to the Committee on support this legislation. sent that the text of the bill be printed Health, Education, Labor, and Pen- in the RECORD. sions. By Mrs. BOXER: There being no objection, the text of Mrs. BOXER. Mr. President, today I S. 207. A bill to amend the Internal the bill was ordered to be printed in rise to reintroduce the Early Education Revenue Code of 1986 to allow a deduc- the RECORD, as follows: Act. Early education is critical to pre- tion for health insurance premiums; to paring children across our Nation with the Committee on Finance. S. 205 Mrs. BOXER. Mr. President, today I Be it enacted by the Senate and House of Rep- the initial skills and abilities to suc- cessfully begin their education. While am introducing the Health Insurance resentatives of the United States of America in Tax Relief Act to help our Nation’s Congress assembled, the amount of support for early edu- workers and working families deal with SECTION 1. SHORT TITLE. cation has been increasing, great dis- dramatic increases in health care This Act may be cited as the ‘‘Southwest crepancies remain between the quality Border Violence Reduction Act of 2009’’. of programs and the level of access costs. The legislation would allow tax- payers to deduct their health insurance SEC. 2. PROJECT GUNRUNNER. from State to State. (a) IN GENERAL.—The Attorney General This bill is a step forward in making premiums up to $2,000 for individuals shall dedicate and expand the resources pro- a national commitment to giving all and $4,000 for families. While this deduction will certainly vided for the Project Gunrunner initiative of children access to high quality pre-kin- not solve all of the problems in our the Bureau of Alcohol, Tobacco, Firearms, dergarten programs that have been and Explosives to identify, investigate, and health care system, it will provide help proven to have a solid impact on a prosecute individuals involved in the traf- for working individuals and families child’s success later in school and in ficking of firearms across the international who have seen health care premium border between the United States and Mex- life. Of the more than 8 million 3- and 4- costs drastically rise. Since 1999, the ico. average health insurance premium for (b) ACTIVITIES.—In carrying out this sec- year-olds that could be in early edu- workers covering their families has tion, the Attorney General shall— cation, just over half are enrolled in an more than doubled. A recent survey by (1) assign additional agents of the Bureau early education program. In my State the Kaiser Family Foundation found of Alcohol, Tobacco, Firearms, and Explo- of California alone, just fewer than 60 that 40 percent of employers that offer sives to the area of the United States adja- percent of 3- and 4-year-olds are in health benefits are likely to increase cent to the international border between the some kind of preschool. United States and Mexico to support the ex- The result is that too many children the amount their employees pay in pre- pansion of Project Gunrunner teams; miums. enter elementary school unprepared to (2) establish not fewer than 1 Project Gun- This is an issue of fairness. Current learn. runner team in each State along the inter- law provides a patchwork of tax deduc- Studies have shown that children national border between the United States tions for health care costs depending who participate in pre-kindergarten and Mexico; and upon an individual’s employer, the (3) coordinate with the heads of other rel- programs are less likely to be held type of health care plan provided by evant Federal law enforcement agencies and back a grade, show greater learning re- their employer, and/or percentage of State and local law enforcement agencies to tention and initiative, have better so- income spent on health care, among address firearms trafficking in a comprehen- cial skills, are more enthusiastic about other things. sive manner. school, and are more likely to have (c) ADDITIONAL STAFF.—The Attorney Gen- Unfortunately this patchwork has eral may hire Bureau of Alcohol, Tobacco, good attendance records. left out many employees who face in- Almost all experts now agree that an Firearms, and Explosives agents for, and creasing premiums or are buying high early education experience is one of otherwise expend additional resources need- cost health plans on their own. This the most effective strategies for im- ed to adequately support, Project Gun- legislation rectifies that unfairness and runner. proving later school performance. The will help people meet rising health care (d) AUTHORIZATION OF APPROPRIATIONS.— National Research Council reported costs. It would help those currently There are authorized to be appropriated that pre-kindergarten educational op- purchasing coverage to continue to do $15,000,000 for each of fiscal years 2010 and portunities are critical in developing so, as well as helping people who are 2011 to carry out this section. early language and literacy skills and uninsured to purchase coverage. SEC. 3. ENHANCED INTERNATIONAL COOPERA- preventing reading difficulties in TION. This legislation is particularly im- young children. (a) IN GENERAL.—The Attorney General, in portant for employees in small busi- The future of our Nation’s economy cooperation with the Secretary of State, nesses. Many small businesses across depends on the next generation of shall— the country have been forced by the workers, and high-quality early child- (1) assign agents of the Bureau of Alcohol, rising cost of health care to shift an in- Tobacco, Firearms, and Explosives to the hood education is key to preparing creasing amount of health insurance United States mission in Mexico, to work them for their careers. In the long run, costs to their employees. These are with Mexican law enforcement agencies in pre-kindergarten programs pay for hard working Americans struggling to conducting investigations relating to fire- themselves. Decades of research have make ends meet in a weak economy. arms trafficking and other criminal enter- proven that early education programs prises; Now more than ever we need legisla- (2) provide the equipment and techno- yield between $7 to $16 for every dollar tion that provides targeted assistance logical resources necessary to support inves- invested. to help families pay for health care. I My bill, the Early Education Act, tigations and to trace firearms recovered in urge my colleagues to support my leg- would create a program in at least 10 Mexico; and islation. (3) support the training of Mexican law en- States to provide 1 year of pre-kinder- forcement officers in serial number restora- garten early education in public By Mrs. BOXER (for herself and tion techniques, canine explosive detection, schools. The bill would require a dollar Mrs. FEINSTEIN): and antitrafficking tactics. for dollar match by the States and S. 212. A bill to expand the bound- (b) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated would authorize no less than $300 mil- aries of the Gulf of the Farallones Na- $9,500,000 for each of fiscal years 2010 and 2011 lion annually for these programs. tional Marine Sanctuary and the to carry out this section. These funds would be used by States to Cordell Bank National Marine Sanc- supplement—not supplant—other Fed- tuary, and for other purposes; to the By Mrs. BOXER: eral, State or local funds. This bill Committee on Commerce, Science, and S. 206. A bill to amend the Elemen- would serve almost 150,000 children Transportation. tary and Secondary Education Act of across the country. Mrs. BOXER. Mr. President, the Gulf 1965 to establish a program to help Our children need a solid foundation of the Farallones and Cordell Bank Na- States expand the education system to that builds on our current education tional Marine Sanctuaries Boundary

VerDate Mar 15 2010 13:13 Apr 26, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 548 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 Modification and Protection Act will and for other purposes; to the Com- a DOT hotline for consumer com- protect one of the world’s most bio- mittee on Commerce, Science, and plaints. It would also permit the DOT logically-diverse and productive ma- Transportation. to levy fines against air carriers or air- rine regions. I am proud to be joined in Mrs. BOXER. Mr. President, today I ports that do not submit or adhere to this effort by Congresswoman LYNN am pleased to re-introduce the Airline the contingency plans. WOOLSEY and Senator DIANNE FEIN- Passenger Bill of Rights Act, a critical The European Union enacted a Pas- STEIN. piece of airline passenger safety legis- senger Bill of Rights in 2005 and Can- Established in 1981 and 1989 respec- lation. ada passed similar legislation last tively, the Gulf of the Farallones and Anyone who has traveled recently year. It is time for the United States to Cordell Bank National Marine Sanc- recognizes that the delays travelers are step up and make a serious commit- tuaries have helped protect the special encountering at airports are a national ment to the millions of Americans that marine waters and coastline that are problem that needs our immediate at- rely on safe and effective air travel. quintessentially Californian. My bill tention. As the number of airline passengers will protect an even greater part of my Americans are all too familiar with is expected to increase to 1.3 billion by State’s coast by expanding the sanc- the numerous horror stories of pas- 2025, we can’t afford a ‘‘business as tuaries’ boundaries to include more of sengers trapped in airplanes sitting on usual’’ attitude when it comes to pas- northern California’s great coastal runways for sometimes as much as 11 senger safety and efficiency at our na- upwelling area, one of only four on the hours without adequate food or water, tion’s busiest airports. planet. overflowing restrooms, and no oppor- Consumers deserve access to food, Upwelling areas are places where tunity to deplane. water, and medical attention when deeper water comes up to the surface, The delays continue. On the Sunday stranded on an aircraft tarmac due to bringing the nutrients needed by ma- before Christmas 2008, more than 250 delays. Congress has the ability to en- rine algae to grow and support all high- passengers on a Continental Airlines sure airline passengers’ fundamental er forms of marine life. Though coastal flight from Houston to Boston were di- rights are protected by enacting our upwelling areas comprise only 1 per- verted to Bangor, ME, where they Passenger Bill of Rights legislation. cent of the world’s ocean they produce spent about 6 hours idling on the I look forward to working with my 20 percent of its fish. The area from tarmac before they were told that they colleagues to pass this legislation in Point Arena to Bodega Bay, currently were going to deplane for the night and this Congress. outside the sanctuaries’ boundaries, is would have to find shelter and trans- Ms. SNOWE. Mr. President, I come to particularly important since it consist- portation on their own. the Senate floor today on behalf of the ently has the most intense upwelling in When these passengers returned the millions of travelers throughout this all of North America and an enormous next day for their trip home, not only country. Before I begin, I would like to capacity to support marine life. I am was their flight delayed 5 hours but take this opportunity to thank Senator proud that my bill will expand the they also spent another 2 hours idling BOXER for being such a fantastic part- sanctuaries’ boundaries to protect this on the tarmac before finally flying to ner in this effort; an effort that sets upwelling area. Boston. aside partisanship to protect America’s The unique productivity of this re- In 1999, the airlines had an oppor- traveling public. Her aggressive, heart- gion is illustrated by the abundance tunity to address the stranding of air- felt leadership on this issue has been so and diversity of marine life it supports: line passengers on tarmacs across the essential in moving this legislation for- 36 species of marine mammals, includ- country, but despite those efforts little ward and keeping it at the forefront of ing the endangered blue and humpback has changed. the public consciousness. whales; numerous coastal and migra- Last March a Federal appeals court To my regret, each one of us is far tory seabirds, including the black-foot- ruling struck down New York State’s too familiar with horror stories of pas- ed albatross; endangered leatherback Passenger Bill of Rights law, stating sengers stranded on airplanes for hours turtles; and Coho salmon. Expanding that it is up to the Congress to set a at a time with no access to food, water the existing sanctuaries to include this national Federal standard. or even functional restrooms. Events area is necessary to protect this re- To meet this immediate need for like the unconscionable delays at JFK markable ecosystem from pollution Federal legislation, I am re-intro- Airport in New York in February of and habitat degradation. ducing the Airline Passenger Bill of 2007 are the most commonly ref- My bill has broad, local support, in- Rights Act, along with Senator SNOWE, erenced, but these sorts of events are cluding from the California Coastal to give airline passengers basic protec- occurring on a daily basis. Such dra- Commission, the California State tions when they are facing these delays matic incidents prompted calls for con- Lands Commission, the Counties of and disruptions in their travel. gressional action. That call was heard, Sonoma, Marin, and Mendocino, and This legislation requires airlines to and its answer is this Passenger Bill of the cities in the expansion region. It is give passengers adequate food, water, Rights before us today. But as time also supported by fishermen, including facilities, and medical attention when went on, and this legislation before us the Pacific Coast Federation of Fisher- planes are delayed on the tarmac. today languished, the chorus for men’s Associations, by far the largest In addition, the bill requires each air change grew quiet. The reasons why we and most active association of com- carrier to develop an emergency con- first proposed the Passenger Bill of mercial fishermen on the West Coast. tingency plan, to be reviewed and ap- Rights have not dissipated; in fact, Fishermen recognize the urgency of proved by the Department of Transpor- they have only increased. passing this legislation to preserve the tation (DOT) that identifies a clear The 2008 Air Quality Rating report, water quality and habitat essential for timeframe to allow passengers to which quantifies the performances of good fishing. deplane if they choose and if the pilot the various airlines when it comes to My bill will help preserve an incom- deems it safe. customer service, indicated it was ‘‘the parable gem of an ecosystem. I look Airlines will need to give passengers worst year for airlines Ever.’’ Delays forward to working with my colleagues the option of deplaning every 3 hours, continue to escalate. In fact, despite to move this important legislation. with exceptions to maintain passenger nearly a 10 percent reduction in capac- safety and airport efficiency. ity last year, delays actually climbed By Mrs. BOXER (for herself and Our legislation also includes a few to a record high; an average of nearly Ms. SNOWE): additional provisions from the FAA Re- an hour per delay. S. 213. A bill to amend title 49, authorization bill passed by the House At a time when airlines are ground- United States Code, to ensure air pas- in the last Congress. Our bill requires ing flights without notice and pas- sengers have access to necessary serv- airports to develop plans to handle sengers face interminable waits in air- ices while on a grounded air carrier, stranded passenger aircraft and creates craft and on tarmacs with little or no

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 12, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 549 idea as to when they might depart, solve, we can take up and pass an FAA Medicaid eligible children at 150 per- there are no safeguards in place to pro- Reauthorization that includes the Pas- cent of poverty that were part of our tect the rights of America’s travelers— senger Bill of Rights, we can restore State’s expansions prior to the enact- the time is now for Congress to do the America’s trust in our airlines and ment of SCHIP. That language was right thing and finally stand with guarantee them a standard of service maintained in conference and included America’s passengers. The Federal we should all be entitled to. in H.R. 2854 that was signed by the court system agrees with us; in voiding President as Public Law 108–74. Unfor- New York State’s own Passenger Bill Mr. BINGAMAN (for himself, Mr. tunately, a slight change was made in of Rights, the Second United States LEAHY, Mr. LIEBERMAN, and Mr. the conference language that excluded Court of Appeals decision indicated CARDIN): New Mexico and Hawaii, Maryland, and that such a Bill of Rights required ‘‘a S. 214. A bill to amend title XXI of Rhode Island and needed specific Federal standard.’’ The airlines de- the Social Security Act to permit changes so an additional bill was clared victory as the New York law was qualifying States to use their allot- passed, H.R. 3288, and signed into law overturned; according to the airlines, ments under the State Children’s as Public Law 108–107, on November 17, it would herald a jumble of changing Health Insurance Program for any fis- 2003. This second bill included language regulations among different states, cal year for certain Medicaid expendi- from legislation that I introduced with making it too difficult to navigate. tures; to the Committee on Finance. Senator Domenici, S. 1547, to address However, when presented with the op- Mr. BINGAMAN. Mr. President, I rise the problem caused to New Mexico by tion of having a national standard by with co-sponsors Senators LEAHY, the conference committee’s change. Senator BOXER and myself, they op- LIEBERMAN, and CARDIN to introduce Unfortunately, one major problem with posed that proposal as well. It seems and ask your support for the Children’s the compromise was that it must be pe- the airlines want carte blanche to treat Health Equity and Technical Amend- riodically reauthorized. Most recently, passengers as they wish, with no re- ment Act. this authority was renewed through course for that individual. It is clear, Since the passage of the Children’s fiscal year 2007 in Section 201(b) of the Congress must take this matter in Health Insurance Program, or SCHIP, National Institutes of Health Reform hand. in 1997, a group of States that expanded Act of 2006, Pub. L. No. 109–482. With- Simply put, Congress has run out of coverage to children in Medicaid prior out future authority, the inequity excuses. The courts have definitively to the enactment of SCHIP has been would continue with SCHIP allot- ruled that this is the Federal Govern- unfairly penalized for that expansion. ments. ment’s responsibility. We have not just States are not allowed to use the en- This legislation would address that a right, but a responsibility to the hanced matching rate available to problem and ensure that all future al- American people to ensure that there other States for children at similar lotments give these 11 States the flexi- is some level of accountability, some levels of poverty under the act. As a re- bility to use our SCHIP allotments to minimum standard. If a patron visits a sult, a child in the States of New York, pay for health care services of children. restaurant that does not offer some Florida, and Pennsylvania, because In order to bring these requirements modicum of working restrooms or pro- they were grandfathered in the original in-line with those of other States, it vide adequate food and water, that cus- act or in Iowa, Montana, or a number would also lower the threshold at tomer can leave the restaurant and of other States at 134 percent of pov- which New Mexico and other effected find another. For the airline passenger, erty is eligible for an enhanced match- States could utilize the funds from 150 that is not an option. They are trapped ing rate in SCHIP but that has not percent of the Federal poverty level to at the mercy of the airline; airlines been the case for States such as New 125 percent. whose only concern is the bottom line Mexico, Vermont, Washington, Rhode There is strong bipartisan support for and getting that aircraft off the Island, Hawaii, and a number of others, addressing this inequity. Legislation ground, however long that might take. including Connecticut, Tennessee, Min- was introduced in the 110th Congress in Waiting for the airlines to alter their nesota, New Hampshire, Wisconsin, and both H.R. 3584 by Republican Rep- customer service model isn’t going to Maryland. resentative BARTON, and 141 co-spon- work. Thanks to Congressional prod- As the health policy statement by sors, and S. 2086 by Senator Trent Lott ding, the airlines put into place their the National Governors’ Association and other Republican leadership to ex- voluntary Customer Service Agree- reads, ‘‘The Governors believe that it is pand the category of children eligible ment in 1999. They have had almost a critical that innovative states not be through this correction to 133 percent decade to follow through with estab- penalized for having expanded coverage of the Federal poverty level. lishing some basic commitment to cus- to children before the enactment of This rather technical issue has real tomer service and failed miserably. SCHIP, which provides enhanced fund- and negative consequences in States That is not my conclusion; the Inspec- ing to meet these goals. To this end, such as New Mexico. In fact, due to the tor General of the Department of the Governors support providing addi- SCHIP inequity, New Mexico has been Transportation agreed with that as- tional funding flexibility to states that allocated $266 million from SCHIP be- sessment. It is clear that after years of had already significantly expanded tween fiscal years 1998 and 2002, and refusing to adopt a commitment to coverage of the majority of uninsured yet, has only been able to spend slight- provide customer service to the Amer- children in their states.’’ ly over $26 million as of the end of last ican people, the airline industry will For 6 years, our group of States has fiscal year. In other words, New Mexico not take action unless Congress re- sought to have this inequity addressed. has been allowed to spend less than 10 quires them to do so. This time, Con- Early in 2003, I introduced the Chil- percent of its Federal SCHIP alloca- gress needs to show it is serious about dren’s Health Equity Act of 2003 with tions. protecting passengers. Senators Jeffords, MURRAY, LEAHY, and This legislation would correct this By our actions, we can show the Ms. CANTWELL and we worked success- problem. American people that we are on their fully to get a compromise worked out The bill does not take money from side and are working to protect their for inclusion in S. 312 by Senators other States’ SCHIP allotments. It interests. Never again, should a family ROCKEFELLER and Chafee. This com- simply allows our States to spend our be forced to sit on a tarmac for 10 promise extended expiring SCHIP al- States’ specific SCHIP allotments from hours, deprived of the most basic of ne- lotments only for fiscal years 1998 the Federal Government on our unin- cessities. Canada was able to pass their through 2001 in order to meet budg- sured children—just as other States passenger bill of rights legislation, so etary caps. across the country are doing. if Canada can do it, then there is no The compromise allowed States to be Mr. President, I ask unanimous con- reason that Congress cannot do the able to use up to 20 percent of our sent that the text of the bill be printed same. By acting swiftly, and with re- State’s SCHIP allotments to pay for in the RECORD.

VerDate Mar 15 2010 12:48 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S12JA9.001 S12JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 550 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 12, 2009 There being no objection, the text of itself on free and fair debate on each a few changes in procedure, this Senate the bill was ordered to be printed in and every issue that comes before it. can ensure a more productive environ- the RECORD, as follows: Traditionally, members have had the ment in the 111th Congress and beyond. S. 214 right to offer virtually any amendment f on any bill at any point in the legisla- Be it enacted by the Senate and House of Rep- AMENDMENTS SUBMITTED AND tive process. This all inclusive practice resentatives of the United States of America in PROPOSED Congress assembled, of legislating has earned the United SECTION 1. SHORT TITLE. States a unique place among modern SA 15. Mr. REID proposed an amendment This Act may be cited as the ‘‘Children’s democracies because of the open arena to the bill S. 22, to designate certain land Health Equity Technical Amendments Act of for ideas and sufficient debate. components of the National Wilderness Pres- 2009’’. However, in the past 15 years both ervation System, to authorize certain pro- grams and activities in the Department of SEC. 2. AUTHORITY FOR QUALIFYING STATES TO sides of the aisle have increasingly the Interior and the Department of Agri- USE CHIP ALLOTMENT FOR ANY FIS- seen the majority leaders use their au- CAL YEAR FOR CERTAIN MEDICAID culture, and for other purposes. EXPENDITURES. thority to seek first recognition and SA 16. Mr. REID proposed an amendment (a) ELIMINATION OF FISCAL YEAR AND PER- fill the amendment tree. Republicans to amendment SA 15 proposed by Mr. REID to CENTAGE LIMITATIONS.— and Democrats alike have been equally the bill S. 22, supra. SA 17. Mr. REID proposed an amendment (1) IN GENERAL.—Section 2105(g)(1)(A) of as guilty of this practice for history the Social Security Act (42 U.S.C. to the bill S. 22, supra. has shown, when there is a problem SA 18. Mr. REID proposed an amendment 1397ee(g)(1)(A)), as amended by section with this institution, bipartisan blame to amendment SA 17 proposed by Mr. REID to 201(b)(1) of the Medicare, Medicaid, and is easily applicable. Beginning in 1993, the bill S. 22, supra. SCHIP Extension Act of 2007 (Public Law ‘‘filling the tree’’ became increasingly SA 19. Mr. REID proposed an amendment 110–173), is amended by striking ‘‘not more to amendment SA 18 proposed by Mr. REID to than 20 percent of any allotment under sec- prevalent as Senator George Mitchell used it 9 times in the 103rd Congress, the amendment SA 17 proposed by Mr. REID tion 2104 for fiscal year 1998, 1999, 2000, 2001, to the bill S. 22, supra. 2004, 2005, 2006, 2007, 2008, or 2009’’ and insert- Senator Trent Lott used it nine times SA 20. Mr. VITTER (for himself and Mr. ing ‘‘a fiscal year allotment under section in the 106th, and Senator Frist used it SHELBY) submitted an amendment intended 2104’’. 9 times in the 109th. In the recently to be proposed by him to the bill S. 22, supra; (2) CONFORMING AMENDMENT.—Effective as concluded 110th Congress, Majority which was ordered to lie on the table. if included in the enactment of section 201(b) Leader Senator REID filled the tree on SA 21. Mr. VITTER submitted an amend- of the Medicare, Medicaid, and SCHIP Exten- 16 different occasions, bypassing the ment intended to be proposed by him to the sion Act of 2007 (Public Law 110–173), para- previous record amount by a signifi- bill S. 22, supra; which was ordered to lie on graph (2) of that section is repealed. the table. (b) MODIFICATION OF ALLOWABLE EXPENDI- cant margin. f TURES.—Section 2105(g)(1)(B)(ii) of such Act Regular order in this chamber was (42 U.S.C. 1397ee(g)(1)(B)(ii)) is amended by sacrificed in this past Congress, and in TEXT OF AMENDMENTS striking ‘‘150’’ and inserting ‘‘125’’. its place was a procedural tactic that SA 15. Mr. REID proposed an amend- (c) EFFECTIVE DATE.—The amendments prevented passage of legislation that made by this section shall take effect on Oc- ment to the bill S. 22, to designate cer- would have been extremely beneficial tain land components of the National tober 1, 2008, and shall apply to expenditures for this country. Bills such as FAA Re- made on or after that date. Wilderness Preservation System, to au- authorization—H.R. 2881, Climate thorize certain programs and activities f Change Legislation—S. 3036, and the in the Department of the Interior and SUBMITTED RESOLUTIONS Energy Speculation Bill—S. 3268 were the Department of Agriculture, and for all derailed by this practice. Cloture on other purposes; as follows: each piece of legislation was not At the end, insert the following: SENATE RESOLUTION 12—TO achieved and caused any further move- The provisions of this bill shall become ef- AMEND THE STANDING RULES ment on them to be stymied. Blame fective 5 days after enactment. OF THE SENATE TO PROHIBIT was placed on Republicans for engaging FILLING THE TREE in obstruction through the use of the SA 16. Mr. REID proposed an amend- filibuster to prevent movement to de- ment to amendment SA 15 proposed by Mr. SPECTER (for himself, Mr. bate. The fact of the matter was our Mr. REID to the bill S. 22, to designate COBURN, and Mr. ALEXANDER) sub- side was completely blocked from par- certain land components of the Na- mitted the following resolution; which ticipating in the legislative process, tional Wilderness Preservation Sys- was referred to the Committee on forcing our hand to oppose moving to tem, to authorize certain programs and Rules and Administration: the bill. activities in the Department of the In- S. RES. 12 My proposed resolution would dis- terior and the Department of Agri- Resolved, That (a) rule XV of the Standing allow the majority leader or any other culture, and for other purposes; as fol- Rules of the Senate is amended by adding at member from offering a first-degree lows: the end the following: amendment, followed by a second-de- In the amendment, strike ‘‘5’’ and insert ‘‘6. Notwithstanding action on a first de- ‘‘4’’. gree amendment, it shall not be in order for gree amendment. It amends Rule 15, Standing Rules of the Senate and it is a Senator to offer a second degree amend- SA 17. Mr. REID proposed an amend- my hope the Senate can adopt this and ment to his or her own first degree amend- ment to the bill S. 22, to designate cer- operate under this rule in the 111th ment.’’. tain land components of the National (b) The amendment made by subsection (a) Congress and beyond. It is time for this Wilderness Preservation System, to au- shall take effect at the beginning of the chamber to conduct business in a log- thorize certain programs and activities 111th Congress. ical, factual way; that is, for Senators in the Department of the Interior and Mr. SPECTER. Mr. President, I have to come to the floor and address the the Department of Agriculture, and for sought recognition today in order to substance of the bill and offer amend- other purposes; as follows: reintroduce a resolution I first put for- ments if they choose. ward in the 110th Congress that would Congress currently has an approval At the end, insert the following: This bill shall become effective 3 days after prohibit the use of the procedural tac- rating at a level that is unacceptable. enactment of the bill. tic of filling the tree. I feel strongly As we enter a new Congress, efforts that this practice contributed greatly must be made to allow regular proce- SA 18. Mr. REID proposed an amend- to inefficiencies and ineffectiveness dure to return to the United States ment to amendment SA 17 proposed by that the United State Senate experi- Senate. It is my hope that the grueling Mr. REID to the bill S. 22 to designate enced in the 110th Congress. Commonly hours members and staff put into legis- certain land components of the Na- known as the ‘‘world’s greatest delib- lation will be honored by giving it due tional Wilderness Preservation Sys- erative body,’’ the Senate has prided consideration on the Senate floor. With tem, to authorize certain programs and

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