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

Vol. 155 WASHINGTON, MONDAY, FEBRUARY 2, 2009 No. 20 Senate The Senate met at 2 p.m. and was appoint the Honorable JIM WEBB, a Senator or bad. I have worked something out so called to order by the Honorable JIM from the Commonwealth of Virginia, to per- that on Wednesday Senator INOUYE has WEBB, a Senator from the Common- form the duties of the Chair. agreed to be here at the time when we wealth of Virginia. ROBERT C. BYRD, are at our annual retreat, which is President pro tempore. right close to Capitol Hill. We will PRAYER Mr. WEBB thereupon assumed the come in about 10:30 and that will be chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- over about 3 p.m., in the afternoon, but fered the following prayer: f there is no reason why the Republicans Let us pray. RECOGNITION OF THE MAJORITY can’t offer amendments on Wednesday. Immortal, invisible, God only wise, LEADER So we should be able to move this allow the mystery of Your power and along quite well. grace to be felt by our Senators today. The ACTING PRESIDENT pro tem- We will try to be as understanding of May this transcendent presence em- pore. The majority leader is recog- everyone’s schedules, especially the power our lawmakers to be faithful nized. committees, so that, if necessary, we managers of their God-given talents. f will try to stack some votes. I say to my distinguished Republican colleague As they use their different gifts for SCHEDULE Your glory, fill their hearts with grati- that we are willing to have a number of tude. May this spirit of thankfulness Mr. REID. Mr. President, following amendments pending at a given time; engender a unity of purpose that will leader remarks, the Senate will turn to we just have to be careful that we don’t enable them to meet the challenges of consideration of H.R. 1, the Economic get so many pending it is unmanage- our time. Lord, keep these Your serv- Recovery Act of 2009. able. But we will be happy to work on ants under the protection of Your di- At 3:15 p.m. today, the Senate will this. vine favor. Allow them to so conduct proceed to executive session to con- Before I say anything about the At- the business of freedom that the next sider the nomination of Eric Holder to torney General nomination, I wish to generation will speak their names with be United States Attorney General. ask my friend if he has anything to say gratitude. The time until 6:15 p.m. will be equally about the schedule. We pray in Your great Name. Amen. divided and controlled between Senator Mr. MCCONNELL. I say to my friend LEAHY and Senator SPECTER or their the majority leader that the two man- f designees. At 6:15 p.m. the Senate will agers on this side will be Senators PLEDGE OF ALLEGIANCE vote on the Holder confirmation. COCHRAN and GRASSLEY, of the two rel- This week, Senators should expect evant committees. The Honorable JIM WEBB led the long days with votes on numerous Pledge of Allegiance, as follows: I appreciate very much the thought amendments as the Senate considers about Wednesday. My Members are I pledge allegiance to the Flag of the the economic recovery legislation. anxious to offer amendments, and that United States of America, and to the Repub- lic for which it stands, one nation under God, I am going to make a few remarks on gives us an opportunity to do that dur- indivisible, with liberty and justice for all. the Attorney General nomination, but ing the day on Wednesday, even though let me say this. Senators BAUCUS and your conference is tied up. It would be f INOUYE are going to be managing the my hope that we could vote Wednesday APPOINTMENT OF ACTING bill, because it is equally divided be- night and process amendments. This is PRESIDENT PRO TEMPORE tween appropriations matters and fi- such a big week, and such an important The PRESIDING OFFICER. The nance matters. We are going to work, measure, as we all know, that I have clerk will please read a communication starting today, with them making told my Members—and I hope it is the to the Senate from the President pro statements—and I haven’t finalized case—that after tonight, all bets are this with the Republican leader yet— off in terms of working in the evening, tempore (Mr. BYRD). The legislative clerk read the fol- but I think for tonight it will be debate and my Members are expecting that to lowing letter: only, after the Holder nomination, and happen. I ask my friend the majority then tomorrow we will move to amend- leader if it is his view that is the way U.S. SENATE, ments. we will operate this week? PRESIDENT PRO TEMPORE, Washington, DC, February 2, 2009. We are going to have as many amend- Mr. REID. Yes. We should tomorrow To the Senate: ments as people feel are appropriate on have a very long, hard day, and Under the provisions of rule I, paragraph 3, this legislation, without any prejudg- Wednesday, even though there are a of the Standing Rules of the Senate, I hereby ment as to what amendments are good few hours that a lot of Democrats

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

S1235

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VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 jbell on PROD1PC69 with SENATE S1236 CONGRESSIONAL RECORD — SENATE February 2, 2009 won’t be in and we won’t be able to The American people have real ques- Guard to force Governor Wallace to have votes, in the evening we can have tions about the merits of spending tens step aside and allow those students to as many votes as we need. There is no of millions of dollars sprucing up gov- enter. reason we can’t work into the night ernment buildings here in Washington, These are only two of countless ex- and then come back on Thursday. for example, or removing fish barriers, amples of the U.S. Department of Jus- There are some important things rather than growing the economy and tice enforcing the laws of our country. going on this weekend, and the Repub- creating jobs. We will have an oppor- Although the parchment of our Con- lican leader and I have talked about tunity to further craft this measure as stitution may be a little yellow and the that. We will be as understanding as we it moves through the Senate. Repub- ink faded somewhat, as long as the can of everybody’s schedule, but I do licans are anxious to offer amend- Justice Department stands behind the remind everyone that the Presidents ments, have debate, and have votes. people’s demands for liberty, the spirit Day recess is coming up. We have been Mr. President, I yield the floor, and I of our Founders will never recede. I here 6 weeks, and we not only have ob- thank the majority leader for deferring have no desire to rehash the many ligations here but we have obligations to me for a moment. ways the Bush administration politi- at home. There is work we have to do The ACTING PRESIDENT pro tem- cized and degraded the Justice Depart- at home, but we are not going to be pore. The majority leader is recog- ment away from its historic mission. able to do that important work until nized. While we must not fail to remember that sad chapter in our history, I am we finish this economic recovery legis- f lation. So we are going to be as far more interested in looking toward a HOLDER NOMINATION thoughtful and as considerate on both more hopeful future. sides as necessary. Mr. REID. Mr. President, in the long With President Obama in the White I have to say, Mr. President, as far as and lurching march toward equality House and Eric Holder leading the Jus- the managers of this legislation, we are that in no small manner defines our tice Department, that brighter future begins right now. The experience of in the majority at this time, but it progress as a nation, this moment in this nominee is unquestioned. As a wasn’t long ago that Senator COCHRAN history will be remembered as a golden young lawyer, fresh out of Columbia and Senator GRASSLEY were chairmen age. The election of Barack Obama ful- Law School, one of the finest law of those committees. These are four of fills a dream that seemed unimaginable schools in America, Eric Holder accept- the most respected, knowledgeable, a generation ago, or even a few years ed a job at the Justice Department. He and experienced managers we could ago. A child born today will have every didn’t want to see how much money he have, the four people we have men- reason to believe the old adage that in could make, he wanted to enter public tioned—INOUYE, BAUCUS, SPECTER, and America any boy or girl can grow up to service, and he did. The job he took at COCHRAN. So there is no reason that be President. the Justice Department is now a de- these people, with the experience they To join him in governing our coun- try, President Obama has chosen a bril- partment he stands ready to lead. have, can’t help us move through this At the time he worked there, as a legislation. liant, honorable, and exceptionally well qualified individual to serve as At- young new lawyer, he was charged with Mr. MCCONNELL. May I ask the ma- the unenviable task of prosecuting cor- jority leader one other question? torney General of the United States. With historic challenges facing the De- rupt public officials who had violated I have a very short statement, unre- the public trust. This kind of work can lated to the Holder nomination, if the partment of Justice, I urge all my col- leagues to support the nomination of be thankless and politically sensitive, majority leader wouldn’t mind. but from a young age Eric Holder Eric Holder. Mr. REID. I would be happy to have showed the courage to stand for the the Senator do that. What began as a one-man, part-time office to represent the United States in public interest no matter the personal f or political cost. Supreme Court trials, the Attorney In 1988, Eric Holder was appointed by RECOGNITION OF THE MINORITY General now has been transformed over LEADER President Reagan to be a judge in the the years to be the lead agency to fight District of Columbia Superior Court. In The ACTING PRESIDENT pro tem- terrorism, prosecute crime, and uphold this capacity he presided over count- pore. The Republican leader is recog- the fundamental rights of every cit- less trials involving violent crimes and nized. izen. murder, proving himself to be a fair f In 1957, with the civil rights move- and tough administrator of justice. ment growing and conflicts bubbling in JUMP STARTING THE ECONOMY In 1993, President Clinton chose Eric all regions of our country, the Civil Holder as U.S. Attorney for the Dis- Mr. MCCONNELL. On the same sub- Rights Division of the Department of trict of Columbia, where he focused on ject, Mr. President, I think we all agree Justice was established. When Congress improving some of Washington, DC’s it is important to jump-start the econ- passed the Civil Rights Act of 1964, the most crime-ridden neighborhoods by omy, and this week we will have the Voting Rights Act of 1965, and other locking up wrongdoers and involving opportunity, as the majority leader legislation prohibiting discrimination communities in law enforcement. and I have been discussing, to have full on the basis of race, sex, handicap, reli- As Deputy U.S. Attorney General debate and many amendments on how gion, or national origin, it was the starting in 1997, Holder showed fear- to do that and how to improve on the Civil Rights Division that ensured they lessness in prosecuting crimes against bill passed by the House. would be enforced; that is, the laws children, white-collar crimes, and Republicans agree with President passed would be enforced. crime in general. During his tenure as Obama that we should trim things out In the fall of 1962, Attorney General Deputy Attorney General, Mr. Holder that don’t put people back to work. Robert F. Kennedy ordered U.S. Mar- was also faced with the difficult deci- The standard he set for this bill is pret- shals to stand guard at the University sion of how to advise Attorney General ty simple and easy to understand. He of Mississippi so that James Meredith, Janet Reno on the investigation that wanted to incorporate good Republican the first African American accepted for led to the impeachment of President ideas and trim the fat that won’t put admission, could enroll and attend Clinton. He chose to urge the Attorney people to work right now. I think that classes peacefully amidst a violent mob General to expand the investigation to is a pretty good principle. Republicans of thousands. ensure that all facts would come to believe a stimulus bill must fix the In the summer of 1963, the Justice light. He was harshly criticized by main problem in the economy, which is Department, led by Deputy Attorney members of his own party for causing housing. We need to fix housing first. General Nicholas Katzenbach, con- political trouble for the President. Republicans also believe we must put fronted Governor George Wallace as he But in this decision, Eric Holder money back into the pockets of tax- physically blocked the admission of again showed the courage to uphold payers, and we believe we must elimi- two African-American students to the perhaps the most important principle nate wasteful spending from this pack- University of Alabama. It took the fed- for any Justice Department official: age. eralization of the Alabama National answering to the people first.

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.001 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1237 There is no question that a difficult A million jobs have been lost in the series of drastic policy reforms that job awaits our next Attorney General. past 2 months, and this coming Friday the economy slowly began to improve, He must strengthen the fight against we expect to learn that during the and, almost as important, gave the av- terrorism, he must do more to keep our month of January, another 600,000 jobs, erage American reason to believe that streets and boardrooms safe from at a minimum, have been lost. there was a light at the end of the tun- crime, and rebuild the Justice Depart- The American people fully under- nel. ment to be once again a guardian of stand the depth and seriousness of our We must act boldly, decisively, and the common good. Eric Holder has economic problems. with all possible speed, or we will face proven that he has the courage and U.S. foreclosures increased by more dire consequences. The American Re- wisdom to do justice to this critical than 81 percent last year, a record, covery and Reinvestment Act is the an- job. with over 2.3 million foreclosures. Our swer. This legislation will not only cre- f States are struggling terribly, facing ate jobs now, but will also begin the the prospect of cutting off vital serv- process of rebuilding the physical in- RESERVATION OF LEADER TIME ices, including schools and police. frastructure of America that is the key The ACTING PRESIDENT pro tem- Forty-four States are facing budget to future prosperity. pore. Under the previous order, the shortfalls totaling $90 billion for fiscal Based on these needs, The American leadership time is reserved. year 2009 and $145 billion for fiscal year Recovery and Reinvestment Act fo- f 2010. cuses on the following goals: In 2008, U.S. stocks lost roughly $7 First, creating or saving at least 4 AMERICAN RECOVERY AND trillion in value. In an instant, the life million jobs; REINVESTMENT ACT OF 2009 savings of millions of Americans sim- Second, investing in America’s future The ACTING PRESIDENT pro tem- ply disappeared. Our banking system is by rebuilding our basic infrastructure. pore. Under the previous order, the in grave shape. Last year, 25 banks Third, providing for job retraining Senate will proceed to the consider- with $373.6 billion in total assets failed for those workers who need to learn ation of H.R. 1, which the clerk will re- in the U.S. new skills in order to compete in the port. All the while, the critical needs of global economy today, while at the The legislative clerk read as follows: our Nation are going unmet. The American Society of Civil Engineers— same time, improving the education of A bill (H.R. 1) making supplemental appro- our children and young adults so Amer- priations for job preservation and creation, ASCE—estimates that $2.2 trillion is infrastructure investment, energy efficiency needed over a 5-year period to bring the icans can remain competitive tomor- and science, assistance to the unemployed, Nation’s infrastructure to an adequate row; and State and local fiscal stabilization, for condition. Fourth, moving toward energy inde- the fiscal year ending September 30, 2009, and How can we grow our economy and pendence and away from burning fossil for other purposes. provide opportunities for today’s work- fuels that leave us dependent on for- The ACTING PRESIDENT pro tem- ing men and women if the basic phys- eign oil; pore. The majority leader is recog- ical infrastructure that underlies every Fifth, improving our healthcare sys- nized. job in this country is falling apart? tem so all Americans can have access AMENDMENT NO. 98 We must invest in our future by mak- to quality treatment; (Purpose: In the nature of a substitute) ing the necessary commitments to en- Sixth, providing tax cuts and other Mr. REID. Mr. President, on behalf of sure that our infrastructure will sup- means of assistance to lessen the im- Senators INOUYE and BAUCUS, I call up port our future economic growth. pact of this crisis on America’s work- amendment 98 and ask unanimous con- But today, we face a much more im- ing families. sent that once the amendment is of- mediate crisis. In Saturday’s New York To meet these goals the Finance and fered, no further amendments be in Times, economist Allen Sinai stated: Appropriations Committees rec- order during today’s session of the Sen- My sense is that business is slashing ommend a total of $888 billion in fund- ate. hugely and across the board. Everyone is ing, including $365.6 billion in new ap- The ACTING PRESIDENT pro tem- cutting prices, people, capital spending and propriations. This is a significant pore. Without objection, it is so or- all kinds of expenses. It is almost a herd in- amount of money, but an amount that stinct. dered. The clerk will report. we believe is wholly necessary to con- The legislative clerk read as follows: There is nothing more destructive to front the challenges facing our Nation. economic growth than deflation. It was My distinguished colleague from The Senator from Nevada [Mr. REID], for the defining characteristic of the Great Mr. INOUYE and Mr. BAUCUS, proposes an Montana will address the tax and man- amendment numbered 98. Depression, and it is the single most datory spending issues that we are rec- difficult economic condition to reverse. (The amendment is printed in the ommending and I will address the We cannot allow a deflationary spiral RECORD of Friday, January 20, 2009, spending programs that were approved to develop. by the Appropriations Committee by a under ‘‘Text of Amendments.’’) Only one institution in the United vote of 21 to 9. The ACTING PRESIDENT pro tem- States, the Federal Government, has pore. The Senator from Hawaii is rec- the capacity to step into the breach It would take far too long to describe ognized. and stop the terrible spiral of increased in detail the hundreds of programs that Mr. INOUYE. Mr. President, I rise layoffs leading to decreased spending, are included in this bill, but I would today in support of H.R. 1, the Amer- in turn leading to more layoffs and so like to take a moment to mention ican Recovery and Reinvestment Act. on. some of the more significant invest- This bill will create 4 million American The Federal Government must take ments that we recommend. jobs, invest in the future of America by aggressive action. We must use all We will invest in our future by fund- rebuilding our roads, bridges and means at our disposal to address this ing projects that will rebuild and im- schools, and will give State and local deepening crisis. prove our physical and cyber infra- governments the resources they need Some argue that this is all part of structure. These projects, totaling $142 to deal with surging demand for social the natural business cycle, that the billion, will create jobs in the near- services and falling tax revenues. best course of action is to stand back term, and will provide an improved Further, this measure will provide and let this crisis work itself out. I foundation for future growth by fixing tax cuts to working families who are would remind those who take this posi- our crumbling roads, bridges, and struggling every day to cope with this tion that the Great Depression was also schools, improving our broadband net- terrible recession. a part of the natural business cycle. work, and increasing our ability to Today, we face the gravest economic President Hoover refused to take ag- conserve energy. crisis that this Nation has seen since gressive action, and the results speak America’s tradition of public edu- the Great Depression. Our fourth quar- for themselves. cation is second-to-none, but it has ter gross domestic product shrank by It was not until President Roosevelt been sadly underfunded in recent years. 3.8 percent, the largest drop since 1982. took office in 1933 and implemented a We all know that for the United States

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.002 S02FEPT1 jbell on PROD1PC69 with SENATE S1238 CONGRESSIONAL RECORD — SENATE February 2, 2009 to compete in the 21st century, Ameri- bill is not perfect. But we must not let We need to act. This economic recov- cans must be well-educated and capa- our fear of imperfection stop us from ery bill will save or create 3 to 4 mil- ble of adapting to an ever-changing taking the bold steps necessary to ad- lion jobs. It will position our economy economic environment. dress this crisis and move America for- to be more competitive. The measure Accordingly, we recommend invest- ward. before us today provides an appropriate ing $125 billion in education and train- The time for action is now. The response to the conditions that we ing so that the next generation of American Recovery and Reinvestment face. American workers is ready and able to Act of 2009 is the right policy at the The Senate Finance Committee meet the challenge of global competi- right time, and I urge each and every worked with the President and Mem- tion. In addition, providing job train- Member of this body to join me in sup- bers of the Senate and the House to put ing to recently laid-off workers in new port of creating jobs, supporting our together its part of the economic re- and expanding fields will help to lower State and local governments, and in- covery substitute that we are consid- the unemployment rate and will allow vesting in the future of America. ering this week. The Senate Appropria- today’s workers to better compete I yield the floor. tions Committee took the lead on its against foreign competition. Mr. BAUCUS. Mr. President, I first part, as well. In the area of energy, the American want to commend my colleagues, Sen- We think that the provisions in this Recovery and Reinvestment Act pro- ator INOUYE from Hawaii, the chairman substitute represent the best ways to vides $49 billion in investments in of the Appropriations Committee, who address spending slowdowns and rising areas critical to the development of I think has undertaken a masterful job unemployment. clean, efficient, American energy, in- in helping to craft, along with his And it will be effective. More than 99 cluding modernizing energy trans- counterpart, Senator COCHRAN from percent of the Finance Committee’s mission, research and development of Mississippi, an economic recovery provisions effects will come in the first renewable energy technologies, and package that will go a long way toward 2 years of the bill. To counteract weak consumer de- modernizing and upgrading govern- getting people back to work. mand and spending slowdowns, we have ment buildings and vehicles. They have done half of the job; the The current economic crisis has af- other half was left to the Finance Com- included several proposals that will put fected all Americans, but none more so mittee. I think together we have come more cash in the pockets of America’s taxpayers, seniors, and disabled vet- than the most vulnerable among us. up with a very good beginning to get erans. The $25 billion in spending proposed Americans back to work and to invest The making work pay tax credit cuts here will serve to lessen the blow of the in many of the projects this country needs so desperately. taxes for more than 95 percent of current recession, providing immediate American working families. It gives relief for children, the poor, and others In 1932, President Franklin Roosevelt said: single taxpayers up to $500 and married who may find themselves struggling to taxpayers up to $1,000 this year and put food on the table or a roof over The country needs and . . . the country de- mands bold, persistent experimentation. . . . next in additional cash that they can their head. use just now. The bill provides $16 billion in invest- [A]bove all, try something. The millions who are in want will not stand idly by silently People will be able to receive the ments in areas critical to immediate forever . . . . benefit throughout the year through a and long-term healthcare for millions Today, the country once again de- reduction in the amount of income tax of Americans. Improved information mands bold action. Our country de- withheld from their paychecks. technology, research facilities, and mands bold action to help rebuild a Seniors, disabled veterans, other dis- health and wellness programs will all very badly damaged American econ- abled workers, and SSI recipients provide a better foundation for pro- omy. would receive a one-time payment of viding quality healthcare to con- Consider the terrible blows to our $300. sumers. economy and the problems that we face Families with children would also We face a critical period in our Na- if we do not act. benefit from these proposals. The in- tion’s history. The next few years will Last Friday the Commerce Depart- come threshold to receive the refund- either see us emerge from this crisis ment reported that from October able child tax credit would be reduced with renewed vigor and with an econ- through December of last year the so that more people would be eligible. omy that remains the leading engine of economy shrank at its fastest pace in a The earned income tax credit would be global growth, or we may face years of quarter century. increased for families with three or slow growth and an ongoing struggle Last year 2.6 million people lost their more children. just to maintain our current standard jobs. If we do not act, 3 to 4 million An amendment added in the Finance of living. more people will lose their jobs. Committee will ensure that the alter- Clearly, the goal of this package is to The decline in home prices and the native minimum tax will not hit any find ways to stimulate the private sec- stock market collapse have sharply re- new taxpayers for 1 more year. tor through public sector spending, to duced the net worth of American fami- Folks struggling to pay for higher jump start the private sector with lies. Net worth declined by roughly education would get relief. The pro- much needed projects that will create one-fifth between the middle of 2007 posal includes a partially-refundable jobs as soon as possible, and that will and the fourth quarter of 2008. new tax credit up to $2,500 for the cost provide meaningful improvements for CBO projects that the national aver- of tuition and fees, including books. our communities. age home price will fall by another 14 Section 529 plans would be enhanced by At the same time, we seek to ensure percent between the third quarter of including the cost of computers as a that the funds that are appropriated in 2008 and the middle of 2010. qualifying expense. this legislation are spent carefully and Equity wealth has declined by $6 tril- This measure would help homeowners with unprecedented transparency. We lion between the end of 2007 and the who are taking advantage of the first- include $110 million in the bill to in- end of 2008. time homebuyer’s credit enacted last crease the resources of agency Inspec- The Standard and Poor’s 500 stock year. Under current law, homebuyers tors General and the Government Ac- index fell by almost 45 percent from have to pay this credit back over 10 countability Office. October 2007 to December 2008. years. The substitute before us today In addition, this measure would es- And the financial crisis has spread would eliminate the repayment obliga- tablish a new oversight board within around the world. tion, unless the homebuyer sells the the executive branch which will be These are not just numbers. These home within 36 months of the pur- charged with oversight of the funding are families who are hurting. These are chase. provided in this bill. mothers and fathers who have lost For small businesses, we have in- Such times as these are only over- jobs. These are parents who have seen cluded expanded expensing through come with courageous leadership and a college savings decimated. These are section 179. This provision helps small willingness to embrace change, listen couples who are struggling to keep businesses quickly recover the cost of to new ideas and take chances. This their homes. certain capital expenses.

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This would put cash in the hands of The second energy tax credit is an their TANF caseloads low. businesses right now. advanced energy investment credit for In addition, the substitute would en- Businesses would also get a tax in- facilities engaged in the manufacture sure that families that qualify could centive through the work opportunity of advanced energy property. continue to receive child support pay- tax credit for hiring unemployed vet- This substitute would make sound in- ments that are intended to be spent on erans and disadvantaged youth. vestments in health information tech- children. For those who receive it, The economic downturn has frozen nology, or health I.T. These invest- child support constitutes about 30 per- the municipal bond market. This re- ments should reduce costs, improve cent of poor families’ income. covery bill includes changes that would quality, and help patients make better The substitute before us would also help to free up this market, unlocking decisions about their health care. Ex- increase the incentive to become em- cash for infrastructure investment. panding use of health I.T. should make ployed by extending the transitional Banks would be able to inject more our health care system more efficient, medical assistance program under Med- capital into projects creating demand reduce errors, and help bring down icaid for 18 months. TMA allows former for municipal bonds, driving down in- costs. TANF recipients to retain Medicaid terest rates. And increasing the small Health I.T. would also provide a plat- coverage for one year after they be- issuer exception would increase the form for standardizing and collecting come employed. These workers usually range of municipalities from which data to move toward paying for per- earn too little to afford private cov- banks can buy. formance, another way to improve effi- erage. This substitute would also eliminate ciency and decrease costs. The substitute before us would also tax-exempt interest on private activity Investing in health I.T. will help to remove barriers to getting Medicaid bonds as a preference item under the put that infrastructure in place, while and CHIP for low-income American In- alternative minimum tax. This would creating thousands of high-tech jobs. dians and Alaska Natives. The funds directed toward these pro- draw new investors and help stabilize And reforming health care is the grams for vulnerable populations would the market. right way to get a handle on entitle- go into the hands of folks who need it The legislation would also establish ment spending. and who will spend it right away. parity for tribal governments on $2 bil- The economic crisis has also created These proposals will increase economic lion of tax-exempt bonds. This impor- significant fiscal difficulties for States. activity, create jobs, and shorten the tant change would allow tribal govern- At least 45 States will face budget amount of time that we all spend in ments to issue debt for projects on shortfalls. Economists expect those this economic crisis. shortfalls to total more than $350 bil- equal footing with other government Another key component of our eco- lion over the next 2 years. issuers. nomic recovery package would help un- And this substitute would create a These dire circumstances have forced employed workers maintain their new tax-credit bond option. This new painful choices. Almost half the States health coverage. bond would give State and local gov- have already made or proposed cuts to When workers lose their jobs, they ernments a new tool to finance infra- their Medicaid Programs. lose more than their paychecks. They structure projects. The continued rise in unemployment often lose their health insurance cov- We have also included incentives for places a further strain on Medicaid. De- erage, as well. energy in this recovery package. These creased revenue coming in means less To address this problem, our proposal incentives would create green jobs pro- money to fund Medicaid. And experts includes help for unemployed workers ducing the next generation of renew- warn that every percentage point in- to pay for their health care premiums. able energy sources, wind, solar, geo- crease in unemployment adds 1 million Today, most workers who lose their thermal. people to the Medicaid and CHIP rolls. jobs have the right to keep their health The substitute would extend and Economists tell us that State fiscal insurance for up to 18 months under modify the renewable energy produc- relief is an effective means to stimu- the COBRA program. But to be eligible tion tax credit for qualifying facilities. late the economy. And they also advise for COBRA health benefits, workers The substitute includes additional that targeted relief to those most in must pay all of the premium costs, plus funding for clean renewable energy need, not based on circumstances of an additional 2 percent for administra- bonds to finance facilities that gen- States’ own making but based on true tive costs. For most folks who have erate electricity from renewable re- measures of distress, is the best means just lost their job, this is simply sources. And the substitute includes of distribution. unaffordable. conservation bonds for States to use to The substitute before us today would Our plan would provide a subsidy to reduce greenhouse gas emissions. provide much-needed relief to every cover up to 65 percent of health pre- Energy experts often cite efficiency State through a temporary increase in mium costs, for up to 9 months. as the low-hanging fruit. Efficiency is the Federal share of Medicaid funding. This premium subsidy is shortterm. the easiest way for us to reduce our en- The substitute would also provide addi- It would be available only to unem- ergy consumption and greenhouse gas tional aid targeted to States facing the ployed workers while they look for a emissions. most precarious fiscal situations, new job. So we have included incentives for measured by an increase in unemploy- For those workers who lose their jobs energy efficiency. The substitute would ment. to international trade, President Ken- increase the value of the existing cred- These measures will keep States nedy established trade adjustment as- it for energy efficient homes. The sub- from having to lay off cops or teachers. sistance, or TAA. I have long cham- stitute would eliminate the limitations And keeping those workers on the job pioned TAA and worked to expand its on specific energy-efficient property. will help the economy. reach and improve its effectiveness. And the substitute would extend the The economic recovery package also Today, TAA gives workers the chance credits for various types of energy effi- supports those who have lost employ- to retrain for new jobs, get access to cient property, for both residential and ment and helps them to find new jobs. health care, and ultimately get back to business. While almost all workers pay into work. And that is why the substitute Two new tax credits would spur our the unemployment insurance program, before us today includes a 2-year exten- alternative energy and production. only about half of them qualify for ben- sion of TAA. The advanced energy research and efits. American workers deserve better. Yet in a time when Americans are development credit would provide an The substitute before us would increase doing everything they can to change, enhanced 20 percent R&D credit for re- and extend benefits to those currently adapt, and be flexible in a global econ- search expenditures incurred in the looking for work. omy, TAA should do the same. fields of fuel cells, energy storage, re- The substitute before us would help We can do more to expand who can newable energy, energy conservation States to cope with the increasing benefit from TAA, and we can improve

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.006 S02FEPT1 jbell on PROD1PC69 with SENATE S1240 CONGRESSIONAL RECORD — SENATE February 2, 2009 how we get them those benefits. That great deal of spending in this bill that scratch. This is not a 1- or 2-year is why I am working with Senator is not immediately stimulative. project; it is an expensive, long-term GRASSLEY, Chairman RANGEL, and Con- The majority describes it as invest- program for which there is barely a gressman CAMP on a robust expansion ments in our Nation’s future. We have foundation. Yet we are putting tax- of TAA. We hope to include this im- the responsibility to be deliberate and payers on the hook for $23 billion. proved TAA in the economic recovery consider these items carefully in the The bill invests heavily in science package before it is enacted. context of the President’s formal budg- and energy programs. Like many of my The package that we are considering et request. colleagues in the Senate, I supported this week is our best effort to reach a The distinguished chairman of the passage of the America COMPETES consensus on an economic recovery bill Appropriations Committee, who is my Act during the last Congress. The goal that can pass the Senate and the House dear friend, made a sincere effort to ac- of that legislation was to ensure that quickly. commodate priorities expressed by Re- science education in America is of a The Nation demands action and ac- publican members of the committee quality that will sustain our economy tion now. Let us act quickly to put our and others who are not on the com- in the 21st century. I also supported economy back on track. Let us act to mittee and to respond to some of their passage of Energy bills in the last 5 restore the Nation’s financial health. concerns. He resisted efforts to clutter years in the hope that they would en- And let us act pass this important leg- the bill with controversial policy ini- hance our Nation’s energy security. islation this week. tiatives that might detract from the Yet I did not support any of these bills The PRESIDING OFFICER (Mrs. focus of the legislation or slow down with the expectation that their various HAGAN). The Senator from Mississippi. the progress of the bill. He also insisted elements would be immediately funded Mr. COCHRAN. Madam President, on a committee markup of the bill. All in their entirety or that they would be the bill now before the Senate provides of these actions demonstrate his un- funded outside the context of our Fed- $365 billion in new spending reported by questioned sense of fairness. eral budget, the regular annual proc- the Appropriations Committee and $522 The fact remains, however, that the ess. billion in tax and mandatory spending Senate is being asked by the adminis- Like most Senators, I assumed we measures recommended by the Finance tration to take a big leap of faith that would evaluate the merits of the indi- Committee. The bill as a whole has a the massive spending proposed in this vidual programs as part of the annual price tag of $887 billion. When the bor- bill will, in fact, stimulate growth of budget and appropriations process. rowing costs associated with this the economy, even though much of the Even if this spending may be entirely spending are included, the cost of the funding will not be spent in the next appropriate, it is reckless to be pro- package rises well over $1.2 trillion. year or two. viding it in the absence of any budg- The President has suggested that even We are all searching for solutions etary context and having done very lit- more measures such as this, other re- that will help the economy in the short tle due diligence. quests to stimulate the financial sys- term. Yet we must consider the long- Much of the spending will have little tem, may be needed to resuscitate the term effects of any so-called stimula- stimulative effect. Projected spend-out housing market and reform financial tive actions we take today. Will the rates are very slow. The Director of the regulatory institutions. We don’t know jobs associated with these proposals be Congressional Budget Office observed what the cost of all of these measures created just as the economy is recov- in a January 28 letter to the chairman will be, but it sounds as if we may be ering, causing inflationary pressures of the Senate Budget Committee: asked to enlarge these commitments that may not be welcome 2 years from Throughout the federal government, spend- even further as time goes by. now? What will be the impacts on Fed- ing for new programs has frequently been Proponents of this bill say that the eral borrowing costs of this additional slower than expected and rarely been faster. fiscal cost of inaction is also substan- deficit spending, particularly once re- Is our putting it in this one bill going tial. They argue that failure to enact covery is underway and we are no to change that? What will be the cost the bill will lead to lower growth and longer able to borrow money as cheap- of these programs 5 years from now? If diminished tax receipts. Yet there is ly as we are now? And perhaps of great- we control the overall level of discre- little documentation to back up that est concern, is it reasonable to expect tionary spending in future years, what claim. Those suggestions have not been stimulus spending to cease after 18 programs and priorities will these new described in any detail by administra- months or 2 years’ time? The Federal initiatives displace? If the spending is tion officials or their economic ex- Government’s track record for termi- entirely additive, what are the impacts perts. nating programs is not very good. of that spending on our national debt In size alone, this measure has few Let me share some of the provisions or on future tax rates? These questions precedents. We are considering this bill of this specific legislation. There are are difficult to answer without sup- in the absence of any formal request or well over 20 new spending initiatives porting documentation and without documentation from the executive and programs that are either being au- having held any hearings. branch. This bill has been described as thorized in this bill or being funded for It seems to me there will be time President Obama’s recovery plan. Yet the first time. These programs account enough to consider these long-term in- we have not had an official request for over $230 billion of the appropriated vestments in the regular order and in from the administration for these spending in the bill. the context of future Federal budgets. funds. I am not one who believes Con- The bill allocates $16 billion to build As former Clinton Budget Director gress must always wait for the execu- and repair local schools, something Alice Rivlin recently testified: tive branch to lead, but with regard to which has not before been considered . . . a long-term investment program this bill, we are giving the executive the responsibility of the Federal Gov- should not be put together hastily and branch immense latitude in the dis- ernment. That is a State and local re- lumped with an anti-recession package. The bursement of the spending it contains. sponsibility. elements of the investment program must be We are doing so without any official re- The bill provides $9 billion to con- carefully planned and will not create many quest and without any documentation struct broadband infrastructure jobs right away. that speaks to the issue of how this throughout the country, even as it re- Yet it is not just these new programs spending will stimulate the economy or quires development of a plan to actu- that should concern us. This bill also what the long-term implications of the ally spend this money, and the creation greatly expands a number of programs spending will be. Normally, this kind of of a broadband infrastructure map that such as Head Start, Pell grants, and information would be contained in an might inform development of that the Individuals with Disabilities Edu- administration budget or supplemental plan. Is this putting the cart before the cation Act. These are all programs request. For items that are well under- horse or at least maybe putting it with merit. I have supported them all, stood to have a short-term stimulative alongside the horse? with supporters on both sides of the effect, most of us will feel comfortable The bill appropriates $23 billion to aisle each year approving bills to ex- debating their merits as part of an create an improved health information tend the authorizations and fund the emergency measure. But there is a technology system, virtually from programs. But the question is, Do they

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.007 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1241 stimulate the economy? How? Is it re- all discretionary spending. Yet the The PRESIDING OFFICER. The Sen- alistic to expect funding levels for agencies and programs supported by ator from Oregon. these programs to revert to today’s those bills have essentially been idling Mr. WYDEN. Madam President, as levels once the economy recovers? I for 4 months under a continuing resolu- the Senate turns to the economic re- think it is safe to expect just the oppo- tion. This is funding at last year’s ap- covery bill I believe there is a message site. proved levels of spending; whereas, if coming to the Senate from Oregon and The Committee for a Responsible enactment had taken place in a timely every corner of our country. The mes- Federal Budget, cochaired by former fashion by this Congress—this Senate sage is that Americans do not want a Congressman Bill Frenzel, my friend, and the House of Representatives bailout. They do not want a handout. and another of President Clinton’s working together—we would have What they want is legislation that pro- former Budget Directors, Leon Pa- much of this money that has pre- vides a path out of these very difficult netta, another friend, recently warned viously been budgeted and approved by economic times. of this danger. Speaking of stimulus committees, approved by the Congress. I believe that, working together this recommendations like planting grass Funding contained in those bills is week, Democrats and Republicans can on the national mall, the committee for projects such as roads, bridges, start building that path. I want to said such things are ‘‘a distraction water projects, Federal buildings, and stress that I am especially interested from the bigger risks in this bill.’’ other activities that might provide in working with colleagues on the jobs now, and they have been held in More troubling is the number of other side of the aisle on this critical abeyance under the terms of a con- items in the stimulus plan that are legislation. tinuing resolution, which is continuing really intended to be permanent new I serve on the Senate Finance Com- this fiscal year to spend at the levels policies rather than temporary items mittee, led by Chairman BAUCUS, and appropriated for spending during the to help boost the economy. one of the best additions to this bill last fiscal year. They said: has been the relief that it provides That is not something that can be from the crushing alternative min- While we need deficit spending now, ex- laid at the feet of President Bush. That tending out borrowing beyond the economic imum tax. This is a killer tax for mid- is the Congress. We hear a lot of criti- dle-class folks. It is something, in my downturn will make our already-dismal fis- cism of the former President, such as cal picture far, far worse. view, that we ought to get rid of per- he is the reason for all this. We need to manently and I have proposed doing They go on to say: look at ourselves. Congress did not that as part of comprehensive tax re- The economy simply can’t handle that. even try to enact the bills. The bi- form. Well, as a result of the bipartisan There is a very real risk that many of these cameral leadership made a conscious work on this legislation in the Finance items will become a permanent part of the decision not to engage the former budget and unless Congress suddenly shows Committee, there is going to be relief President on spending issues or Outer an uncharacteristic willingness to pay for from the AMT for hard-hit, middle- Continental Shelf oil-and-gas leasing— the new items, the deficit will deteriorate class families. another example of something that even further. There has also been important bipar- The committee they chaired went on could be labeled ‘‘stimulative.’’ Had we enacted those appropriations tisan work on the legislation’s ap- to say: bills last fall, agencies would already proach to infrastructure financing. A Many of these items may be worthwhile, be contracting, hiring, and spending member of the Senate Republican lead- but an emergency measure is the wrong way their funding allocations. This week we ership, Senator THUNE of South Da- to push through permanent changes to the kota, has worked with me to craft leg- budget. If politicians want to enact long- would be having a debate probably about the merits of supplementing islation called Build America Bonds, term spending or tax policies, they should be which uses a tax credit approach to enacted through the normal legislative proc- some of those allocations of Federal ess. funds. Instead, we are considering a bill bonds to wring more value from every that supplements many existing pro- dollar that’s made available for infra- I think that is very well put. I think structure. The economic recovery bill we ought to pay attention to what peo- grams without Members even knowing what the regular appropriations bills includes a tax credit bond provision ple like that are saying. that is similar to our legislation, al- The President’s Chief of Staff re- contain for those same programs. In closing, I express my heartfelt though not quite the same, and I will cently said—probably in jest, maybe in continue to push to improve it. jest— thanks and appreciation to the distin- guished Senator from Hawaii, the I believe there are other ideas we are You never want a serious crisis to go to going to focus on, on the floor of the waste. chairman of our Appropriations Com- mittee, for his distinguished leadership Senate, that will bring Democrats and Well, clearly we are seeing the efforts and congratulate him on the way he Republicans together. A number of my by some—and I am not saying the has undertaken to respond to these colleagues on the other side of the aisle President’s Chief of Staff—to use this emergency requests that have been have stressed the need to expand the stimulus bill to achieve long-term ob- submitted to the committee. He has legislation’s support for homeowners jectives that go beyond addressing our handled it all in a fair and thoughtful and home buyers, to help make sure short-term economic policies and prob- way. It is a pleasure working with him that people who want to stay in their lems. and the other members of our Com- homes and who are trying to buy a But we agree—I think all Senators mittee on Appropriations in the Sen- home can get additional relief. I am agree—the economy is under severe ate. very pleased that colleagues on both pressure and Congress should take We, I know, stand ready to continue sides of the aisle have come together to quick but sharply focused action to do to work to improve this bill, to listen work on these kinds of ideas. those things we are confident will have to suggestions of Senators for changes. For this week, I think there are sev- an immediate stimulative impact on It has been an open process, an open, eral key principles that we ought to the economy and improve economic public markup of the bill, an effort to focus on. One that I feel especially prospects. We should address the hous- invite suggestions from any member of strongly about is rewarding success. ing problem that seems to be the cen- the committee, and now it is open for Instead of subsidizing failure, this leg- tral problem in this crisis. We should amendment. This is no effort to rail- islation takes an approach that, in not, however, rush headlong into fiscal road something through here without fact, rewards success. commitments that may haunt us for giving individual Senators the oppor- A prime example is the extension, for years to come. tunity to carefully consider everything 3 years, of the renewable energy pro- If Federal spending on infrastructure in here, to ask questions of those who duction tax credit. To get this tax and other programs is truly stimula- maybe were responsible for the inclu- credit, energy companies actually have tive, is it not unfortunate Congress has sion of certain provisions and the like. to produce energy. As a result, Amer- failed to enact 9 of the 12 regular ap- We are ready to take on these sugges- ican taxpayers will get something back propriations bills for this fiscal year? tions and consider them carefully to for their hard-earned money. That is These bills account for almost half of improve this bill over the coming days. the kind of accountability that I think

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.015 S02FEPT1 jbell on PROD1PC69 with SENATE S1242 CONGRESSIONAL RECORD — SENATE February 2, 2009 the American people have a right to ex- Madam President, I yield the floor. lines The same is true for those things pect. Mr. INOUYE. Madam President, as most Americans have come to take for I think the legislation rewards enter- we begin the process of our discussions granted—basic connections to the out- prise, and I am very pleased about the and debate on legislation to revitalize side world, such telephone service, ac- bill’s provision to provide enhanced our Nation’s economy, I want to take cess to the Internet and broadband writeoffs under section 179 for small this opportunity to underscore the services, public health and safety businesses that invest in plants and points I made on Tuesday of last week broadcast systems. A transition to dig- equipment. as we undertook the markup of the ital television isn’t a challenge to Ultimately, what it comes down to is American Recovery and Reinvestment those who have no electricity. providing relief for middle-class folks Plan. Safe and affordable housing, running so they can get assistance during these As I indicated, it is my belief that we water, potable water, a source of heat— difficult times. all support the central goals of the leg- these aren’t givens in Indian country For example, there has been discus- islation, which include the creation of as they are elsewhere in America. sion of the bill’s supports for health in- jobs, the rebuilding of America’s infra- So tribal governments have taken formation technology. One big reason structure, improving our children’s matters into their own hands—they that middle-class folks cannot get education, moving toward energy inde- have sought to restore their federally ahead is that their medical costs gob- pendence, improving our health care recognized status, to reacquire the ble up their paychecks and one of the system, and lessening the burden that lands that were lost through the open- reasons that medical costs have sky- this crisis has brought to the most vul- ing of Indian reservations to home- rocketed is that there are so many er- nerable among us. steading and the treaty-making proc- rors in the health care system—errors As you well know, beginning in 1987, ess, and to reconsolidate their tradi- and inefficiencies, such as duplicative I served for 19 years as the chairman tional tribal land bases, so that in tests. It seems to me that by investing and vice chairman of the Senate’s turn, they can develop a geographic in health information technology, you Committee on Indian Affairs—and in base upon which to build and sustain make a downpayment on a long-term that capacity I came to know a group economic growth and the means to ef- strategy for holding down medical of American citizens who have clearly fectively serve—through tribal govern- costs and that is extraordinarily im- been the most vulnerable amongst us— ment programs and services—all of portant to middle-class folks. So we the indigenous, native people of the those who reside on tribal lands—not will be talking about this issue more. United States—American Indians, just the citizens of their governments. I note the presence of the distin- Alaska Natives and Native Hawaiians. But our Federal bureaucracies—as guished chairman of the Appropria- President Obama projects that in the well intentioned and well meaning as tions Committee. One of the reasons I near term, the nationwide unemploy- they may have been—have stood in the am confident we can approach this ment rate could reach 10 percent. But way of the tribal governments’ efforts issue in a bipartisan way is because for many of our Nation’s First Ameri- to achieve this economic growth and that is how the chairman of the Appro- cans, an unemployment rate of 10 per- development of Native communities priations Committee has always cent in their communities would signal and those communities which surround worked. That has also been the case a giant step forward—given average un- them, and I believe that the scope of with Senator COCHRAN, Chairman BAU- employment rates in Indian country this bill must be inclusive enough to CUS, and Senator GRASSLEY. We are open to the best possible that range from 50 to 90 percent. embrace initiatives that are designed The infrastructure on many Indian ideas. That is why President Obama, to to remedy not only centuries-old prob- reservations is not only in need of re- his credit, has been reaching out. As lems but to fulfill the commitments far as I can tell, he has that phone building—in most parts of Indian coun- that we have made in a host of land practically attached to his ear talking try, infrastructure is so sorely lacking and water claims settlements, in agree- to colleagues and saying: Bring us your or simply nonexistent, that it must be ments involving State and tribal gov- best ideas. We have tried in the Senate built for the first time. Members of ernments, and most importantly in our Finance Committee, as Chairman Congress have come to this realization treaties with the Indian nations. time and again, as we have enacted INOUYE has done in the Appropriations Accordingly I will look forward to Committee, to start incorporating good scores of settlements of Indian land working with my colleagues to assure ideas, whether they come from the Re- and water claims over the years, and that this bill does not inadvertently publican side of the aisle or the Demo- ratified agreements between State and place obstacles in the paths of those cratic side. tribal governments—only to find that who seek to become self-sufficient and I think we can improve this bill even there is none of the necessary infra- self-sustaining—those who have faith- more. But because it rewards success, structure that would enable the deliv- fully served our country and placed because it rewards enterprise, because ery of water to tribal lands, nor the themselves in harm’s way in the de- there are already good ideas that both jobs associated with the establishment fense of our country in larger propor- parties support, I would urge col- of businesses on tribal lands. tions than any other group of Ameri- leagues to use this week, working with In Indian country, another goal that cans—this Nation’s First Americans, our chairs and with the Obama admin- this bill seeks to accomplish—stimu- the Native people of the United States istration, to come together—because lating the private sector through pub- of America. my view is, as I articulated, that the lic sector spending—Federal funding Madam President, I want to inform public does want a path out of these has rarely been able to achieve. And the Senate that neither S. 336 as re- terrible economic times. We have a that phenomenon is also fundamen- ported to the Senate nor division A of chance to make it clear that this is not tally a function of the lack of infra- the Inouye-Baucus substitute amend- a bailout, that it is not a handout, but structure—adequate roads, safe water ment to H.R. 1, Senate amendment rather the start of a path out of this supplies, access to commercial and numbered 98, contains any congres- tough economic period. transportation corridors, good schools sional directed spending items as de- I hope our colleagues will use this and access to quality health care. fined in rule XLIV of the Standing week, under the leadership of the These are the critical components if we Rules of the Senate. I can also inform chairman of the Appropriations Com- are ever to successfully encourage pri- the Senate that division B of the mittee, Chairman BAUCUS of the Fi- vate sector investment in Native amendment, prepared by the Com- nance Committee, and the ranking mi- America through public funding. mittee on Finance, contains no limited nority members, to make sure that by There are vast natural resources that tax benefit, limited tariff benefits, or the end of this week we have shown the remain untapped in Indian country— congressional directed spending items American people that this important wind energy, hydropower, solar energy, as defined in rule XLIV. legislation on recovery and investment and other sources of clean, renewable Madam President, I suggest the ab- is moving forward—to deal with the energy—undeveloped in large part be- sence of a quorum. critical needs of those we represent at cause of the lack of infrastructure and The PRESIDING OFFICER. The home. lack of access to electric transmission clerk will call the roll.

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.016 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1243 The assistant legislative clerk pro- Democratic members for their thor- Attorney General nominee, and I will ceeded to call the roll. ough consideration of this nomination. soon notice hearings for the other The PRESIDING OFFICER. The Sen- In particular, I thank our newly as- members of the Justice Department ator from Vermont is recognized. signed members for following the hear- leadership team. Mr. LEAHY. Madam President, I ask ings and participating in our delibera- I wished we could have moved even unanimous consent that the order for tions without missing a step. I thank more quickly to put the new leadership the quorum call be rescinded. the Republican members, as well. I had in place at the Department at a time The PRESIDING OFFICER. Without said that Senators could vote for or when we face serious challenges and objection, it is so ordered. against the nomination and two Sen- threats. When President Bush nomi- f ators determined to vote no, as is their nated Michael Mukasey in 2007 to the right. With respect to the six Repub- Attorney General’s seat vacated by the EXECUTIVE SESSION lican members who ended up sup- resignation of Alberto Gonzales, Sen- porting the nomination, I note that ator JON KYL said: NOMINATION OF ERIC H. HOLDER, Senator HATCH, a former chairman of Since the Carter administration, attorney JR., TO BE ATTORNEY GENERAL the Judiciary Committee, did so early general nominees have been confirmed, on on. Then, in the last days the ranking average, in approximately three weeks, with The PRESIDING OFFICER. Under Republican member of the committee, some being confirmed even more quickly. the previous order, the Senate will pro- another former committee chairman, The Senate should immediately move to con- ceed to executive session to consider sider Judge Mukasey’s nomination and en- as well as Senator GRASSLEY, Senator the following nomination which the sure he is confirmed before Congress recesses SESSIONS, a former U.S. attorney and clerk will report. for Columbus Day. State attorney general, Senator KYL, The assistant legislative clerk read Well, it has been more than twice the Republican whip, and Senator the nomination of Eric H. Holder, Jr., that long since Mr. Holder’s designa- GRAHAM came to support the Holder of the District of Columbia, to be At- tion and three times that long since re- nomination. In my three and a half torney General. ports of his impending nomination. Our decades in the Senate, I have never The PRESIDING OFFICER. Under consideration was delayed because I ac- seen a nominee as qualified as Eric the previous order, there will be 3 commodated requests from the ranking Holder to serve as the Nation’s top law hours of debate equally divided and Republican member and committee Re- enforcement officer. controlled between the Senator from The need for new leadership at the publicans and postponed the hearing Vermont and the Senator from Penn- Department of Justice is as critical until January 15 and then they post- sylvania or their designees. today as it has ever been. Over the last poned consideration another week The Senator from Vermont is recog- few years, political manipulation from through procedural objections. nized. the White House has undercut the Jus- Mr. Holder spent more than nine Mr. LEAHY. Madam President, I tice Department in its mission, and hours testifying before the Judiciary 1 thank the distinguished Presiding Offi- shaken public confidence in our Fed- Committee at his hearing 2 ⁄2 weeks cer and appreciate her being here. We eral justice system. ago, answering every question any are starting a minute or so late. It is The Judiciary Committee expended a member of the Judiciary Committee, my fault. When I saw my friend from good deal of effort over the last 2 years Republicans and Democrats, chose to Pennsylvania, the distinguished rank- to uncover scandals at the Department ask him. All Senators were accorded ing member, come out, we had to have of Justice. Former Attorney General such time as they needed in three ex- some discussion of last night’s Super Gonzales and virtually every top-rank- tended rounds of questioning to ask Bowl game. It was one of the most ing Department official resigned dur- whatever they chose. spectacular ones. He feels even more ing our inquiry. Likewise, Karl Rove Despite that extended hearing and a spectacular than Senators from some and his White House political deputies second day of hearings with public wit- other States—any other State—be- resigned. nesses that I convened at the request of cause his State won. Before the November election, I co- our Republican members, in the week I think it is also a spectacular day authored an article with our ranking after the hearings 12 Senators sent Mr. because the Senate is considering Republican member. We wrote that the Holder 125 pages of extensive follow up President Obama’s historic nomination next Attorney General ‘‘must be some- questions. He has answered these ques- of Eric Holder to be Attorney General one who deeply appreciates and re- tions—more than 400 of them—as well. of the United States. spects the work and commitment of I asked for the cooperation of all The Judiciary Committee voted last the thousands of men and women who members to debate and vote on Mr. week to report Mr. Holder’s nomina- work in the branches and divisions of Holder’s nomination on the day after tion to the Senate for consideration. the Justice Department, day in and the President’s inauguration but in- That strong, bipartisan 17 to 2 vote in day out, without regard to politics or stead, as is his right, the ranking Re- favor was a statement that members ideology, doing their best to enforce publican member held over the nomi- from both sides of the aisle recognize the law and promote justice.’’ I have nation for another week. I was, as I that Mr. Holder has the character, in- every confidence that Eric Holder is said, extremely disappointed. I did not tegrity and independence to be Attor- such a person. schedule that markup until I had con- ney General. It is a statement that we Mr. Holder’s designation was greeted sulted with the Senator from Pennsyl- all want to restore the integrity and with delight by the career professionals vania first. Indeed, he had assured me competence of the Justice Department at the Justice Department because that he would not hold the matter and to restore another critical compo- they know him well. They know he is over. Yet he joined with the Repub- nent—the American people’s con- the right person to restore the Depart- lican members of this committee in a fidence in Federal law enforcement. ment. They know him from his 12 years unanimous request to hold over the The broad support Mr. Holder’s nomi- at the Public Integrity Section, from nomination. Senator MCCAIN was right nation has from law enforcement, from his time as the U.S. attorney for the last week when he said about the Presi- advocates for crime victims, from civil District of Columbia, from his tenure dent’s Cabinet nominations: rights organizations and from across on the bench, and from his years as the We shouldn’t delay. . . . We had an elec- the political spectrum comes as no sur- Deputy Attorney General, the second- tion, and we also had a remarkable and his- prise to those of us that have known of highest ranking official at the Depart- toric [inauguration], and this nation has Eric Holder during his decades of dedi- ment. His confirmation will do a great come together as it has not for some time.’’ cated public service. deal to restore morale and purpose He concluded that he understood that After more than 2 months of scrutiny throughout the Department. ‘‘the message that the American people and consideration, I was pleased to see It is important that the Department are sending us now is they want us to Mr. Holder’s nomination gain the sup- also have the rest of its senior leader- work together and get to work.’’ port of such a large majority from the ship in place without delay. This week, Regrettably the Republican members Judiciary Committee. I thank all the we will hold a hearing for the Deputy of the Judiciary Committee did not

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.017 S02FEPT1 jbell on PROD1PC69 with SENATE S1244 CONGRESSIONAL RECORD — SENATE February 2, 2009 hear or act on that message 2 weeks torney General, but he is truly a good Holder as Attorney General. She testi- ago. I am glad that they changed man.’’ They further urged ‘‘his rapid fied: course last week and that so many of confirmation as our next Attorney The Attorney General position must be them have come to support the nomi- General of the United States.’’ James filled quickly. We remain a nation at war nation. Comey, the Deputy Attorney General and a nation that faces the continuous Yet even after receiving strong bipar- under President George W. Bush and threat of terrorist attack. We cannot afford tisan support in the committee, a before that prosecutor in charge of the for the Attorney General position to sit va- handful of Senate Republicans chose to Marc Rich case and the criminal inves- cant or for there to be a needlessly pro- delay yet again confirming this well- tigation into the Marc Rich pardon, de- tracted period where the leadership of the department is in question. qualified nominee to his vital post. We scribed Mr. Holder as ‘‘a smart, decent, could and should have debated Mr. humble man, who knows and loves the I do not know why Republican Sen- Holder’s nomination and confirmed Department and has demonstrated his ators who supported the confirmation him last week, but some Senators on commitment to the rule of law across of Alberto Gonzales without any res- the other side of the aisle seem unable an entire career,’’ and urged his con- ervation slowed the consideration of to resist continuing their partisan tac- firmation. the nomination of Eric Holder. He tics of obstruction and delay. The endorsement from the Leader- meets and exceeds any fair standard for President Obama in his inaugural ad- ship Conference on Civil Rights and a confirmation. And at this time in our dress spoke about the real challenges number of civil rights organizations ex- history, with the challenges we face, facing the country and the American pressed ‘‘strong support for the historic we need to move forward and confirm people. He urged that we all work for nomination of Eric Holder to the posi- the new Attorney General and the lead- the common good and ‘‘proclaim an tion of Attorney General of the United ership team at the Justice Department. end to the petty grievances’’ and ‘‘re- States,’’ citing Holder as ‘‘among the Mr. Holder has demonstrated that he criminations’’ and that we ‘‘set aside most qualified nominees for Attorney is committed to restoring the rule of childish things.’’ General in the last fifty years and . . . law, and, as President Obama said, ‘‘to President Obama is right. There is uniquely suited to lead the Department reject as false the choice between our work to be done. There are real at this moment in time.’’ The endorse- safety and our ideals.’’ I am more con- threats. There are abuses to be undone ment noted that: ‘‘The nation urgently vinced than ever that Eric Holder is a and rights that need to be restored. We needs an Attorney General dedicated to person who will reinvigorate the De- restoring the independence and integ- need to get on with the task of remak- partment of Justice and serve ably as a rity of the Department, with an un- ing America. key member of the President’s national Eric Holder is a good man, a decent questionable commitment to the Con- security team. He will pursue the Jus- stitution and the rule of law. Eric man, a public servant committed to tice Department’s vital missions with Holder is the right person for this job.’’ skill, integrity, independence and a the rule of law. He will be a good At- Nearly every major law enforcement torney General. Republicans know this. commitment to the rule of law. organization has expressed support for I remember when the senior Senator They heard from him at his hearing. Mr. Holder, including the National As- from Pennsylvania took the occasion They have heard the endorsements of sociation of Police Organizations, of the confirmation hearing for John former FBI Director Louis Freeh, NAPO, and the Fraternal Order of Po- Ashcroft to be Attorney General to President Bush’s homeland security ad- lice, FOP. The National Sheriffs’ Asso- apologize to Judge Ronnie White of viser Fran Townsend, Senator WARNER ciation highlighted Mr. Holder’s ‘‘out- of Virginia, Senator HATCH, Senator standing record of public service in his Missouri for the manner in which his MARTINEZ, and the many Reagan and role as a federal prosecutor, a trial nomination to the Federal court had Bush administration officials who have judge, the United States Attorney for been rejected in a party-line vote of endorsed his nomination. They have the District of Columbia and the Dep- Senate Republicans. seen the endorsements from the Na- uty Attorney General for the Depart- I remember when the senior Senator tional Association of Police Organiza- ment of Justice.’’ The National Troop- from Utah and I had to labor for weeks tions, the Fraternal Order of Police ers Coalition urged Mr. Holder’s to overcome the anonymous Repub- and the entire law enforcement com- ‘‘speedy confirmation to the office of lican hold on the Senate floor of Mr. munity. Attorney General’’ and wrote that he Holder’s nomination to be the Deputy I would like to put into the RECORD a ‘‘presents a distinguished career as a Attorney General in 1997. Regrettably, list of the more than 130 law enforce- prosecutor, Superior Court Justice and after celebrating the Martin Luther ment and criminal justice organiza- Deputy Attorney General. This un- King Jr. holiday and the inauguration tions, civil rights organizations, vic- matched experience will prove to be in- of Barack Obama as the 44th President tims’ advocates, legal practitioners, valuable in directing our law enforce- of the United States, the Judiciary bar associations, and current and ment efforts at this difficult time in Committee treated Mr. Holder’s nomi- former public officials that support history.’’ nation to be Attorney General to the Senate confirmation of Mr. Holder’s Chuck Canterbury, the national tactics of the past—more delay, more nomination. These letters from nearly president of the FOP, testified in sup- obstruction, more partisan muscle every part of the political spectrum are port of Mr. Holder’s nomination, say- flexing. I am pleased that this week in the committee’s hearing record and ing that Mr. Holder is ‘‘not only well those who sought to delay and were available for any Senator to read. qualified but possessing in excess the considering opposing had second Judge Louis Freeh, a former Director requisite character, knowledge, and thoughts. Perhaps the unifying spirit of the Federal Bureau of Investigation skills to do this job and be an ex- of President Obama’s inauguration had who testified before the committee in tremely effective leader for the Depart- a delayed effect, perhaps it was the support of Mr. Holder, said that Mr. ment.’’ overwhelming support for the nomina- Holder ‘‘has the highest legal com- Fran Townsend, President Bush’s tion, perhaps it was the qualities and petence, total integrity, leadership, homeland security adviser, also testi- qualifications of the nominee himself. and, most importantly, the political fied and said: Whatever the reason, I am glad to see independence to discharge faithfully I am not here because I believe that, if con- so many Senators heed President the immense trust this Nation reposes firmed as Attorney General, Eric Holder will Obama’s call and perhaps heard the in its Attorney General.’’ Judge Freeh decide legal issues necessarily in the same echo of President Lincoln’s first inau- was ‘‘honored to give him my very way that I would. On the contrary, I expect gural address and were ‘‘touched . . . by that there would often be times where this is highest personal and professional rec- not the case. I am here because I believe Eric the better angels of [their] nature.’’ ommendation.’’ Former Attorney Gen- is competent, capable, and a fair-minded I questioned Mr. Holder at his hear- eral William Barr and nine Republican lawyer who will not hesitate to uphold and ing and he gave his commitment to re- lawyers and former officials wrote to defend the laws and the Constitution of the spect the second amendment right to the committee in support of Mr. Hold- United States. bear arms as an individual right guar- er’s nomination. They noted ‘‘that not Ms. Townsend also pointed to the anteed by our Bill of Rights. I asked only is Eric superbly qualified to be At- dangers of delay in confirming Mr. him to work with me on a media shield

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The country at that time was ney, National Security Adviser Rice, fruition so that the Federal Govern- deeply divided, and those divisions had the CIA Director and the Attorney ment is more open to the American been inflamed by the manner by which General, in which they were hearing people. the Supreme Court had intervened to the details of what the Bush adminis- I asked about anticrime initiatives, stop the counting of ballots in Florida tration liked to call ‘‘enhanced interro- strengthening the Violence Against and decide the outcome. Just before gation techniques,’’ Attorney General Women Act and defending the Voting Christmas, President-elect Bush had Ashcroft is quoted as warning: ‘‘His- Rights Act. On all these matters he further accentuated the divide by his tory will not judge us kindly.’’ was straightforward and supportive. I polarizing designation of John Ashcroft The Senate should proceed to con- look forward to working with him to to be Attorney General. By contrast, firm President Obama’s nomination of provide greater Federal assistance to we have just experienced the historic Eric Holder without further delay. We State and local law enforcement and to election of Barack Obama. President must have leadership in place at the aggressively target fraud and public Obama has made numerous efforts al- Justice Department to begin the vital corruption. He said that his priorities ready to be inclusive and to reach work that must be done to carry out will be the safety and security of the across the political aisle. the Executive orders signed by Presi- American people and reinvigorating His selection of Eric Holder 2 months dent Obama last week that will finally the traditional work of the Justice De- ago was greeted by nearly universal ac- put an end some of the Bush adminis- partment in protecting the rights of claim. The domestic and economic tration’s most damaging national secu- Americans. challenges to our country in recent rity policies. These orders call for the Mr. Holder has had a long and distin- years have been the most serious since Attorney General to coordinate com- guished career in public service. His the Great Depression. In recognition of prehensive interagency reviews of the willingness to leave a lucrative private those circumstances, Democrats expe- Guantanamo Bay Detention Facility law practice and forego extensive earn- dited consideration of President Bush’s by the State Department, Director of ings in order to return to public service nomination of Michael Mukasey to be National Intelligence, Homeland Secu- at a time when judges are leaving the Attorney General. Democrats sched- rity Department and Joint Chiefs of Federal bench because of their salary uled a hearing quickly and did not hold Staff and to chair task forces with the constraints, is commendable. the nomination over when it was DNI and Department of Defense review- We need an Attorney General, as scheduled for consideration. Those of ing interrogation and detention poli- Robert H. Jackson said 68 years ago, us who were troubled by his unwilling- cies. We need Mr. Holder in place as At- ‘‘who serves the law and not factional ness to acknowledge that torney General to carry out these or- purposes, and who approaches his task waterboarding is torture voted no, but ders and put the government’s detainee with humility.’’ That is the kind of we were not dilatory. We did not play policies on a solid legal footing for the man Eric Holder is, the kind of pros- partisan political games. first time in many years. ecutor Eric Holder always was, the My fundamental concern with Presi- I do not want another Attorney Gen- kind of Attorney General he will be, dent Bush’s nomination of his White eral who sits in the room while others and the kind of family person he is. I House counsel Alberto Gonzales was in our Government approve the secret met his wife and his family and his that he would not be independent of wiretapping of Americans in violation wonderful children, and they show the White House. I did not oppose that of our laws, or approve torture. what a person he is. The next Attorney nomination in a kneejerk, partisan re- I want an Attorney General who General will understand our moral and flex. Indeed, I initially hoped that he stands up for the rule of law and our legal obligation to protect the funda- would be an improvement over the long-cherished American values. I be- mental rights of all Americans and to Ashcroft years. I met with Mr. lieve Eric Holder will be that kind of respect the human rights of all people. Gonzales, raised the issue in my initial It is important that the Justice De- statement at his confirmation hearings Attorney General. partment have its senior leadership in and gave him opportunity after oppor- The rationales for holding up and op- place without delay. The Attorney tunity to demonstrate that he under- posing this nomination have shifted General is the top law enforcement of- stood the role of the Attorney General. over time, since Karl Rove called for ficer in the country and a key member He did not. Ultimately I opposed that partisan opposition. Now it seems that of the national security team. With the nomination. History proved me right. some Republican Senators want the Bush administration having devoted At the time, not a single Republican Nation’s chief prosecutor to agree that billions to bailouts in the last few Senator was concerned. They all voted he will turn a blind eye to possible months, we need to ensure that those in favor of the Gonzales nomination. If lawbreaking before investigating resources are not diverted by fraud or that nomination met their standard for whether it occurred. Senator deceit. We need the Justice Depart- consideration, all of them must sup- WHITEHOUSE is quite right that what ment to be at its best. port Mr. Holder’s nomination. Senator CORNYN and others are now The responsibilities of the Attorney Unlike Mr. Gonzales, Eric Holder un- asking for is a pledge no prosecutor General of the United States are too derstands the responsibilities of the should give. No Senator should demand important to have had this appoint- Attorney General of the United States, such a bargain for his vote. Senators ment delayed by partisan bickering. and the need to uphold the law and act can vote in favor or they can ignore We have known and worked with Mr. in the interests of the American peo- the needs of the country and the quali- Holder for more than 20 years. He has ple, and not just the President. Unlike fications of the nominee and vote been nominated by a Republican Presi- Mr. Ashcroft, he admitted past errors against, but no one should be seeking dent and by a Democratic President and has learned from his mistakes. Un- to trade a vote for such a pledge. and confirmed three times by the Sen- like Judge Mukasey, he recognizes that When he designated Mr. Holder, ate to important positions over the waterboarding is torture and that the President Obama said: last 20 years. His record of public serv- legal opinions of the Bush era need to The Attorney General serves the American ice, his integrity, his experience and be reviewed and revised where they are people. And I have every expectation that his commitment to the rule of law found to be wrong. If an American were Eric will protect our people, uphold the pub- merit our respect and deserve our sup- waterboarded by some government or lic trust, and adhere to our Constitution. port. terrorist anywhere in the world, it I have no doubt that Mr. Holder un- Republicans over the last months would be torture and illegal. It would derstands the serious responsibilities of sought to make comparisons to other not ‘‘depend on the circumstances’’ as the Attorney General of the United

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Madam President, I ask unanimous Major Cities Chiefs Association; National National Asian Pacific American Bar Asso- Association of Assistant U.S. Attorneys ; Na- ciation; National Association of Human consent to have the list of 130 sup- tional Association of Blacks in Criminal Jus- Rights Workers; National Black Justice Coa- porters of the nomination of Eric Hold- tice; National Association of Drug Court lition; National Center for Lesbian Rights; er that I mentioned earlier printed in Professionals; National Association of Attor- National Center for Transgender Equality; the RECORD. neys General; National Association of Police National Coalition for Asian Pacific Amer- There being no objection, the mate- Organizations (NAPO); National Black Pros- ican Community Development; National rial was ordered to be printed in the ecutors Association; National Crime Preven- Council of Negro Women; National Edu- RECORD, as follows: tion Council; National Criminal Justice As- cation Association; National Employment sociation; National District Attorneys Asso- Lawyers Association; National Gay and Les- LETTERS OF SUPPORT FOR THE NOMINATION OF ciation; National Law Enforcement Officers bian Task Force Action Fund; National Net- ERIC HOLDER TO BE ATTORNEY GENERAL OF Memorial Fund, Inc.; National Narcotics Of- work to End Domestic Violence; National THE UNITED STATES ficers’ Associations’ Coalition; National Or- Women’s Law Center; Parents, Families and CURRENT & FORMER PUBLIC OFFICIALS ganization of Black Law Enforcement Execu- Friends of Lesbians and Gays National; Pro- Asa Hutchinson, former U.S. Attorney, Re- tives; National Sheriffs Association; Na- gressive Future; Service Employees Inter- publican Congressman, Undersecretary for tional Troopers Coalition; Police Executive national Union; Sikh American Legal De- Homeland Security in Bush Administration; Research Forum. fense and Education Fund; U.S. Public Inter- Bob Barr, Former Congressman; Carla Hills, VICTIMS’ ADVOCATES est Research Group; Unitarian Universalist former Assistant Attorney General, Civil Di- Anne Seymour, National Crime Victim Ad- Service Committee; United Food and Com- vision, former U.S. Trade Representative; vocate ; Appriss; Brady Campaign to Prevent mercial Workers International Union; Carol Lamm, former President of the Dis- Gun Violence; Dan Levey, National Presi- USAction; Wider Opportunities for Women; trict of Columbia Bar; Charles La Bella, dent of Parents of Murdered Children, Inc Women Employed). former US Attorney; Chris Wray, former As- (POMC), Advisor for Victims to Arizona Gov- Leadership Conference of Civil Rights, sistant Attorney General, Criminal Division; ernor Janet Napolitano; Illinois Victims; January 14, 2009 (signatories: Wade Hender- Dan Bryant, former Assistant Attorney Gen- International Organization for Victim As- son and Nancy Zirkin);Mexican American eral, Office of Legal Policy and Office of Leg- sistance; Justice Solutions, NPO; Maryland Legal Defense and Educational Fund; Na- islative Affairs; Congressional Black Caucus; Crime Victims’ Resource Center, Inc.; Moth- tional Association for the Advancement of Craig S. Morford, former Acting Deputy At- ers Against Drunk Driving (MADD); Na- Colored People (NAACP); National Women’s torney General. tional Center for Missing and Exploited Chil- Law Center; People for the American Way; GOP Lawyers: William P. Barr, Former At- dren; National Center for Victims of Crime; Southern Poverty Law Center; National torney General; Joseph E. diGenova, Former Council of Asian Pacific Americans. United States Attorney for the District of National Crime Victims Research & Treat- OTHER SUPPORTERS Columbia; Manus M. Cooney, Former Chief ment Center; National Leadership Council Counsel, Senate Judiciary Committee; Stu- for Crime Victim Justice; National Network African-American Partners at Covington & art M. Gerson, Former Acting Attorney Gen- to End Domestic Violence; National Network Burling, LLP: Thomas S. Williamson, Jr., eral, Former Assistant Attorney General; to End Violence Against Immigrant Women; Michael St. Patrick Baxter, Catherine J. Makan Delrahim, Former Staff Director, National Organization for Victim Assistance; Dargan, Jennifer A. Johnson, Lisa Peets, Lo- Senate Judiciary Committee and Former National Organization of Victims of ‘‘Juve- retta Shaw-Lorelle. Deputy Assistant Attorney General; Michael nile Lifers’’; Partnership for Safety and Jus- Boys and Girls Clubs of America; City of J. Madigan, Former Federal Prosecutor and tice; Security on Campus; Sharon J. English, Mendota California; Hispanic National Bar Chief Counsel, Senate Special Investigations, Homicide Victim Survivor, Crime Victim Association; John Walsh, Host of America’s Committee on Government Affairs; Michael Services Advocate. Most Wanted; Mario Thomas Gaboury, J.D., O’Neill, Former Chief Counsel/Staff Director, CIVIL RIGHTS ORGANIZATIONS Ph.D., Professor and Chair of Criminal Jus- Senate Judiciary Committee and Former American-Arab Anti-Discrimination Com- tice, University of New Haven, Ct.; National Commissioner, United States Sentencing mittee; Anti-Defamation League; Asian Bar Association; Partners of Color in Wash- Commission; Victoria Toensing, Former American Justice Center; Center for Neigh- ington, D.C. Firms; Samuel M. Aguayo, Deputy Assistant Attorney General and borhood Enterprise; Leadership Conference M.D., Staff Physician at the Atlanta Vet- Former Chief Counsel, Senate Intelligence on Civil Rights, December 18, 2008 (signato- erans Affairs Medical Center; Young Lawyers Committee; George J. Terwilliger, III, ries: Leadership Conference on Civil Rights, Section of the Bar Association of the Dis- Former United States Attorney for the Dis- Alliance for Justice, American Federation of trict of Columbia; Washington Bar Associa- trict of Vermont and Former Deputy Attor- Labor and Congress of Industrial Organiza- tion; Wesley S. Williams, Jr., former Part- ney General; Charles R. Work, Former Fed- tions, Americans for Democratic Action, ner, Covington & Burling, LLP; Karen Hastie eral Prosecutor and Former President, Dis- Inc., Asian American Justice Center, Center Williams; retired Partner, Crowell & Moring, trict of Columbia Bar. for Inquiry, Feminist Majority, Human LLP; Stanley V. Campbell, Jr., CEO of Busi- James B. Comey, former Deputy Attorney Rights Campaign, The Judge David L. ness Intel Solutions. General; John P. Sarcone, Polk County At- Bazelon Center for Mental Health Law, Law- Mr. LEAHY. I reserve the remainder torney, Iowa; Karen Tandy, former Adminis- yers’ Committee for Civil Rights Under Law, of my time. trator, Drug Enforcement Administration; National Abortion Federation, National As- The PRESIDING OFFICER. The Sen- Larry D. Thompson, former Deputy Attorney sociation for the Advancement of Colored ator from Pennsylvania is recognized. General; Louis J. Freeh, Judge and Former People, NAACP Legal Defense & Education Mr. SPECTER. Madam President, I FBI Director; Paul McNulty, former Deputy Fund, Inc., National Council of Jewish Attorney General, former U.S. Attorney; begin today as I began my opening Women, National Council of La Raza, Na- statement on the confirmation hearing Sheila Jackson-Lee, Congresswoman, tional Fair Housing Alliance, National Eightheenth District, Texas. Health Law Program, National Partnership of Mr. Holder as Attorney General-des- State Attorneys General: Arizona, Arkan- for Women & Families, National Organiza- ignate. I begin today with the state- sas, California, Colorado, Connecticut, Flor- tion for Women, National Urban League, ment that I wish to be helpful to Presi- ida, Georgia, Hawaii, Idaho, Illinois, Indiana, People for the American Way, Planned Par- dent Obama in his new administration Iowa, Kansas, Kentucky, Louisiana, Maine, enthood Federation of America). and to reach across in a bipartisan Maryland, Massachusetts, Mississippi, Mon- Leadership Conference of Civil Rights, fashion to help the President restruc- tana, Nebraska, Nevada, New Mexico, New January 14, 2009 (additional signatories: A ture the Department of Justice. In so York, North Carolina, Oklahoma, Rhode Is- Network for Ideas & Action; American Fed- land, South Dakota, Tennessee, Utah, eration of State, County and Municipal Em- doing, the beginning point of reference Vermont, Washington, West Virginia, Wyo- ployees; American-Arab Anti-Discrimination is the Constitution, which places upon ming. Committee; Americans United for Change; the Senate the responsibility to con- Theodore B. Olsen, former Solicitor Gen- Association of Community Organizations for firm. That involves, under the prin- eral and Assistant Attorney General, Office Reform Now; Campaign for America’s Fu- ciples of checks and balances, inquiry of Legal Counsel; United States Conference ture; Center for Community Change; Center into the nominee, which has been un- of Mayors; Luis G. Fortun˜ o, Governor of for the Study of Hate & Extremism; Coali- dertaken in the Judiciary Committee. Puerto Rico; Kenneth L. Wainstein, former tion of Labor Union Women; Coalition of Assistant to the President for Homeland Se- There is a sharp distinction between Human Needs; Common Cause; Communica- the Attorney General and other Cabi- curity and Counterterrorism. tions Workers of America; DC Vote; Family LAW ENFORCEMENT & CRIMINAL JUSTICE Equality Council; GLSEN—The Gay, Lesbian net officers. Other Cabinet officers ORGANIZATIONS and Straight Education Network; Inter- carry out the President’s programs and American Probation and Parole Associa- national Union, United Automobile, Aero- his policies. But the Attorney General tion; Federal Law Enforcement Officers As- space, & Agricultural Implementation Work- has an independent responsibility to

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.019 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1247 the people to uphold the rule of law. rorists robbed banks and committed threatens more severe charges or That is a very important quality. We murders and were released from jail on stronger recommendation on sen- have seen, historically, some Attorneys the recommendation of Mr. Holder. tencing. This practice began with the General who have succeeded admirably There again, Mr. Freeh was very crit- Holder Memo in 1999 and was carried in that responsibility. Elliot Richard- ical. Nonetheless, he recommended Mr. through in the so-called Thompson son, for example, refused to fire Archi- Holder for Attorney General. Memo and then the McNulty Memo, bald Cox at the direction of President The failure to appoint independent and legislation is pending which would Nixon on the infamous Saturday Night counsel in the investigation into Vice change that. Massacre. Richardson himself resigned. President Gore for an alleged violation In my view, there are two very basic Griffin Bell, Attorney General for of campaign finance laws, raising principles involved. One is the obliga- President Carter, stood up to the Presi- money from the White House—Director tion of the commonwealth government dent, who wanted him to initiate a cer- Freeh characterized it as one of the to prove its case beyond a reasonable tain criminal prosecution that Attor- strongest possible grounds for appoint- doubt and, secondly, the right to coun- ney General Bell thought was inappro- ing independent counsel, and the De- sel. An indispensable ingredient of priate, and he laid down the marker: If partment of Justice, with Mr. Holder’s right to counsel is a privilege, to be the President wanted that prosecution participation, declined to do so. Still, able to communicate freely to an at- brought, he would have to find himself Mr. Freeh recommended the confirma- torney. When I was district attorney of a new Attorney General. tion of Mr. Holder. Philadelphia, handling very complex, Other Attorneys General have not Also, there is the strong rec- tough prosecutions, many involving fared so well. Attorney General ommendation of former Deputy Attor- governmental corruption, I would Daugherty of the Teapot Dome fame ney General James Comey, a man never have dreamed of trying to prove was sharply criticized in that scandal, whom I also worked with in the De- my case out of the mouth of the de- although later he was personally exon- partment of Justice, which was fendant. I believe Mr. Holder will look erated. Attorney General Homer weighty, as was the strong rec- at this with a conciliatory attitude as Cummings in the Roosevelt adminis- ommendation of former Secretary of we work on that legislation through tration, author of the so-called court- Transportation William Coleman. the Congress. packing plan, did not display the kind So with all of those factors consid- I also talked to Mr. Holder about the of independence that was requisite. ered, it seemed to me that Mr. Holder issue of reporters’ privilege. Judith And I expressed my own concerns was entitled to the benefit of the doubt Miller of the New York Times spent 85 about Mr. Holder on a series of matters and President Obama’s nominee ought days in jail—I visited her in a jail in he handled as Deputy Attorney Gen- to be confirmed. It was for that reason Virginia—for failing to disclose con- eral. that I voted aye in recommending Mr. fidential informants when the source of Beyond any question, Mr. Holder Holder for action by the full Senate. the information was known. Mr. Holder brings an extraordinary re´sume´ to this I think, too, at the beginning of an also acknowledged the extensive au- position, an excellent academic record, administration it is significant to have thority of the Congress under stand- including Columbia for his under- bipartisan support. I commented at the ards defined in the congressional re- graduate degree and law school; he committee level that when Senator search memorandum, which I provided served as U.S. attorney for the District LEAHY or his ranking member sup- to him, and gave assurances that he of Columbia; he was a District of Co- ported the confirmation of Chief Jus- would be available to talk to the mi- lumbia Superior Court judge; he served tice Roberts, that was a signal of bipar- nority as well as to the majority on as a Deputy Attorney General and as a tisan support, which was important matters of concern. For all these reasons, I am pleased to partner in a prestigious law firm han- and another factor that weighed in my move ahead at this time to lend my dling many important matters. consideration. One recommendation in favor of his I had discussed with Mr. Holder the support to the confirmation of Attor- nomination I found particularly issue of how to handle possible prosecu- ney General-designate Eric Holder. The PRESIDING OFFICER. The Sen- weighty was the recommendation of tions against individuals who may have been engaged in waterboarding, where ator from Vermont. former FBI Director Louis Freeh. I Mr. LEAHY. Madam President, I was that question has been raised in some have a very high regard for former Di- about to yield—we do our normal back quarters. Mr. Holder went about as far rector Freeh. I knew him and worked and forth—to the Senator from Illinois. as he could, saying that if there is a closely with him on the Judiciary Com- I understand the Senator from Okla- valid legal opinion and there is action mittee on FBI matters and especially homa has a time constraint, if the Sen- within the confines of the opinion, that closely during the 104th Congress when ator from Pennsylvania would like to would weigh heavily against prosecu- I chaired the Intelligence Committee. yield time off his side to him. Director Freeh was sharply critical of tion. Obviously, all of these matters Mr. SPECTER. Yes, I am prepared to are very much fact-determinative. I Mr. Holder on a number of items that yield time. Senator CORNYN is next on were concerns of mine. Notwith- think those assurances go about as far the list. How much time would the standing that, Director Freeh rec- as one can go. Senator from Oklahoma like? ommended Mr. Holder for the job. I also questioned Mr. Holder about Mr. COBURN. Madam President, There is the infamous case of the the recognition of the differences in in- short of 15 minutes; probably 15 min- Marc Rich pardon. He was a man who terrogation techniques of the Army utes. was a fugitive from justice, a man who Field Manual, contrasted with that of Mr. SPECTER. I yield that time to had violated the Federal law, selling the FBI, which is stronger, and then Senator COBURN. arms to Iran. Yet he was given a par- again contrasted with the CIA, which The PRESIDING OFFICER. Without don out of the ordinary, without going may be a little stronger yet, and that objection, it is so ordered. through regular channels. That was a all of those factors had to be consid- The Senator from Oklahoma is recog- pardon to be rejected by any standard, ered in evaluating the interrogation nized. in my opinion. Mr. Freeh characterized tactics, depending upon the rule and Mr. COBURN. Madam President, I the pardon as corrupt. I cannot be any the circumstances. thank the chairman for his gracious- stronger than that. The corrupt act I expressed my concerns to Mr. Hold- ness, and I thank the ranking member. was in granting the pardon, not in Mr. er about the Department of Justice Last week in the Judiciary Com- Holder’s recommendation of ‘‘neutral, policy on extracting really what mittee, I voted against the nomination leaning favorable.’’ But that was be- amounts to coercion of a waiver of the of Eric Holder. I was not, because of yond the realm of what would ordi- attorney-client privilege, where the time constraints, offered the oppor- narily be considered prudent and inde- Department goes in and deals with the tunity to express my reasoning and pendent. corporation and secures a waiver of the logic for that opposition. Today, I rise Mr. Freeh was also critical of Mr. attorney-client privilege, subjecting to explain my opposition and to urge Holder on the FALN terrorist com- employees to losing their privilege, in others to share my concerns to do the mutation of sentences. The FALN ter- the context where the Department same.

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.021 S02FEPT1 jbell on PROD1PC69 with SENATE S1248 CONGRESSIONAL RECORD — SENATE February 2, 2009 I have high praise for Eric Holder as case and comments that were made to fice, as Joseph Connor, whose 33-year- an individual and as a lawyer. I believe the press make it almost impossible to old father was murdered when the certain aspects, however, of his record believe Eric Holder was unfamiliar FALN bombed the New York City res- disqualify him as serving as Attorney with Rich at the time of the pardon. taurant where he was eating lunch. Mr. General. I plan on outlining those in Moreover, given that Rich had been Connor was 9 years old. He has written this talk before the Senate today, spe- featured as one of the FBI’s top 10 most numerous editorials and gave compel- cifically, his facilitation of the Marc wanted fugitives, it is even harder to ling testimony at our hearing about Rich pardon, his defense as reasonable believe Mr. Holder did not become fa- how devastating and indefensible these of the FALN terrorists’ commutations, miliar with the man in the 15 months commutations were. I quote him: in addition to his views on the first that passed between the time he was We Americans have to make clear that we amendment and second amendment, first contacted by Rich’s lawyer and will not tolerate officials who would put our specifically his answers with respect to the day clemency was issued. lives in jeopardy by releasing terrorists. It is the fairness doctrine. To say that this pardon was a mis- a disrespectful affront to all Americans, par- take is an understatement of the worst ticularly to those of us who have come face Eric Holder has spent most of his dis- to face with their violence. tinguished career as a public servant. kind. As others have pointed out, the Mr. Connor’s testimony struck a By all accounts, he is a brilliant law- best thing Eric Holder could have done chord with me due to my own experi- yer. His nomination was met with high for himself and his boss would have ences with domestic terrorism. Having praise from both sides of the aisle. His been to oppose the pardon and convince dealt with the shock and the aftermath intellect and ability have been noted President Clinton not to issue it. of the Oklahoma City bombing, which throughout his career, and they were While I readily acknowledge mis- happened prior to the FALN duly noted in his appearance before the takes are inevitably made by us all, I find the excuse for this one implau- commutations, I can relate to the grief Senate Judiciary Committee. and anger felt by the family member of Moreover, I believe him to be a man sible. Eric Holder is a bright and con- a victim murdered senselessly by ter- of good character. The long line of indi- tentious lawyer. At the time of the rorists. I have seen the devastation viduals who have voiced support for his Rich pardon, he had served for 3 years these acts of violence inflict on a com- nomination speaks to the high regard as Deputy Attorney General. In short, munity and especially on the families in which he is clearly held. In our pri- he should have known better. Because they most directly impact. I have he allowed his good judgment to be vate meeting, I found him to be person- heard from the many law enforcement overridden by political influence, I be- able and kind. He is undoubtedly a officers who work the scene, gather the lieve this act alone should suffice to good man. evidence, and tend to the victims. I These good qualities, however, are disqualify him from higher office. have witnessed the long and difficult not enough to overcome the concerns I Although the Marc Rich pardon may process of prosecution, conviction, and have with this nomination. In par- have been the best known act of con- sentencing. I know that bringing per- troversial clemency in Eric Holder’s ticular, four issues have caused me to petrators to justice is a crucial part for record, the commutation of sentences conclude that Eric Holder should not these families’ healing process. be given the assignment as the next for 16 FALN terrorists became an issue I cannot imagine how all those Attorney General of the United States. of equal, if not greater, concern things would come undone if justice I believe these matters suggest he throughout the hearing. The FALN or- were undermined, as it was in the lacks judgment, that he lacks inde- ganization had been linked to 150 FALN case. pendence, and my concern is that he bombings, threats, kidnappings, and The danger of commuting the sen- now, from his testimony, lacks candor other events which resulted in the tences of terrorists responsible for the for such an important job. deaths of at least six Americans and murder of American citizens and intent Eric Holder’s role in facilitating the the injury of many more between 1974 on killing even more is obvious. I will controversial pardon of fugitive fin- and 1983. It is not hard to understand not recount those concerns here, but to ancier Marc Rich is perhaps the most why these commutations were strongly help give a voice to Joe Connor and to notorious blight on his record. Even opposed by the U.S. attorney, the FBI, the many other surviving family mem- now, 10 years later, the condemnation the pardon attorney at the Department bers of terrorist victims, I ask that our of that pardon is strong. Indeed, not of Justice, as well as the victims’ fami- colleagues consider the effect these de- even Mr. Holder will defend his actions, lies. What is hard to understand is why cisions had on them. We are account- telling the committee it was a naive Eric Holder chose to ignore those opin- able to each and every one. mistake. ions and instead facilitate clemency Eric Holder also raises another con- Eric Holder’s involvement in this un- for these convicted terrorists. cern with me and that is his hostility conscionable pardon suggests he has New information discovered just be- to the second amendment. I heard our dangerously poor judgment or he has fore the hearing revealed that Eric chairman speak earlier about how he an inability to say no to powerful po- Holder played an active role in secur- said he would uphold the second litical pressure. As Deputy Attorney ing these commutations. According to amendment, but when queried directly General, he orchestrated an end run the L.A. Times, ‘‘Holder instructed his and specifically about components of around the Justice Department, ignor- staff at Justice’s Office of the Pardon the second amendment, the answers ing the advice of prosecutors and ca- Attorney to effectively replace the de- were not forthcoming. reer professionals who opposed clem- partment’s original report recom- As Deputy Attorney General, he ad- ency for Marc Rich. Although par- mending against any commutations, vocated restrictive gun control legisla- doning a fugitive was extremely rare, which had been sent to the White tion, such as waiting periods, an age the candidate appeared to have no House in 1996, with one that favored limit, that a soldier coming back from qualms with the proposition. clemency for at least half the pris- Iraq could not own a shotgun because While he acknowledges his role in oners.’’ he wasn’t 21 yet, a registration for this pardon as a mistake, Mr. Holder Unlike the Rich pardon, Holder has every gun in this country, the elimi- offers a curious explanation for the embraced his role in endorsing these nation for me to be able to give my error. He told the committee he was commutations. He told Senator SES- shotgun to my grandson when it is not familiar with Rich’s record at the SIONS during our committee hearings time to teach him to go hunting. All time of the pardon. First of all, I find that the decision was reasonable and those things he has espoused limiting this to be unbelievable, as the facts has stood unapologetically by that the second amendment. suggest otherwise. statement, even when it was proven While he has advanced those restric- Just a few years before the pardon, that he knew very little about the ter- tions as a member of the Clinton ad- when Holder was U.S. attorney for the rorists or their crimes at the time of ministration, working under Attorney District of Columbia, his office sued the commutations. General Janet Reno, he remained ac- one of Rich’s companies after an exten- Perhaps no one is as angry about tive in anti-gun advocacy after he en- sive investigation into contract fraud. Holder’s role in this incident, or about tered the private sector. After the at- The complaint that was filed in that his elevation to this distinguished of- tacks of September 11, he authored an

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1249 op-ed for the Washington Post, entitled Finally, I have serious doubts as to cially regarding each of the issues I ‘‘Keeping Guns Away from Terrorists.’’ whether Eric Holder is committed to raised today, I am forced to conclude I will not go through the details of defending the first amendment against that he lacks the judgment, independ- that piece, but the details of what he threats such as the so-called fairness ence, and candor necessary to be Attor- purports to support would have a dev- doctrine. This policy existed for dec- ney General. I did not reach this con- astating impact on the second amend- ades before being abolished in 1987 and clusion without careful consideration. ment in this country. rightly so. Today, the concept has been When I first came to the Senate, one Perhaps the most telling and unset- revived and the threat of Government of the first votes I had to make was on tling aspect of Mr. Holder’s anti-gun censorship over the airwaves is again a the nomination—to consent and ad- record is the signing of an amicus brief real possibility. vise—on Attorney General Alberto in the Supreme Court’s seminal second At our hearing, Eric Holder was Gonzalez. I had a catch in my spirit on amendment case, in which he argued asked about his thoughts on this pro- that nomination. I should not have that the Constitution did not protect posal. Specifically, he was asked cast a vote for him. I was the first Re- an individual’s right to bear arms. I be- whether, as a matter of public policy, publican to suggest that he should re- lieve he actually believes that—that we the fairness doctrine should be rein- sign because he did not display the don’t have the right. He now tells us stated, to which he replied: independence, the candor, or the sup- that is settled with the Heller case. [T]hat’s a toughie. I’ve not given an awful port for the rule of law. Although hind- But on further query, we get tremen- lot of thought to [it]. sight is always 20/20, I reserve my right dously nervous about his support for It is hard to accept that Eric Holder, to do the right thing on this nomina- the second amendment. The Supreme a former Deputy Attorney General, tion. There is no difference between the Court rejected his view on the second somehow missed the debate over this lack of independence that has been amendment unanimously. prominent issue in our society. It is demonstrated by the testimony of Eric His statement in our hearing that he even harder to accept his answer when Holder and his past and what we saw in respects Heller as the law of the land reviewing his past statements about the lack of independence of previous does not provide enough assurance on Attorneys General. his commitment to defend the second media bias. This not-so-thinly-veiled attack tar- Oftentimes, nominees come to the amendment. It is neither controversial gets the very media outlets that advo- Senate with nearly a blank slate. This nor instructive to make such a state- cates of the fairness doctrine hope to was not the case with Eric Holder. His ment. What matters are his views on cripple. While this may be an accept- time in public service, specifically his specific proposals for gun control legis- able position for a private advocate, stint as Deputy Attorney General for lation and regulation. President Clinton, served as an audi- At his hearing, I used the vast there is no room for this kind of bias in tion for this position. His role in the amount of my time in three rounds of the Department of Justice. Unfortu- pardon and commutations is very trou- questioning to try and extract opinions nately, Mr. Holder said nothing to ease from Eric Holder on the second amend- concerns about his predisposition on bling. I believe, in summary, independ- ment. In his testimony, he advocated a this issue. In written responses to fur- ence is lacking, candor is lacking, and permanent ban on so-called assault ther questions from the committee he judgment is lacking. President Obama weapons, an age restriction on handgun said this: If a law or regulation is en- deserves some degree of deference in possession—again, many of our troops acted that seeks to implement some his choices, but no President is entitled returning home and out of the military version of the fairness doctrine, I will to a Cabinet member who will neglect after 2 years would not be able to have work with other agencies in the new the Constitution and his own sound a handgun because they are not 21—and administration and in the Depart- judgment to facilitate a bad political closing the gun show loophole. What ment’s Office of Legal Counsel to reach decision. that means is I cannot sell a gun to one a considered view about the constitu- I regret I cannot, in good conscience, of my neighbors without a background tionality of the specific law or regula- support his nomination. The PRESIDING OFFICER. The Sen- check on my neighbor. I cannot actu- tion under consideration. ally sell a piece of material I have to Remarkably, although Mr. Holder ator from Vermont is recognized. Mr. LEAHY. Madam President, I someone without going through a gun was given an opportunity to distance know we proposed going with two on check, or I cannot even sell it to my himself from the inflammatory com- the Republican side and with two on brother. ments he made in the 2004 speech, the He refused to commit to defending best he could offer was a commitment the Democratic side. We will next go State right-to-carry laws. There are to give a ‘‘considered view’’ of any such with Senator BURRIS and then Senator more than 40 States that have these legislation. DORGAN. laws. He was questioned over and over What I expected from a prospective I would note in this debate—and I and would not answer affirmatively Attorney General was, first and fore- apologize for my voice; I am recovering that he would use the power of the at- most, a clear and strong commitment from laryngitis—that, one, the Justice torney to uphold the second amend- to uphold and defend the first amend- Department is not the Department ment. ment. What Eric Holder said fell far that handles the fairness doctrine. Out He repeatedly testified that gun reg- short of my expectation. of fairness to Mr. Holder, that is not a ulation was not a priority for either he The so-called ‘‘Fairness Doctrine’’ is matter that comes before the Attorney or the administration. Consistently, not a ‘‘toughie’’ issue, as it was de- General. Mr. Holder has unapologetically em- scribed by the presumptive Attorney Secondly, I asked Mr. Holder specifi- braced his anti-gun views. Yet at his General. cally a question about his views on the confirmation hearing, he would not tell The PRESIDING OFFICER. The Sen- Second Amendment—because we do not us what those views were. ator’s time has expired. have in Vermont the restrictive gun He has been a vocal gun control advo- Mr. COBURN. I ask unanimous con- laws that the people in Oklahoma have cate in the past, both in his official and sent for 3 additional minutes. supported or the restrictive gun laws individual capacities. He was not can- Mr. SPECTER. Okay. the people of Texas or Pennsylvania did on the second amendment issue, an Mr. COBURN. As former FCC Chair- have supported. We have less restric- issue he has followed for years, as he man James Quello argued shortly after tive gun laws than any State in the was on interrogation techniques, an the policy was repealed, Union. I own many firearms myself. I issue which he could not possibly have The fairness doctrine doesn’t belong in a asked Mr. Holder specifically if he enough information to prejudge. country that is dedicated to freedom of the would, in a State without restrictive After an extensive review of his press and freedom of speech. gun laws, such as Vermont, seek to re- record and his testimony, I have con- I agree and am disturbed that our place those State laws with more re- cluded that Eric Holder as Attorney likely next Attorney General appar- strictive Federal gun laws similar to General will not defend—not ade- ently does not. those of the many other States rep- quately defend—the second amend- In conclusion, after listening care- resented on the Judiciary Committee, ment. fully to Eric Holder’s testimony, espe- and he said no.

VerDate Nov 24 2008 00:24 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.023 S02FEPT1 jbell on PROD1PC69 with SENATE S1250 CONGRESSIONAL RECORD — SENATE February 2, 2009 Madam President, I yield 10 minutes swam and integrated the pool without spoiled an economy for the Main Street to the Senator from Illinois. incident. Later, we were home cele- many, we need an Attorney General Mr. SPECTER. Madam President, if I brating our accomplishments, but who will put people first. could have the attention of the chair- when my dad returned home he was We can be certain that Eric Holder man. very upset. We questioned why, and he will do these things because he has The PRESIDING OFFICER. The Sen- explained that the lawyer he had hired spent his entire career building and ator from Pennsylvania. did not show up. My father then said broadening a deep well of public trust. Mr. SPECTER. I wish to yield 20 min- these words: After graduating from Columbia Law utes to Senator CORNYN at the conclu- If we as a race of people are going to get School, Eric came to the Justice De- sion, but do we have an idea as to how anywhere in our society, we need lawyers partment in 1976 to serve in the Attor- long, or when that will be? and elected officials who are responsible and ney General’s Honors Program, where Mr. LEAHY. Next will be Senator responsive. his focus was prosecuting corrupt offi- BURRIS and then Senator DORGAN. I ask From that conversation with my fa- cials at the local, State, and Federal the Senator from North Dakota, ther when I was 16, I set a goal for my- levels. In 1988, he was appointed by Madam President, approximately how self that I would try in my life and ca- President Reagan as an associate judge much time he wants. reer to be responsible and responsive to of the Superior Court of the District of Mr. DORGAN. Ten minutes. the cause of justice. Columbia, where he presided over Mr. LEAHY. I would seek to yield 10 When President Obama nominated countless trials of homicides and other minutes to the Senator from Illinois Eric Holder to be Attorney General of violent crimes. and 10 minutes to the Senator from the United States, my father’s words In 1993, President Clinton nominated North Dakota, and then yield back came to mind. Eric Holder is the em- Eric to become the U.S. Attorney for time. bodiment of what my father envisioned the District of Columbia, the first Afri- Mr. SPECTER. Then I would give 20 on that day. Mr. Holder has been re- can American to hold that post. In that minutes to Senator CORNYN. sponsible and responsive his entire ca- role, he created a domestic violence Mr. CORNYN. Madam President, I reer. He has been a leader in the long unit, went after perpetrators of crime ask unanimous consent to that effect. march toward justice, not just for Afri- with an unmatched intensity, and The PRESIDING OFFICER. Without can Americans but for all Americans worked hand in hand with the commu- objection, it is so ordered. who treasure our Nation’s founding nity to give the people a voice in law The Senator from Illinois is recog- principles of freedom, equality, and enforcement. In 1997, President Clinton nized. personal liberty. Once confirmed, he promoted Eric Holder to the position of Mr. BURRIS. Madam President, with will open the gates of justice once Deputy Attorney General, where he humility for an honor neither sought again to the public interest, not the went after crimes against children and nor expected, I rise for the first time as special interests, and to those who are cracked down on white-collar crimes. At every step along the way, Eric a U.S. Senator. concerned not with the expansion of Holder has proven there is no conflict At a time of great consequence for power but with the use of power for the between fighting crime and upholding our country’s long march toward jus- common good. tice—and the moral compass we call The mission of the Department of civil liberties; that making America the Constitution that guides our path— Justice is to enforce the law, to ensure safe and more just must go hand in I rise to strongly support President the public safety, to prevent crime, and hand. That is exactly what he will do Barack Obama’s nominee for the office to seek fair, impartial justice for all as U.S. Attorney General. It is the honor of a lifetime to rise of U.S. Attorney General, Eric Holder. Americans. Sadly, for the past 8 years, from the desk that previously belonged As we look toward the future, I begin the Department has not lived up to the to our President Barack Obama, and with a few words about the past. Back promise of that sacred mission. Ameri- before that to another legend from the in the 1950s, there was a place in my cans, particularly those of us in the land of Lincoln, Senator Paul Simon. hometown of Centralia, IL, called the legal community, have seen the Justice As long as this desk is in my care, I pig wobble, and it wasn’t hard to figure Department sink further into corrup- will try to honor those who served be- out why: Pig wobble was the place tion, cronyism, and gross mismanage- fore me and work to brighten the lives where the horses, the cows, and, yes, ment. of every citizen of Illinois. the pigs, from all nearby farms came to I have watched with particular de- If you look back further through the drink water. It was also the place spair as the Federal initiatives to fight years, this desk belonged to Senator where African-American children came violent crimes against women, a pro- Robert F. Kennedy, who as U.S. Attor- to swim in the summertime. gram similar to the one I enacted as ney General breathed life into the My friends and I swam in the pig Attorney General in my State of Illi- flames of justice. I know Eric Holder wobble until the summer of my 16th nois, was underfunded, politicized, and will do the same in our time. I urge my birthday, in 1953, when, after previous largely abandoned. We have the chance colleagues to join me in supporting efforts to integrate the park swimming today to turn the page by confirming this outstanding nominee. pool where only white children swam Eric Holder. I thank the Presiding Officer and my had failed. My dad finally had enough At a time when the Department of colleagues for the opportunity to share of his children swimming with the farm Justice has lost dozens of competent, my thoughts in supporting the nomina- animals while the White children went effective career attorneys, it is long tion of Eric Holder for Attorney Gen- off to the nice clean neighborhood pool. past time for an Attorney General to eral of the United States of America. My dad and his minister, who ran the put competence first. At a time when The PRESIDING OFFICER. The Sen- local chapter of the NAACP, deter- the Civil Rights Division, long known ator from Vermont is recognized. mined that the time had come for as the crown jewel of the Justice De- Mr. LEAHY. Madam President, I Black children to swim in the commu- partment, has seen its mission under- thank the Senator from Illinois for his nity pool. They decided they would mined and misdirected, it is time for excellent statement. I was touched by need an attorney to represent us. There an Attorney General who will keep jus- the fact that the Senator from Illinois were no Black lawyers in Centralia, so tice blind and put our Constitution mentioned he is at the desk once occu- my father traveled to Chicago seeking first. At a time when our moral author- pied by both Senator Paul Simon and legal assistance, but no lawyer was in- ity in the world is threatened by the Senator Barack Obama. I had the privi- terested in representing us. He re- immoral acts that were sanctioned lege of serving with both Senators from turned home, and the following day from the top, we need an Attorney Illinois, both great people. I know it is went to East St. Louis, IL, and re- General who will put civil liberties safe to say that Senator Obama, now tained a Black attorney to represent first. At a time when the threat of ter- President Obama, will appreciate the us. rorism continues to haunt us, we need statement made by Senator BURRIS When the pool opened on Memorial an Attorney General who will put pub- today. Day, my brother and I, along with lic safety first. At a time when the Having known Senator Paul Simon, I three brothers from another family, crimes of a Wall Street few have think it safe to say he also would have

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.024 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1251 been proud of the statement. Some- ful or important they might be. It cause it is right and because it is our where he is looking down and seeing means everyone, from the lowest to the birthright as Americans. this. highest, gets treated equally and fairly From the very beginning our country Last, it was my privilege as a young under the law in this country. has held itself to a higher standard, as law student to be recruited by then-At- The Attorney General is the senior in the story of George Washington and torney General Robert Kennedy, who most Government official responsible the fight to found America. He led the made it very clear that the Justice De- for justice. That is the person who has Continental Army in the war for inde- partment was for all Americans and to stand for, and stand up for, our pendence. It is a pretty interesting nobody, not even his brother, the country as a nation of laws. That is the story, if you go back and read it. President, would be allowed to inter- person who needs to be the defender of Madam President, 5,000 were in the fere with criminal or civil rights pros- human rights, who must believe in Continental Army that George Wash- ecutions. I knew he meant it. I know America as a beacon of hope in the ington commanded, 5,000—but not the Senator from Illinois shares my world, a beacon that shines from Amer- trained soldiers. They were shop- feelings in that. ica into the darkest places at the dark- keepers, farmers and tradesmen going I welcome him to this body, and I est times. up against a 50,000-man trained army of thank him for his statement. The Attorney General, as the head of British soldiers. We know the result, I yield to the Senator from North Da- the Justice Department, is the one who but we don’t always remember the bat- kota. is involved in that kind of activity and tles along the way, military battles The PRESIDING OFFICER. The Sen- sends that message from our country. and, yes, battles over values and ideals. ator from North Dakota is recognized. An Attorney General should be some- There were many difficult periods Mr. DORGAN. Madam President, let one who can say torture is un-Amer- during that war, and there were some me thank my colleague, the Senator ican because it is. No splitting hairs, very dark days. During one very dif- from Vermont, the chairman of the no fancy words, no legal distinctions— ficult period, at a time when a large committee, for his work on the Judici- just these simple words: Torture is number of his troops were captured, ary Committee. I do not serve on that wrong. Gen. Washington and his troops saw committee, but I come to talk just a Mr. Holder has said that to us in his the Hessian mercenaries, who at that bit about the nomination of the new nomination hearings. He said, ‘‘Torture point were fighting along with the Attorney General and about the De- is wrong’’ and ‘‘No one is above the British, slaughtering unarmed pris- partment of Justice. law.’’ Those are very simple and oners. Washington, when he captured The reason I say I appreciate the straightforward words from this nomi- Hessian prisoners, refused to do the Senator from Vermont is because he nee, but I think they are timeless prin- same. Washington insisted we were dif- waged a relentless struggle at a time ciples, timeless truths that America ferent; we were going to treat people when the Justice Department was in- has exhibited now for nearly 200 years. the way they should be treated not the volved in the long shadow of scandal, Why is that important for us? The way they treated us. at a time when words from the Justice most powerful weapon in our country That was George Washington’s no- Department, from the Attorney Gen- is what we stand for. That has always tion about who we are and why we are eral at that point, seemed to suggest been the most powerful weapon in different. That has been America’s torture was OK. It was a time when the America. birthright since the beginning of our Department of Justice seemed to say We had a long struggle in the Cold country. that people could be detained on the War against the Soviet Union and to- It is why this issue of torture is so streets of America and held incommu- talitarianism. The Cold War occasion- important. It is why the discussions nicado without a right to an attorney. ally flared up to a hot war with bombs about detainee treatment and enemy These were things that I believed were and bullets. But, it was not the bombs combatants and habeas corpus are so far afield from what we expect as basic and bullets that won the Cold War with important. These issues are about who rights in our country and the Chairman the Soviet Union. It was American val- we are as a country, as a people, and of the Judiciary Committee waged a ues that won that Cold War. who we want to be. long and brave battle against them. That is why we prevailed. We must I remember reading one day that a And, I want to thank him for that. never forget that American values were man was picked up at a New York City But, let me talk about Eric Holder in so strong that they shined the light of airport and then sent away, not to be the context of what I just described hope into the darkest cells of the gulag heard from for a long while by his fam- and why I think this nomination is so prisons in the outermost reaches of the ily or by anybody. It turns out he was important. You have heard a lot about Soviet Union. Many of those prisoners sent to Syria where he was tortured for how highly qualified Eric Holder is— died in their cells, but some survived 8 to 9 months, kept underground in about his lifetime of impressive public and talked about how inspired they concrete cells in isolation. It turns out service, about his history as an inde- were by the ideas and values of what it was a huge mistake. This person was pendent, tough-as-nails prosecutor, was America. Our country gave them not who he was thought to be; he was about the long list of organizations hope. The idea of America, as I said, not a terrorist. that support him as very qualified, and reached to the farthest and darkest Yet, on American soil, he was de- about the many prominent Democrats places on this Earth and offered hope tained and then sent away to be tor- and Republicans that support him. to people—people struggling, people in tured. He was a Canadian. The Govern- But, I want to talk about Eric Holder grave difficulty. ment of Canada, by the way, has apolo- as a key part of restoring justice to the There was a very clear and distinct gized to that citizen for that situation. Department of Justice. difference between us and the Soviet But it describes why it is so important We have been through a long period Union during that Cold War, and every- that the rule of law always be applied. of difficulty at the Justice Depart- one knew what it was. It wasn’t our So this discussion about the Attor- ment. I am not talking now about the military might or the comparison of ney General, about this nomination, stewardship of Mr. Mukasey. I am talk- our military capabilities. It wasn’t our about the Department of Justice, is ing about specifically a period when bombs or bullets. It was what each about much more than just nominating Attorney General Gonzales was in country stood for. When the people of someone for a Cabinet position. It is charge. the Soviet Union and their client about what do we aspire to for our The Attorney General is the senior states finally had a choice, they chose country and ourselves. What kind of person in our country responsible for democracy and freedom and liberty. Government do we want? What kind of ensuring that justice is done. That That is how powerful the idea of Amer- Government will we allow? What kind means many things. It means, cer- ica has become. of country do we want? tainly, evenhandedness; it means jus- This moral ground has always been I go back again, as I said, to the long, tice under the law; it means occasion- our country’s strength. We must insist dark shadow that was cast for a period ally saying no to those who want to do on keeping that high moral ground— of time over the Justice Department, the wrong thing, no matter how power- not only because it is effective, but be- when it was engaged in scandals and

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.026 S02FEPT1 jbell on PROD1PC69 with SENATE S1252 CONGRESSIONAL RECORD — SENATE February 2, 2009 scandalous conduct. There were very when we could be embracing a nation- yer. He has a lot of support in the law important questions about what was wide expansion of a proven, successful enforcement community. Moreover, happening at the Department of Jus- program enforcing existing gun laws. Mr. Holder has acknowledged some of tice. Frankly, there were grave ques- In my opinion, Mr. Holder should re- the mistakes he made—even though I tions of what was happening to justice consider this position. believe he could have done a lot more. at the Department of Justice. I find Mr. Holder’s involvement with We had a productive meeting when he The Senate Judiciary Committee was the FALN clemencies to be troubling. came in to talk about his nomination relentless in trying to understand it Mr. Holder played a pivotal role in ob- last year, and he seemed to be respon- and hold hearings and get answers. taining clemencies for the FALN ter- sive to the issues that I raised with Very few answers, frankly, were forth- rorists. He fired pardon attorney Mar- him. He has committed to work with coming. Thankfully, those days are garet Love who had issued a report in me on a number of matters that are over. 1996 against clemency, and instructed important to me, such as the False We now have the nomination of Eric the new pardon attorney Roger Adams Claims Act. He has pledged to cooper- Holder. The Judiciary Committee to issue an ‘‘options’’ memo keeping ate with my oversight efforts and to be voted 17 to 2 to support his nomination. clemency on the table, even though the responsive to my document requests. Like them, I believe Eric Holder rep- pardon attorney, U.S. prosecutors, Bu- He has pledged to cooperate with Judi- resents an opportunity for our country reau of Prisons and FBI were all very ciary Committee investigations and re- to have someone at the Justice Depart- much against clemency. Mr. Holder quests for information. So I will sup- ment who does understand what the met with a number of groups and poli- port Mr. Holder’s nomination. But I Department of Justice stands for and ticians who supported the clemencies, plan to hold Mr. Holder’s feet to the where it fits in our value system. I am but never met with the victims. Mr. fire to make sure that he leads the Jus- pleased to come to the floor of the Sen- Holder testified that his recommenda- tice Department in the right direction ate today to say, when we discuss these tion to support the FALN clemencies and keeps Americans safe from crimi- issues we must discuss what are the was ‘‘reasonable’’ and ‘‘appropriate.’’ nals and terrorists. values, the ideals, that this country This is remarkable, especially since Ms. MIKULSKI. Madam President, stands for and how those whom we in- the FALN pardons were criticized by today I wish to support the nomination tend to put in very high places—how do the public and condemned by Congress. of Eric Holder to be Attorney General they comport to those standards and Mr. Holder’s handling of the Marc of the United States. This is an his- values? How will they conduct the of- Rich pardon is also problematic. He toric nomination—Eric Holder is the fice for which they are nominated? recommended Mr. Rich’s pardon to first African-American to be nomi- I believe strongly in the nomination President Clinton as ‘‘neutral, leaning nated to serve as the country’s chief of Eric Holder. As you have heard, he is favorable,’’ even though Mr. Rich was law enforcement officer. This is a much highly qualified in experience, skills the biggest tax cheat in U.S. history, a needed nomination. The Department of and temperament. As important, he fugitive of the law, and an individual Justice, DOJ, is on life support, understands the values of our country who traded with the enemy. Mr. Holder plagued with politics and partisanship. and the importance of justice. I have did not provide the Judiciary Com- Under the previous administration the no doubt that Eric Holder will be an mittee with a good explanation—legal, Department of Justice authored tor- excellent Attorney General, will re- political or factual—for why he was ture memos, fired U.S. Attorneys for store justice to the Department of Jus- ‘‘neutral, leaning favorable’’ on the their political beliefs, funded pet tice, and will uphold and further the pardon. Mr. Holder assisted Jack projects, and spent taxpayer dollars on historic values and ideals of our coun- Quinn—President Clinton’s former lavish conferences. try, which will again be a bright shin- White House counsel—in bypassing the This country needs an Attorney Gen- ing light for justice and hope through- U.S. prosecutors and other DOJ offi- eral who will restore confidence and in- out the world. cials who opposed the pardon, and ad- tegrity to the Justice Department. We I yield the floor. vised Mr. Quinn on how to deal with need an independent thinker who is not Mr. GRASSLEY. Madam Chairman, I the media and other logistics after the influenced by politics or fear and who have decided to support Mr. Holder’s pardon was issued. Although Mr. Hold- is dedicated to rule of law—not rule of nomination to be the next Attorney er did acknowledge that he made a mis- ideology. We need a leader to hold the General of the United States. However, take with respect to the Rich pardon, I Department accountable—one who will I want to make clear that just because am troubled by Mr. Holder’s deliberate provide fiscal accountability and stew- I am voting to support Mr. Holder, this maneuvering around the established ardship of taxpayer dollars and stand nominee does have a few issues that Justice Department pardon processes. sentry against waste, fraud, and abuse. give me some concern. Also, I believe that Mr. Holder made No more $5 Swedish meatballs. For example, I am concerned about statements to the Senate Judiciary I have three criteria for nominees to Mr. Holder’s overly restrictive views of Committee about his involvement in the executive branch: first, the nomi- the second amendment. In last year’s the Rich pardon that appear to be at nee must possess competence; second, challenge to the District of Columbia’s odds with the facts as recorded in docu- the nominee must have a commitment gun ban in the U.S. Supreme Court ments written at the time and testi- to the mission of the agency; and fi- case District of Columbia v. Heller, Mr. mony provided by other witnesses. Mr. nally, the nominee must have the high- Holder joined an amicus brief arguing Holder has indicated that he will be re- est integrity. Eric Holder passes all of that the second amendment does not sponsive and candid with Judiciary these tests with flying colors. provide an individual right for citizens Committee requests, and that he will First, his competence cannot be ques- to own firearms. However, a majority respect DOJ internal processes and ex- tioned. He was the No. 2 at the Depart- of the Supreme Court held that the sec- ercise better judgment with respect to ment of Justice under the Clinton ad- ond amendment does indeed guarantee DOJ matters. I am hopeful that Mr. ministration; he was U.S. attorney for an individual right to keep and bear Holder will meet that commitment. the District of Columbia; he was nomi- arms. I am a strong supporter of the The U.S. Constitution requires Sen- nated by President Reagan and con- second amendment, so I am concerned ators to fully vet the qualifications and firmed by the Senate to serve as a Su- that Mr. Holder’s views may be too fitness of presidential nominees and to perior Court judge for the District of limited. I am also concerned about Mr. exercise their independent judgment Columbia; and he was a career pros- Holder’s reluctance to expand pro- when they decide whether to ulti- ecutor in DOJ’s Public Integrity Sec- grams that enforce current gun laws, mately consent to them. This has been tion. such as ‘‘Project Exile.’’ This highly ef- a difficult decision for me—particu- Second, he has shown an unwavering fective initiative started in the 1990s, larly because of the concerns that I commitment to the Justice Depart- but was only implemented in a few tar- have just outlined. However, Mr. Hold- ment’s mission to uphold the Constitu- geted cities. I don’t understand why er is an experienced individual with ex- tion, fight corruption, prosecute crimi- Mr. Holder is willing to consider the tensive credentials. He has very good nals, and protect victims. He has need for new gun laws and regulations, qualifications. Mr. Holder’s a good law- fought throughout his career to make

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.026 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1253 sure our Nation’s laws are applied fair- challenges at the Justice Department I look forward to working with Presi- ly and that everyone gets a fair shake. is to restore confidence at the Depart- dent Obama and Mr. Holder to fashion Third, Eric Holder possesses strong ment. The mission of the Justice De- a system of detention for the war on integrity. He has a history of fighting partment has been sidelined and poli- terror involving all three branches of to root out corruption and prosecute tics—not evidence—has driven hiring government and of which all Ameri- criminals. He is the son of immigrants and firing decisions. The prosecution of cans can be proud. Mr. Holder and I and has worked hard to get to where he civil rights violations had dramatically agree that in order to maintain the is. dropped, while claims of workplace dis- moral high ground in this war, which is As chairwoman of the Appropriations crimination are on the rise. We need a critical, we must treat detainees fairly, Subcommittee that funds the Justice leader to put the Department back on with more process than they would Department, I want to make sure that track and restore integrity and inde- necessarily provide us. We also agree the Department has what it needs to pendent thinking. It is time to get that we must not release dangerous protect this country from predatory at- back to doing business that is free from warriors back to the fight against our tacks by terrorists and predatory at- politics and ideology. Time to enforce Nation. Criminalizing this war would tacks in our neighborhood. I have our civil rights laws, prosecute finan- be a terrible mistake, and Mr. Holder fought to put dollars in the Federal cial corruption and cronyism, bolster understands that. checkbook to support the agency’s ef- local law enforcement to fight crime Four years ago, President Obama, and protect the vulnerable. Eric Holder forts to combat terrorism and violent then Senator Obama, stated on the has served as the Deputy Attorney crime. I have fought to make sure that floor of this chamber that the test of a General at Justice and has experience hard-working, dedicated individuals nominee for Attorney General is, managing and leading. He knows the who are responsible for carrying out ‘‘whether that person is ready to put that mission have the resources they challenges the Department faces. He will work with President Obama to re- the Constitution of the people before need. the political agenda of the President.’’ The Justice Department needs an At- store the Department’s reputation. In conclusion, Eric Holder has spent I am confident that Eric Holder meets torney General who supports enforcing that test, and I ask my colleagues to our country’s laws, will protect the his legal career protecting the public from dirty public officials, violent support his nomination. vulnerable, and will restore morale and Mr. FEINGOLD. Madam President, confidence. I believe Eric Holder is just criminals and predators, scheming cor- porate greed. I know as Attorney Gen- this is a momentous day for the Sen- the right man for the job. For the past eral, Eric Holder will make sure the ate. We are about to confirm a nominee 8 years, the previous administration Justice Department is working for the for Attorney General of the United has ignored the Constitution, sup- American people—not some political States who with two short declarative ported torture, denied basic access to agenda. This is why I will vote to con- sentences uttered at his confirmation courts for detainees, slashed funding firm Eric Holder to be the next Attor- hearing—without caveats, without for cops on the beat, and spied on inno- ney General of the United States. parsing words, without equivocation— cent Americans. We need an Attorney Mr. GRAHAM. Madam President, I signaled a new direction for the De- General who will restore the rule of am pleased to support the nomination partment of Justice and a turning of law and demand accountability for of Eric Holder as Attorney General. I the page in the constitutional history wrongdoing. We need an independent am convinced that he understands the of this country. thinker—not a rubber stamp for the threat to our Nation posed by ter- ‘‘Waterboarding is torture.’’ President. rorism. In the Judiciary Committee’s ‘‘No one is above the law.’’ Eric Holder is a heavyweight lawyer. hearing on the nomination, Mr. Holder He has vigorously prosecuted corrupt With these simple words, Eric Holder agreed with me that the United States reassured the Nation that the Depart- public officials from both parties. He is undoubtedly at war with a vicious put a mob boss behind bars for trying ment of Justice will be run by someone and shadowy enemy, and that the war who believes in the rule of law and in to bribe a juror. He is willing to take began before the attacks of September on the strong and powerful because he impartial justice. It is sad, of course, 11, 2001. Further, Mr. Holder and I that this is something remarkable. But believes no one is above the law. agreed that the battlefield in the war Yet the Department of Justice is not that is where the last 8 years have left on terror is the entire globe—not only us. only responsible for upholding the Con- the combat zones of Afghanistan and The election of 2008 had many con- stitution. Part of its core mission is to Iraq but also the financial system sequences. But none is more important protect the most vulnerable. As a so- through which terrorist networks are than a chance to restore the rule of law cial worker, I have seen firsthand the funded and the Internet through which and repair the damage to the Depart- despicable crimes committed against terrorists communicate and spread ment of Justice that has been done by children and know how important it is their message of violence and hatred. the past administration. Eric Holder is to hold these abusers accountable in Indeed, the tragic events of 9/11 proved well equipped to take on this impor- order to keep our children safe. Now, that the battlefield even extends with- new technology puts children at even in our Nation’s own borders. The ques- tant and difficult task for three rea- greater risk. There are sophisticated tion of how best to win the war on ter- sons. cyber-predators posing as children on ror is the most profound issue facing First, he has spent over 25 years pur- the Internet and are harder to catch. the next Attorney General. Mr. Holder suing justice in public service, as a Eric Holder is a career prosecutor who understands the nature of this enemy trial attorney in the Public Integrity has dedicated his life to protecting the and this conflict. Section of the Department, as a DC Su- public and getting criminals off the There are some in this body who will perior Court judge, as U.S. attorney for street. As the U.S. Attorney for D.C., argue that Mr. Holder’s previous mis- the District of Columbia, and as Dep- Holder created the Domestic Violence takes should bar him from serving as uty Attorney General. He knows the Unit, which was a dedicated, one-stop Attorney General. In expressing my Department of Justice as well as any shop for domestic violence survivors; support for Mr. Holder, I do not mean person alive, he respects its history, he also spearheaded initiatives to pro- to minimize those misjudgments. In- and he has the respect and support of tect children from abuse, sexual preda- deed, Mr. Holder faces his past mis- career lawyers in the Department and tors and cyber stalkers. I am confident takes fully—admitting them, learning former Attorneys General and Deputy that as Attorney General, the coun- from them, and promising to exercise Attorneys General from both parties. try’s chief of police, he will protect our better judgment in the future. While I Second, he appears to have the inde- children and our neighborhoods from understand concern with Mr. Holder’s pendence and strength of character violent and heinous crimes. past errors, it would be a mistake in its needed to fulfill the special role that Not only does the country need Hold- own right to reject on that basis this the Attorney General has in the Presi- er, the Department of Justice does. A qualified nominee who so comprehends dent’s Cabinet. He prosecuted powerful recent DOJ Inspector General report the challenge our Nation faces in de- members of his own party when work- found one of the top ten management feating terrorism. ing in the Public Integrity Section and

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.012 S02FEPT1 jbell on PROD1PC69 with SENATE S1254 CONGRESSIONAL RECORD — SENATE February 2, 2009 as U.S. attorney. He recommended ex- because despite significant policy dif- Mr. CORNYN. Madam President, I panding the scope of Ken Starr’s inves- ferences, and not insignificant criti- understand under the previous order I tigation of President Clinton. This cism of some of his actions as a Sen- have been recognized for the next 20 record indicates that Mr. Holder under- ator, I believed that he was qualified minutes on this side, but I have been stands the difference between being the for the job, and, most important, be- asked on this side to ask unanimous people’s lawyer and being the Presi- cause I believed that a President is due consent that the following Republican dent’s lawyer. great deference in filling his Cabinet. I Senators be recognized in this order Third, he understands the need to re- still believe that today. I am pleased during the remaining time, going back vitalize the traditional missions of the that many of my colleagues on the Re- and forth, as the distinguished chair- Department—fighting crime, pro- publican side have decided to show that man knows: Following my remarks, tecting civil rights, preserving the en- same deference to President Obama. Senator HATCH for 10 minutes, Senator vironment, and ensuring the fairness of Eric Holder is highly qualified for this BUNNING for 5 minutes, Senator SES- the marketplace—while at the same position, his overall record and testi- SIONS for 5 minutes, Senator BOND for time devoting himself to protecting mony suggest he will exercise his re- 10 minutes, and Senator HUTCHISON for the American people from a terrorist sponsibilities with care and judgment, 5 minutes. I ask Republican speakers attack. I am optimistic that he will and he is the President’s choice. He be recognized in that order on this side. fight for the resources and the policies should be confirmed. The PRESIDING OFFICER. Is there needed to do justice. Similarly, he un- Mr. CHAMBLISS. Madam President, objection? derstands that security and liberty I rise to discuss my support for Eric Mr. LEAHY. Madam President, re- shouldn’t be balanced or traded off Holder’s nomination. When Mr. Holder serving the right to object, and I do not against each other. They must be twin was first nominated I had serious con- intend to object, but has the distin- goals, both achievable, together, with cerns—concerns about his stance on guished Senator from Texas left time hard work and dedication to our na- the second amendment, which is impor- for the ranking member if he wants it? tional values. I was struck by words tant to me and so many Georgians I Mr. CORNYN. It is my understanding from a speech Mr. Holder made in 2005, represent, concerns about the potential we have reserved sufficient time for after he had left the Government: prosecution of those who interrogated the ranking member to close. Those who tell us that we must engage in detainees in accordance with legal Mr. LEAHY. I see a nod of affirma- warrantless domestic surveillance, ‘‘en- opinions issued by the Department of tion from the staff. Being one who un- hanced interrogation’’ or ‘‘extraordinary Justice’s Office of Legal Counsel, and derstands that we Senators are merely rendition’’ or we cripple ourselves in com- concerns about his role as Deputy At- constitutional necessities to the staff, bating terrorism offer a false choice. There torney General in some of President is simply no tension between an effective Madam President, I have no objection fight against those who have sworn to harm Clinton’s pardons. to this with the understanding that we us and a respect for our most honored civil I had a long discussion with Mr. follow the usual comity of going from liberties traditions. Holder last week and we talked exten- side to side. I could not agree more. I am very sively about the concerns that I had The PRESIDING OFFICER. Without pleased that a person who so strongly and that I know many of my constitu- objection, it is so ordered. The request and unapologetically believes in the ents have. After our conversation, I is agreed to. The Senator from Texas is promise of our Constitution, now more was convinced that he will com- recognized. than ever, will soon be the Attorney petently serve as our next Attorney Mr. CORNYN. Madam President, I General of the United States. General, and will keep the best inter- come to the floor more with regret Let me say just a word about the ests of the American people in mind. than anything else to say I oppose the With respect to the second amend- Marc Rich pardon controversy, which nomination and confirmation of Eric ment, Mr. Holder recognizes the deci- is one of the areas on which opponents Holder to be the next United States At- sion of the U.S. Supreme Court in Dis- of Mr. Holder’s nomination have fo- torney General. I say this to my col- trict of Columbia v. Heller, holding the cused. I thought that pardon was a mis- leagues because I have approached this second amendment to be an individual use of the President’s power, and I said nomination with an open mind and ac- right, to be the law of the land. With so at the time. Mr. Holder did not exer- tually a predisposition to vote for his respect to former interrogators, he rec- cise his role in the pardon process with confirmation. But, of course, we Sen- ognized that it does not make sense to the care or diligence he should have, ators have a constitutional duty—in prosecute those clearly acting under and I appreciate the concerns that have providing advice and consent to the ex- the authority of the Office of Legal ecutive branch’s executive nomina- been expressed about his involvement Counsel. Finally, with respect to his tions like this one—to ask hard ques- in this matter. But it is significant role in President Clinton’s pardoning of tions and to get the answers to those that, starting shortly after the pardon Marc Rich, Mr. Holder fully recognized questions so our advice and consent and continuing to this day, Eric Holder his mistakes and stated if he had to do may be an informed consent. actually stood up and admitted that he it again, he would have done things dif- While I approached this nomination made mistakes. ferently. I believe he will take that We have seen far too little of that in with an open mind and a predisposition learning experience with him into his the past 8 years from the leadership at to vote for Mr. Holder’s confirmation, I role as Attorney General. the Department of Justice and from Finally, Mr. Holder has been unani- ultimately concluded that, as a result the Bush administration as a whole for mously confirmed by the U.S. Senate of the reasons I will detail momen- that matter. Months and months of on three separate occasions. He was tarily, I could not vote for his con- work on the Judiciary Committee was praised by a Georgian and former At- firmation in good conscience. needed, essentially, because Attorney torney General, Griffin Bell, who re- Mr. Holder’s experience in many General Gonzales insisted that nothing cently passed away and for whom I had ways uniquely qualifies him for this he did in connection with the U.S. at- the utmost respect. President Obama promotion as Attorney General, but it torney firings was a mistake. Our deserves great deference in filling out is that very same experience when he country cannot afford leadership like his Cabinet positions, and because of served as Deputy Attorney General that at the Department any more. The the very candid conversation I had that calls into question his independ- problems we face are too grave and too with Mr. Holder, and my belief that he ence and judgment, particularly when complicated for our leaders to insist on is up for the task before him, I am the President of the United States at defending indefensible conduct or con- pleased to support his nomination. the time, President Bill Clinton, basi- tinuing with policies that aren’t work- The PRESIDING OFFICER. The Sen- cally wanted something out of the De- ing simply because they don’t want to ator from Vermont is recognized. partment of Justice. This had to do admit they were wrong. Mr. LEAHY. Madam President, I un- specifically with two clemency peti- Madam President, just a little under derstand the Senator from Texas has a tions, one for the FALN terrorists and 8 years ago, I voted for the nomination request to make. the other for the notorious Marc Rich. of John Ashcroft to be President The PRESIDING OFFICER. The Sen- These two actions—where President Bush’s first Attorney General. I did so ator from Texas is recognized. Clinton commuted the sentence of 16

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.008 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1255 Puerto Rican terrorists and the rec- Manhattan. Timed to explode during was killed in the bombing in Lower ommendation to pardon the billionaire lunchtime, the bomb decapitated 1 of Manhattan. Mr. Connor testified that fugitive, Marc Rich—raised serious the 4 people killed and injured another Mr. Holder did not consult with him, questions about Mr. Holder’s independ- 60. It is hard for us to imagine what it did not contact him or his family or ence and judgment. would be like today if this were to other victims before recommending When Mr. Holder came to my office, occur, but that, in fact, is what the that the FALN terrorists go free. I can- I asked him: Is there any reason you FALN was found guilty of. not vote for Mr. Holder’s nomination would resign rather than carry out the In another attack in Puerto Rico, until I can explain my vote to Joseph orders of a President if you were Attor- Los Macheteros terrorists opened fire Connor. ney General? on a bus full of U.S. sailors, killing Less than 2 years after the controver- He quickly said: Of course. If the two, wounding nine. sial recommendation for commuting President asked me to do something il- Fortunately, much of the leadership the sentences of these FALN terrorists legal or unethical, then I would resign of these terrorist groups was captured and Los Macheteros terrorists, on the rather than carry out those instruc- and brought to justice in the 1970s and very last night of the Clinton adminis- tions. 1980s. But by the mid-1980s, thankfully, tration, Mr. Holder made a very simi- Well, no one is suggesting that what the worst of their reign of terror was lar error in judgment when he rec- Mr. Holder did was illegal, given the over. ommended that President Clinton par- fact that the President of the United In the early 1990s, sympathetic activ- don the notorious fugitive Marc Rich. States solely had the prerogative ists petitioned for clemency on behalf At the time, Mr. Rich was No. 6 on the whether to grant these commutations, of members of these groups. It was an FBI’s Most Wanted list. but I think any fairminded consider- easy call for the Pardon Attorney. In 1983, then-U.S. attorney Rudy ation of Mr. Holder’s conduct under That is the title of the individual Giuliani got an indictment of inter- these commutations raises some seri- whose responsibility it is to screen re- national commodities trader Marc ous questions whether he could hold quests for clemency. These unrepent- Rich and his business partner Pincus himself to the very same standard that ant terrorists had not even bothered to Green. The indictment charged 65 he articulated in my office. petition for clemency themselves. So counts of tax evasion, racketeering, Two other aspects of Mr. Holder’s Pardon Attorney Margaret Love, who and trading with the enemy. Specific record concern me. One is his dem- worked for then-Deputy Attorney Gen- charges include illegally trading with onstrated lack of seriousness regarding eral Jamie Gorelick, recommended the Ayatollah Khamenei’s Iranian ter- the profound threat posed by radical Is- against clemency for any of these pris- rorist regime, in violation of U.S. en- lamic terrorism; secondly, as some oners, and her recommendation was ergy laws and the trade embargo Senators on my side of the aisle have transmitted to the President. But after against Iran. Indeed, Mr. Rich made a already pointed out, his apparent hos- Eric Holder became Deputy Attorney fortune trading with the Ayatollah’s tility to the second amendment, the General, he rescinded that rec- regime at the same time that 52 Amer- right to keep and bear arms, under our ommendation opposing clemency and ican diplomats were being held hostage Constitution. he recommended that President Clin- in Tehran. Mr. Rich profited by trading In the Judiciary Committee, on ton grant clemency to these unrepent- with Cuba, Libya, and South Africa which I am proud to serve, Mr. Holder ant terrorists. during apartheid, all despite U.S. em- failed to answer my questions and the Strangely, and really inexplicably, bargoes. questions of my colleagues in a way from my perspective, Mr. Holder now Rather than face the charges, Mr. that alleviated these concerns. In fact, continues to stand by these rec- Rich fled to Switzerland, where he re- I found many of his responses to be ommendations as ‘‘reasonable.’’ But I mained a fugitive for 17 years. Law en- simply evasive. do not think the reasons he gives are forcement, including CIA, the NSA, As I said earlier, I have four reasons persuasive. and other Federal agencies, expended for opposing this nomination: one, Mr. Mr. Holder, first of all, claims these substantial resources in trying to ap- Holder’s role in the FALN and Los individuals are not ‘‘linked to vio- prehend Mr. Rich. These efforts in- Macheteros commutations, his role in lence.’’ That is clearly false. These cluded extradition requests and at- the Marc Rich pardon, his men were active members of terrorist tempts by U.S. marshals to seize him misjudgments and shifting opinions on groups that committed dozens of vio- abroad. the war on terrorism, and his record of lent crimes, as I described a moment Mr. Rich refused to return to the hostility to the individual right to ago. It is true that they individually United States despite an offer by pros- keep and bear arms. were not prosecuted for the worst of ecutors that they would actually drop I think it is important to point out those crimes, but by that standard, the racketeering charges in exchange the facts of the commutations because anyone who conspires to commit vio- for his return. In a final effort to avoid they really are alarming, and many of lence and murder is not linked to vio- extradition, Mr. Rich went so far as to our memories may have been dimmed lence, only those who actually execute renounce his U.S. citizenship. He tried because many of these events occurred the orders of the higher ups. to become a citizen of Bolivia. long in the past. These commutations were, at the It is hard for me to imagine anyone In August 1999, President Clinton of- time, widely believed to be politically less deserving of clemency by the fered clemency to 16 members of two linked. Indeed, the Clinton White President of the United States than a Puerto Rican separatist terrorist orga- House discussed how the clemencies fugitive from justice accused of trading nizations, the FALN and Los would affect then-Vice President with the enemy. Mr. Rich’s own lawyer Macheteros. Deputy Attorney General Gore’s aspirations for higher office, told him that he ‘‘spit on the American Eric Holder made the recommendation particularly among the Puerto Rican flag’’ by avoiding the jurisdiction of that he should do so. community. For this reason, I believe a our courts. The FALN, in case people do not re- full accounting of the individuals Mr. On the last evening of the Clinton ad- call, was a clandestine terrorist group Holder met with, what they discussed, ministration, White House Counsel devoted to bringing about the inde- and what went into his decisions in called Mr. Holder to solicit his views pendence of Puerto Rico through vio- recommending these commutations is on the Rich pardon. As Deputy Attor- lent means. Its members waged open in order. ney General, Holder was effectively war on America, with more than 150 But there is another reason these speaking for the entire Department bombings, arsons, kidnappings, prison questions should be answered; that is, during this crucial call. Strongly dis- escapes, and threats and intimidation, it is only fair and just that the victims regarding the views of the hundreds of all of which resulted in the deaths of at of the violence of these two terrorist DOJ prosecutors and FBI agents who least 6 people and injuries to many groups be provided answers. had worked nearly two decades to more between 1974 and 1983. I would encourage all of my col- bring Mr. Rich to justice, Holder told The most gruesome of these attacks leagues before voting to review the tes- White House Counsel Beth Nolan that occurred in 1975 at a bombing in Lower timony of Joseph Connor, whose father he was ‘‘neutral, leaning favorable.’’

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.027 S02FEPT1 jbell on PROD1PC69 with SENATE S1256 CONGRESSIONAL RECORD — SENATE February 2, 2009 With this recommendation from the this article, when asked whether ter- faith. It is cynical to characterize a po- Deputy Attorney General in hand, rorism suspects could be held forever, sition you once held later as ‘‘making President Clinton granted the Rich Holder responded: a mockery of the rule of law.’’ pardon, in one of his last and most in- It seems to me you can think of these peo- The recent attacks in Mumbai have explicable actions. ple as combatants and we are in the middle reminded Americans of the possibility Senator SPECTER, the distinguished of a war. of another attack, literally anywhere ranking member from Pennsylvania, Holder said in a CNN interview in in the world by committed terrorists. correctly recounted what former FBI January 2002: On November 26, 2008, Mumbai was rav- Director Louis Freeh said about that And it seems to me that you could prob- aged by a gang of terrorists. More than pardon. He called it a ‘‘corrupt act.’’ ably say, looking at precedent, that you are 170 people died as a result of bombings Now, Mr. Holder has, during hearings, going to detain these people until the war is and gunfire, including 6 Americans. If accepted fault and admitted that he over, if that is ultimately what we wanted to an American city were targeted in the made a mistake. I do not know how he do. same manner as Mumbai, or worse— can do any differently. But never in a Just weeks later, this article goes on let’s say these terrorists had a biologi- full day of hearings and written ques- to say, Holder told CNN he did not be- cal, chemical, or nuclear device—it is tions did Mr. Holder offer a good reason lieve al-Qaida suspects qualified as critical that our laws give law enforce- for supporting the pardon in the first prisoners of war under the Geneva Con- ment personnel, intelligence personnel, place. He defends himself by saying he ventions. the President of the United States the was naive. He admits it was a mistake He said: very intelligence they need in order to and promises he will not make the One of the things we clearly want to do detect and defeat those attacks. Our same mistake again. But this is dif- with these prisoners is to have an ability to intelligence officials and those who act ficult to square with the fact that 2 interrogate them and find out what their fu- consistent with interpretations of the years earlier, Mr. Holder agreed that ture plans might be, where other cells may law from the Office of Legal Counsel at the FALN commutations were a rea- be located. Under the Geneva Conventions, the Department of Justice need to sonable act. It appears to be something you are really limited in the amount of in- know the law is not going to change of a trend here. formation that you can elicit from people. after they act consistent with what The other area I am very concerned Holder said it was important to treat they understand the law to be in order about, as I mentioned earlier, is the detainees humanely, but he said they to protect American citizens from fu- questions I asked Mr. Holder about the ‘‘are not, in fact, people entitled to the ture attacks. war on terrorism. Of course, it is hard protection of the Geneva Convention. I worry about Mr. Holder’s shifting for us now to recount the horrors of 9/ They are not prisoners of war.’’ opinions on what the law provides for 11 when al-Qaida commandeered air- In this article, he also downplayed and what it does not. I worry about the planes and hit here in Washington, DC, criticism that these detainees were chilling effect it will have on future in- and New York, killing 3,000 Americans. being mistreated. Now, these were es- telligence officials who may decide It was in the wake of that that, of sentially the same arguments being rather than risk prosecution by shift- course, the Congress authorized the use made by the Bush administration in ing opinions on what the law provides of military force against al-Qaida in the wake of 9/11. Since then, those ar- or does not, rather than risking every- Afghanistan and against the Taliban. guments, as we all know, have been thing I have worked a lifetime for, in- It is in the wake of that that Congress criticized by human rights groups, cluding what I have provided for my passed the PATRIOT Act to provide en- leading Democrats, and, surprisingly family, I am going to play it safe. hanced tools to our law enforcement enough, Mr. Holder himself. From what we learned on 9/11, accord- agencies and our intelligence agencies He gave a speech to the American ing to the 9/11 Commission, when we to try to make sure 9/11 never, ever Constitution Society in June of 2008 treat it safe, when we treat terrorism happened again. where he said, ‘‘We must close our de- as a criminal act alone, we invite fu- The Department of Justice, particu- tention center at Guantanamo Bay.’’ ture attacks against our country. larly in the Office of Legal Counsel, He said: For all these reasons, I oppose the was struggling with new efforts to try A great nation should not detain people, nomination. to figure out how to protect Americans military or civilian, in dark places beyond I ask unanimous consent that a let- from future attacks. I believe they the reach of law. Guantanamo Bay is an ter from a number of hunting groups, struggled in good faith to try to come international embarrassment. anglers, landowners, and conservation up with legal guidance for our Presi- He added that he never thought he groups in my State be printed in the dent, his administration, and the intel- would see the day where ‘‘The Supreme RECORD. ligence authorities to make sure they Court would have to order the Presi- There being no objection, the mate- were operating within the limits of the dent of the United States to treat de- rial was ordered to be printed in the law, which, of course, prohibits tor- tainees in accordance with the Geneva RECORD, as follows: ture. But I want to recount what Mr. Convention.’’ FEBRUARY 2, 2009. Holder said in January 2002, which is at Those sharply contrasting positions Hon. JOHN CORNYN, stark odds with what he has said now from 2002 to 2008 make me wonder if Hart Senate Office Bldg., in 2008. He said in January 2002 that this is the same person, the same Eric Washington, DC. Hon. KAY BAILEY HUTCHISON, captured al-Qaida terrorists ‘‘are not, Holder. Moreover, it makes me wonder Russell Senate Office Building, in fact, people entitled to the protec- what it is he truly believes. In 2008, Mr. Washington, DC. tion of the Geneva Conventions. They Holder, in a speech before the Amer- DEAR SENATORS CORNYN AND HUTCHISON: are not prisoners of war.’’ He went on ican Constitution Society, attacked The organizations listed above represent to endorse indefinite detention of ter- many of the positions he once held as hunters, anglers, landowners, conservation- rorists at Guantanamo Bay and argued ‘‘making a mockery of the rule of law.’’ ists, natural resource professionals and that such prisoners should not be af- In that speech he called for ‘‘a reck- many law abiding gun owners in Texas. oning’’ over the Bush administration’s These groups and individuals share a strong forded Geneva Convention protections interest in sustaining and protecting our so that they could be interrogated and ‘‘unlawful practices in the war on ter- current and future conservation initiatives, provide actionable intelligence that ror.’’ He also accused the Bush admin- our long standing hunting heritage, and en- could prevent future attacks. But more istration of ‘‘act[ing] in direct defiance suring our success to effectively manage recently, taking perhaps a more polit- of Federal law’’ and railed against Texas’ fish and wildlife resources. The listed ical or ideological bent, he chastised counterterrorism policies that he groups want to express their strong opposi- the Bush administration for policies he claimed ‘‘violate international law and tion to the approval of Eric Holder’s nomina- now seems to believe defy the law. the United States Constitution.’’ It is tion as Attorney General of the United States. I want to quote at length from an As- one thing to change your mind; it is Mr. Holder has consistently demonstrated sociated Press article entitled ‘‘Obama another thing to change your mind and opposition to our Second Amendment Rights AG pick defended Guantanamo policy,’’ attack the very position you once held and has argued against the individual right dated November 22, 2008. According to as one that could only be held in bad to keep and bear arms, as determined by the

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.028 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1257 U.S. Supreme Court in Washington, D.C. vs I yield to the Senator from Min- the importance of going after not only Heller. He has advocated for what we con- nesota. the big crimes but also the little sider extreme gun restrictions. We believe Ms. KLOBUCHAR. I thank the Sen- crimes. Eric Holder was a pioneer in that Mr. Holder, as a preeminent legal expert ator from Vermont. and outspoken advocate on stricter gun laws, this area when he was U.S. attorney would be in a particularly powerful position I rise today in support of Eric Holder and established a community prosecu- to implement bureaucratic measures and to be the next Attorney General of the tion initiative. It is built on the idea of create procedural mischief that would erode United States. community policing. It goes back to gun ownership rights. The next Attorney General will need the basics. The idea is instead of a We are forced to logically contend that in- to hit the ground running, from beefing prosecutor sitting in the office looking creased gun control will result in a direct re- up civil rights and antitrust enforce- at a bunch of files, none with any rela- duction in sales of firearms and ammunition ment to addressing white-collar crime leading to a reduction in Federal Aid funds tion to the neighborhood we are sup- available through the Sport Fish and Wild- and drug-related violence, to helping posed to protect, the prosecutor is as- life Restoration Act. This will mean a reduc- keep our country safe from terrorist signed to a certain area to work with tion in funding to financially support state attacks. As I told the Judiciary Com- the same police, to work with the same fish and game agencies across the nation and mittee last week when I voted in favor neighborhood groups. While there may specifically the Texas Parks and Wildlife De- of his nomination, Eric Holder is the be some crimes committed in the gov- partment in Texas, thus reducing our ability right man to do the job. He is the right ernment centers in this country, for to conserve our fish, wildlife and natural re- man to lead the Department of Justice sources. This is a critical issue for the the most part they are not. This idea of hunter, angler and conservation community. at this critical time. And most impor- community prosecution connects what While there seems to be a sense that Presi- tantly, coming from a State that had goes on in those four walls of the gov- dent Obama is still in a ‘‘honeymoon period’’ our own share of problems with a polit- ernment centers, in those four squares with his appointments that are being re- ical appointee put in place as U.S. At- of the centers to the neighborhoods out viewed by the Senate, this nomination clear- torney, he is the right man to get the in the field, to the people out in the ly must be thoroughly vetted and Mr. Hold- Department back on course, to put the field. When we did this in Hennepin er’s positions clearly exposed and chal- lenged. A lopsided vote without direct con- law first, when it comes to the Depart- County by assigning prosecutors by ge- frontation over these extreme gun control ment of Justice. ographic area to work directly with a positions would send the wrong message and First, as I look at the reasons why I set group of police and neighborhood certainly erode progress that has been made am supporting his confirmation, at a groups, we got better results for on Second Amendment issues and the indi- key time in our Nation’s history, liveability crimes. We got stronger sen- vidual right to keep and bear arms. where we deal with terrorist acts not tences, and we saw a 120-percent reduc- Thank you in advance for at the least contemplated in simpler times—from speaking out and highlighting these con- tion in crime. Again, Eric Holder, when cerns during the upcoming vote. America cyber battlefields to sophisticated he was U.S. Attorney in the District of must be on record that his actions and deci- crimes, from market manipulation to Columbia, which involves not just sions will be closely monitored, and we en- financial fraud—Eric Holder has a clear doing U.S. attorney type prosecution courage you to vote against the nomination command of the legal issues con- but also the bread-and-butter work of of Mr. Holder to clearly showcase these con- fronting our country. That was appar- prosecutions in the District because of cerns. ent in the discussions that took place its unique nature, he was one of the If you have any questions please contact during the nomination hearing. There Kirby Brown, Chairman of the Texas Out- pioneers for community prosecution. It door Partners. were a number of Senators, particu- shows his command and explains why Sincerely, larly those on the other side of the he has so much support from law en- Anglers Club of San Antonio; Dove aisle, who had some very good ques- forcement. Sportsmen’s Society; Exotic Wildlife tions. When you listened to the discus- I remember actually during this time Association; Gulf Coast Chapter of SCI; sion Eric Holder had with Senator KYL we had a visit—this is way back, years Houston Safari Club; Kayak Anglers regarding some of the ongoing foreign ago—from a Presidential candidate to Society of America; National Wild Tur- intelligence issues, from multipoint one of our suburban areas. I said to one key Foundation—Texas Chapter; Qual- wiretap authority to lone-wolf surveil- of the police officers: Do you want to ity Deer Management Association; Recreational Fishing Alliance—Texas; lance authority, it was obvious that meet this person? He said: Well, not Rocky Mountain Elk Foundation, Eric Holder knew what he was talking really. I want to know if Terry Froling Texas Chapter. about. He was convincing to Senator is here. She was our community pros- San Antonio Metropolitan League of KYL as they discussed this. The discus- ecutor we had assigned to that suburb Bass Clubs; Safari Club International, sions he had with Senators HATCH and of Bloomington, MN, whom he had got- Austin Chapter; Sensible Management FEINGOLD regarding executive power ten to know and respect. It brought of Aquatic Resources Team; Texas As- and congressional authority and the home to me again how important this sociation of Bass Clubs; Texas BASS important back and forth with Sen- program was. You can see the faith Federation Nation; Texas Black Bass Unlimited; Texas Chapter of The Wild- ators SESSIONS, GRAHAM, and FEINSTEIN that law enforcement has put on Eric life Society; Texas Deer Association; regarding terrorism cases, regarding Holder by the number of bipartisan en- Texas Dog Hunters Association; Texas the unique nature of those cases, re- dorsements he has received. You also Gulf Coast Stewards. garding the issues facing our agents see the endorsements of Republican-ap- TexasHuntFish.Com; Texas Organization and soldiers in the field and the pros- pointed prosecutors such as my law of Wildlife Management Associations; ecution of detainees, despite what we school classmate Jim Comey. That Texas Outdoor Council; Texas Quail recently heard from my colleague from means a lot to me, and it should mean Unlimited Chapters; Texas Sports- Texas, it is no surprise to me that after a lot to Members of the Senate. man’s Association; Texas State Rifle Association; Texas Trophy Hunters As- hearing Eric Holder’s command of the Third, Eric Holder is a humble person sociation; Texas Wildlife Association; law and the issues facing the country, who is willing to admit mistakes. From Wild Boar USA; Wildlife Habitat Fed- the vote on the committee was over- my brief 2 years here, we need a little eration. whelming. The vote was 17 to 2. So bit more of that in Washington. As a The PRESIDING OFFICER. The Sen- many of my Republican colleagues who former prosecutor, I am not a big fan of ator from Vermont. earlier had expressed concerns about pardons. I told this to Mr. Holder. But Mr. LEAHY. Madam President, I Eric Holder ended up supporting him anyone who has worked in the criminal know the distinguished senior Senator and voting for him and asking that he justice system, whether as a police of- from Minnesota, the distinguished only be the next Attorney General. ficer or prosecutor or a public defender Senator from Minnesota, seeks rec- The second reason I am glad to sup- or a judge, anyone who has worked in ognition, the newest member of the Ju- port Eric Holder is he is committed to the system for any length of time diciary Committee, an extraordinarily the bread-and-butter work of the Jus- knows that people make mistakes. For valued addition to the committee. We tice Department. As Chairman LEAHY 8 years, when I managed our office, I are especially happy whenever we have noted, before I came to the Senate I saw the gut-wrenching decisions—and I a former prosecutor come on the com- was a prosecutor for 8 years. I ran an had to make some myself—that the mittee. office of 400 people. I had some sense of people have to make on the frontline.

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.011 S02FEPT1 jbell on PROD1PC69 with SENATE S1258 CONGRESSIONAL RECORD — SENATE February 2, 2009 From the momentary decisions that fice in my State has brought home to and was labeled as a terrorist group by police officers need to make at a fast- me the importance of having an Attor- the FBI. Between 1974 and 1983, FALN moving crime scene, whether to shoot, ney General who puts the law and not claimed responsibility for more than whether to knock down a door, to the politics at the helm of the Department 120 bombings in the United States. decisions prosecutors need to make of Justice. As former Attorney General These bombings killed six people and about whether to call a certain witness Dick Thornburg said, Attorney General injured many more. or whether to plea down a case when for Presidents Reagan and George H.W. Mr. Holder overturned previous deni- the case is falling apart and they know Bush: als of clemency for these terrorists. their own hope to get someone off the The next Attorney General will need to re- The pardons were also opposed by two street they consider dangerous is to ac- store the image of the Department of Justice U.S. attorneys who prosecuted FALN cept that plea—those are the tough de- as a nonpartisan organization dedicated to cases, and by the FBI. According to the cisions that may not make good tele- the rule of law. Los Angeles Times, Mr. Holder even vision, but they are the true decisions I couldn’t agree more. We need to put overruled the Office of the Pardon At- that prosecutors need to make every justice and the law at the helm. I sup- torney at the Department of Justice. day. port the Holder nomination to be At- In fact, Mr. Holder never reached out If you want someone with experience torney General because I believe Eric to opponents of this clemency or one for this job, they are going to have Holder can steer this big ship and get it family of the victims. The son of a man made some decisions you don’t like or back on course and put justice at the killed in an FALN bombing first that I don’t like. There is absolutely no helm. learned about the pardons from reading doubt about it. People who are in this I yield the floor. the newspaper. field have to make literally dozens of The PRESIDING OFFICER (Mr. I am also very concerned about Mr. decisions a day. They are going to UDALL of New Mexico). The Senator Holder’s views on second amendment make some decisions you don’t like. from Kentucky. rights. During his confirmation hear- They will have made some mistakes. I Mr. BUNNING. Mr. President, I need ing before the Senate Judiciary Com- am glad they were discussed and about 7 or 8 minutes. mittee, he was consistently vague and brought up at the nomination hearing Mr. LEAHY. Mr. President, point of would not answer directly on questions and glad that so many of my com- inquiry. I certainly don’t want to regarding the second amendment. mittee colleagues actually took the interfere with the Senator from Ken- I find this to be unsettling and unsat- time to listen to the nominee. He ex- tucky, but I think Senator CORNYN had isfactory. However, past statements plained that one thing was a mistake, locked in a specific amount of time for and actions indicate a nominee who that he wouldn’t have made that deci- the Senator from Kentucky; am I cor- has shown hostility toward the right of sion if he had more information. He ad- rect? Americans to keep and bear arms. The mitted that, and we were able to ques- The PRESIDING OFFICER. That is Supreme Court decision last year in tion him at length. He explained some correct, 5 minutes. the Heller case reaffirmed that the sec- things that he still supported that they Mr. BUNNING. All right. I will not ond amendment is an individual right, didn’t agree with or that the times had argue with the Senator from Vermont. and Mr. Holder opposes this decision. changed and they had more informa- I rise today to discuss the nomina- He seems to hold the view that gun tion and there is reason they didn’t tion of Eric Holder to be U.S. Attorney possession is not a right, as the Heller agree with it now. Those discussions General. Unfortunately, I cannot sup- case confirmed, but more a privilege or were had and he was candid. port his nomination to this post. hobby that needs to be strictly regu- What we have learned from that com- While Mr. Holder certainly has the lated. mittee hearing is that in the end, so experience and credentials that one Mr. Holder is supportive of old ideas for gun control that have never proven many of my colleagues on both sides of would want to see as head of the De- to make people safer at the expense of the aisle looked at this man as a whole, partment of Justice, his judgment is taking away their rights. He has indi- and they decided that as a whole his lacking. As a Deputy Attorney General cated he will favor licensing and reg- experience, while there may have been in the Clinton administration, Mr. istering all gun owners, a policy I do flaws in his experience, led them to Holder approved several controversial not think will sit well with Americans. support him for this job, which leads to pardons. Lastly, the Attorney General of the First, I wish to mention the case of my last reason. United States is the Nation’s top law Eric Holder’s background is, first, as Marc Rich. At the close of the Clinton enforcement official. He cannot pick a prosecutor in the field. But just as administration, a pardon was issued for and choose which of our rights he will importantly, it is also as a sound, this infamous fugitive financier. Mr. defend and which ones he will overrun. solid, competent manager who is guid- Rich was charged in the early 1980s His views on the second amendment ed by justice, someone who will lead with 51 counts of tax fraud for evading make me very wary of his confirmation quietly but firmly, someone who will more than $48 million in taxes. to this great position he is being con- work to build the morale of a depart- He was also indicted for conducting sidered to be confirmed to. Coupled ment that has suffered for too long. As illegal oil deals with the Iranian Gov- with his handling of the Clinton era I mentioned, I saw it in my own State ernment at the time Iran was holding pardons, I think this nomination is when one bad decision made up on 52 U.S. citizens hostage. Mr. Rich then very worrisome. It is unfortunate, but I high, when the Attorney General was fled the country and allegedly re- cannot support this nominee. I will be Alberto Gonzales, putting an inexperi- nounced his U.S. citizenship to avoid voting against his confirmation, and I enced political appointee into the top extradition. This was enough to land urge my colleagues to do the same. spot of a gem of a U.S. Attorney’s Of- him on the FBI’s ‘‘Ten Most Wanted Thank you, Mr. President. fice in Minnesota, created absolute List.’’ The PRESIDING OFFICER. The Sen- havoc in our State and in that office. I Mr. Holder’s recommendation on this ator from Vermont. had worked with that office for years. pardon of Mr. Rich was ‘‘neutral, lean- Mr. LEAHY. Mr. President, seeing I know the people who work there. I ing favorable.’’ Accounts indicate he the Senator from California on the know how high quality they are. That did this without consulting the pros- floor, how much time would the Sen- one decision wreaked havoc in that of- ecutors handling the Rich case in the ator wish to have? fice. Thanks to General Mukasey, that Southern District of New York. His Mrs. FEINSTEIN. Mr. President, I do office is now steady. I appreciate how willingness to push this pardon ahead not believe I will use it, but if I might he consulted with me about the re- is troubling, to say the least. have 10 minutes. placement for that job. I also appre- The second questionable pardon in- Mr. LEAHY. Mr. President, I yield ciate how our State’s acting U.S. At- volving Mr. Holder concerns 16 mem- the distinguished senior Senator from torney Frank Magill has skillfully bers of the terrorist group, the Armed California 10 minutes. guided the office through a difficult Forces of National Liberation, better The PRESIDING OFFICER. The Sen- time and restored morale. But that ex- known as FALN. This radical group ator from California is recognized for perience with the U.S. Attorney’s Of- supports Puerto Rican independence 10 minutes.

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.031 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1259 Mrs. FEINSTEIN. Thank you very make or made. That is not the way the tion a couple things, and do this on the much, Mr. President. Attorney General should run what is a Democratic time. Mr. President, I respectfully strongly very large Department. There has been a lot of criticism of disagree with the distinguished Sen- This is a $25 billion agency. It has pardons and clemencies that former ator. over 100,000 employees. It is charged President Clinton granted. I would In my 16 years on the Judiciary Com- with fighting terrorism, stopping vio- note that it was not Eric Holder who mittee, I have never seen a more quali- lent crime, upholding our civil rights granted any of these clemencies or par- fied nominee. Mr. Holder has been a laws, and enforcing our civil liberties. dons. It was President Clinton. prosecutor in the Public Integrity Sec- As those of us on the Judiciary Com- Now, I know for the last 8 years, cer- tion of the Department of Justice; a mittee know well, the Department is tainly while the Republicans were in Superior Court judge for the District of badly in need of repair. charge, we would have one hearing, one Columbia; the U.S. attorney for the In January of 2007—as a matter of investigation after another about the District of Columbia; an attorney in fact, I remember it well—I came to the Clinton years, and it seemed to be kind private practice; and the Deputy Attor- floor, and I said someone, a Repub- of on automatic pilot. I heard a lot of ney General of the United States, the lican, had called me and said that on a outrage on the Republican side about No. 2 position in the Department. I do given day in December, seven U.S. at- pardons granted by President Clinton, not think you can beat these creden- torneys had been fired. Well, I checked, and I shared my disappointment in tials. and in fact that was correct. On De- some of those. I have heard them say Now, people find one two decisions cember 7, seven U.S. attorneys had people should have spoken out imme- out of a multiplicity of decisions Mr. been fired. What he also told me: It was diately. Well, many of us did. Holder has made with which they dis- all for the wrong reasons. And he said: But I was not able to find a single agree—and they are welcome to dis- Look into it. one who spoke out showing any out- agree—but that does not destroy his Under the leadership of the chairman rage a few months ago when Repub- value or his worth as Attorney Gen- of the committee, PAT LEAHY, we did lican President Bush gave a pass to eral. look into it. What we found was a trend Scooter Libby, Vice President Dick President Reagan first appointed in the middle of the term to essentially Cheney’s former Chief of Staff, who Holder to be a Superior Court judge, take certain U.S. attorneys and termi- commuted his prison sentence a very and President Clinton then named him nate them for one reason or another: short time before he was about to begin U.S. attorney and Deputy Attorney some, I believe, because they would not that sentence. That was an extraor- General. On all three occasions, he was bring a certain prosecution and some, I dinarily serious case that involved unanimously confirmed by the Senate. believe to this day, because they did leaking the name of a covert CIA oper- Today, his nomination is being bring a certain prosecution. ative for a political purpose, and the broadly supported by Members of both Last year, Inspector General Glenn decision to communicate that leak was parties. We have received letters from Fine released four separate reports doc- made by President Bush, despite objec- people such as the former FBI Director, umenting violations of civil service tions from the prosecutor, despite ob- Louis Freeh; former Deputy Attorneys laws and politicized hiring throughout jections from the victim, and despite General Jim Comey, Paul McNulty, the Department. Well, there is a big job objections from the public. I do not re- and Larry Thompson; former Solicitor to do, and it is going to be Mr. Holder’s call any Republicans objecting to General and Republican Ted Olsen; and duty to turn this Department around, President Bush’s decision. President George H.W. Bush’s Attorney to restore its credibility. Now, they say they are objecting to General, William Barr. This is a proud Department, and I be- something President Clinton did. I do Virtually every single law enforce- lieve Mr. Holder gave every one of us not want to suggest in any way that ment agency in the country has come on the committee confidence last the objections are partisan, but they out to endorse him: the Fraternal month when he stated this: certainly are not consistent. Order of Police, the National Associa- [T]he notion that the Justice Department I know Republicans set the standard tion of Attorneys General, the Attor- would ever take into account a person’s po- as to who should be Attorney General. neys General of over 30 States, the Na- litical affiliation or political beliefs in mak- They voted unanimously for Attorney tional Criminal Justice Association, ing [career] hiring decisions is antithetical General Alberto Gonzales. Afterwards, and on and on. to everything that the Department stands many quietly talked to the White He has unified support among the for. Now, that is a substantial commitment, House about getting rid of Attorney and those of us on the Judiciary Committee General Gonzales because he was not civil rights community: the NAACP, will be watching him carry it out. So I am the Asian-American Justice Center, delighted this new Attorney General—I be- up to par, but they were not going to the Mexican-American Legal Defense lieve will be confirmed at 6:15 tonight—will vote against him. Now we have some- and Educational Fund, and the Human restore the integrity and the professionalism body far more qualified, and the Repub- Rights Campaign. of this great Department. licans talk about voting against him. It is rare to see such bipartisan sup- In my view, despite differences on On the subject of the FALN, I should port for a candidate. In Mr. Holder’s certain judgments, there is no one—no not that we have already had many case, I believe it is very well deserved. one—more qualified to become Attor- hearings on this issue. I, for one, was He is a man of integrity, intelligence, ney General of the United States than critical of the commutations made by humility, and heart. Eric Holder, and I will proudly cast my President Clinton, but let’s look at the I remember our prior Attorney Gen- vote for him. record and let’s look at the facts. As eral, Mr. Gonzales, making the state- Thank you very much, Mr. President. Deputy Attorney General, Mr. Holder ment that he wore two hats. At the The PRESIDING OFFICER. The Sen- had no final decision-making power to time he said it, I did not realize what ator from Vermont. grant clemency or pardons. Mr. Hold- the implication was. He stated, and on Mr. LEAHY. Mr. President, how er’s memo to the White House made no the record, that he represented the much time is remaining on the Repub- recommendation on clemency for the President of the United States and he lican side, and how much time is re- prisoners. It simply provided the anal- represented the people of this Nation. maining on the Democratic side? ysis that is expected to be provided to Well, we saw in spades what a double- The PRESIDING OFFICER. The the White House with multiple options hatted Attorney General can do. We Democratic side has 31 minutes 40 sec- for each prisoner. None of the FALN saw the politicization of that Depart- onds, and the Republican side has 31 members offered clemency by Presi- ment. We saw the top people in the De- minutes 5 seconds. dent Clinton were present when indi- partment acting politically with ap- Mr. LEAHY. Mr. President, I thank viduals were killed or injured. The pris- pointments. We saw the diminution of the distinguished Presiding Officer. I oners who were offered clemency were the Civil Rights Division. We saw at do not see any Republicans in the released under strict supervision by least 9 U.S. attorneys terminated be- Chamber, although it would be their Federal probation authorities. None cause the administration did not agree turn to speak next on this confirma- have caused any future harm. The only with the decision they either refused to tion. While we are waiting, I will men- ones who were given clemency were

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.032 S02FEPT1 jbell on PROD1PC69 with SENATE S1260 CONGRESSIONAL RECORD — SENATE February 2, 2009 those who announced their willingness terrogation Program, Guantanamo to change since all this happened in the to renounce violence and had already Bay, various interrogation legislative past, was considered by the Senate and served from 17 to 19 years. This was not proposals, the applicability of the writ the House, we wrote a bill, and under a get-out-of-jail free card. of habeas corpus to terrorists, ren- which the Attorney General made a The clemency provided by President ditions, and media leak investigations. judgment based on those cir- Clinton was supported by various Mem- A few days later we had a second meet- cumstances. Mr. Holder didn’t give any bers of Congress; numerous religious, ing to discuss further the issues of specific examples of changed cir- human rights, labor, Hispanic, civic great concern to me and my position cumstances, but he planned to review and community groups; as well as on the Intelligence Committee, nota- the certifications to which he has not Archbishop Desmond Tutu, and other bly, the carrier liability provisions in had access if confirmed. Given that Nobel prize recipients. I would note the FISA Amendments Act and the those certifications are based upon rel- that many of the law enforcement propriety of investigating intelligence atively simple, classified facts, I am agencies and law enforcement officials officials who acted in good faith and certain he will reach the same legal who were critical of the FALN clem- with proper authorization in the con- conclusion as Attorney General encies given by former President Clin- duct of intelligence interrogations. Mukasey, and I am comfortable with ton are the same prosecutors who had There have been some confusing his thinking on the matter as he de- prosecuted those cases and who came press reports about my meetings with scribed it to me. forward and strongly and unequivo- Mr. Holder as well as statements from I cannot stress enough to my col- cally endorsed Eric Holder to be Attor- Senators who were not in attendance leagues and the American people the ney General of the United States. at those meetings about it. So now is importance of the carrier liability pro- So we can talk and talk and talk and probably a good time to set the record tection provisions in the FISA Amend- talk and talk and talk and set up dou- straight. ments Act. These provisions not only ble standards. The fact is, the people First, it should go without saying put an end to the frivolous lawsuits most knowledgeable about what hap- that neither Mr. Holder nor I made any brought against the carriers alleged to pened argued in favor of Eric Holder as pledges or promises with respect to his have participated in the terrorist sur- Attorney General. nomination. We met, rather, so that we veillance program, they also increase Mr. President, I reserve the remain- could share our perspectives on these the likelihood of future cooperation der of my time. very important issues. In those meet- with the intelligence community by The PRESIDING OFFICER. The Sen- ings, Mr. Holder provided me some ad- the carriers as the community strives ator from Missouri is recognized. ditional insight that assures me he and to keep us safe within the bounds of Mr. BOND. Mr. President, I rise the Department of Justice will be look- law. I also stressed the fact that Mr. today to support the nomination of ing forward to keeping the Nation safe. Holder is not read-in—or given access— Eric Holder for the position of Attor- I invite my colleagues’ attention to either to the terrorist surveillance pro- ney General of the United States. the following written assurance given gram or the interrogation program, so The PRESIDING OFFICER. The Sen- by Mr. Holder to Senator KYL about a it would not be advisable to make any ator from Missouri is recognized under week ago concerning the investigation definitive statements about either pro- the previous order for 10 minutes. of intelligence officials conducting in- gram without the pertinent facts, and Mr. BOND. I thank the Chair. terrogation activities. He said: he agreed with me on this point. My decision to support Mr. Holder’s Prosecutorial and investigative judgments I enjoyed my meetings with Mr. nomination does not come easily. Cer- must depend on the facts and no one is above Holder. While we did not agree on tainly, Mr. Holder has an outstanding the law. But where it is clear that a govern- every issue, I appreciated his stated reputation as a career prosecutor and ment agent has acted in responsible and good faith reliance on Justice Department legal willingness to keep an open mind until an effective litigator, and he has re- opinions’ authoritatively permitting his con- he has had a chance to review the clas- ceived strong support from prominent duct, I would find it difficult to justify com- sified facts involved in most of these government and former government of- mencing a full blown criminal investigation, intelligence issues. ficials on both sides of the aisle. How- let alone a prosecution. I found Mr. Holder to be a good lis- ever, I have been concerned about a During our meeting, Mr. Holder ex- tener, which is an important pre- number of aspects of Mr. Holder’s nom- panded on these remarks and explained requisite for any good leader. I believe ination. why he had reached that conclusion—a him when he says he is willing to take First, I have been deeply troubled by conclusion with which I happen to good ideas from wherever they come. Mr. Holder’s poor decisionmaking in agree. As his predecessor, General Mukasey, the case of the pardon of Mr. Rich and While his public answer to Senator he will, I believe, be an Attorney Gen- the FALN members. Also, I have been KYL and my main emphasis during our eral more interested in justice than in concerned about his past comments re- meetings focused on the intelligence politics. garding the second amendment, even officials who followed DOJ legal guid- Now, I understand a number of my after the Supreme Court rendered its ance and not on those who either wrote colleagues will not support Mr. Hold- pro-individual rights decision earlier that legal advice or authorized the in- er’s nomination. I respect their legiti- this year. Most notably, I have been telligence activities based upon such mate concerns about his unsatisfactory concerned about some of the comments advice, I told him—and I believe he un- performance in the Rich and FALN related to intelligence activities that derstood—that trying to prosecute pardons. I, too, have real problems in Mr. Holder made in past public speech- these lawyers or political leaders would these matters. Pardoning Marc Rich— es and during his recent confirmation generate a political firestorm. an international fugitive from justice— hearing. Besides interrogation, we focused was certainly a stain on the Presidency As vice chairman of the Intelligence during both meetings on the issue of and Mr. Holder’s record. Mr. Holder Committee, I want to ensure that the carrier liability protection under the told me, as he said publicly, that his intelligence community has the tools FISA Amendments Act. During Mr. role was a mistake he regrets. I believe it needs to protect the country, and I Holder’s confirmation hearing, Senator he genuinely knows what he did was want to make sure we will have an At- HATCH asked him whether he would wrong and would not do such a thing torney General in place who will help honor the carrier liability certifi- again. Similarly, I suppressed my con- keep America safe. cations issued by Attorney General cerns to Mr. Holder regarding his role In an effort to gain some clarity on Mukasey. Mr. Holder answered that he with the Puerto Rican FALN group. I Mr. Holder’s current thinking on these believed he would honor those certifi- disagree with him that granting clem- issues and concerns, he met with me cations unless circumstances changed. ency to such people even after the time privately to discuss them. We dis- I have asked Mr. Holder if he could they served could ever be appropriate, cussed, for example, the President’s explain the ‘‘changed circumstances’’ but he has told me that regardless of Terrorist Surveillance Program, the which would cause him to withdraw whether we agree that it was accept- FISA Amendments Act, the intel- the existing certifications, noting that able in a pre-9/11 world; he would not ligence community’s Detention and In- it would be difficult for circumstances view similar future requests in the

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.034 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1261 same manner in our post-9/11 world. In ward to try to be helpful to express loved Department of Justice, where I that respect, I believe Mr. Holder fully their concern and their dismay about spent 15 years as a prosecutor. It is supports an aggressive stand against what was allowed to happen to this something I respect highly. We do need terrorists today. I am hopeful he has great Department. From all of my ex- to eliminate politics from that office. learned important lessons from these perience with the—I guess you could Some of the nominees coming up dis- events. call them group of friends at the De- turb me, and the pattern of them is dis- When confirmed, Mr. Holder will be partment of Justice, people who served turbing. One is Elena Kagan, nomi- taking over the Department of Justice there and who have great affection for nated for the Solicitor General. While that is stacked with legal talent. I wish that Department, they view Eric Hold- dean of the Harvard Law School, she to take a moment to note that the Na- er as a special person who has a unique barred the U.S. military from coming tion owes a great debt of gratitude to capacity to fight for the principles the on campus as long as she could success- the Department of Justice. During the Department has long prided itself on: fully get away with it. She actually past several years, we have worked independence, talent, pure legal anal- filed a brief in the Supreme Court when very closely with the Department on ysis, and courage. I think it is going to the Congress got so fed up with the many important pieces of national se- be very reassuring for the friends and idea that American universities would curity legislation, including the PA- family of the Department of Justice not allow the U.S. military to come on TRIOT Act, the Intelligence Reform who have been so concerned about campus to ask students if they would and Terrorism Prevention Act, the 9/11 what has happened to it in the last few like to be a part of the American mili- Recommendations Implementation months to have this man now in tary. She led the fight with an appeal Act, the USA Patriot Improvement and charge. There will be a huge sigh of re- all the way to the Supreme Court to re- Reauthorization Act, the Protect lief. I compliment my colleagues on verse the Solomon amendment, which America Act, and of course, the FISA the bipartisan way in which this has would require colleges and universities Amendments Act. I am very grateful gone forward. Clearly, there were con- to either allow the military on campus for the dedicated efforts of the Na- cerns early on and they were addressed or get no Federal funds. She led that tional Security Division, the Office of fairly. This is a nomination that passed battle. It was voted down in the Su- Legal Policy, the Office of Legal Coun- out of the Judiciary Committee 17 to 2, preme Court 8 to 0, as well it should sel, and the FBI in assisting us with which, in a highly partisan environ- have been. these various legislative matters. I also ment in Washington, is as close to a The PRESIDING OFFICER. The commend those on the frontline for perfect score as I think you are going Chair advises the Senator that 3 min- their untiring service and efforts to to get. It continues to receive broad utes has elapsed. keep us safe from the many and diverse support from both sides of the aisle on Mr. SESSIONS. Mr. President, I ask threats against our national security the floor. I know many people who are unanimous consent for 1 more minute. while ensuring that our civil liberties significant in the history of the De- The PRESIDING OFFICER. Is there are protected. I expect that Mr. Holder partment of Justice have spoken in objection? and the Department of Justice will support of Eric Holder, including Mr. LEAHY. On the Republican time? continue this tradition, and I look for- former Attorneys General Barr and Mr. SESSIONS. Yes. ward to working with Mr. Holder close- Jim Comer, two of the most distin- The PRESIDING OFFICER. Without ly on PATRIOT Act sunset issues and guished people who have done so. objection, it is so ordered. other important national security mat- Without further ado, I will yield the Mr. SESSIONS. Dawn Johnsen, nomi- floor so my friend, Senator SESSIONS, ters during this Congress to protect nated to be assistant Attorney General can speak. I think this is a great mo- our Nation. for the Office of Legal Counsel, was the Mr. President, I yield the floor. ment of opportunity for the country legal director for NARAL, the National The PRESIDING OFFICER. The Sen- and the Department of Justice. I hope Abortion Rights Action League, one of ator from Rhode Island is recognized. we can confirm Eric Holder to be At- the most aggressive—probably the Mr. WHITEHOUSE. Mr. President, I torney General with a very strong most aggressive—pro-abortion group in thank the Chair, and I thank the dis- number when we get to the vote. the country. tinguished vice chairman of the Intel- I yield the floor. David Ogden, nominated for Deputy The PRESIDING OFFICER. Under ligence Committee for his words. It is a Attorney General, represented the the previous order, the Senator from pleasure to work with him on the com- murder defendants in Roper v. Sim- Alabama is recognized for 5 minutes. mittee. I think we are both looking for- Mr. SESSIONS. Mr. President, I ask mons, which led to the unprincipled de- ward to a new relationship with the to be notified when I have used 3 min- cision about defendants and the death Department of Justice under a new At- utes. penalty. torney General. The PRESIDING OFFICER. The Thomas Perrelli, who represented Mi- I see my friend and colleague, Sen- Chair will do so. chael Schiavo in the Terry Schiavo ator SESSIONS, here waiting to speak, Mr. SESSIONS. Mr. President, Sen- case, is nominated for Associate Attor- so I just wanted to make two quick ator WHITEHOUSE and I both served as ney General, third in command. points. The first is that this is a man of U.S. attorneys. Eric Holder also served D. Anthony West, who is nominated really exceptional experience. Our dis- as a Federal judge supervising prosecu- for Assistant Attorney General for tinguished Presiding Officer—who I tions and tried cases in the District of Civil Division, represented John Walk- don’t think can be seen on the tele- Columbia as a U.S. attorney. He served er Lindh, the American Taliban who vision right now—is the distinguished 4 years as Deputy Attorney General has been prosecuted and convicted. Senator UDALL from New Mexico who and did many good things during that We are heading into problems on was an Attorney General himself. He time. He also made several serious er- some other nominations. We do not understands the value of experience in rors, which I think and believe he has need the Department of Justice to be- these jobs. This is a man who has been understood. He has committed not to come a liberal bastion. It needs to be a U.S. attorney, who has been a Fed- make them again. He was influenced by the cornerstone of defending Ameri- eral judge, who has been the Deputy the President, President Clinton, to do cans and our safety. Attorney General of the United the pardons, and he should not have I yield the floor and reserve the re- States—the No. 2 position in this De- been influenced. I note that he moved mainder of our time. partment, and who, by all standards, away from that area of judge, pros- The PRESIDING OFFICER. Who has acquitted himself with remarkable ecutor, and was active in the Kerry and yields time? distinction during the course of his Obama presidential campaigns. I have Mr. ISAKSON. Mr. President, I ask tenure in those three positions. talked to him, and I believe he will be to be recognized for up to 2 minutes of It is also noteworthy that the De- a responsible legal officer and not a the Republican time. partment of Justice has fallen on very politician as the Attorney General. I The PRESIDING OFFICER. The Sen- hard times recently. People from both intend to support him. ator is recognized. sides of the aisle from recent and dis- I want to take a minute to express a Mr. ISAKSON. Mr. President, I will tant administrations have come for- growing concern I have about my be- vote today for Eric Holder. I want to

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.035 S02FEPT1 jbell on PROD1PC69 with SENATE S1262 CONGRESSIONAL RECORD — SENATE February 2, 2009 tell this body why. When he was first that hold was finally lifted, lo and be- under any situation. He didn’t equivo- nominated, I had concerns—second hold, nobody voted against him. He was cate. We know when we need to restore amendment concerns and Guantanamo again unanimously confirmed. the strength of the Civil Rights Divi- interrogation concerns, and about I see the distinguished Senator from sion in the Department of Justice, he some of the releases that had taken Maryland, one of the most valuable said he would do that. He clearly will place while he was a deputy U.S. attor- members of the Judiciary Committee, restore to the Department of Justice ney. There are three main reasons I am on the floor of the Senate. How much the priorities that are most important going to support this nomination. One, time would the Senator like? for the Department of Justice. when I called him, he was the most Mr. CARDIN. About 5 minutes. Let me point out, in short, Eric Hold- forthright, most candid of all the peo- Mr. LEAHY. I yield 5 minutes to the er will restore the reputation of the ple who have been appointed by the Senator from Maryland. Department of Justice, and he will re- President, and I appreciate very much The PRESIDING OFFICER. The Sen- tain and recruit the very best legal the time he took. ator from Maryland is recognized. minds to represent the interests of all On the second amendment, he may Mr. CARDIN. Mr. President, first, I of the people of our Nation. I strongly have had interpretations more strict thank the Senator from Vermont, the endorse his confirmation and urge my than mine, but he interpreted the Su- chairman of the Judiciary Committee, colleagues to do that. With that, I preme Court to be the law of the land, for his work regarding the Eric Holder yield the floor. and he would enforce the Supreme nomination. I think the confirmation The PRESIDING OFFICER. Under the previous order, the Senator from Court, which has clearly determined process has been very fair. I must point Texas is recognized for 5 minutes. that the second amendment is an indi- out that when then-President-elect Obama indicated that his choice for At- Mrs. HUTCHISON. Mr. President, I vidual right. rise to speak on the nomination of Eric Secondly, on Guantanamo, he ac- torney General would be Eric Holder, I Holder for the position of Attorney knowledged that those who had done was very excited and supportive of his selection. General of the United States. We place interrogations had done so under the enormous trust in the nominee for this authority of the Department of Jus- The confirmation process of the chairman of the Judiciary Committee position to not only enforce the laws of tice, and the Department of Justice our land but also to advise the Presi- has been conducted in a very fair and could not undo what it had done. I re- dent on legal and constitutional mat- open manner. It has only made my sup- spected that. ters. One of the important freedoms port for Eric Holder more strong. The Third, a great U.S. attorney general that we have in the Constitution is the documents made available to the com- from Georgia by the name of Griffin right to keep and bear arms, guaran- Bell, who died 2 weeks ago, under mittee and the letters we have received teed to us in the second amendment of Jimmy Carter, sang Eric Holder’s from interested parties—many from the Constitution. Many jurisdictions praises. Also, Larry Thompson of Geor- those who have served in the Depart- around our country do not have the gia, deputy U.S. attorney under John ment of Justice under Republican ad- ability to own a gun, and there are re- Ashcroft—when I called him to ask ministrations—have all strongly en- strictions in jurisdictions all over our about Holder, he said he was as good a dorsed Eric Holder to be the next At- country for the use of a gun. Nowhere lawyer and as fine and forthright a torney General of the United States. is it more strict than in Washington, man as he knew. With those endorse- I am convinced he is the right person DC. ments and his candid answers to my at the right time for many reasons. In 1976, in Washington, DC, the City questions, I will vote for his confirma- First, his experience; he brings a Council passed the toughest gun con- tion in the Senate. wealth of experience to the position of trol laws in the Nation, banning hand- I yield back the remainder of my Attorney General. He was a former guns and requiring rifles and shotguns time. judge and a former U.S. attorney. He to be registered, stored unloaded, and The PRESIDING OFFICER. Who has been in the Office of the Attorney either locked or disassembled. These yields time? General in the Department of Justice, were the most restrictive laws in our Mr. LEAHY. Mr. President, I thank and he has been a private attorney. He Nation regarding gun ownership. I the distinguished Senator from Geor- brings a sense of independence that we thought they were not only incompre- gia, and I appreciate his support. I un- need in the Office of the Attorney Gen- hensible but certainly unconstitu- derstood there were going to be other eral. He must be the Attorney General tional. Senators from this side coming to for the people of this country. He I introduced a bill with a number of speak. I note that the time is running, doesn’t serve one person or just the my colleagues to repeal these prohibi- and they will lose their time if they do President; he serves all Americans. We tive measures. not come to speak soon. I also add, need an Attorney General who is going This prohibition, however, was chal- while we are waiting, that I have had a to be independent and willing to stand lenged in court before my bill could get special and significant interest in the for what is right; stand up to a Cabinet through Congress, and the DC Circuit Department of Justice from the time I Secretary or even the President with Court of Appeals agreed that the Dis- was a law student. I watched so many independent advice as to what the law trict’s ban was unconstitutional. attorneys general who have served at states. When the District appealed to the the Justice Department, some have We are a nation of laws. The rule of Supreme Court, I filed an amicus brief been very good, but many have not. law is extremely important. Eric Hold- with our colleague JON TESTER that There is nobody—certainly, since I er, throughout his career, has dem- was supported by 53 Senators and 250 Members of the House of Representa- have been old enough to vote—who has onstrated that independence. I will tives. This was on the interpretation of been Attorney General with the poten- give you one example. When Ken Starr, the second amendment as preserving tial to be as great an Attorney General who was investigating former Presi- an individual right to keep and bear as Eric Holder. dent Bill Clinton, wanted to expand his firearms. Our brief contained the most Like others in the Senate, I sup- investigation of the President, it was congressional signatures on any ami- ported him when President Reagan up to Eric Holder to make that rec- cus brief ever in the history of our nominated him for a judgeship, and he ommendation, and he made that rec- country. was unanimously confirmed. With ommendation in favor of the Inde- In another amicus brief in this same many others in the Senate, I supported pendent Counsel. So he has shown his district court opinion that was ap- him when he was nominated to be a ability to do what is right, even if it is pealed to the Supreme Court, the nomi- U.S. Attorney. He was unanimously not popular to the person who ap- nee before us, Mr. Holder, along with 12 confirmed. I also supported him when pointed him, the President. other former Justice Department offi- he was nominated to be Deputy Attor- Secondly, I believe Eric Holder will cials, argued in favor of the gun ban in ney General and for weeks he was held restore the right priorities for the good Washington, DC. His brief stated: up on the floor by an anonymous hold. of justice. When asked about torture, The second amendment does not protect For some reason, there was an anony- without any equivocation he said tor- firearms possession or use that is unrelated mous hold against Eric Holder. When ture is illegal and cannot be accepted to participation in a well-regulated militia.

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.036 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1263 Fortunately, on June 2, 2008, the Su- people would surely shake off the yoke of in the White House. They got in the preme Court affirmed the intent of the tyranny, as America did. habit of putting partisan politics be- Founders: that the right to bear arms Later on, President Madison ex- fore the process principles the Con- is an individual right protected by the plained: stitution requires. I am not going to do Constitution. This was a major ruling The Constitution preserves the advantage that. I am going to apply the same on the second amendment because of being armed, which Americans possess standard to President Obama’s nomi- local governments that seek gun con- over the people of almost every other nation nees that I argued should have been ap- trol measures have made the argument where the governments are afraid to trust plied to President Bush’s nominees. In that Mr. Holder made in his brief. That the people with arms. doing that, I believe the right standard is the basis for gun control ordinances The right to bear arms should not be must be applied to the whole record. and laws around our country. an issue in the United States. The Con- The record includes the fact that Mr. The ruling in the DC case was a vic- stitution is clear, and the Supreme Holder has been nominated three times tory for the rights of all Americans to Court has spoken. Our Second Amend- before, by both Republican and Demo- protect themselves and their families. ment right ensures that our people cratic Presidents, and he has been con- The Supreme Court sent a clear mes- have the ability to secure all of our firmed three times before, by both Re- sage that the law of the land, the indi- rights and defend them, if necessary, publican and Democratic Senates. vidual right to keep and bear arms, from government suppression. It is this Those confirmations were by voice cannot be unreasonably infringed. right that a government of the people, vote, by unanimous consent, and by a The Founding Fathers knew what by the people, and for the people must rollcall vote of 100 to 0. Not one mem- they were doing when they put the never extinguish. ber of this body voted against Mr. right to keep and bear arms in the Con- I believe that Eric Holder, from ev- Holder as he was appointed to be a stitution. They knew from their experi- erything I have read, is an intelligent, judge on District of Columbia Superior ence in the Revolutionary War that a experienced, and thoughtful candidate Court, U.S. Attorney for the District, free people must have the right to pos- to be the U.S. Attorney General. But and Deputy Attorney General. sess and bear arms. In 1775, the Amer- after examination of Mr. Holder’s pub- I think it also matters that the Judi- ican Revolution started because ordi- lic statements and positions on gun ciary Committee last week voted 17 to nary farmers decided to fight back rights, I cannot in good conscience sup- 2 to approve Mr. Holder’s current nomi- against foreign tyranny. Many in port his nomination for the office of nation. George Washington’s regiments used Attorney General, and I, therefore, will Another part of the record is the their own guns. vote no. breadth of support Mr. Holder has re- I was alarmed to learn that while Mr. President, I yield the floor. I sug- ceived. This includes the entire law en- serving as Deputy Attorney General in gest the absence of a quorum. forcement community. The cops on the the Clinton administration, Mr. Holder The PRESIDING OFFICER. Without beat and the chiefs of police, the troop- said in an appearance on ABC’s ‘‘This objection, it is so ordered. The clerk ers and the sheriffs, the district attor- Week’’ that the second amendment will call the roll. neys, the Federal prosecutors, and the ‘‘talks about bearing guns in a well- The assistant legislative clerk pro- State attorneys general, all of these regulated militia. And I don’t think ceeded to call the roll. and more support Mr. Holder. Advo- anywhere it talks about an indi- Mr. HATCH. Mr. President, I ask cates for crime victims also support vidual.’’ unanimous consent that the order for Mr. Holder. These include my friend This interpretation, while interesting the quorum call be rescinded. in academic circles, is not mainstream, John Walsh, Mothers Against Drunk The PRESIDING OFFICER. Without Driving, the National Center for Miss- nor is it reflective of public opinion. objection, it is so ordered. Indeed, in our brief that we filed, we ing & Exploited Children, and the Na- Mr. HATCH. Mr. President, I support tional Association for Victims of cited every congressional action that the nominee. I have known him for a has happened throughout the history of Crime. This really matters to me. long time. We differ on many issues, These organizations examined Mr. our country that affirmed that Con- but he is a qualified person, and he is a Holder’s qualifications, his record of gress believes the second amendment is good man. He has the necessary profes- public service, and concluded that he an individual right. sional qualifications to do this job. I Mr. President, I ask unanimous con- would make a good Attorney General. personally believe we ought to support Does that mean we should, therefore, sent for an additional 5 minutes. the President and his choice of Cabinet The PRESIDING OFFICER. Is there set aside our own review and automati- officials if there are no other disquali- objection? cally support him? Of course not, but it Mr. LEAHY. Mr. President, I have no fying factors, such as ethics or crimi- is part of the whole record and, I be- objection, but it will have to come nal activity or something serious. I lieve, an important part. from the Republican side, of course. have a friendship with the nominee. I have served in this body and on the The PRESIDING OFFICER. Without In fulfilling my responsibility in the Judiciary Committee for more than 32 objection, it is so ordered. confirmation process, I try to apply the years and do not remember when the Mrs. HUTCHISON. Mr. President, the right standard to the whole record law enforcement and victims commu- Framers did not intend for this right to about a nominee. The right standard nities have been this united in support be collective. If that was their purpose, comes from the Constitution, which of an Attorney General nominee. it would have been satisfied with arti- gives the appointment power to the And the record also includes support cle I, section 8 of the Constitution, President, not to the Senate. for Mr. Holder from many legal experts which gives Congress the power ‘‘to Elections have consequences, and and past Justice Department officials provide for calling forth the Militia to Presidents must be given significant with high standing in conservative and execute the Laws of the Union, sup- latitude when choosing members of Republican circles. press insurrections and repel Inva- their own Cabinet. Differences on Former Solicitor General Ted Olson sions.’’ issues or whether I would have nomi- says that Mr. Holder will be a strong, The Framers went further than that. nated the individual are not alone courageous leader who is both a good They wanted to ensure that gun owner- enough to overcome that latitude. I manager and a good listener. ship was recognized by posterity as an have always argued for this standard Former Acting Attorney General individual right. They put it in the Bill no matter which party controlled ei- Stuart Gerson and Former Deputy At- of Rights for that purpose. It is a com- ther the Senate or the executive torney General George Terwilliger pilation of individual rights of free branch. The Senate checks the Presi- write that Mr. Holder is an extraor- speech, freedom of religion, a fair trial, dent’s appointment power, but it may dinary lawyer and an even better per- and the right to keep and bear arms. not highjack it. son. The Framers looked at the govern- I realize that my friends on the other Former Deputy Attorney General ments of Europe. James Madison said: side of the aisle have at times applied Larry Thompson says that Mr. Holder The governments of Europe are afraid to a different standard, a much more par- will be principled, pragmatic, fair, and trust the people with arms. If they did, the tisan standard, when a Republican was tough.

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.038 S02FEPT1 jbell on PROD1PC69 with SENATE S1264 CONGRESSIONAL RECORD — SENATE February 2, 2009 Former Congressman and Federal Constitution but refuse to fully ac- more attention on those past mistakes prosecutor Asa Hatchinson writes that knowledge those that are right there in and, I hope, will make Mr. Holder even Mr. Holder will be the kind of Attorney plain sight. Mr. Holder has argued that more diligent in his duties ahead. General who puts the law first and po- the second amendment protects only a I know Eric Holder. My own experi- litical considerations second. collective right related to service in an ence and knowledge of his record and And recent Assistant Attorney Gen- organized militia rather than an indi- the testimony of so many others whose eral Kenneth Wainstein, who headed vidual right of citizens. He took this judgment I respect confirms that he is the Justice Department’s National Se- position as Deputy Attorney General a man of ability, experience, and integ- curity Division, says that Mr. Holder is during the Clinton administration and rity. a man of integrity, a strong proponent since then as a private citizen, most re- The issues and concerns I have of law and order, and more concerned cently before the Supreme Court in the raised, while not enough to overcome with justice than with politics. case titled District of Columbia v. Hell- the deference the Constitution re- That is high praise from very good er. quires, do identify areas for work in company. I believe Mr. Holder is wrong and the the future and I hope, when confirmed, This does not mean that I have no Supreme Court rejected Mr. Holder’s Mr. Holder will work with both Repub- concerns about Mr. Holder or do not in- position in Heller, ruling definitively licans and Democrats on these impor- tend to be vigilant about what the Jus- that the second amendment protects tant issues. tice Department will be doing in the an individual right. Applying the right standard to the months and years ahead. I hope, for ex- Mr. Holder has also in the past advo- whole record leads me to support Eric ample, that Mr. Holder will continue cated some restrictive gun control pro- Holder to become the next Attorney some critical initiatives begun in the posals that I oppose and which I believe General of the United States. last several years, such as the protec- would likely be unconstitutional under I reserve the remainder of our time. tion of religious liberty and the pros- Heller. The PRESIDING OFFICER (Mr. WAR- ecution of human trafficking. These I asked Mr. Holder about the second NER). Who yields time? If no side yields initiatives were part of the work of the amendment and gun control during his time, the time will be charged equally Civil Rights Division, which was led at hearing and in follow-up written ques- to both sides. the end of the Bush administration by tions. He acknowledged his duty to en- The Senator from Vermont is recog- Grace Chung Becker, who earlier force the Constitution as interpreted in nized. served on my Judiciary Committee Heller. He said he would respect the Mr. LEAHY. Mr. President, I was staff. right to keep and bear arms as articu- withholding saying anything because I Religious liberty is the first freedom lated by the Supreme Court in Heller, thought there were other Republicans protected by the first amendment. that is, as an individual constitutional coming to speak. I see none. Human trafficking is, to put it bluntly, right. During the three different times I modern-day slavery. Upholding human I note that the Senate voted 100 to 0 have been chairman of the Senate Judi- dignity and freedom requires both pro- in July 1997 to allow Mr. Holder to ciary Committee, I have presided over tecting the one and prosecuting the serve as deputy to an Attorney General the confirmations of three Attorneys other. who was no friend of the second amend- General. In my 35 years in the Senate, I also am concerned that enforce- ment. That was before the Supreme I have voted on many more. No nomi- ment of Federal laws regarding child Court ruled that the right to keep and nation for Attorney General has filled pornography and adult obscenity will bear arms is an individual right, a rul- me with greater pride than this one, suffer and the exploitation and corro- ing Mr. Holder has a duty to follow. and it is time for the Senate to com- sion that this material causes for indi- If confirmed, Mr. Holder will take an plete its consideration of President viduals, families, and communities will oath before God to support and defend Obama’s historic nomination of Eric worsen. This is a completely non- the Constitution. So while I disagree Holder to be Attorney General of the partisan issue for me. I was no fan of with his past positions on the second United States. the Bush administration’s enforcement amendment and gun control, I believe In an article I co-authored with the of the obscenity laws and said so in and expect that he will take his duty Judiciary Committee ranking member, both confirmation and oversight hear- and his oath seriously. Senator SPECTER, before last Novem- ings. I am also troubled by Mr. Holder’s ber’s election, we wrote—and we were The record of the Clinton administra- role, while he served as Deputy Attor- writing to whomever would be Presi- tion, in which Mr. Holder served, was ney General, in the process resulting in dent: even worse. On November 4, 1993, this President Clinton’s clemency for Puer- The Attorney General’s duty is to uphold body voted 100 to 0 to condemn the Jus- to Rican terrorists and his pardon for the Constitution and the rule of law, not to tice Department’s attempt to adopt a international fugitive Marc Rich. In circumvent them. novel, weak interpretation of the Fed- 1999, I joined 94 other Senators in vot- We wrote further: eral child pornography statute. The ing to deplore the clemency for the The President and the American people are Justice Department had used this dis- FALN terrorists. Needless to say, I dis- best served by an Attorney General who tortion of the law to ask the U.S. Court agree with Mr. Holder’s statement at gives sound advice and takes responsible ac- of Appeals to overturn a child pornog- his hearing that he still believes his tion, rather than one who develops legalistic rapher’s conviction. This body rarely support of that clemency was reason- loopholes to serve the partisan ends of a par- votes 100 to 0 on anything, but we able. ticular administration. voted to condemn the Justice Depart- I agree with former FBI Director We could not have made that job de- ment’s action. Louis Freeh who said at Mr. Holder’s scription better for anyone than Eric I know that was in the first Clinton confirmation hearing on January 16 Holder. That is what kind of an Attor- term, and Mr. Holder did not serve as that the pardon of Marc Rich, which ney General he will be. Deputy Attorney General until the sec- happened after avoiding the Justice It was seven score and four years ago ond term. But that is the record of the Department’s evaluation process alto- that this Nation answered the funda- Justice Department in which he pre- gether, was a corrupt act. Mr. Holder, mental question President Lincoln viously served, and I hope that the however, made neither of those deci- posed in his Gettysburg Address, and record of the Justice Department he sions. President Clinton did. the world learned that liberty, equal- will now lead will be much different. Mr. Holder has acknowledged mis- ity, and democracy could serve as the Another significant issue which I takes and said he has learned from foundation for this great and united raised at Hr. Holder’s confirmation them. Nation. hearing is the right to keep and bear I believe that his actions and deci- The American people have had cause arms, guaranteed by the second amend- sions in the process leading to those and occasion to reflect during the past ment to the Constitution. It continues decisions reflect bad judgment but not several weeks about our great country. to baffle me how people can claim to corrupt character. This confirmation The inauguration of our new President see unwritten rights in our written process has certainly focused even was two weeks ago tomorrow, and two

VerDate Nov 24 2008 01:27 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.012 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1265 weeks ago today was the holiday our confirmation. In this instance, I think Mr. President, I ask my distinguished country has set aside to celebrate and they will be on the wrong side of his- colleague, the chairman, if nobody rededicate ourselves to the cause of tory. I believe that when we take a wants his time, if I might use 5 min- freedom and equality. step back and look at the big picture utes of it. Three and a half weeks ago, the day and the best interests of the country, Mr. LEAHY. I intend to use the rest of Mr. Holder’s hearing, was the 80th Eric Holder is someone who deserves of my time. If you want another anniversary of the birthday of the ex- our support and merits our votes. In minute or two, I will give you two min- traordinary man for whom that holi- order to serve effectively as Attorney utes of my time, but then I intend to day is named. With this confirmation, General he will also need our help. The use the rest of it. we take another step up the path to- challenges are too great not to join to- Mr. SPECTER. I yield the floor. ward the time Dr. King foresaw when gether to confirm Mr. Holder and pro- Mr. LEAHY. How much time re- people are judged by the content of ceed promptly to consider the entire mains, Mr. President? their character. Eric Holder has the Justice Department leadership team The PRESIDING OFFICER. Eight character to serve as the Attorney that President Obama has selected. minutes. General of the United States. He passes I urge all Senators to join together Mr. LEAHY. How much time remains any fair confirmation standard. to do what is right and approve this ex- for the Republicans? America’s diversity when drawn to- traordinary public servant to the crit- The PRESIDING OFFICER. That gether is the source of our Nation’s ical post for which President Obama time has expired. strength and resilience. Americans has nominated him. Go on the right Mr. LEAHY. Would the Senator like have to be able to trust their Justice side of history and vote for Eric H. 2 minutes of my remaining time? Department. That trust must not be Holder, Jr. to be the 82nd Attorney Mr. SPECTER. Mr. President, 2 min- squandered or taken for granted. We General of the United States. utes won’t do me any good. The chair- need leaders who are prepared to take Mr. President, I yield the floor, and I man wants his time; he has it. up the laboring oars of a Justice De- reserve the remainder of my time. partment whose dedicated law enforce- The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I have a ment professionals have been misused ator from Pennsylvania. feeling we are all going to be spending and even demoralized. Eric Holder is Mr. SPECTER. Mr. President, we are hours talking about the stimulus pack- such a leader. due to vote at 6:15. I believe everybody age. Right now, I am more concerned With this confirmation, we mark the has spoken for Mr. Holder who chooses, to talk about the Holder nomination. distance from when an Attorney Gen- so I ask unanimous consent to be per- I have heard a great deal about the eral of the United States did not be- mitted to use the remaining time to second amendment. I couldn’t help but lieve that the Constitution of the talk about the stimulus package. think during the hearing, when he was United States allowed an African The PRESIDING OFFICER. Without asked about the second amendment American to be considered a citizen of objection, it is so ordered. and how he would support the rights of the United States to an Attorney Gen- Mr. LEAHY. Mr. President, reserving those who are gun owners, and I looked eral who knows that the Constitution the right to object, the Senator wants down at some of those asking from the is our country’s great charter of free- to use the rest of the Republican time; different States. I looked at the States dom and equality for all people. is that what you meant? that are represented on the Senate Ju- It was former Attorney General, Mr. SPECTER. Well, unless— diciary Committee—Wisconsin, Cali- Roger Taney, who wrote the Supreme Mr. LEAHY. How much time remains fornia, New York, Illinois, Maryland, Court’s Dred Scott decision denying the on both sides, Mr. President? Rhode Island, Oregon, Minnesota, Dela- humanity of slaves, former slaves, and The PRESIDING OFFICER. The mi- ware, Pennsylvania, Utah, Iowa, Ari- free people. It is perhaps the worst nority has 1 minute 45 seconds; the ma- zona, Alabama, South Carolina, Texas, legal opinion ever rendered in this jority has 8 minutes 25 seconds. and Oklahoma, as well as the State of country. That is not what the Con- Mr. LEAHY. I reserve the remainder Vermont. There is only one of those stitution said, and it is not the promise of my time. States that does not have restrictive of America. The PRESIDING OFFICER. The Sen- gun laws—the State of Vermont. We do Today, each one of us, acting pursu- ator from Pennsylvania is recognized. not have any gun laws in effect, except ant to our constitutional responsibil- STIMULUS PACKAGE during hunting season. We limit the ities as U.S. Senators, can, by our Mr. SPECTER. Mr. President, later number of rounds you might have in votes and by the overwhelming en- this evening, we are going to be moving your semiautomatic during deer sea- dorsement of this institution for this ahead to discuss the stimulus package, son. It is supposed to give the deer a nomination, demonstrate how far we and I want to use a few moments now chance. Anyone who wanted to carry a have come as a nation. to express my views on the subject. loaded concealed weapon without a per- The election of Barack Obama and There is no doubt about the need for mit in the State of Vermont, the dis- JOE BIDEN and the President’s nomina- stimulating the U.S. economy. January tinguished Senator from Virginia or tion of Eric Holder to be Attorney Gen- figures show 7.2 percent unemployed, anyone else, could. eral of the United States provide an 2.8 million jobs lost last year, more I mention that only because several historic opportunity for the country to layoffs all the time, and more fore- of the Senators who have come from move beyond the partisanship of the closures. It is my hope that there will States with very restrictive gun laws past decades. We can make a real dif- be a very strong stimulus package went after Eric Holder on gun laws. So ference if we come together to solve which is directed at putting people to I asked him: ‘‘Would you, as Attorney the Nation’s problems, protect against work. General, support legislation that would serious threats, and meet the challenge The proposals which have come from require Vermont to change its gun of our time. the House bill are laudable and in laws?’’ And thus make Vermont as re- Let us honor the wishes of the Amer- many respects are measures which I strictive as these Senators who were ican people who in November broke have long supported. But on analysis, giving him grief on his support of the through debilitating divisions to join it seems to me they belong more di- second amendment. He said: Absolutely together in record numbers. Let us ac- rectly in a budget program where we not. I asked him if there was any ques- knowledge that our inspirational new have targets for spending—discre- tion whether he would steadfastly pro- President has moved forward promptly tionary spending—making an evalua- tect the second amendment rights of to assemble an extraordinarily well- tion of priorities and moving in that law-abiding Americans to purchase, qualified and diverse group of Cabinet direction. But when the American peo- transport, and use guns. He said he officers and advisers. And let us move ple are being asked to support a stim- would. I asked if he would follow the away from petty partisanship in order ulus program of more than $800 billion, law, including the Supreme Court deci- to serve the greater good. which is deficit financing, the pro- sion in the recent case in the District Of course, any Senator is free to op- grams ought to be directed at job op- of Columbia versus Heller. He said, of pose a nomination and vote against portunities. course he would follow the law.

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.039 S02FEPT1 jbell on PROD1PC69 with SENATE S1266 CONGRESSIONAL RECORD — SENATE February 2, 2009 I mention that because I put into the I further announce that, if present The PRESIDING OFFICER. Without RECORD already 130 or more organiza- and voting, the Senator from Alaska objection, it is so ordered. tions. Every single law enforcement or- (Mr. BEGICH) would vote ‘‘yea.’’ Mr. REID. Mr. President, we are on ganization of any significance in this Mr. KYL. The following Senator is the economic stimulus package. We are country is supporting Eric Holder. necessarily absent: the Senator from going to start on that early in the Civil rights groups are supporting Eric Florida (Mr. MARTINEZ). morning, 10 o’clock. The first amend- Holder. Past prosecutors, including The PRESIDING OFFICER. Are there ment we are going to offer, I have al- those of the Bush and Reagan adminis- any other Senators in the Chamber de- ready told the Republican leader, is trations, have supported Eric Holder. siring to vote? going to be an amendment offered by Current prosecutors, the members of The result was announced—yeas 75, Senators MURRAY, FEINSTEIN, and oth- the immediate past President, Presi- nays 21, as follows: ers dealing with infrastructure. dent Bush’s administration, have en- [Rollcall Vote No. 32 Ex.] We look forward to the next amend- dorsed him. YEAS—75 ment. If the Republicans are ready, I say this because I think we are see- Akaka Gillibrand Merkley then they should be ready to offer their ing straw men put up here—straw men Alexander Graham Mikulski amendment. We will try to move who are saying they do not want Eric Baucus Grassley Murkowski Bayh Gregg Murray through the process as quickly and as Holder as Attorney General; yet these Bennet Hagan Nelson (NE) fairly as we can. same people voted unanimously for Bennett Harkin Nelson (FL) This is an extremely important piece Alberto Gonzalez, an Attorney General Bingaman Hatch Pryor of legislation. The problems we have who left in disgrace. Bond Inouye Reed Boxer Isakson Reid economically in the country today are This man restores the lustre of the Brown Johnson Rockefeller not the problems of Democrats or Re- Department of Justice. This man will Burris Kaufman Sanders publicans, they are problems that be as independent as the Attorney Gen- Byrd Kerry Schumer American people have. We together eral I talked with in his office when I Cantwell Klobuchar Sessions Cardin Kohl Shaheen have to try to work through this bill. I was a young law student and we were Carper Kyl Snowe hope we can have cooperation. There talking about what it would be like to Casey Landrieu Specter are many things that people have dif- come to the Department of Justice. I Chambliss Lautenberg Stabenow Collins Leahy Tester ferent responsibilities for. We have had asked that Attorney General if he Conrad Levin Udall (CO) a longstanding partial-day conference would allow anybody in the White Corker Lieberman Udall (NM) we are going to have, but we are going House, up to and including the Presi- Dodd Lincoln Voinovich to have opportunities during the time dent, to interfere with any criminal Dorgan Lugar Warner Durbin McCain Webb we are there listening to Secretary Chu prosecution or civil rights prosecution. Feingold McCaskill Whitehouse and Secretary Salazar and others to He said absolutely not, and I have told Feinstein Menendez Wyden offer amendments here. the President that. That Attorney Gen- NAYS—21 There will be a significant number of eral I was talking with was Robert F. Barrasso Crapo McConnell votes. We hope if the amendments are Kennedy. He was talking about his Brownback DeMint Risch offered tomorrow and Wednesday, we brother John F. Kennedy. And when it Bunning Ensign Roberts will have a number of votes all day to- Burr Enzi Shelby came time to prosecute a man who had morrow. Starting about 3 o’clock been critical to his brother’s election Coburn Hutchison Thune Cochran Inhofe Vitter Wednesday afternoon we can do the as President of the United States, Rob- Cornyn Johanns Wicker amendments that have been offered ert Kennedy prosecuted him. NOT VOTING—3 that day. So we have lots of work to I left as a young law student, tempt- do, and it is important we do it as ed to stay in Washington, but my wife Begich Kennedy Martinez quickly, I repeat, and as fairly as we Marcelle and I went back to Vermont, The nomination was confirmed. can. where we were both born and where we Mr. LEAHY. I thank all my col- I ask unanimous consent the fol- wanted to be. But I have never forgot- leagues who took part in this debate lowing be recognized for the time spec- ten that discussion with Attorney Gen- over the past several weeks. It is a his- ified: UDALL of New Mexico, 15 min- eral Kennedy. That has been the touch- toric nomination. And of the last utes; BROWNBACK, 10 minutes; CASEY, 15 stone for me. I don’t want another At- four—I have to check back—the last minutes; SNOWE, 20 minutes, KAUFMAN, torney General who sits in the room four attorneys general, Eric Holder had 15 minutes. This request is for these while others in our government ap- the largest ‘‘aye’’ vote of any of them. Senators to speak this evening. prove secretly wiretapping Americans I think it is a good sign for the coun- The PRESIDING OFFICER. Without in violation of our law, or engaging in try. It is a good sign for the Depart- objection, it is so ordered. torture. I want an attorney who stands ment of Justice. And this former pros- The Senator from New Mexico. up for the rule of law and our long ecutor is very happy. Mr. UDALL of New Mexico. Mr. cherished American values. The PRESIDING OFFICER. Under President, as I rise to give this maiden That is the kind of Attorney General the previous order, the motion to re- speech in our Chamber, we all know we Eric Holder would be. Come on the consider is considered made and tabled. are living in very difficult times. Our right side of history. Come on the right The President shall be notified of the current economic crisis has only accel- side of history. Reject what we saw in Senate’s action and the Senate will re- erated problems that have been grow- the past. Vote for Eric Holder. turn to legislative session. ing for years. America’s manufacturing Mr. President, I ask for the yeas and f nays. sector was declining before this crisis, The PRESIDING OFFICER. Is there a THE AMERICAN RECOVERY AND and when this crisis has passed, we will sufficient second? REINVESTMENT ACT OF 2009—Re- still need a blueprint for creating high- There appears to be a sufficient sec- sumed paying jobs and growing the middle ond. The PRESIDING OFFICER. The Sen- class. The PRESIDING OFFICER. The ator from Vermont is recognized. Meanwhile, our energy policies pose a question is, Will the Senate advise and Mr. LEAHY. Mr. President, I suggest threat to the economic, environmental, consent to the nomination of Eric H. the absence of a quorum. and national security of our Nation Holder, Jr., of the District of Columbia, The PRESIDING OFFICER. The and the world. I believe these two prob- to be Attorney General? On this ques- clerk will call the roll. lems, our economic stagnation and our tion, the yeas and nays have been or- The legislative clerk proceeded to energy irresponsibility, demand a com- dered. The clerk will call the roll. call the roll. mon solution. We must put Americans The legislative clerk called the roll. The PRESIDING OFFICER. The ma- to work building the energy economy Mr. DURBIN. I announce that the jority leader. of the future, and we must do so now. Senator from Alaska (Mr. BEGICH) and Mr. REID. Mr. President, I ask unan- I often say our energy policies have the Senator from Massachusetts (Mr. imous consent that the order for the produced a perfect storm, a combina- KENNEDY) are necessarily absent. quorum call be rescinded. tion of three extraordinary challenges

VerDate Nov 24 2008 02:52 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.041 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1267 that collectively threaten our future. toward dominance in the industries of technique for cleanly and efficiently First, America’s dependence on fossil the future. These benefits will come using the Earth’s heat to generate en- fuels threatens our economy. As nat- from the actions of private businesses ergy. Estimates indicated that the ural gas provides a growing share of making the RES a distinctly American technique could eventually power the America’s electricity, the price of gas solution to a global problem. That is Earth for hundreds of years. But with- has more than tripled since 1995, and why it will succeed. As one writer has out market incentives to encourage growing demand promises to make put it, the only thing stronger than continued development, progress stag- matters worse. Mother Nature is ‘‘father profit.’’ nated. Second, America’s energy policies Because it works with the private Only recently have American busi- threaten our security. America has 3 sector, an RES is more than a govern- nesses rediscovered the geothermal percent of the world’s natural gas re- ment program. It is an appeal to the technologies this country pioneered. serves, but we consume 25 percent of spirit of innovation. I know we have Because our markets do not appro- the world’s supply. That increasingly enough of that innovative spirit to priately value renewable energy, we means sending American dollars to tackle any challenge we face. I see it in lost more than a decade while the Russia and Iran, two countries that sit the people of New Mexico. I see it in world raced ahead. America cannot af- on more than 43 percent of the world’s the scientists chasing new ideas, in en- ford to let another country become the gas reserves and two countries that trepreneurs betting their time and cap- world’s green energy leader. Someday have shown their willingness to use en- ital on the hope of a better world, in soon, green energy will no longer be an ergy as an instrument of coercion. engineers searching blueprint sketches alternative; it will be the standard. Finally, humans have managed to for the submerged outline of a revolu- The CEO of GE Energy recently testi- overwhelm the Earth’s carbon cycle. tion. My constituents are eager to fied before Congress that wind and The balance that sustained life on tackle the problems that face our coun- solar energy are likely to be among the Earth for millennia has been radically try. I know yours are too. But these largest sources of new manufacturing altered. In New Mexico, this means citizens have been poorly served by jobs worldwide during the 21st century. fewer farms and more forest fires, more their Government. Just last month, a The question is whether these jobs will thirst and less water, the end of a renewable energy company from my be in America. That is what I want, unique and treasured way of life. State was forced to lay off most of its and that is what we need to do. Some people say the world’s demand workforce. After investing in a new America has always succeeded by for fossil fuels has not yet begun to technology, the company could not af- being one step ahead. We mass pro- outstrip supply, or that the climate is ford to begin manufacturing. As a re- duced the car, and American manufac- not changing back that quickly. I look sult, the progress of their innovations turing built the middle class. We at it this way. We are driving toward has been delayed, and the dreams of sparked the IT revolution, and our the cliff. I do not want to spend a lot of their workers have been deferred. high-tech industry fueled American time arguing about how far off the cliff It did not have to be this way. Coun- prosperity for years. Today being one is. I want to stop accelerating. tries that have done more to shape step ahead means developing the green So what do we do? In the short term, their energy markets have created energy economy of the future before we need to do it all. We need to drill re- driving green energy industries. With a anybody else does. The challenge is sponsibly for domestic energy, we population roughly a quarter as large huge but so is the payoff if we suc- should promote conservation, and nu- as America’s, Germany has twice as ceed—a stronger economy, a more se- clear power has to be part of the mix. many workers developing wind energy cure future, and a chance to reclaim But we also need reforms to prepare technologies. Spain has almost 5 times the mantle of world leadership by the us for the future. When I was in the as many workers in the solar thermal force of our example and the un- other body, I fought for and we passed industry as America, and China has matched capacity of our people. It is a renewable electricity standard, an more than 300 times. clear these are difficult times. I de- RES. This plan would demand that Today our markets do not accurately voted this speech to a proposal I be- large utilities generate a portion of price the social cost of burning fossil lieve will allow us to meet these dif- their energy from renewable sources fuels. As a result, the private sector is ficulties head on and to emerge a safer, and conservation. Thanks in large part effectively being told to send American stronger, more prosperous Nation. I be- to my colleague who is on the floor dollars overseas, to ignore the coming lieve the American people are ready for today, the senior Senator from New decline in fossil fuel supplies, and to change, and they are ready for the Mexico, Mr. BINGAMAN, the Senate has radically alter the world’s climate. It change this plan represents. It is up to passed this proposal three times. Simi- is a credit to America’s energy compa- us to rise to the challenge. lar policies have succeeded at the State nies that so many of them have in- Should we do so—and I am confident level. In fact, 28 States have renewable vested in alternative fuels and con- we will—we will remember today as a standards, including my home State of servation. But individual acts of re- time when America again turned a New Mexico. But a national RES has sponsibility cannot compensate for a global threat into a national oppor- never become the law of the land. It is market that encourages irrespon- tunity. We will remember the day when time for Congress to make it so. sibility. If we are going to make the our Government set free the power of There are many reasons to support changes we need, conservation cannot American industry to tackle one of the this plan. To start, it is good for con- be an act of personal virtue, and renew- world’s toughest problems, and we will sumers. With a 20-percent standard, able fuels cannot be luxury alter- celebrate the time when American utility customers could save $31.8 bil- natives. An RES would structure the businesses and American workers rose lion. It will strengthen rural commu- marketplace so those decisions that and together rebuilt a newer world, a nities and provide new income for are best for the American people are clean energy world. farmers and ranchers. This plan will also the best for the bottom line. This I also wish to thank today a number make America safer. The billions of approach will make the market a pow- of my colleagues and friends: My cous- dollars it would generate are dollars erful force for progress because Govern- in, MARK UDALL, from the great State that will stay in America and cannot ment cannot tackle this problem alone. of Colorado; Senator BINGAMAN, whom be used to hold our foreign policy hos- New Mexico contains two of Amer- I mentioned, who has been a leader on tage. But most importantly, a national ica’s preeminent national labs. We these renewable technologies and has renewable standard will create hun- know these public institutions have an gotten this proposal that I talked dreds of thousands of high-paying jobs, incredible innovative capacity, but we about today through the Senate three jobs that cannot be outsourced. Study also know Government needs private times. I see JEANNE SHAHEEN, who is after study shows that shifting capital sector partners to achieve its goals. also in my class; JEFF MERKLEY, to renewable energy increases job cre- From 1970 to 1996, Los Alamos National DEBBIE STABENOW, SHERROD BROWN, ation. Lab, the institution that harnessed the BOB CASEY, many Members who are Not only will this plan stimulate job power of the atom and launched Amer- here. I am grateful. creation today, it will put us on a path ica’s national lab system, developed a I yield the floor.

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.043 S02FEPT1 jbell on PROD1PC69 with SENATE S1268 CONGRESSIONAL RECORD — SENATE February 2, 2009 The PRESIDING OFFICER. Under a a lot of money, and it is not going to buildings,’’ $1 billion for the 2010 cen- previous order, the Senator from Kan- stimulate the economy. sus, $400 million to replace the Social sas is recognized for 10 minutes. This notion about what we want to Security Administration’s National Mr. BROWNBACK. I welcome my col- do is just get a lot of money out the Computer Center. Now, all this may be league from New Mexico, Senator door or maybe use a crisis to spend fine—$600 million for new vehicles for UDALL, a great name in U.S. politics. I money in places that people wanted to the Government, $50 million for the am sure he will do a great job in this do for some time may be more of what National Endowment for the Arts—all body, and I appreciate his comments is at stake. The White House Chief of of it may be fine, but that is not a talking about green expansion and Staff, Rahm Emanuel, stated: stimulus package. That is a spending what we can do to create jobs and op- You never want a serious crisis to go to package. That is an appropriations bill portunities. We certainly need to do waste. What I mean by that is an oppor- that should go through in the normal that, and I welcome him. tunity to do things that you think you could process. I rise to speak on the stimulus bill in not do before. Economists and members of the front of us. Our economy is certainly in Unfortunately, what I think is in this President’s economic team have great difficulty. The American people package is too much of that idea, that stressed the need for funds to be tar- are suffering. Look at the numbers. we have a crisis, let’s use this crisis to geted, timely, and temporary. How- They don’t tell what is in people’s put a lot of money into different places ever, over $250 billion of the spending hearts or what is happening to their that we wanted to all along to get it in this bill is for income-transfer pay- pocketbooks, but it does paint a bleak out the door and get it passed. You can ments that will put the Federal Gov- picture. Real gross domestic product do it that way, but that doesn’t stimu- ernment on the hook for long-term declined 3.8 percent in the fourth quar- late the economy. That stimulates the spending as far as the eye can see—and ter this past year. Consumer spending, Government and Government spending just when the baby boomers start to re- which is nearly 70 percent of the econ- and expands the Government to the tire in 2012 in large numbers. That is omy, was down 3.5 percent. We had point that some economists are look- not wise. weak consumer spending, weak ex- ing at the Federal Government becom- We will also hear some rhetoric ports, weak investment. That trans- ing 30 percent of the economy, where about how spending is a more effective lates into a bad job market. I don’t normally we run at about 20 percent of means of stimulating the economy think anybody questions but that we the economy. You are looking at doing than tax reductions. I do not agree are in difficult economic times. that on a permanent basis. We cannot with that. I do not believe that. I do For the past 12 months, the economy afford that. We particularly cannot af- not think economic theory nor the has lost nearly 2.6 million payroll jobs. ford that, given the first wave of the practice of what we have seen in the From Friday’s forecast, the estimates baby boomers who retire in large meas- past supports it. ahead are looking at another 500,000- ure by 2012. Three years from now, you Research by the President’s own plus jobs lost during the month of Jan- start hitting that big pool of retirees Chairman of the Council of Economic uary. Ouch. That is bad. It is hard. It is getting Medicare and Social Security Advisors suggests $3 of economic activ- difficult. The economy is in very dif- instead of paying into it. At the same ity per $1 reduction in taxes. The econ- ficult shape, and people are suffering. time, you have ratcheted up your size omy needs some gas in the tank, not I wish to see President Obama suc- of Government under this crisis mode sugar. We should focus on creating an ceed in helping to move the economy to the point that you could get a mam- environment and incentives for busi- forward. I wish to see Congress be a moth sized Federal Government that nesses and individuals to invest and constructive part of the process. I be- cannot be sustained on the backs of create real jobs, not illusory jobs cre- lieve we can do both. If we could slow taxpayers, under the idea of you don’t ated by a big Government handout that down a little bit and work together, we want to waste a good crisis, you want will not be permanent in a competitive could come up with an economic stim- to use it to spend in areas that you global economy and will load too much ulus package that could get 80 votes wish you could have all along. burden on future generations by debt out of this body. Unfortunately, the What these packages deliver, unfor- and taxes. We should provide real and bill in front of us is neither prudent tunately, is an increasing amount of permanent tax reduction accompanied nor responsible. I don’t think it is debt and a plethora of big Government by truly timely, targeted, and tem- going to get us out of the hole we are spending increases masquerading as a porary spending. I could support an ex- in. It just digs the hole deeper. There is fiscal stimulus. It is a grab bag of dif- pansion for roads and bridges because an old saying that if you are in a hole, ferent spending programs with the we need the roads and bridges. That is stop digging. Unfortunately, the bill we hope that it would somehow chase the not what is in this grab bag. are considering resembles too much the recession away. Instead, it adds to the I would like to list another example one that passed the House of Rep- debt. This bill will cost American tax- of a tax cut that we could do that could resentatives, ignores that advice, and payers close to $900 billion. That is on put as much and would probably put as supplies bigger shovels to dig the hole top of an already projected deficit of much as $545 billion into the U.S. econ- deeper and faster. That is not the way $1.2 trillion. omy—$545 billion. This is from an arti- we should go. It is also interesting that when Presi- cle written by Alan Sinai last week. It My hope and prayer for this week is dent Clinton came into office, he put is something we have done in the past, that we will work as a body; if we can’t forward an economic stimulus package where we have lowered the taxes on re- work as a body and work together to that was defeated as being too big and patriation of foreign-earned dollars. fashion something on a bipartisan basis too costly and that one was priced at The last time we did that, we reduced that actually stimulates the economy, $16 billion. We are looking at $900 bil- the corporate tax rate of 5.25 percent that we simply send this back to the lion. That was $16 billion. It was too for 1 year. We brought back into the committee to start over again. I am on much and too expensive. It added to United States nearly $360 billion of the Appropriations Committee. We got the debt too much at a time that we money. the bill on our side 24 hours ahead of had a difficult economy as well. That is money that is earned by com- voting on it in committee. The com- Here, it appears, billions of dollars panies such as Hill’s pet food in To- mittee held no hearings on this bill are being spent on all kinds of pro- peka, KS, which has pet food plants in whatsoever. We voted within 1 hour 40 grams that should be addressed in the Europe and Asia. They make money minutes to appropriate and spend $350 normal appropriations process. We there, but they cannot bring it home billion, basically creating another fis- have a process, and we can use that, because they are subject to this 5.25 cal year between 2009 and 2010 and then but now we are putting in money, and corporate tax rate. So they leave it pouring a wad of money into a number people have heard this litany: $400 mil- there. But for a 1-year time period, you of different segments without rhyme or lion for the prevention of sexually could take that down to 1 percent, or a reason for how it would stimulate the transmitted diseases, $6 billion for low number, and they will say: I am economy. That is what gets everybody clean water revolving funds, $6 billion going to bring it home. Then it puts so upset about this bill. It is spending to convert Federal buildings to ‘‘green gas in the tank and not sugar in the

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.044 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1269 tank. That is a tax cut that will help just saw the data that unemployment Senate but, more importantly, to the us. This is capital our economy needs went up in every single State in the American people every 3 months. The and needs badly. I cannot see a single month of December, and I know the reports will focus on, first, the success rational reason why we would not take Presiding Officer understands this from of this act in creating jobs and the de- action to encourage American compa- his work as a Governor and now as a tails behind that; and, no. 2, any in- nies to bring capital home. Senator—in a State like ours in Penn- stances of waste, fraud, and abuse in Let me close by saying there are a sylvania—whether it is the Common- programs funded by this act. number of worthwhile spending pro- wealth of Pennsylvania or the Com- Membership on the panel will break grams that need to be addressed but monwealth of Virginia—we are seeing down as follows: 10 Members of the not under the guise of fiscal stimulus. challenges all around. We have had Senate, including the chairmen and We do need to address infrastructure record job loss. Even foreclosure rates, ranking members of the Committees issues, and I could support a substan- which have been a lot lower than the on Finance and Appropriations, 4 Mem- tial amount of infrastructure spending, rest of the country, are now spiking up. bers appointed from the majority party but the lag time on these is difficult Families have been hit with a kind of by the majority leader of the Senate, and it is long. On the other hand, there economic trauma we have not seen in and 2 Members from the minority is defense spending that could take more than a generation. The same is party appointed by the minority party place even now and the pipeline is not true of businesses. Their bottom lines itself; secondly, 10 Members of the as long and, importantly, that is have been decimated by the downturn House, including the chairmen and money we are already scheduled to in this economy, principally because ranking members of the Committee on spend. It simply would be advancing businesses and families have not had Ways and Means and the Committee on the timetable, not expanding the access to credit to borrow money for a Appropriations; and it goes on from amount. small business or to borrow money for there in the same way as the Senate. My point is, as I started off, if we student loans or for the purchase of an While I recognize the administration would spend a little more time here automobile or something that a family has pushed for and the bill before us in- and in committee and work together, wants to spend money on but cannot do cludes a new Recovery Act Account- we could get 80 votes for this bill. If it without credit. ability and Transparency Board, I want this bill is forced through this week So we know the trauma that has been to make sure the legislative branch is and we end up with the size of Govern- visited upon the American people. We in a position to carry out our oversight ment of 30 percent of GDP, then this also know that just as that has been responsibilities. Congress has not al- will be mostly on a partisan-line vote. happening, there has also been a real ways done a good job on that, and we That is not the way we should start. It crisis of confidence, some of this ema- have to ensure that a good job is done is not the way we should go. nating from the way the Troubled in this instance for this kind of over- I yield the floor. Asset Relief Program, the so-called sight. The PRESIDING OFFICER. Under TARP, was implemented by the Treas- The second amendment I have would the previous order, the Senator from ury Department in the prior adminis- direct the Government Accountability Pennsylvania is recognized for 15 min- tration. Office, known by the acronym GAO, to utes. One of the obligations we have in the Mr. CASEY. Thank you, Mr. Presi- compile reports of the Offices of the In- Senate in this debate, but even beyond dent. spectors General in each of the Federal Mr. President, I rise tonight to speak this debate, is to do everything we can Departments or agencies that expend as well on the challenge we have ahead to restore that confidence. You could or obligate funds under the Recovery of us with regard to the legislation we express it as confidence, you could ex- Act. The GAO would in turn submit re- are debating this week. We will be con- press it as trust. However you describe ports to Congress that would contain sidering a lot of amendments to that it, a good bit of that—too much of the following: No. 1, a summary of legislation; that is, the Economic Re- that—was lost in the last couple oversight activities of the Offices of In- covery and Reinvestment Act. months. As people were feeling the spectors General relating to expendi- I want to speak, first of all, in a trauma of this economy on their own ture of recovery funds; and, No. 2, an broad way about the challenge ahead of lives or on their own families or on evaluation of the effectiveness of this us. I sent a letter toward the end of their own communities, there was also act. So you have the GAO, an inde- last year to both our majority leader a loss of trust and confidence in what pendent entity, reviewing what has Senator REID, as well as to Senator the Federal Government did or did not been happening under this legislation. MCCONNELL, outlining priorities, as I do and what the Federal Government The aim of these GAO reports would saw them, from the vantage point of can do going forward. So as we consider be to assess which provisions of the act Pennsylvania’s challenges as well as this legislation, this is not just about a have been effective at creating jobs. the country’s. program and dollars and whether the The whole intent of this legislation is I used a phrase that we have heard strategy will work. This will be a test to create jobs. We better make sure often, the last word of which might be of the Senate, a test of the Congress that happens. The reports would be a little different than we have heard. and the administration, in terms of our submitted no later than 120 days from We have heard summaries of this strat- ability to restore some of that con- enactment of the act, with followup re- egy where the priorities of any kind of fidence and literally to restore trust in ports submitted at 180 days after enact- recovery bill should be focused on our Government. ment as well as 240 days, again, after being timely, targeted, and trans- One of the ways we can begin to re- enactment. formative. I believe all three are essen- pair that relationship between the Both of these amendments are fo- tial: Timely, meaning we cannot sit on American people and the Congress, be- cused on oversight. That is the lan- this for too long; we have to act. I tween the people who pay the taxes and guage we use to make sure the bill and think that is essential; targeted, in the the Government that spends those dol- to make sure the Government is doing sense we cannot have broad spending. lars, is to work on a couple of areas of its job to carry out the purposes of this We have to make sure we target the oversight. It is not the whole answer, recovery and reinvestment act. dollars to strategies that work; trans- but it goes a long way to helping. So I But we have to do more than that. formative, in the sense that as we are have two amendments I will be offering This effort with the two amendments is making investments in infrastructure this week on oversight. a way to very specifically begin to re- or in people to get them through the The first amendment will allow for a build the confidence the American peo- recession, and also to generate spend- comprehensive assessment through the ple must have in what the Congress ing, we also have a chance to be trans- creation of a joint select committee on does and to recover and reinvigorate formative, to change our economy for economic recovery oversight. This some of that trust we should have in the better and to transform people’s oversight committee will be made up of our Government, especially at this lives. Members of the House and the Senate time. No piece of legislation can do In Pennsylvania—and it is true of and will be required to submit reports that on its own. No Senator or Member virtually any State in the country; we to every Member of the House and the of the House can do that on his or her

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.046 S02FEPT1 jbell on PROD1PC69 with SENATE S1270 CONGRESSIONAL RECORD — SENATE February 2, 2009 own. But we have to try collectively to on what is the optimal stimulus to pur- cuing. Most of all, though, the country do all we can to rebuild confidence be- sue—and what it would achieve. Busi- needs a program that works . . .’’ cause if we do not have that kind of ness Week, in its January 28 issue, asks I ask unanimous consent the entire confidence going forward for the effec- ‘‘how much does boosting government editorial be printed in the RECORD. tiveness of this legislation, then we spending or cutting taxes help the pri- There being no objection, the material was cannot expect the American people to vate sector? Can massive fiscal stim- ordered to be printed in the RECORD, as fol- support this legislation and the pro- ulus . . . create lobs and increase eco- lows: grams infused with capital by this leg- nomic output?’’ SENATORS, BRING SENSE TO STIMULUS islation over a long period of time. So David Leonhardt, economics col- In economic stimulus, numbers have we have much work to do to strengthen umnist for The New York Times, stipu- ceased to matter. The current package be- oversight, and by doing that to begin lated in an article on January 29, 2009, fore Congress is $819 billion, but it could be that such a ‘‘bill should help the econ- a quadrillion, for all it matters. What’s been to increase the confidence the Amer- proposed is stimulus at any cost, because ican people have in our Government omy in both the near term and the long continued lagging of American economic and in this legislation. term. But the government doesn’t go output is a failure beyond comfortable cal- Mr. President, I yield the floor and out and spend about $800 billion every culation. note the absence of a quorum. day. The details matter.’’ He is abso- Sens. OLYMPIA SNOWE and SUSAN COLLINS The PRESIDING OFFICER. The lutely right—the details do matter— are center stage this debate, by virtue of clerk will call the roll. and that is why this amendment proc- their center-right leanings. Their lobbies are The assistant legislative clerk pro- ess is so fundamental. Current CBO Di- filled with lobbyists and their ears are filled ceeded to call the roll. rector Douglas Elmendorf testified be- with pleas, suggestions and threats, perhaps, of what their vote on the stimulus means, ei- Ms. SNOWE. Mr. President, I ask fore the House Budget Committee on unanimous consent that the order for ther way. January 27, 2009, and said, ‘‘stimulative Stakes are high. So are the costs. But the quorum call be rescinded. policies, if well designed, could hasten Maine’s senators must ignore both of those, The PRESIDING OFFICER. Without the economy’s recovery and reduce the we think, in favor of the simplest approach, objection, it is so ordered. overall loss of output during the reces- to evaluating the merits of the stimulus: Under the previous order, the Sen- sion.’’ That is precisely the test of how Prove to us it is going to work, they should ator from Maine is recognized for 20 effective a fiscal stimulus is—does it say, and soon. Shortcomings or delays need minutes. not apply. Ms. SNOWE. Mr. President, I rise help bring us out of recession? Praise and damnation for the stimulus In that light, we must not confuse today, at this most consequential of from the right and left are both steeped in stimulus with omnibus. For those who times, and as a member of the Senate truth. The country does need targeted pro- Committee on Finance, to speak to the say we cannot burden this bill with grams to strengthen safety nets, help states issue of the economic stimulus we have provisions that are not within the stem red ink and put people to work through infrastructure and other investments, begun to consider here in the U.S. Sen- strictures of economic stimulus, I couldn’t agree more. And to do other- But It doesn’t need a wish list, the rush to ate. fulfill an ideological agenda that’s been We are deliberating on this legisla- wise would only compromise the credi- bility of any package that may ulti- stewing for eight years under the former ad- tion because the gravity of our eco- ministration. There’s time for that later. nomic circumstances is the most dire mately be enacted. Right now, there’s a country, an economy we have witnessed since the Great De- This is a multidimensional crisis and a basic way of life that needs rescuing. pression, and in just three months, this that requires a multidimensional ap- Most of all, though, the country needs a recession will officially become the proach, and it is critical we get this program that works. Fast. This is where longest and quite possibly the deepest right. Already Congress passed the SNOWE and COLLINS can hold sway, by bring- Troubled Asset Relief Program, which ing common sense to the stimulus legisla- since the 1930s. We lost 2.6 million jobs tion through the application of basic, prag- last year, the most since 1945. The U.S. as we all know has had its own signifi- cant problems. Already the Federal Re- matic principles. Department of Labor has reported the The country has already spent in haste. number of Americans receiving unem- serve has essentially exhausted its op- The 2007 stimulus cut checks to every Amer- ployment benefits has reached 4.8 mil- tions to improve the economy through ican, which felt great, but flopped. The 2008 lion, an all-time high since record- monetary policy, having reduced inter- rescue for banks on their eves of destruction keeping began in 1967—and that doesn’t est rates to zero—something else that is looking like the money was thrown into a include the nearly 1.7 million getting hasn’t happened since the 1930s—and gaping maw, never to be seen again. lent more than $1 trillion to stabilize That Congress is now pressuring banks to benefits through an extension last lend their bailout funds, instead of hoarding summer. the financial and credit markets. So as I said during the mark-up of the Senate them, is testimony to the contradictory na- Mark Zandi—chief economist for ture of that bailout/rescue/stimulus. The $700 Moody’s Economy.com, who has ad- Finance Committee’s portion of this billion was meant to stabilize the economy, vised both Senator MCCAIN and Presi- package, we ought to remember that not those institutions that acted so reck- dent Obama—has stated, ‘‘without for us, in crafting fiscal policy to meet lessly to destroy it. stimulus, unemployment will rise well this historic challenge, there are no So here we are, as Americans, burned twice into the double digits by this time next ‘‘do-overs.’’ We only have so many ar- by major spending packages that haven’t year.’’ And then we learned last Friday rows in our fiscal quiver. spurred the desired effect—staunching our economic bleeding and injecting fiscal peni- that the economy shrank at its fastest And so this debate shouldn’t be about how much we label as ‘‘tax relief’’ and cillin to kill the diseases spreading through pace in nearly 27 years in the fourth our markets. Two strikes. We can’t afford a quarter of 2008. Our gross national how much we label as ‘‘spending.’’ We third. product dropped at a 3.8-percent annual must not retreat into our ideological President Barack Obama has presented the rate, worst since 1982. corners or comfort zones. Rather, it most thoughtful package to date. There’s lit- So, indisputably, the grave nature of should be about the merits of the indi- tle question that expertise and intellect re- the current landscape dictates the ur- vidual measures in this legislation and placed emotion and paranoia as the senti- gency of passing a substantial and whether the totality of the package ments driving its creation. The questions that remain are basic: Does it work, and how comprehensive economic stimulus can—in the timely, temporary, and tar- geted fashion we have employed on soon? package. I want to support a stimulus These are what Senators COLLINS and package. But I cannot support just any stimulus measures in the past—deliver SNOWE should have answered to their satis- package. This Chamber cannot support job creation and assistance to people in faction before deciding which way to vote. just any package. need—who also will spend funds quick- The numbers and stakes are high, obviously. We have a responsibility—an obliga- ly, further bolstering economic recov- What matters is that this stimulus pack- tion—to apply a rigorous standard to ery. We must ask, does this package fit age makes sense, and that it works. Quickly. determine whether this approach will the times—because in the words of an Ms. SNOWE. Moreover, we must cali- help extricate our Nation from this cri- editorial in the Lewiston Sun-Journal brate even more carefully the impera- sis. in my home State of Maine: ‘‘right tive for speed against the ironclad ne- And yet, even the best economic now, there’s a country, an economy cessity of getting this legislation minds are not in agreement or accord and a basic way of life that needs res- right—given this bill in its current

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.046 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1271 form would add nearly $900 billion to Again, the bottom line question for come families earning between $6,000 our national debt—and that is before us must not be exclusively whether a and $12,667 a year. any interest payments—on top of the particular proposal in this package is a I have heard arguments before about $10.6 trillion debt that exists. And that good idea. The bottom line question is, refundability, and people will say we means, we cannot open the door to per- as I conveyed to Vice President Biden should not provide funding to those manent spending that exceeds the life in a conversation between us recently, families who don’t have a Federal in- and purpose of what is before us today. will this package work in terms of come tax liability. I would point out In fact, Alice Rivlin, former Director jump-starting the economy? that although these people may not of the Office of Management and Budg- Columnist Robert Samuelson spoke earn enough to have a Federal income et in the Clinton administration, of- directly to that challenge when he tax liability, they do work and con- fered the following fiscal reality-check wrote in The Washington Post today, tribute to local taxes and payroll taxes in her testimony before the House ‘‘...the immediate need is for the stim- and, the refundable child credit will Budget Committee last week, ‘‘because ulus package to stimulate—now. It get additional money into the pockets we’re doing this outside the budget needs to be frontloaded.’’ I do think it of those most likely to spend it. process, it means no one has to talk is positive that the legislation contains After all, I don’t think that anybody about what the long-term effects of some measures to move money out would deny that low-income families any of this might be.’’ Well, let us talk quickly and effectively, such as short- earning between $6,000 and $12,667 on an about the long term effects here and ening the normal deadline for Federal annual basis should have some benefits now. agencies to commit funds, and setting under this legislation. I don’t think As my colleagues are well aware, deadlines on Federal awarding of for- anybody can deny that they will not be CBO has projected a staggering $3.1 mula grants, among others, so States, spending that money and that it will trillion budget deficit over the next 10 communities, or agencies are not sit- not be stimulative in the final anal- years, and that’s before we pass this ting on the money. They will be re- ysis. I do believe they deserve to be bill that will add $900 billion to that quired to expend it within a given pe- part of this stimulus plan. total. And as we all know, CBO as- riod of time in order to impact the I also believe that preserving and cre- sumes that any additional funding lev- economy. ating jobs over the short term that will els added for Federal spending will be In addition, as we heard last year also endure for the long term are not added to the budget baseline and ex- from CBO, extending unemployment mutually exclusive goals. To the con- tended in perpetuity with an inflation benefits is a preeminent stimulus tool, trary. As ranking member of the Small adjustment. In other words, this bill as it concluded its cost-effectiveness is Business Committee, I am very pleased may exist entirely outside the normal ‘‘large’’ . . . the length of time for im- the Finance Committee package in- budget process, but it will now be in pact is ‘‘short’’ . . . and the uncer- cluded tax provisions to assist small CBO’s baseline—meaning any future re- tainty about the policy’s effects is businesses to sustain operations and ductions will be considered by some to ‘‘small.’’ Now we have Moody’s Econ- employees. In particular, we extend be ‘‘cuts.’’ omy.com estimating that every dollar small business expensing to $250,000 to Therefore, we must ensure that pro- spent on unemployment benefits gen- promote investment. After all, small grams that may well be great policy erates $1.63 in near term GDP. So I am businesses are going to be the lifeline but not economic stimulus are not con- pleased the finance package I sup- to job creation, as they have been in sidered in this package and instead are ported in committee included about $39 the past. In fact, small businesses cre- vetted through the regular budget and billion to extend unemployment insur- ate two-thirds of all net new jobs in legislative process. And that spending ance. And I thank the Finance Com- America. They will be the lifeblood of authorized in this bill ends when its mittee Chair BAUCUS for including my this economic recovery. It is important emergency, stimulative function measure to exclude the first $2,400 of to extend the expensing provision of ends—with any continuation again unemployment benefits from taxation, $250,000, as well as provide a 5-year net only considered in the future through to further maximize the provision’s operating loss carryback to firms, giv- the normal process. As the Concord Co- stimulative effect. ing them an immediate tax refund they alition among others has called for, we On the tax side, the Finance package can use to sustain operations and hire must have an exit strategy to ensure also includes a payroll tax credit, new employees, among other priorities. that we don’t create unintended con- known as the making work pay tax But above all—and I underscore this sequences down the road that will credit for more than 95 percent of point—those receiving Federal money cause additional economic hardship working families in the United under the rescue plan under TARP will and harm. States—which Mark Zandi has said will not have access or be allowed to take On that note, I believe that we de- be ‘‘particularly effective, as the ben- advantage of these additional taxpayer serve from the proponents of this bill a efit will go to lower income house- resources. breakdown in each of the different ti- holds...that are much more likely to In addition, we must neither neglect tles of this legislation such as what are spend any tax benefit they receive.’’ nor forget our Nation’s distressed and the job-creation expectations for each, I am also pleased that Senator rural communities. Our bill recognizes or how precisely will they assist those GRASSLEY was able to insert an abso- that imperative by including an addi- displaced by the current recession and lutely vital provision to middle-income tional $1.5 billion in 2008 and 2009 allo- will that assistance itself also bolster taxpayers in America that addresses cation authority for the New Markets our economy in the near term? Fur- the alternative minimum tax, which is Tax Credit. I am told that the commu- ther, I am working on an amendment an egregious and onerous tax on so nity development financial institutions that will require the new Recovery Ac- many millions of taxpayers across this fund, which administers the incentive, countability and Transparency Board country, and, if left applied, would can allocate this 2008 credit authority created in this legislation to include, make the tax credit of $500 and $1,000 within 60 days, which will create 11,000 in its quarterly reports, a specific list- less effective. I am very pleased that permanent jobs and 35,000 construction ing of the numbers of jobs being cre- was included to add another $70 billion jobs. ated by each title in this act. But most worth of tax relief to middle-income Since the only thing we don’t want critically, the amendment will direct America. to be temporary in this package is the the Board to recommend for rescission The finance portion also includes in- jobs it creates, this legislation will the unobligated balances of any pro- creasing eligibility for the refundable place Americans on the vanguard of gram in the Act that are not currently portion of the child tax credit that the jobs of the future with the exten- creating—or cannot be reasonably ex- Senator LINCOLN and I have advocated sion of the renewable energy tax credit pected to create—jobs or help those and championed over the years. We to promote green technology, which displaced by the current recession. have included this child tax credit will be absolutely crucial as nations These provisions will hopefully shine a going back to 2001 in the Economic compete to emerge from this global spotlight on the efficacy of the new law Growth and Tax Relief Reconciliation economic downturn. In fact, if we had in creating badly needed jobs. Act. This incentive would reach low-in- not dithered last year and opted to

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.017 S02FEPT1 jbell on PROD1PC69 with SENATE S1272 CONGRESSIONAL RECORD — SENATE February 2, 2009 pass the extension of the renewable tax I am hopeful in the final analysis First, they should not be able to ex- credits at the beginning of 2008, we that we can further address this piv- pand their current benefits. They would have already been on the road to otal matter of nonstimulative provi- should maintain their existing benefits creating 100,000 new jobs. sions through the amendment process coverage. Second, we should require I have heard a lot of arguments over the coming days. As the New York prompt payment, so that states cannot against renewable energy tax credits, Times columnist David Brooks re- sit on payments, but rather within a saying they are not stimulative. We cently wrote, the package, as currently timely fashion of 30 days have to reim- are in the midst of a global downturn, constituted, ‘‘is part temporary and burse providers for care because delays and every country on Earth is going to part permanent, part timely and part in payments to providers ultimately be competing for jobs in the 21st cen- untimely, part targeted and part threaten their operations, limit their tury. Determining what is the best untargeted.’’ And he also deftly point- ability to make investments to take path to creating those jobs and invest- ed out, ‘‘leadership involves care of their patients, or put them at ments in green technology is on the prioritizing.’’ I think we will have to risk of ultimately having to cut back forefront of job creation. I want to be work in the days ahead on both sides of substantially, which will have a tre- sure this country is in the vanguard the political aisle to offer amendments mendous impact on the overall econ- when it comes to creating jobs of the to bring accountability to this process, omy. future. to bring both sides together, and to de- Time is of the essence and so is the Certainly making investments in re- velop the kind of consensus that is obligation to get this right to the best newable energy sources is going to be going to restore the integrity and con- of our ability. Hopefully, we can so critical and so essential to job cre- fidence in the package we ultimately achieve a bipartisan bill, one that is ation and to competing with other na- pass. going to achieve the legitimate objec- tions as they attempt to emerge as Mr. President, finally, as ranking tives of job creation, of stimulus and well from this global downturn. member of the Senate Committee on assisting those who have been dis- In fact, these renewable tax credits Small Business, I am pleased that the placed as a result of the downturn in will create more than 89,000 more jobs Senate Appropriations Committee also this economy. These goals are not mu- by giving certainty to companies that included multiple small business lend- tually exclusive. In fact, I think they can start now on projects and count on ing provisions that I think are critical are ones that could easily be accom- these important incentives to take to the overall objective of this legisla- plished as we go through this process, risks and grow. In fact, there are a tion which, of course, is to create jobs. if we all agree in the final analysis that number of projects in my own State of Let me also address one provision we need to move forward with a pack- Maine that have been postponed and that I think is critical and that has age that will meet the times and to ac- placed on hold because they cannot re- been part of the finance package—and commodate the enormity of the chal- ceive the benefits from the tax credits that is expanding the Medicaid Pro- lenge we are facing in this country or financial institutions have sus- gram to assist States all across this today. pended their loans and their lending country. I have heard that many have I yield the floor. opportunities. That has prevented suggested that somehow this is not The PRESIDING OFFICER (Mr. these companies from moving forward stimulative, and that it is not appro- MERKLEY). The Senator from Delaware. on projects that they have wanted to priate to include additional funding for Mr. KAUFMAN. Mr. President, I am pursue over the last few months. These Medicaid assistance to the States. fortunate to have heard the remarks of are major projects that will create There are 45 States that are facing the Senator from Maine. They are ex- thousands of jobs in my State, and the significant budget shortfalls with a cellent, and I find so much of it I agree same is true in so many States across combined budgetary gap of $350 billion. with. the country. That is why this invest- Are we suggesting it would not have a I am a brandnew Senator, but I have ment in renewables is going to be es- profound impact on our national econ- been around the Senate for 36 years. I sential to job creation. omy if all 45 States, which are going to think in those 36 years, this is truly Considering the entirety of the stim- have to make some drastic decisions one of the historic moments in all the ulus package, both tax and spending, under any circumstances, had to make years I have been following the Senate. and its ability to have an immediate even more difficult choices if we did We are about to embark on a task that impact, CBO has now reported that of not provide the $87 billion that is in- will test this institution, as we begin the current $884 billion size of the bill, cluded in the Finance Committee pack- the debate on the response to the pro- $694 billion, or 78 percent, spends out in age to assist them? found economic crisis we face. 2009 and 2010. That is a significant por- In fact, I think it is going to be criti- Last Monday, as my first full week as tion of this stimulus plan. Yet on the cally important that we do so because a U.S. Senator began, thousands of purely appropriations side, the otherwise they will have to raise taxes American workers lost their jobs. In a spendout over the next 2 years is only and cut spending dramatically, which single day, tens of thousands of fami- 49 percent, and I believe we can and obviously will have a tremendous and lies lost their breadwinners, men and must do better. consequential impact on the state of women lost the dignity that comes Furthermore, I must say that there the economy, leading to more job with work, and States and cities across are allocations that simply do not be- losses and a more severe downturn. the country lost the productive labor long in the stimulus package. Do we As we know, States are required by and the tax revenues those workers need to include $575 million for renova- their constitutions to balance their have provided. tion and research at the National Insti- budgets. So, obviously, they will have This was just a single bad day. But tute of Standards and Technology in to resort to raising taxes or reducing over the last couple years, the news this legislation? Or $2 billion for ad- spending. I think we have an obligation from our economy has been increas- vanced battery manufacturing? Or $135 to be a strong Federal partner and pro- ingly disturbing. American payrolls million for the management of lands vide assistance when it comes to Med- shrank by over 2.5 million jobs last and resources? icaid because, after all, not only are year, including 524,000 in December Again, there are many more exam- States having difficulty with their ex- alone, touching every corner of this ples in this legislation that certainly isting caseloads and increases in cost, country. The accelerating pace of un- should be identified as ones that should but they are also facing a burgeoning employment tells us there is more bad go through the normal budgetary proc- caseload due to job losses. In fact, for news to come. Along with laid-off ess. every 1 percent increase in unemploy- workers, we have unused productivity There are other provisions that are ment, an additional 1 million Ameri- capacity. Thirty percent of our manu- unequivocally worthy of strong sup- cans will qualify for Medicaid or the facturing strength is idle. port. But again, we have to identify children’s health insurance program It is no wonder that Americans are them as to whether this is the appro- under the current enrollment criteria. cautious about spending. But their cau- priate vehicle for their consideration, All that said, I also think we should tion, as we know, is reinforcing the and I would say not. impose some conditions on the States. slowdown.

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.048 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1273 With that decline in consumer spend- health care records and at the same MORNING BUSINESS ing, our retailers are shutting their time save billions of dollars while Mr. KAUFMAN. Mr. President, I ask doors, laying off sales staff and man- digitizing paper records, making sure unanimous consent the Senate proceed agement. With declining sales, manu- we have appropriate privacy safe- to a period of morning business with facturers are laying off workers and guards. We can improve health care, Senators permitted to speak up to 10 shutting down assembly lines. Re- save money, help protect our patients, minutes each. sponses that are perfectly rational for and create jobs. We will need to install The PRESIDING OFFICER. Without individuals making their own decisions new computers, routers, and software objection, it is so ordered. only add to our problems, making us and educate and train the people with f all worse off. the skills to make the system work. Our jobs, our savings, our homes, our Listen, as jobs are created, con- TRIBUTE TO GRAYSON COUNTY credit—all are under siege. Left alone, sumers will be able to spend, home- DECA we know things will only get worse. We owners will be able to keep up with Mr. MCCONNELL. Mr. President, I have to break that vicious cycle. their mortgages, families will be able rise today to pay tribute to the accom- I remind my colleagues of these trou- to keep their kids in college. That is plishments of the Grayson County bling trends because as bad as things what economic recovery means, and DECA from my home State of Ken- are, they can get worse. Because we that is what we have to do. tucky and their efforts of promoting have failed to revive employment, con- Finally, just as important as the jobs entrepreneurship through education sumer spending—the key to today’s we create will be jobs preserved by and community awareness. economy—and consumer confidence— keeping State and local governments DECA is a high school association of the key to tomorrow’s economy—re- able to provide the schools, the health marketing students which promotes main in a slump. Because we failed to care, the police and fire protection that the development of professionalism es- restore stability in home prices, fore- we cannot do without. They will need pecially with regards to entrepreneur- closures continue to spread. Because teachers, nurses, firemen, policemen, ship and is the high school equivalent we have failed so far to clean up our and health inspectors on the job. Just to the college association of Delta Ep- banking system, lending and borrowing today our congressional delegation silon Chi. are drying up. from Delaware met with the Governor The Grayson County chapter works That is the real urgency behind the of Delaware. This crisis, just in Dela- under the advisement of Cynthia Smith task of building an effective economic ware alone, has slashed our revenue and Diane Horne, and comprised of recovery plan because if we fail to act, projections by $.5 billion in just 6 dedicated young men and women, in- we can be sure that we will lose more months. We face a $600 million deficit, cluding two juniors from Grayson jobs, lose more homes, and reduce the which will require shutting down serv- County High School, Tyler Lewis and value of our economy. ices and laying off workers. This will Alex Henderson, who recently partici- Because so much has gone wrong, our add to the economic slowdown and re- pated in the Entrepreneurship Pro- recovery plan must tackle many dif- duce the services on which our citizens motion Project for organization. ferent problems at the same time. Be- depend. The project has integrated its ideals cause so much of our economic value Support directly to State and local into the local Grayson County schools has been lost, the scale of our response governments will get out to where it is with ventures such as developing dif- must be equal to that challenge. Be- needed. We know that because we know ferent business ideas and creating sales cause of the risk of further decline, our those governments are now forced to presentations. They have reached out response must be rapid. cut back in the face of declining eco- to the community with public service That is why the Senate is beginning nomic activity and revenues. They announcements on the radio and edi- debate today on a historic economic re- need the money and they will use it. torials in the local newspaper. covery investment program for Amer- We have to get it to them. The Entrepreneurship Promotion ica. We must do something dramatic to This crisis has knocked a big hole in Project earned the group a sixth place turn our economy around. At the same our economy, and it is essential we fill honors in their category at the spring time, the American people will rightly it quickly. Because of the size and 2008 International DECA competition. judge whether we have used this mo- speed of this task, we must also have In addition to the promotion of en- ment wisely, whether we have invested extraordinary oversight and trans- trepreneurship, DECA requires that its these hundreds of billions of dollars of parency to assure Americans that we members participate in many hours of their hard-earned dollars in ways that are doing this right and that we are community service. will improve their lives. doing it openly. We must have addi- Recently, DECA has organized a job Job creation and job preservation tional resources and people dedicated shadowing program for the senior ad- must be our goal. Jobs, jobs, jobs. to the sole purpose of auditing and in- vanced marketing class at Grayson Every job lost is another blow to our vestigating economic recovery spend- County High School. The program al- economy, losing productive work, ing. We must have transparency. We lows students to explore a career of spending power, and the revenue that must make public all of the grants, their choice and gain professional expe- supports the education, health care, contracts, and the oversight activities rience by pairing them with local roads, water, police, and fire protection themselves. This is a historic under- businesspeople. provided by our State and local govern- taking, and we must have a historic The students explored careers at the ments. Every job lost is truly a human level of transparency and oversight. Grayson County News Gazette, the tragedy, for the man and woman who During my years of experience with Grayson County Sheriff’s Department, loses the dignity of work, and the fami- the Senate, I have developed a deep re- the Leitchfield Police Department, the lies thrown into turmoil. spect for this very unique institution. I County Courthouse, CPA firms, law of- One important way to create jobs is have seen it tested in war and peace, in fices and the Chamber of Commerce. make more investments that will make good times and bad. The debate on our The members of DECA have worked our economy more productive—clearly, economic recovery plan this week is to raise awareness and have success- roads, bridges, clean water. A smart precisely the task for which this body, fully obtained a proclamation from power grid, as we discussed with former the Senate, was created. This is a mo- Grayson County Judge Executive Gary Vice President Al Gore last week in the ment that will test this institution. We Logsdon and Governor Steve Beshear Senate Committee on Foreign Rela- must deliberate, we must debate, we designating the last week in February tions, could become to our economy must decide. There are no easy choices as Entrepreneurship Week in the Com- what the railroads were in the 19th this week. There will be no easy votes. monwealth of Kentucky and in Gray- century, what the highways were to But I am convinced the Senate will son County. The group was also hon- postwar America, and what the Inter- meet this test, just as I am convinced ored with a citation from the Kentucky net has meant to our digital age. And our country will meet the test of these House of Representatives. as we discussed last week in the Judici- extraordinary times. DECA is a wonderful example of stu- ary Committee, we can revolutionize Mr. President, I yield the floor. dents striving for excellence both in

VerDate Nov 24 2008 02:19 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.049 S02FEPT1 jbell on PROD1PC69 with SENATE S1274 CONGRESSIONAL RECORD — SENATE February 2, 2009 education and community. Mr. Presi- season there before moving on to Win- There being no objection, the mate- dent, I ask my colleagues to join with chester, where he has been ever since. rial was ordered to be printed in the ‘‘When I started coaching I had curly me in recognizing Grayson County RECORD, as follows: brown hair,’’ joked Tremblay. ‘‘Now look at DECA’s hard work and dedication to me. They call me the ‘silver fox.’’’ As a small business owner, the price of gas education, community, and Kentucky. Tremblay’s passion and knowledge of the is close to putting me out of work. The econ- f sport of wrestling, as well as coaching in omy is a little slow right now but only be- cause of the price of fuel. If fuel prices were (At the request of MR. REID, the fol- general, makes him stand out and places him into an elite group. to drop a buck a gallon, the country would lowing statement was ordered to be ‘‘He has such a love for the sport,’’ said see a huge increase in spending. At this mo- printed in the RECORD.) Tremblay’s son Travis, who grappled for his ment, I am unsure if I will be able to even TRIBUTE TO LARRY TREMBLAY father for four years before graduating in pay my bills this month to keep my business 2005. ‘‘It’s all he talks about. He loves it.’’ open or a roof over my head. The burden of ∑ Mr. KENNEDY. Mr. President, today The night began at 103, where, despite put- fuel prices and the lack of work for me have I am pleased to introduce a resolution ting up a big fight, Nick Cashion was pinned begun to put a huge stress on my relation- acknowledging the outstanding by Carver’s Paul Walsh. ship at home. She will now have to cover my achievement of an extraordinary high Although it would have been hard for any- share of the bills and will leave us both to school athletic coach. On January 21 one to steal Tremblay’s thunder on this figure out how to feed the kids, pay bills and night, Sachem 119-pound grappler Connor buy fuel. this year, Larry Tremblay achieved his Gregory managed to receive some well-de- I am 41 years old and have been in the 500th career victory as coach of the served recognition as well. Gregory earned a same profession for over 17 years. The wrestling team at Winchester High 14-3 major over Carver’s Matt Walsh, giving thought of having to start over and train for School in Winchester, MA. After 29 him 100 career victories. a new job is very tough. I have looked for years of success, Coach Tremblay’s Mike Barber (125) pinned Carver’s Steve part-time work in hopes something will be outstanding career reached that mile- Mayne; Winchester’s Fernando Monroy (130) done about fuel prices allowing me to save pinned James Blankship. my business. There is very little work out stone, with his victory over Carver Ryan Connolly (135) earned a first-period High School. there, and the work that is there pays so lit- pin over Carver’s Brandon English, and Win- tle it would cost more in fuel to get to work Mr. Tremblay is one of only three chester grappler Dan O’Connell (140) earned a then you would make at work. This country Massachusetts coaches who have ever 14-4 major decision by defeating Steve is in need of something to be done about fuel accomplished this feat. Coming off two Scampoli. prices, if they continue to rise we are going back-to-back State championship Sachem John Williams (145) pinned to see a lot of people homeless, stealing, or years, and his induction to the Na- Carver’s Mike Cabral in the second period, worse to just get by. It is time for this gov- tional High School Wrestling Coaches and at 189, Winchester’s Greg Kelley pinned ernment to take charge and save its people Corey Ellis at 1:06 of the first period. before it is too late. Hall of Fame, the Winchester High The match officially concluded when An- KEN, Kuna. Wrestling team is riding high under the drew Moranian pinned Carver’s Sean remarkable leadership of Coach Mahoney in 1:31. I work at the border of Idaho and Canada. Tremblay. Appropriately the nickname ‘‘These are special kids, and considering Eastport, Idaho to be exact. This is 33 miles of the school’s beloved coach is ‘‘Larry what the previous two teams did there is a from Bonners Ferry. Many of us work here, legend’’ for his latest incredible mile- lot of pressure on them,’’ said Tremblay. at Customs and at the brokerages as well as ‘‘They’re trying to build their own niche. stone, and I commend Coach Tremblay a hand full of other businesses. Some of us They wrestle to the best of their ability. Not carpool when we can. for his skill and dedication and hard only have they done a good job on the mat, work throughout his years as Win- I want to ask you to help us get public but they’ve done a good job representing the transportation in this northernmost area of chester High Wrestling Coach. A recent town of Winchester.’’ Idaho. We need it. It will help all of us article will be of interest to all my col- After the match, Tremblay received rec- through this crippling gas price debacle as leagues in the Senate, and I ask unani- ognition for his accomplishment on the place well as create a needed resource for everyone mous consent that it may be printed in he knows best—the wrestling mat. in Boundary and Bonner County. If I take ‘‘This really isn’t a glamorous sport, but time to write out a plan, will you seriously the RECORD. the whole wrestling community is like a look at it and help us with grants and re- There being no objection, the mate- family,’’ said Tremblay. It’s a special thing. sources if feasible? The plan would be an idea rial was ordered to be printed in the Tonight, when I saw all the parents and the of course, as I am not a grant writer, but I RECORD, as follows: alumni in the stands, I got a little emo- am banking on you to have that kind of re- tional. This has been a great ride.’’∑ ‘‘LARRY LEGEND’’ LIVES ON source. [From the Winchester Star, Jan. 22, 2009] f I think it is feasible and needs to be. We Winchester, MA—Winchester High wres- IDAHOANS SPEAK OUT ON HIGH should all have a focus on the future instead of cowering in fear because we do not know tling Coach Larry Tremblay entered Wednes- ENERGY PRICES day night’s home match against Carver with how to move ahead, simply because we can- 499 career victories. Mr. CRAPO. Mr. President, in mid- not afford to live as we did, driving the big- Sachem alumni, fans and friends packed June, I asked Idahoans to share with gest most powerful cars and trucks, without the gym to witness Tremblay achieve a feat me how high energy prices are affect- regard to the future, instead of conserving only two other Massachusetts high school ing their lives, and they responded by and investing in alternatives. It is not too wrestling coaches have accomplished—500. the hundreds. The stories, numbering late. His 2008-09 squad made sure he left with the First things first. We all need to get to well over 1,200, are heartbreaking and work and I think public transportation elusive, impressive and historic number. touching. While energy prices have With five scheduled matches remaining on would be something people would pay taxes the night, Sachem 152-pound grappler Mike dropped in recent weeks, the concerns for in these parts. Greco pinned Carver’s Mike Babbin in the expressed remain very relevant. To re- I am including an email sent to me about second period. That win sealed up not only a spect the efforts of those who took the alternative ‘‘air’’ cars. It seems other coun- convincing 53-6 victory for the Sachems, but opportunity to share their thoughts, I tries have found solutions in alternative it also gave Tremblay the milestone. am submitting every e-mail sent to me means for transportation public and private. Why is it that our country does not ‘‘ap- ‘‘You don’t get into to coaching to win 500 through an address set up specifically matches or games,’’ said Tremblay. ‘‘But one prove’’ these vehicles that run on ‘‘air’’? It for this purpose to the CONGRESSIONAL day I looked up and I had 100 wins, and then does not make any sense, other than the gov- I looked up another day and it was 300. I’ve RECORD. This is not an issue that will ernment is protecting the profits of corpora- had a lot of fun coaching here.’’ be easily resolved, but it is one that de- tions. Despite being undermanned, Tremblay serves immediate and serious atten- AMAZING AIR CAR credited Carver—a program that won the tion, and Idahoans deserve to be heard. The Compressed Air Car developed by New England championship in 1994—with Their stories not only detail their Motor Development International (MDI) wrestling a strong match. struggles to meet everyday expenses, Founder Guy Negre might be the best thing ‘‘My hat goes off to them,’’ said the coach. but also have suggestions and rec- to have happened to the motor engine in ‘‘They made the long trip up here, and they ommendations as to what Congress can years. wrestled hard.’’ The $12,700 CityCAT, one of the planned The 160-pound, 171, 112 and heavyweight do now to tackle this problem and find Air Car models, can hit 68 mph and has a classes were all ruled ‘‘no contests.’’ solutions that last beyond today. I ask range of 125 miles. It will take only a few Tremblay began coaching wrestling at unanimous consent to have today’s let- minutes for the CityCAT to refuel at gas sta- North Reading 29 years ago. He spent one ters printed in the RECORD. tions equipped with custom air compressor

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What can be better than air? Allow tax incentives for renewable forms the prices of gas and groceries have gone up, I am not sure, I would like to think our of energy. people have reduced their spending consider- government had what is good for all, not just As for me, my expenditures for fuel have ably. The last thing anyone is going to do is the rich. gone from $200 a month to $400 a month. go into RC Willey and spend money on home I would buy one of these ‘‘air’’ cars in a Combine this with increased food costs, in- furnishings or electronics. Since my husband minute. I commute 33 miles each way to the creases in my housing expenses, and other installs home theater systems, and services Idaho/Canadian border everyday. It is a oil-related costs and my personal life style furniture repairs, this directly affects him, struggle as I am a single mom and every has changed dramatically. Fortunately, I and with him being commission, our pay- penny is spent to keep body and soul to- live in a community that is very close to the checks has shrunk considerably. We went gether in my family. Nothing is left as it is; recreational activities that I enjoy. from being able to pay all of our bills, and it just galls me to see my local gas stations STEVEN. have a couple of extra hundred dollars left (seems like) daily gas price hike. One gas over to now wondering how we are going to station even got an digital sign, I assume be- It became apparent to me on vacation this pay the house payment on the first, much cause he had to go out there so often to year that many of the world’s hard-to-reach less any of the other bills. We have to decide change the numbers; now he just presses but- locations (i.e. most islands such as Hawaii) what is more important to pay. The stimulus tons from his office to make the price go up. are diesel-powered. The thought of powering package was spent on paying our bills, to I am afraid of what is to come, if our gov- an entire island or island chain on diesel keep us afloat. It did not go back into the ernment does not really focus on alter- power alone is sickening, and this is just one economy. natives. Why go after oil reserves in our of the many hydrocarbon dependent loca- One possibility we are looking at is for me country when that is not a long-term solu- tions. My recommendation is to get nuclear to go back to work. Two problems with that, tion? Why not really hit hard and support al- power off the cutting room floor and get the we are not okay with someone else raising ternatives that are sustainable? I get no se- U.S. government to build an infrastructure our kids and we should not have to be forced curity out of new oil finds. It is a short-term of power-supplying plants across the nation. into that, and second we would probably solution. I would think we should think With a large nuclear energy source we would spend more on gas than I would make in an about future generations, our own children, be able to implement electromagnetic ‘‘bul- income so now it is not worth it. Now we and their children. What will they do? We let trains’’ between major U.S. cities cutting look at the possibility of my husband taking need to solve it now, not put off the inevi- down on highway and sky-way travel making a second job, which now means even less table. business commutes shorter and less carbon time with his family. Forget about the finan- LEAH. dependent. cial suffering this is bringing on most people, This endeavor would be 1,000 times larger but let us take a look at what it is doing to How this Idaho family deals with high en- and more expensive than the U.S. interstate the family unit. It is hurting most families ergy prices: program but it is important to streamline emotionally, and time wise, which means the We drive less and slower. We have changed this country rather than go down the path kids suffer. Why should my children or any- out incandescent bulbs for compact flores- that we have been going for years. one else’s suffer because the oil companies cent bulbs, and turn them off when not in I have many more ideas but would like to want to get richer. the room. We focused on increasing the en- keep things short. Thanks for your time and Oil company’s report record profits, and ergy efficiency of our house this winter. for asking for citizen input. are giving their retiring CEOs outrageous Nothing this Congress, or any Congress REESE. severance packages (Lee Raymond chairman since the 70s has done or appears to be plan- of Exxon given $400 million), while the rest ning helps us with the costs of energy. Quit Please get us off of oil dependency. That is of us suffer horrible at their hands. Please promoting legislation helping big oil. Poking what alternative energy is all about. How explain to me why someone needs that kind a few more holes in obscure, sensitive or sce- stupid can we be to only have 1–2% alter- of money to retire on and my kids face the nic areas will not provide immediate or long native energy? possibility of losing their home? And to add term relief. Pandering to the automobile GARY. insult to injury, they have the nerve to lobby will not improve automobile fuel effi- make the statement that they are only mak- ciency needed by the average person. Get in Everyone is affected by the high prices of ing pennies on every dollar. It is not just the front of the quickly forming parade of com- fuel; even people that do not drive cars are gas either, because it is affecting everyone mon people advocating real solutions. affected by this. Costs for shipping, because (other than the super rich) now other compa- As usual, if I get any reply to this, it will of fuel prices, have risen dramatically and nies are forced to raise their prices just to be a form letter that completely ignores the that cost is passed to the consumer. maintain a minimal profit, which further fact that there are opinions in Idaho that do The short-term solution to our oil depend- hurts the general public, and now everything not match yours. ence is to drill here, offshore and ANWR, has become unaffordable, not just gas. MICHAEL. until a long-term alternative is provided. We try to do our best at buying cheap, and ANGIE. we buy the off-brands, and we shop sales ads, First, I would like to express my thanks and we limit how much we drive. But again for your seeking comments on the energy Thank you very much for taking the time you run into problems there. When you buy mess. These are my thoughts: to seek input from Idaho citizens on the cur- cheap you get exactly that—cheap. Stuff There should be a windfall tax on oil that rent energy crisis. breaks, groceries are going bad quicker (we is produced from older domestic wells. These I live with my wife and three children in bought a head of lettuce on Friday, and by wells have been producing—say over 10 years Meridian but work at the Air Force Base in Monday it was rotted, along with the onions and the cost of production has been re- Mountain Home. Even though I drive a fuel- we bought, and the bagels. The cheap brand couped. I own stock in several oil companies; efficient car, my weekly commute cost has of ziplock baggies we bought did not even yet, I feel it is important that the profits risen by over $100 a month. With the associ- close, so we have had to use a whole box of from these wells are put to better use than ated rise in grocery costs, it has become nec- baggies that did not zip close.), and over all dividends to me. The windfall profit should essary for me to take a second job just to af- the quality is just poor. Prices keep going go to help fund alternative fuels, hydrogen ford transportation to work and put food on up, but the quality keeps going down, which infrastructure, and public transportation. my family’s table. I know that this has be- in the end costs you even more money. I stay You are correct when you say that people in come a serious quality of life issue, not just home 90 percent of the time, and when I do the west will suffer more from the high cost for my family but for many Idahoans. go out I drive my car which is a Chevy of gasoline because of distance and the need I realize that even if drilling were begun Malibu Maxx, and it still costs me $50 to $60 to drive more. immediately it would not have that great of to fill up. My husband drives his motorcycle I am new to the nuclear industry and my an effect on current prices and that it could every single day to work to save on gas, and personal experience has opened my eyes to take several years for an impact to be felt in we are still sinking financially, and we do this untapped resource. I believe congress homes across America, but it makes much not have a lot of bills. Where is the fairness should support nuclear and help educate the more sense than waiting even longer. Oil is in the super rich getting even richer at the public to how much energy is produced by not an infinite resource but by expanding detriment of the middle class, to poor class nuclear, the safety record of the industry, drilling we can help to give ourselves a buff- families? That is not the America I was and the progress in managing the waste. er to make the transition to other energy raised and taught about. Power plants that use natural gas and other sources easier and more economical. If the powers to be that are supposed to be hydrocarbon based fuels should be the first Again, thank you for your efforts on our running this country would do their job, we to be replaced with nuclear. Politically, it behalf. would not be in this position. Stop ignoring would be wise to incorporate wind and solar JAMES, Meridian. the United States Constitution. It was put in

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place for a reason, and I am sick and tired of yourself and let people know that you want By Ms. SNOWE (for herself, Mr. ROCKE- it being violated. The Constitution is the their opinion. FELLER, and Mr. CONRAD): foundation of this country, and anyone with PHIL, Boise. S. 363. A bill to make determinations by common sense will tell you, that when you f the United States Trade Representative chip away at the very foundation of some- under title III of the Trade Act of 1974 re- thing, then the entire structure will crum- ADDITIONAL STATEMENTS viewable by the Court of International Trade ble. That is what is happing to the USA. and to ensure that the United States Trade Stop letting the environmentalist run and Representative considers petitions to enforce control everything. If it were not for them, 140TH ANNIVERSARY OF ST. United States trade rights, and for other pur- and the idiots running this country we would MARK’S A.M.E. CHURCH poses; to the Committee on Finance. have already drilled in ANWR Alaska. Or ∑ Mr. KOHL. Mr. President, I wish to f better yet our own, gulf instead of China/ honor St. Mark’s A.M.E. Church, which Cuba/India. By the way, these are two sug- ADDITIONAL COSPONSORS gestions for you to use. has been a part of Milwaukee’s faith S. 132 Let us make this country back into what it community for 140 years and serves as was meant to be, a great place to live, and a shining example for the entire State At the request of Mrs. FEINSTEIN, the raise your children in. Stop selling out the of Wisconsin. name of the Senator from Texas (Mrs. United States of America. In 1869, eight eager Christian men HUTCHISON) was added as a cosponsor of NICK and KASEY, Boise. and women envisioned a ‘‘Church of S. 132, a bill to increase and enhance Allen.’’ This church would uphold the law enforcement resources committed I hope you do not mind, but I am an avid to investigation and prosecution of vio- Glenn Beck listener, and I heard on his show ideals of Richard Allen, a freed slave yesterday that one of Senator Orrin Hatch’s who became the first free African to be lent gangs, to deter and punish violent secretaries or spokespeople told one of his ordained in the Methodist Church. The gang crime, to protect law-abiding citi- constituents that he would not support off- church’s eight founders were led by zens and communities from violent shore drilling. The constituent was calling Ezekiel Gillespie, a prominent figure criminals, to revise and enhance crimi- because he wanted to tell Senator Hatch involved in the Underground Railroad nal penalties for violent crimes, to ex- that he supported it. and the fight for suffrage for African- pand and improve gang prevention pro- I am glad to see you asking directly for grams, and for other purposes. people’s opinion and actually using some of Americans in Wisconsin. The founding the stories on your site. members became an official congrega- S. 322 Let me just say that right now my wife, tion on April 5, 1869, but the church At the request of Mr. SCHUMER, the our baby, and I do not have a car. Well, not was still missing a building to call name of the Senator from Alaska (Mr. one in working condition. See, I have a ’94 home. BEGICH) was added as a cosponsor of S. Geo Metro, but it threw a rod earlier in the Within 2 months, a plot of land was 322, a bill to amend the Internal Rev- year and we just do not have the money to purchased and the church embraced its enue Code of 1986 to equalize the exclu- get a new car. I did find an engine for my new house of worship. Unfortunately, Geo, though, so everything should work out sion from gross income of parking and once we get our economic stimulus check, expenses mounted for nearly a decade transportation fringe benefits and to except for the whole skyrocketing gas prices and the founders were forced to sell a provide for a common cost-of-living ad- thing. portion of their land in order to cover justment, and for other purposes. Right now we have to borrow my parents’ the debt. After a city condemnation re- S. 333 truck if we need a car, which is very fre- quired the razing of St. Mark’s original quently. We are trying to get my wife into At the request of Ms. MIKULSKI, the church, both the clergy and laity in- name of the Senator from Kansas (Mr. school to become a paramedic, but without sisted that a new edifice be erected in BROWNBACK) was added as a cosponsor transportation, we cannot do anything. Back its place. In 1887, they began construc- when gas prices were cheaper, I had less of a of S. 333, a bill to amend the Internal problem borrowing people’s vehicles, but tion of a church which would last into Revenue Code of 1986 to allow an above- these days I cannot stand to borrow some- the 20th century. the-line deduction against individual As the city of Milwaukee continued body’s car because a lot of the time I do not income tax for interest on indebtedness to grow and thrive, so too did the mem- have the cash to put gas back into it. and for State sales and excise taxes Luckily I live really close to where I work, bership of St. Mark’s. The increase in with respect to the purchase of certain so I walk every day. My wife mostly just size prompted the creation of new motor vehicles. stays home with our baby, and both sets of churches in 1914 and again in 1953. our parents live close by. The only thing is, After the Milwaukee Redevelopment S. 354 just the short distances that our parents Program of the 1960s, the construction At the request of Mr. WEBB, the name have to drive to pick us up or take us to the of the Senator from Hawaii (Mr. store or whatever they do is too much. Even of a highway ushered in the demolition having smaller vehicles, like my Geo, does of their 1953 structure. The congrega- INOUYE) was added as a cosponsor of S. not seem to help that much. Before the thing tion grew only stronger and its current 354, a bill to provide that 4 of the 12 broke down I was putting $40–50 in to fill the church truly represents its lasting suc- weeks of parental leave made available thing, and it only has an 8-gallon tank. cess. to a Federal employee shall be paid Let me be frank. I like that you have Given the moniker, ‘‘The Friendly leave, and for other purposes. asked people’s opinions on this subject. High Church,’’ St. Mark’s has continually f gas prices affect everything, as you can prob- proven both its friendliness and its ably see. Food prices are going up because of STATEMENTS ON INTRODUCED faith within Milwaukee. St. Mark’s the money it takes to transport. Anything BILLS AND JOINT RESOLUTIONS that is made with petroleum (which is some- A.M.E. Church holds a special place in thing that people rarely think about) like our State’s history as Wisconsin’s old- By Ms. SNOWE (for herself, Mr. paint products and plastics are going up. Ev- est African-American chartered ROCKEFELLER, and Mr. CONRAD): erything is going up because everybody uses church. St. Mark’s leaders and parish- S. 363. A bill to make determinations gas to get from point A to B, so businesses ioners have stalwartly defended their by the United States Trade Represent- let customers make up the difference by home and shared their devotion with ative under title III of the Trade Act of raising prices. 1974 reviewable by the Court of Inter- It is a pretty simple economic concept, but our Milwaukee community, and this something that should be even simpler is historic church will continue to thrive national Trade and to ensure that the supply and demand. I do not know why any- in the future. On this occasion of St. United States Trade Representative body at this point is against offshore drill- Mark’s 140th anniversary, I want to considers petitions to enforce United ing. And, I do not know why anybody is offer my heartfelt congratulations.∑ States trade rights, and for other pur- against nuclear energy. Sure, plenty of envi- f poses; to the Committee on Finance. ronmentalists are all bonkers about nuclear Ms. SNOWE. Mr. President, the dev- meltdowns and all that, but how many times INTRODUCTION OF BILLS AND astating job losses we are currently in history has that ever happened? Nuclear JOINT RESOLUTIONS seeing across our economy have re- waste from reactors is even becoming less of a factor. The following bills and joint resolu- affirmed my conviction that Congress The long and short of it is really that I tions were introduced, read the first must redirect U.S. international trade support Senators that listen to the people. I and second times by unanimous con- policy toward preserving American think that you should try to get on the news sent, and referred as indicated: jobs through stringent enforcement of

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Mr. CASEY (for himself and Mr. essential in the manufacturing sector, The Trade CLAIM Act would amend VOINOVICH) submitted an amendment in- which since 1994—the year NAFTA the Section 301 process to require the tended to be proposed to amendment SA 98 came into effect—has lost over 4.2 mil- United States Trade Representative to proposed by Mr. INOUYE (for himself and Mr. lion jobs. The economic downturn over act upon an interested party’s petition BAUCUS) to the bill H.R. 1, supra; which was the past year has further decimated to take formal action in cases where a ordered to lie on the table. U.S. manufacturers, which have shed U.S. trade right has been violated, ex- SA 101. Mr. SPECTER submitted an over 600,000 jobs in 2008 alone. cept in instances where: the matter has amendment intended to be proposed to It is no coincidence that this with- amendment SA 98 proposed by Mr. INOUYE already been addressed by the relevant (for himself and Mr. BAUCUS) to the bill H.R. ering of our country’s once-unparal- trade dispute settlement body; the for- 1, supra; which was ordered to lie on the leled manufacturing base took place eign country is taking imminent steps table. during a decade-and-a-half of record to end or ameliorate the effects of the SA 102. Ms. LANDRIEU (for herself, Mr. trade liberalization and increases in practice; taking action would do more GRASSLEY, and Mr. HARKIN) submitted an imports from large, often poorly regu- harm than good to the U.S. economy; amendment intended to be proposed to lated low-cost producers like China and or taking action would cause serious amendment SA 98 proposed by Mr. INOUYE (for himself and Mr. BAUCUS) to the bill India. In Maine, my constituents have harm to the national security of the seen this down-side of trade, with over H.R. 1, supra; which was ordered to lie on the United States. table. 20,000 manufacturing jobs lost since The bill would also grant the U.S. SA 103. Ms. LANDRIEU submitted an 2000, mainly in paper and wood-work- Court of International Trade jurisdic- amendment intended to be proposed to ing industries that have suffered from tion to review de novo USTR’s denials amendment SA 98 proposed by Mr. INOUYE unfair competition from Asian imports. of Section 301 industry petitions to in- (for himself and Mr. BAUCUS) to the bill H.R. To stem the outflow of American vestigate and take enforcement action 1, supra; which was ordered to lie on the table. manufacturing jobs due to trade com- against unfair foreign trade laws or petition with countries that manipu- SA 104. Ms. MIKULSKI (for herself and Mr. practices. Such jurisdiction would in- BROWNBACK) submitted an amendment in- late their currencies, exploit their clude the ability to review USTR deter- tended to be proposed to amendment SA 98 workers or wantonly degrade their en- minations that U.S. trade rights have proposed by Mr. INOUYE (for himself and Mr. vironment, it is essential that we deci- not been violated as alleged in industry BAUCUS) to the bill H.R. 1, supra; which was sively enforce the trade agreements we petitions, and the sufficiency of formal ordered to lie on the table. already have in place. Yet our Govern- actions taken by USTR in response to SA 105. Mr. CASEY submitted an amend- ment intended to be proposed to amendment ment has often failed to take this basic foreign trade laws or practices deter- SA 98 proposed by Mr. INOUYE (for himself but crucial step when confronted with mined to violate U.S. trade rights. egregiously unfair trade practices. and Mr. BAUCUS) to the bill H.R. 1, supra; The Trade CLAIM Act would thus which was ordered to lie on the table. While foreign governments engage in give U.S. businesses and workers a f market-distorting currency manipula- greater say in whether, when and how tion, refuse to protect intellectual U.S. trade rights should be enforced. As TEXT OF AMENDMENTS property rights and turn a blind eye to Ranking Member of the Committee on SA 99. Mr. CASEY submitted an labor exploitation—each a violation of Small Business and Entrepreneurship, I amendment intended to be proposed by trade obligations to the United believe this bill would also be particu- him to the bill H.R. 1, making supple- States—ours all too frequently demurs larly beneficial to small businesses, mental appropriations for job preserva- with communique´s and consultations, which—like other petitioners in Sec- tion and creation, infrastructure in- rather than formal enforcement action. tion 301 cases—currently have no ave- vestment, energy efficiency and What makes this abdication of duty to nue to formally challenge the merits of science, assistance to the unemployed, defend the U.S. economy from unfair USTR’s decisions, and are often and State and local fiscal stabilization, foreign practices especially troubling drowned out by large business interests for fiscal year ending September 30, is that the tools to do so already exist in industry-wide Section 301 actions 2009, and for other purposes; which was in the dispute resolution provisions of initiated by USTR. ordered to lie on the table; as follows; various trade agreements. By providing for judicial review of At the appropriate place, insert the fol- The distressing reality is that U.S. USTR decisions not to enforce U.S. lowing: industry and labor groups are often trade rights, the bill provides for im- SEC. ll. JOINT SELECT COMMITTEE ON ECO- rebuffed in attempts to petition the partial third party oversight by a spe- NOMIC RECOVERY. United States Trade Representative to cialty court not subject to political (a) ESTABLISHMENT AND COMPOSITION.— initiate a formal investigation or bring (1) IN GENERAL.—There is established a and diplomatic pressures. In de-linking Joint Select Committee on Economic Recov- a dispute resolution action under the discreet trade disputes from the mer- relevant multilateral or bilateral trade ery (referred to in this section as the ‘‘joint curial machinations of USTR’s trade committee’’) to be composed of 20 members agreement, as there seems to be consid- liberalization agenda, this Act would as follows: erable institutional momentum among end the sacrifice of individual indus- (A) 10 Members of the House of Representa- senior officials at USTR and elsewhere tries on the negotiating table, and tives, including the Chairman and Ranking in the bureaucracy against bringing allow trade enforcement claims to be Member of the Committee on Ways and formal enforcement action against key decided on their merits. We owe no less Means and the Committee on Appropria- trade partners. Indeed, it is a troubling tions, or their designee, 4 members appointed to the millions of American workers from the majority party by the Speaker of fact that every single one of the peti- whose jobs depend on the level inter- tions brought by business or labor the House, and 2 members from the minority national playing field that can only be party to be appointed by the minority lead- groups in the last 8 years under Sec- guaranteed by their Government con- er. tion 301 of the Trade Act of 1974—the sistently standing up for them against (B) 10 Members of the Senate, including statute setting forth the process by unfair foreign trade practices. the Chairman and Ranking Member of the which members of the public can re- Committee on Finance and the Committee quest that the government enforce of f on Appropriations, or their designee, 4 mem- U.S. trade rights—has been rejected by AMENDMENTS SUBMITTED AND bers appointed from the majority party by USTR, in some instances on the same PROPOSED the majority leader of the Senate, and 2 day they were filed! members from the minority party to be ap- It is to prevent further disregard for SA 99. Mr. CASEY submitted an amend- pointed by the minority leader. ment intended to be proposed by him to the (2) VACANCY.—A vacancy in the joint com- U.S. businesses and workers seeking a bill H.R. 1, making supplemental appropria- mittee shall not affect the power of the re- fair and consequential hearing of their tions for job preservation and creation, in- maining members to execute the functions of concerns with foreign trade practices frastructure investment, energy efficiency the joint committee, and shall be filled in that Senators ROCKEFELLER and and science, assistance to the unemployed, the same manner as the original selection.

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ABOVE-THE-LINE DEDUCTION FOR IN- (b) OVERSIGHT.— TEREST ON INDEBTEDNESS WITH ending September 30, 2009, and for (1) IN GENERAL.—The joint committee shall RESPECT TO THE PURCHASE OF conduct continuing oversight over the imple- other purposes; which was ordered to CERTAIN MOTOR VEHICLES. mentations of this Act with a particular lie on the table; as follows: (a) IN GENERAL.—Paragraph (2) of section focus on— On page 129, line 10, strike ‘‘$2,700,000,000’’ 163(h) of the Internal Revenue Code of 1986 is (A) the success of this Act in creating jobs; and insert ‘‘$9,200,000,000’’. amended— and On page 129, line 11, strike ‘‘$1,350,000,000’’ (1) by striking ‘‘and’’ at the end of subpara- (B) any instances of waste, fraud, and and insert ‘‘$7,850,000,000’’. graph (E), abuse in programs funded by this Act. (2) by striking the period at the end of sub- (2) REPORTS.—The joint committee shall SA 102. Ms. LANDRIEU (for herself, paragraph (F) and inserting ‘‘, and’’, and (3) by adding at the end the following new submit reports to the committees of jurisdic- Mr. GRASSLEY, and Mr. HARKIN) sub- tion, the Senate and House of Representa- subparagraph: mitted an amendment intended to be ‘‘(G) any qualified motor vehicle interest tives, and the general public not less than proposed to amendment SA 98 proposed every 3 months after the date of enactment (within the meaning of paragraph (5)).’’. by Mr. INOUYE (for himself and Mr. of this Act. (b) QUALIFIED MOTOR VEHICLE INTEREST.— (c) RESOURCES AND DISSOLUTION.— BAUCUS) to the bill H.R. 1, making sup- Section 163(h) of the Internal Revenue Code (1) RESOURCES.—The joint committee may plemental appropriations for job pres- of 1986 is amended by adding at the end the utilize the resources of the House of Rep- ervation and creation, infrastructure following new paragraph: resentatives and Senate. investment, energy efficiency and ‘‘(5) QUALIFIED MOTOR VEHICLE INTEREST.— For purposes of this subsection— (2) DISSOLUTION.—The joint committee science, assistance to the unemployed, ‘‘(A) IN GENERAL.—The term ‘qualified shall cease to exist 30 days after September and State and local fiscal stabilization, 30, 2010. motor vehicle interest’ means any interest for fiscal year ending September 30, which is paid or accrued during the taxable SA 100. Mr. CASEY (for himself and 2009, and for other purposes; which was year on any indebtedness which— ‘‘(i) is incurred after November 12, 2008, and Mr. VOINOVICH) submitted an amend- ordered to lie on the table; as follows: On page 251, lines 13 and 14, strike ‘‘hous- before January 1, 2010, in acquiring any ment intended to be proposed to qualified motor vehicle of the taxpayer, and amendment SA 98 proposed by Mr. ing:’’ and insert the following: ‘‘housing: Pro- vided further, That funding used for section ‘‘(ii) is secured by such qualified motor ve- INOUYE (for himself and Mr. BAUCUS) to 2301(c)(3)(E) of the Act shall also be available hicle. the bill H.R. 1, making supplemental to redevelop demolished, blighted, or vacant Such term also includes any indebtedness se- appropriations for job preservation and properties, including those damaged or de- cured by such qualified motor vehicle result- creation, infrastructure investment, stroyed in areas subject to a disaster dec- ing from the refinancing of indebtedness energy efficiency and science, assist- laration by the President under title IV of meeting the requirements of the preceding ance to the unemployed, and State and the Robert T. Stafford Disaster Relief and sentence (or this sentence); but only to the extent the amount of the indebtedness re- local fiscal stabilization, for fiscal year Emergency Assistance Act (42 U.S.C. 5121 et seq.):’’ sulting from such refinancing does not ex- ending September 30, 2009, and for ceed the amount of the refinanced indebted- other purposes; which was ordered to SA 103. Ms. LANDRIEU submitted an ness. lie on the table; as follows: amendment intended to be proposed to ‘‘(B) DOLLAR LIMITATION.—The aggregate amount of indebtedness treated as described On page 36, between lines 3 and 4, insert amendment SA 98 proposed by Mr. the following: in subparagraph (A) for any period shall not INOUYE (for himself and Mr. BAUCUS) to SEC. ll. ASSISTANCE FOR COSTS OF DISTRIB- exceed $49,500 ($24,750 in the case of a sepa- UTING BONUS COMMODITIES. the bill H.R. 1, making supplemental rate return by a married individual). (a) PURPOSES.—The purposes of this section appropriations for job preservation and ‘‘(C) INCOME LIMITATION.—The amount oth- are— creation, infrastrucutre investment, erwise treated as interest under subpara- (1) to encourage States and food assistance energy efficiency and science, assist- graph (A) for any taxable year (after the ap- agencies to accept commodities acquired by ance to the unemployed, and State and plication of subparagraph (B)) shall be re- the Secretary of Agriculture for farm sup- local fiscal stabilization, for fiscal year duced (but not below zero) by the amount which bears the same ratio to the amount port and surplus removal activities; and ending September 30, 2009, and for (2) to offset the costs of the States and which is so treated as— food assistance agencies for the intrastate other purposes; which was ordered to ‘‘(i) the excess (if any) of— transportation, storage, and distribution of lie on the table; as follows: ‘‘(I) the taxpayer’s modified adjusted gross the commodities. On page 194, beginning on line 22, strike income for such taxable year, over (b) COSTS OF DISTRIBUTING BONUS COMMOD- ‘‘$637,875,000’’ and all that follows through ‘‘(II) $125,000 ($250,000 in the case of a joint ITIES.—Section 202 of the Emergency Food ‘‘equipment):’’ on line 13 and insert: return), bears to Assistance Act of 1983 (7 U.S.C. 7502) is ‘‘$757,875,000, to remain available until Sep- ‘‘(ii) $10,000. amended by inserting after subsection (a) the tember 30, 2013, of which $84,100,000 shall be For purposes of the preceding sentence, the following: for child development centers; $481,000,000 term ‘modified adjusted gross income’ means ‘‘(b) COSTS OF DISTRIBUTING BONUS COM- shall be for warrior transition complexes; the adjusted gross income of the taxpayer for MODITIES.— $42,400,000 shall be for health and dental clin- the taxable year increased by any amount ‘‘(1) IN GENERAL.—The Secretary shall use ics (including acquisition, construction, in- excluded from gross income under section funds made available under section 32 of the stallation, and equipment); and $120,000,000 911, 931, or 933. Act of August 24, 1935 (7 U.S.C. 612c), to pro- shall be for the Secretary of the Army to ‘‘(D) QUALIFIED MOTOR VEHICLE.—The term vide funding described in paragraph (2) to el- carry out at least three pilot projects to use ‘qualified motor vehicle’ means a passenger igible recipient agencies to offset the costs the private sector for the acquisition or con- automobile (within the meaning of section of the agencies for intrastate transportation, struction of military unaccompanied hous- 30B(h)(3)) or a light truck (within the mean- storage, and distribution of commodities de- ing for all ranks and locations in the United ing of such section)— scribed in subsection (a). States:’’. ‘‘(i) which is acquired for use by the tax- ‘‘(2) FUNDING.—The Secretary shall provide payer and not for resale after November 12, funding described in paragraph (1) to an eli- SA 104. Ms. MIKULSKI (for herself 2008, and before January 1, 2010, gible recipient agency at a rate equal to the and Mr. BROWNBACK) submitted an ‘‘(ii) the original use of which commences lower of $0.05 per pound or $0.05 per dollar amendment intended to be proposed to with the taxpayer, and value of commodities described in subsection amendment SA 98 proposed by Mr. ‘‘(iii) which has a gross vehicle weight rat- (a) that are made available under this Act ing of not more than 8,500 pounds.’’. to, and accepted by, the eligible recipient INOUYE (for himself and Mr. BAUCUS) to (c) DEDUCTION ALLOWED ABOVE-THE-LINE.— agency.’’. the bill H.R. 1, making supplemental Section 62(a) of the Internal Revenue Code of appropriations for job preservation and 1986 is amended by inserting after paragraph SA 101. Mr. SPECTER submitted an creation, infrastructure investment, (21) the following new paragraph: amendment intended to be proposed to energy efficiency and science, assist- ‘‘(22) QUALIFIED MOTOR VEHICLE INTEREST.— amendment SA 98 proposed by Mr. ance to the unemployed, and State and The deduction allowed under section 163 by reason of subsection (h)(2)(G) thereof.’’. NOUYE AUCUS I (for himself and Mr. B ) to local fiscal stabilization, for fiscal year (d) REPORTING OF QUALIFIED MOTOR VEHI- the bill H.R. 1, making supplemental ending September 30, 2009, and for CLE INTEREST.— appropriations for job preservation and other purposes; which was order to lie (1) IN GENERAL.—Subpart B of part III of creation, infrastructure investment, on the table; as follows: subchapter A of chapter 61 of the Internal

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.024 S02FEPT1 jbell on PROD1PC69 with SENATE February 2, 2009 CONGRESSIONAL RECORD — SENATE S1279 Revenue Code of 1986 is amended by adding through (xxiii), respectively, and by insert- amounts of any State or local sales or excise at the end the following new section: ing after clause (xii) the following new taxes paid or accrued by the taxpayer in con- ‘‘SEC. 6050X. RETURNS RELATING TO QUALIFIED clause: nection with the acquisition of a qualified MOTOR VEHICLE INTEREST RE- ‘‘(xvi) section 6050X (relating to returns re- motor vehicle, the aggregate amount of such CEIVED IN TRADE OR BUSINESS lating to qualified motor vehicle interest re- indebtedness taken into account under such FROM INDIVIDUALS. ceived in trade or business from individ- subparagraph shall be reduced, but not below ‘‘(a) QUALIFIED MOTOR VEHICLE INTEREST.— uals),’’. zero, by the amount of any such taxes for Any person— (D) Paragraph (2) of section 6724(d) of such which a deduction is allowed under section ‘‘(1) who is engaged in a trade or business, Code is amended by striking the period at 164(a) by reason of paragraph (6) thereof.’’, and the end of subparagraph (DD) and inserting and ‘‘(2) who, in the course of such trade or ‘‘, or’’ and by inserting after subparagraph (2) by inserting ‘‘, after the application of business, receives from any individual inter- (DD) the following new subparagraph: subparagraph (E),’’ after ‘‘for any period’’ in est aggregating $600 or more for any calendar ‘‘(EE) section 6050X(d) (relating to returns subparagraph (B). year on any indebtedness secured by a quali- relating to qualified motor vehicle interest (d) DEDUCTION ALLOWED ABOVE-THE-LINE.— fied motor vehicle (as defined in section received in trade or business from individ- Section 62(a) of the Internal Revenue Code of 163(h)(5)(D)), uals).’’. 1986, as amended by section 1, is amended by shall make the return described in sub- (3) CLERICAL AMENDMENT.—The table of inserting after paragraph (22) the following section (b) with respect to each individual sections for subpart B of part III of sub- new paragraph: from whom such interest was received at chapter A of chapter 61 of such Code is ‘‘(23) QUALIFIED MOTOR VEHICLE TAXES.— The deduction allowed under section 164 by such time as the Secretary may by regula- amended by inserting after the item relating reason of subsection (a)(6) thereof.’’. tions prescribe. to section 6050W the following new item: (e) EFFECTIVE DATE.—The amendments ORM AND MANNER OF RETURNS.—A re- ‘‘(b) F ‘‘Sec. 6050X. Returns relating to qualified made by this section shall apply to taxable turn is described in this subsection if such motor vehicle interest received years beginning after December 31, 2008. return— in trade or business from indi- ‘‘(1) is in such form as the Secretary may viduals.’’. SA 105. Mr. CASEY submitted an prescribe, (e) EFFECTIVE DATE.—The amendments amendment intended to be proposed to ‘‘(2) contains— made by this section shall apply to taxable amendment SA 98 proposed by Mr. ‘‘(A) the name and address of the indi- years beginning after December 31, 2008. vidual from whom the interest described in INOUYE (for himself and Mr. BAUCUS) to subsection (a)(2) was received, SEC. —. ABOVE-THE-LINE DEDUCTION FOR STATE the bill H.R. 1, making supplemental SALES TAX AND EXCISE TAX ON THE appropriations for job preservation and ‘‘(B) the amount of such interest received PURCHASE OF CERTAIN MOTOR VE- for the calendar year, and HICLES. creation, infrastructure investment, ‘‘(C) such other information as the Sec- (a) IN GENERAL.—Subsection (a) of section energy efficiency and science, assist- retary may prescribe. 164 of the Internal Revenue Code of 1986 is ance to the unemployed, and State and ‘‘(c) APPLICATION TO GOVERNMENTAL amended by inserting after paragraph (5) the local fiscal stabilization, for fiscal year UNITS.—For purposes of subsection (a)— following new paragraph: ending September 30, 2009, and for ‘‘(1) TREATED AS PERSONS.—The term ‘per- ‘‘(6) Qualified motor vehicle taxes.’’. other purposes; which was ordered to son’ includes any governmental unit (and (b) QUALIFIED MOTOR VEHICLE TAXES.— lie on the table; as follows: any agency or instrumentality thereof). Subsection (b) of section 164 of the Internal On page 428, between lines 11 and 12, insert ‘‘(2) SPECIAL RULES.—In the case of a gov- Revenue Code of 1986 is amended by adding the following: ernmental unit or any agency or instrumen- at the end the following new paragraph: Subtitle D—Reports by the Government tality thereof— ‘‘(6) QUALIFIED MOTOR VEHICLE TAXES.— Accountability Office ‘‘(A) subsection (a) shall be applied without ‘‘(A) IN GENERAL.—For purposes of this sec- regard to the trade or business requirement tion, the term ‘qualified motor vehicle taxes’ SEC. 1551. REPORTS BY THE GOVERNMENT AC- contained therein, and means any State or local sales or excise tax COUNTABILITY OFFICE. (a) REPORTS BY INSPECTORS GENERAL.—The ‘‘(B) any return required under subsection imposed on the purchase of a qualified motor inspector general of each agency that re- (a) shall be made by the officer or employee vehicle (as defined in section 163(h)(5)(D)). ceives funds appropriated under this Act, appropriately designated for the purpose of ‘‘(B) DOLLAR LIMITATION.—The amount shall submit reports on the oversight activi- making such return. taken into account under subparagraph (A) ties of that inspector general with respect to ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- for any taxable year shall not exceed $49,500 VIDUALS WITH RESPECT TO WHOM INFORMA- such funds to the Government Account- ($24,750 in the case of a separate return by a ability Office in a form, containing such in- TION IS REQUIRED.—Every person required to married individual). make a return under subsection (a) shall fur- formation, and at such times as the Comp- ‘‘(C) INCOME LIMITATION.—The amount oth- troller General of the United States may de- nish to each individual whose name is re- erwise taken into account under subpara- quired to be set forth in such return a writ- termine to enable the Comptroller General graph (A) (after the application of subpara- to submit the reports required under sub- ten statement showing— graph (B)) for any taxable year shall be re- section (b). ‘‘(1) the name, address, and phone number duced (but not below zero) by the amount (b) REPORTS BY THE GOVERNMENT ACCOUNT- of the information contact of the person re- which bears the same ratio to the amount ABILITY OFFICE.— quired to make such return, and which is so treated as— (1) IN GENERAL.—The Comptroller General ‘‘(2) the aggregate amount of interest de- ‘‘(i) the excess (if any) of— of the United States shall submit 3 reports scribed in subsection (a)(2) received by the ‘‘(I) the taxpayer’s modified adjusted gross to Congress that contain— person required to make such return from income for such taxable year, over (A) a summary of the oversight activities the individual to whom the statement is re- ‘‘(II) $125,000 ($250,000 in the case of a joint of the offices of inspectors general described quired to be furnished return), bears to under subsection (a) relating to funds appro- The written statement required under the ‘‘(ii) $10,000. priated under this Act; and preceding sentence shall be furnished on or For purposes of the preceding sentence, the (B) an evaluation of the effectiveness of before January 31 of the year following the term ‘modified adjusted gross income’ means this Act. calendar year for which the return under the adjusted gross income of the taxpayer for (2) SUBMISSION DATES.—The reports under subsection (a) was required to be made. the taxable year increased by any amount this subsection shall be submitted not later ‘‘(e) RETURNS WHICH WOULD BE REQUIRED excluded from gross income under section than— TO BE MADE BY 2 OR MORE PERSONS.—Except 911, 931, or 933. (A) 120 days after the date of enactment of to the extent provided in regulations pre- ‘‘(D) QUALIFIED MOTOR VEHICLE TAXES NOT this Act; scribed by the Secretary, in the case of inter- INCLUDED IN COST OF ACQUIRED PROPERTY.— (B) 180 days after that date of enactment; est received by any person on behalf of an- The last sentence of subsection (a) shall not and other person, only the person first receiving apply to any qualified motor vehicle taxes. (C) 240 days after that date of enactment. such interest shall be required to make the ‘‘(E) COORDINATION WITH GENERAL SALES f return under subsection (a).’’. TAX.—This paragraph shall not apply in the (2) AMENDMENTS RELATING TO PENALTIES.— case of a taxpayer who makes an election PRIVILEGES OF THE FLOOR (A) Section 6721(e)(2)(A) of such Code is under paragraph (5) for the taxable year.’’. Mr. BAUCUS. Mr. President, I ask amended by striking ‘‘or 6050L’’ and insert- (c) CONFORMING AMENDMENTS.—Paragraph unanimous consent that the following ing ‘‘6050L, or 6050X’’. (5) of section 163(h) of the Internal Revenue fellows, detailees, and interns of the (B) Section 6722(c)(1)(A) of such Code is Code of 1986, as added by section 1, is amend- amended by striking ‘‘or 6050L(c)’’ and in- ed— Finance Committee be allowed floor serting ‘‘6050L(c), or 6050X(d)’’. (1) by adding at the end the following new privileges during the consideration of (C) Subparagraph (B) of section 6724(d)(1) of subparagraph: the America Recovery and Reinvest- such Code is amended by redesignating ‘‘(E) EXCLUSION.—If the indebtedness de- ment Act: Mary Baker, Randy clauses (xvi) through (xxii) as clauses (xvii) scribed in subparagraph (A) includes the Debastiani, Pete Harvey, Laura

VerDate Nov 24 2008 03:21 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.027 S02FEPT1 jbell on PROD1PC69 with SENATE S1280 CONGRESSIONAL RECORD — SENATE February 2, 2009 Hoffmeister, Matt Kazan, Michael Lon- tion to Senator BYRD from the Office of which both Houses are in session following don, Bridget Mallon, Vincent Mascia, Compliance related to the USERRA such transmittal.’’ Toni Miles, Aris Prosetiyo, Leslee regulations be printed in the RECORD. The Board of Directors of the Office of Soudrette, Dan Stein, and Kelly Whit- The PRESIDING OFFICER. Without Compliance has adopted the proposed regula- ener. tions in the Notice of Adoption of Sub- objection, it is so ordered. stantive Regulations and Transmittal for The ACTING PRESIDENT pro tem- OFFICE OF COMPLIANCE, Congressional Approval which accompany pore. Without objection, it is so or- Washington, DC, January 26, 2009. this transmittal letter. The Board requests dered. Re USERRA regulations. that the accompanying Notice, ‘‘S’’ and ‘‘C’’ Mr. REID. Mr. President, I ask unan- Hon. ROBERT C. BYRD, versions of the Adopted Regulations, and the imous consent that legislative fellows President pro tempore, U.S. Senate, Hart Office Numbering Index be published in the Senate Building, Washington, DC. in the office of Senator KENNEDY, version of the Congressional Record on the Lauren Gilchrist, Craig Martinez, DEAR SENATOR BYRD: Section 304(b)(3) of first day on which both Houses are in session Stephanie Hammonds, Taryn the Congressional Accountability Act of 1995 following receipt of this transmittal. The (CAA), 2 U.S.C. 1384(b)(3), requires that, with Board also requests that Congress approve Morrissey, Joe Hutter, and Elisabeth regard to substantive regulations under the the proposed Regulations, as further speci- Jacobs be granted floor privileges dur- CAA, after the Board has published a general fied in the accompanying Notice. ing the consideration of H.R. 1. notice of proposed rulemaking as required by Any inquiries regarding the accompanying The PRESIDING OFFICER. Without subsection (b)(1), and received comments as Notice should be addressed to Tamara E. objection, it is so ordered. required by subsection (b)(2), ‘‘the Board Chrisler, Executive Director of the Office of shall adopt regulations and shall transmit Compliance, 110 2nd Street, S.E., Room LA– f notice of such action together with a copy of 200, Washington, D.C. 20540; 202–724–9250, TDD USERRA REGULATIONS such regulations to the Speaker of the House 202–426–1912. of Representatives and the President pro Sincerely, Mr. KAUFMAN. Mr. President, I ask tempore of the Senate for publication in the SUSAN S. ROBFOGEL, unanimous consent that a communica- Congressional Record on the first day on Chair of the Board of Directors.

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/30 here ES21FE09.030 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1311

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/31 here ES21FE09.031 S1312 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/32 here ES21FE09.032 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1313

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/33 here ES21FE09.033 S1314 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/34 here ES21FE09.034 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1315

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/35 here ES21FE09.035 S1316 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/36 here ES21FE09.036 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1317

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/37 here ES21FE09.037 S1318 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/38 here ES21FE09.038 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1319

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/39 here ES21FE09.039 S1320 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/40 here ES21FE09.040 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1321

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/41 here ES21FE09.041 S1322 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/42 here ES21FE09.042 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1323

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/43 here ES21FE09.043 S1324 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/44 here ES21FE09.044 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1325

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/45 here ES21FE09.045 S1326 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/46 here ES21FE09.046 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1327

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/47 here ES21FE09.047 S1328 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/48 here ES21FE09.048 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1329

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/49 here ES21FE09.049 S1330 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/50 here ES21FE09.050 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1331

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/51 here ES21FE09.051 S1332 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/52 here ES21FE09.052 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1333

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/53 here ES21FE09.053 S1334 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/54 here ES21FE09.054 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1335

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/55 here ES21FE09.055 S1336 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/56 here ES21FE09.056 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1337

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/57 here ES21FE09.057 S1338 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/58 here ES21FE09.058 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1339

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/59 here ES21FE09.059 S1340 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/60 here ES21FE09.060 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1341

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/61 here ES21FE09.061 S1342 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/62 here ES21FE09.062 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1343

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/63 here ES21FE09.063 S1344 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/64 here ES21FE09.064 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1345

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/65 here ES21FE09.065 S1346 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/67 here ES21FE09.067 S1348 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/68 here ES21FE09.068 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1349

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/69 here ES21FE09.069 S1350 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/70 here ES21FE09.070 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1351

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/71 here ES21FE09.071 S1352 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/72 here ES21FE09.072 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1353

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/73 here ES21FE09.073 S1354 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/74 here ES21FE09.074 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1355

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/75 here ES21FE09.075 S1356 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/76 here ES21FE09.076 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1357

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/77 here ES21FE09.077 S1358 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/79 here ES21FE09.079 S1360 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/81 here ES21FE09.081 S1362 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/83 here ES21FE09.083 S1364 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/85 here ES21FE09.085 S1366 CONGRESSIONAL RECORD — SENATE February 2, 2009

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VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/87 here ES21FE09.087 S1368 CONGRESSIONAL RECORD — SENATE February 2, 2009

VerDate Nov 24 2008 02:23 Feb 03, 2009 Jkt 079060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.022 S02FEPT1 jbell on PROD1PC69 with SENATE Insert offset folio 803/88 here ES21FE09.088 February 2, 2009 CONGRESSIONAL RECORD — SENATE S1369 APPOINTMENT of proceedings be approved to date, the ADJOURNMENT UNTIL 10 A.M. The PRESIDING OFFICER. The morning hour be deemed expired, the TOMORROW time for the two leaders be reserved for Chair, on behalf of the Republican Mr. KAUFMAN. If there is no further their use later in the day, and the Sen- leader, pursuant to Public Law 105–83, business to come before the Senate, I ate then resume consideration of H.R. announces the appointment of the fol- ask unanimous consent that it stand 1, the Economic Recovery and Rein- lowing individual to serve as a member adjourned under the previous order. of the National Council of the Arts: vestment Act; further, that the Senate stand in recess from 12:30 p.m. to 2:15 There being no objection, the Senate, The Honorable ROBERT BENNETT of at 8:07 p.m., adjourned until Tuesday, Utah. p.m. to allow for the weekly caucus luncheons. February 3, 2009, at 10 a.m. f The PRESIDING OFFICER. Without ORDERS FOR TUESDAY, objection, it is so ordered. f FEBRUARY 3, 2009 f CONFIRMATION Mr. KAUFMAN. Mr. President, I ask unanimous consent that when the Sen- PROGRAM Executive nomination confirmed by ate completes its business today, it Mr. KAUFMAN. Mr. President, Sen- the Senate Monday, February 2, 2009: stand in adjournment until 10 a.m. ators should be prepared for a long day DEPARTMENT OF JUSTICE Tuesday, February 3; that following tomorrow, with votes on numerous ERIC H. HOLDER, JR., OF THE DISTRICT OF COLUMBIA, the prayer and the pledge the Journal amendments throughout the day. TO BE ATTORNEY GENERAL.

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