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

Vol. 156 WASHINGTON, TUESDAY, SEPTEMBER 28, 2010 No. 132 The Senate met at 10 a.m. and was Senator from the State of New Hampshire, me. There will be other times I will say called to order by the Honorable to perform the duties of the Chair. more about ARLEN SPECTER, but I JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, think it is appropriate to say a few President pro tempore. State of New Hampshire. words today about ARLEN SPECTER. Mrs. SHAHEEN thereupon assumed After the beginning of the year, he will PRAYER the chair as Acting President pro tem- no longer be with us as a Senator. The Chaplain, Dr. Barry C. Black, of- pore. I have followed very closely his ca- fered the following prayer: f reer. I have read his book—he has writ- ten a number, but I read the book Immortal, Invisible God Only Wise, RECOGNITION OF THE MAJORITY about his life—and it was fascinating, the kingdom, the power, and the glory LEADER belong to You. Make us to lie down in about his prosecutorial skills in Penn- green pastures and lead us beside still The ACTING PRESIDENT pro tem- sylvania. waters. pore. The majority leader is recog- We all know of his academic ap- Lord, forgive us for peaceful talk and nized. proach to the law in the Senate. When belligerent attitudes. In their quest for f he comes to the floor, he is someone who speaks after having given serious, the best for all people, sensitize our SCHEDULE lawmakers’ consciences to hear Your long thought to what he was going to voice, obey Your precepts, and to em- Mr. REID. Following any leader re- talk about, as I am sure he will today. brace justice, righteousness, and peace. marks, there will be a period of morn- I have spoken in recent days with him Deliver them from that pride that re- ing business until 11:10 this morning, at great length about something he fuses to acknowledge Your rule among with Senators permitted to speak for strongly believes in; that is, making the nations. Let integrity be the hall- up to 10 minutes each, during which the Supreme Court something the mark of their character. Help them to Senators may make tributes to the American people can identify with by see that real security is found only in late Senator . having cameras in and watching the ar- You. At 11:10 a.m., there will be 20 minutes guments before the Supreme Court, not We pray in Your sacred Name. Amen. for debate prior to a rollcall vote on having to read a stale transcript but the motion to invoke cloture on the listen to the give-and-take of the law- f motion to proceed to S. 3816, the Cre- yers and the Court. PLEDGE OF ALLEGIANCE ating American Jobs and Ending As I said, I will have a lot more to Offshoring Act, with the time equally say about ARLEN SPECTER at some time The Honorable JEANNE SHAHEEN led divided and controlled between the two the Pledge of Allegiance, as follows: in the future, but I have appreciated leaders or their designees. At 11:30 his astute awareness of the law and his I pledge allegiance to the Flag of the a.m., the Senate will proceed to a roll- being so good to me. It doesn’t matter United States of America, and to the Repub- call vote on the motion to invoke clo- lic for which it stands, one nation under God, whether he is a Democrat or a Repub- indivisible, with liberty and justice for all. ture on the motion to proceed to the lican, he is a Senator who I think is ex- offshoring bill. If cloture is not in- emplary. f voked, there would be a second vote on f APPOINTMENT OF ACTING the motion to invoke cloture on the RECOGNITION OF THE MINORITY PRESIDENT PRO TEMPORE motion to proceed to H.R. 3081, the leg- islative vehicle for the continuing reso- LEADER The PRESIDING OFFICER. The lution. The ACTING PRESIDENT pro tem- clerk will please read a communication As a reminder, former Senator Ted pore. The Republican leader is recog- to the Senate from the President pro Stevens will be laid to rest at Arling- nized. tempore (Mr. INOUYE). ton National Cemetery at 1 p.m. today. f The legislative clerk read the fol- Buses will depart the Senate steps at lowing letter: 12:15 p.m. today. A POLITICAL EXERCISE U.S. SENATE, f Mr. MCCONNELL. Madam President, PRESIDENT PRO TEMPORE, the American people have been speak- Washington, DC, September 28, 2010. HONORING ARLEN SPECTER To the Senate: ing out for a year and a half. They have Under the provisions of rule I, paragraph 3, Mr. REID. Madam President, as I wanted Democrats in Washington to of the Standing Rules of the Senate, I hereby came into the Chamber, I saw my focus on the economy and on jobs. appoint the Honorable JEANNE SHAHEEN, a friend ARLEN SPECTER standing behind What they got instead was a budget

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

S7565

.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7566 CONGRESSIONAL RECORD — SENATE September 28, 2010 that explodes the national debt, a $1 guished Flying Cross for his service in MORNING BUSINESS trillion stimulus that failed to hold un- the Army Air Corps during World War The ACTING PRESIDENT pro tem- employment down to the levels we II, Ted was, during his earliest days, an pore. Under the previous order, there were told it would, a health spending adventurer, a fighter, and a patriot. He will now be a period for the transaction bill that is already leading to higher lived an incredibly full life, most of it of morning business until 11:10 a.m., in service to his Nation and more spe- costs, and a raft of other bills that ex- with Senators permitted to speak pand Washington’s role in people’s cifically to his State. His colleagues in the Senate admired therein for up to 10 minutes each. lives. The Senator from . With just 3 days left in the Demo- and even sometimes feared him, but crat’s 2-year experiment in expanded Alaskans loved him without any quali- f fication. To them he was just ‘‘Uncle government, they want to make a good SENATOR TED STEVENS last impression with a bill they know Ted,’’ a title I am sure will live on. has no chance of passing and which I have been to a number of Mr. SPECTER. Madam President, I they have no interest in passing. So times over the years at Ted’s invita- have sought recognition to join in pay- this is about as pure a political exer- tion and one of the things that be- ing tribute to Senator Ted Stevens, cise as you can get. In my view, it is an comes clear to anyone who goes up who was in this Chamber from 1967 there, as I said at Ted’s funeral last insult to the millions of Americans until early 2009, and his presence is month, is that Alaska ironically is a who want us to focus on jobs. still felt, so pervasive was his impact pretty small place—in the sense that Democrats made a very clear choice. on this body. everybody seems to know each other, They chose to ignore the concerns of My first contact with Senator Ste- and everybody knew Ted Stevens. the American people and to press ahead vens was shortly after my election, From the airport in Anchorage to the with their own agenda over the past when I was in the process of selecting remotest villages, Ted is omnipresent my committee assignments. I had said year and a half. In the last 3 days of up there. That is saying something in a the session, they have decided they can during the campaign that I would seek State that is bigger than California, the Agriculture Committee, but when at least pretend to be concerned. This Texas, and Montana combined. is nothing short of patronizing. But in the first round came up and there was The reason is simple: In Ted’s view, if a spot left on Appropriations, I decided some ways it is the perfect way to end it wasn’t good for Alaska, it wasn’t a session in which the American people that was the best committee to select good. He devoted his entire adult life to for the interests of my State. have taken a backseat to the Demo- a simple mission, to work tirelessly crats’ big government agenda. I did not get the Ag Committee. Ap- and unapologetically to transform propriations has a subcommittee, Ag As for the specifics of this bill, even Alaska into a modern State. He was Appropriations, and it was filled. But if this were a serious exercise, it is a faithful to that mission to the very Ted Stevens generously opened the bad idea. Even the Democratic chair- end. It is hard to imagine that any one spot, taking another subcommittee as- man of the Finance Committee said man ever meant more to any one State signment so I could maintain, in part, this bill could hurt American competi- than Ted Stevens. tiveness. As a number of my colleagues One of the stories I like about Ted is my statement that I would seek influ- pointed out yesterday, the way to get the one about his former chief of staff ence on the agricultural issues. U.S. businesses to produce more here and his first trip to Alaska with Ted. Ted Stevens had a reputation for isn’t to tax them even further, it is to When he showed up at Ted’s house to being tough and demanding. He had a stop punishing them with our high cor- pick him up at 6 o’clock in the morn- famous Hulk tie which I proudly have porate tax rate. If American businesses ing, Ted had already gone through the in my closet and wear on occasions are going to compete with foreign cor- briefing book he had been given the when it is appropriate. But behind that porations, we should have competitive night before, read all the daily papers, tough exterior, there was a heart of tax rates. It is that simple. and had already been on the phone to gold and a very emotional man. He said Moreover, the companies this bill Washington for a couple hours. By the that he did not lose his temper, he targets, by and large, are not opening end of the trip, he said he needed a va- would ‘‘use’’ his temper, that he did overseas subsidiaries to make products cation after doing, for 2 weeks, what not lose his temper, he always knew for Americans. They are moving over- Ted had been doing for 39 years. where it was. seas to serve foreign markets in addi- But Ted would always say he worked I recall one session of the Senate in tion to the markets they already have so hard because there was always so the middle of the night. During Howard in place, and that creates jobs right much work to do. Part of that, of Baker’s term as majority leader, he here in the United States. When these course, was making sure that all of us would sometimes have all-night ses- additional markets overseas are knew about what Alaska and Alaskans sions. It is amazing how much you can opened, it creates jobs right here in the needed. So everybody got invited up get done and how short the debate is at United States. there—not necessarily because he liked 3 a.m. An issue had arisen as to resi- This bill is not a serious attempt to you but because he wanted us to appre- dency. I believe it was Bill Proxmire address a problem. It is a purely polit- ciate the unique challenges Alaskans who had made some statements about ical exercise aimed at making a good faced day in and day out, and turning living in Washington, DC. That infuri- impression. Unfortunately for Demo- down an invitation from Ted Stevens ated Ted Stevens, and he rose, and in a was not recommended. crats, the impression they have made loud, bombastic, explosive voice, he Ted poured himself into Alaska and over the past year and a half has said he did not live in Washington, he he poured himself into the Senate. He lived in Alaska, and because of his af- stuck—and for good reason. mentored countless young men and f fection for Alaska, he could not con- women who worked for him over the sider living in Washington. This was REMEMBERING SENATOR TED years. He mentored countless new part-time duty to handle a specific job. STEVENS Members from both parties. In 1984 after the elections, Senator It was an honor to have known him, Baker retired, and the Senate leader- Mr. MCCONNELL. Madam President, and it was a privilege to have served at 1 o’clock this afternoon our dear alongside him in the Senate for so ship was up. At that time, we had the friend, Ted Stevens, will be laid to rest, long. most hotly contested battle for leader- with honors, across the river at Arling- We have missed him the past 2 years, ship during my tenure here and per- ton National Cemetery. So the Senate and we honor him again today. haps of all time. There were five top- will be thinking of Ted Stevens today. I yield the floor. notch candidates: Senator Stevens, Ted was a legend in his own lifetime Senator Dole, Senator McClure, Sen- f and the American people would have ator Domenici, and Senator LUGAR. It remembered him even if he had not RESERVATION OF LEADER TIME finally boiled down to Bob Dole and gone on to serve as the longest serving The ACTING PRESIDENT pro tem- Ted Stevens, and Bob Dole won, 28 to Republican in Senate history. A recipi- pore. Under the previous order, the 25. When the vote was taken, I hap- ent of the Air Medal and the Distin- leadership time is reserved. pened to be sitting with Senator Dole.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7567 We had lived in the same town—Rus- Today, we will lay Ted Stevens to Moderates and some conservatives, sell, KS—and had been friends for dec- rest, and with him a really great Amer- too, have fallen like flies at the hands ades. When Ted Stevens came over to ican. His family—Catherine, a devoted of extremists in both parties. Senator congratulate Bob Dole, I was in the wife, an outstanding lawyer, a great ROBERT BENNETT’s 39 percent conserv- picture—a photo I prize until this day. public servant in her own right as an ative rating was insufficient for re- Senate leadership elections are com- assistant U.S. attorney. When my class nomination in Utah. Senator LISA plex, and there was later consideration was elected in 1980, their daughter Lily MURKOWSKI was rejected by Alaska’s that perhaps Bob Dole’s leaving the was an infant, and she grew up in the tea party’s dominance in their Repub- leadership of the Finance Committee Senate and now is a fine young woman, lican primary. In perhaps the most opened the door for Bob Packwood, is a practicing attorney, and is now 30 stunning election, an opponent whom whose vote was for Dole, and perhaps years old. And Catherine, Joan, Ted, conservative Republicans characterized Senator Packwood’s leaving the leader- and I spent many pleasant evenings as incompetent beat Congressman ship of the Commerce Committee over a martini and a dinner and some . These elections were chairman opened it up for Jack Dan- of Ted Stevens’ really great red wine. presaged by the surprising defeat of forth. That was a watershed election. He was extraordinary in his devotion Senator JOE LIEBERMAN, who was not Senator Stevens and I did not always to his State, and no Senator has ever sufficiently liberal to represent Con- agree on matters, such as the outcome done more for their State than Ted necticut’s Democrats. of the Iran Contra matters, but there Stevens did for Alaska. So he leaves a The Senate is a vastly different place was also a collegiality and cordiality. I great record, a great reputation, and he than it was when I was elected in 1980. was the beneficiary of one of the fa- will be sorely missed. In that era, Howard Baker and Lloyd mous Alaska trips with Ted Stevens. I In the absence of any other Senator Bentsen worked together. Bob Dole and caught a king salmon, 29 pounds— in the Chamber seeking recognition, I Russell Long could reach an accommo- toughest 15 minutes of my life—and it ask unanimous consent for 15 minutes dation on tax issues. Bill Cohen and hangs on a shelf. The stuffed salmon to proceed as in morning business. ‘‘Scoop’’ Jackson found compromises hangs proudly in my Senate office. The ACTING PRESIDENT pro tem- in the Armed Services Committee. The Great fish to eat. They have ways of pore. Without objection, it is so or- Nunn-Lugar initiatives were legendary. preserving the carcass so that you can dered. DAN INOUYE and Ted Stevens perfected stuff it. You can have your fish and eat f bipartisanship on the Appropriations it too. Committee. Ted Stevens was a mentor. During A GRIDLOCKED CONGRESS I think it is fair and accurate to say the Alcee Hastings impeachment pro- Mr. SPECTER. Mainstream Ameri- that the Republican Party has changed ceedings, where I was cochairman of cans must march to the polls this No- the most ideologically from the days the committee assigned to hear the vember to express themselves force- when the steering committee, led by evidence and later making a floor fully to stop extremists financed by un- Senator Jesse Helms, represented the speech, I thought there ought to be a disclosed contributors from stifling our conservatives and the Wednesday mod- standard for impeachment. Ted Ste- democracy. The Congress is gridlocked, erate luncheon club was almost as big, vens wisely counseled me against that. leaving the Nation’s business floun- with Mark Hatfield, ‘‘Mac’’ Mathias, He said: Don’t do that. Don’t try to es- dering. Fringe candidates with highly Lowell Weicker, John Danforth, tablish some standard. It is a matter of questionable competency are winning Charles Percy, Bob Stafford, John each Senator’s individual judgment. primary elections. Moderates and some Heinz, John Chafee, Bob Packwood, And when the impeachment proceeding conservatives are falling because they Alan Simpson, John Warner, Warren of President Clinton came up, Ted Ste- fail the test of ideological purity. Rudman, Slade Gorton, and ARLEN vens was one of the 10 dissenters. He In the past 10 years, both parties SPECTER, in addition to Baker, Dole, voted no on one of the bills of impeach- have taken advantage of procedural Stevens, and Cohen. By the turn of the ment. rules-gimmicks to thwart needed con- century, the group had shrunk to Jim During the course of Ted Stevens’ gressional action. During the adminis- Jeffords, OLYMPIA SNOWE, SUSAN COL- problems with the Department of Jus- tration of President George W. Bush, LINS, LINCOLN CHAFEE, and me. After tice and the investigation, I talked to Democrats mounted so many filibus- the 2008 election, only SNOWE, COLLINS, him about those matters, some of the ters against judicial nominations that and I remained. implications in the criminal law case. I the Senate was on the verge of chang- By the fall of 2008, the economy was responded to an inquiry shortly before ing an important rule requiring 60 in free fall. More than half a million the 2008 election, was on Alaska radio votes to cut off debate. During the jobs were being lost each month, and cautioning the voters not to consider Obama administration, Republicans the unemployment rolls were nearing 4 Ted Stevens a convict because the case have exceeded the prior extremism of million. President Bush formulated a was in midstream and there were very, Democrats on filibusters. In addition, $750 billion so-called bailout called very serious questions which had to be the leaders of both parties have abused TARP, the Troubled Asset Relief Pro- adjudicated, and I said I didn’t know procedural rules to stop Senators from gram. Resistance to the proposal was all of the details, but I had reviewed offering important, germane amend- high. The House of Representatives re- enough of the file to know that it was ments to pending legislation in a jected it on September 29 by a vote of an open question. During the confirma- Chamber where the tradition had al- 228 to 205. The stock market fell 778 tion hearings of Attorney General Eric lowed any Senator to offer virtually points on the Dow Jones average. Noth- Holder, when we had our private any amendment on any bill to get a ing could be done immediately since talks—I was then ranking—I called the vote to focus public attention on im- many in Congress—myself included— issue to his attention, and he promised portant national issues. were in synagogues across the country to make a thorough review and later The partisanship has reached such a celebrating Rosh Hashanah on that did so. And the rest is history. Ted Ste- high level and comity such a low level evening and the next day. The Senate vens was exonerated and the issue was that there is not even the pretense of came back into session on October 1 to dismissed. negotiation or compromise in almost vote on TARP. After that event took place, I was all situations. Within days of the start Vice President Cheney met with the talking to Larry Burton, who worked of the Obama administration, literally Republican caucus to urge acceptance years ago for Ted Stevens, a squash- before the ink was dry on his oath of of the President’s plan. Dick Cheney playing partner of mine. A few of us office, Republicans openly bragged had an earned reputation for being a crafted a resolution honoring Ted Ste- about plans to ‘‘break’’ him and to en- dry, factual, unemotional speaker, low vens and saying what a tremendous gineer his ‘‘Waterloo.’’ Announcing key, direct, here it is, take it or leave force he had been here, but we were that ideological purity was more im- it. asked by the lawyers to hold up be- portant than obtaining a majority, the Before the Senate vote, in the Senate cause some action might be pending in prevailing Republican motto was: We Mansfield Room, immediately off this the Department of Justice, so that would rather have 30 Marco Rubios in Chamber, the Vice President was im- should be delayed. the Senate than 50 Arlen Specters. passioned. He said if you don’t pass

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7568 CONGRESSIONAL RECORD — SENATE September 28, 2010 this legislation, George W. Bush will I’m proud of you.’’ When I then asked control of the Senate in 2007 and 2008. turn into a modern day Herbert Hoo- him: ‘‘Will you join with me?’’ he re- When the Club for Growth defeated ver. plied: ‘‘No, I couldn’t do that. Might moderates in the primaries, Pete Do- Republicans responded with 34 voting cost me a primary.’’ While there has menici’s seat was lost in 2008, as were aye and 15 opposed. TARP passed the been much justified criticism that the the House seats of Joe Schwartz in Senate 75 to 24. The House followed stimulus legislation could have been Michigan in 2006 and Wayne Gilchrist suit, and the President signed the bill. better, most would agree that it did in Maryland in 2008. It wasn’t a pretty legislative process. prevent a 1929-style depression. It is understandable that moderates It started out with a few pages, mush- Not interested in governance, after are responding to caucus pressure, see- roomed into a gigantic bill, without ap- the stimulus vote, Republicans turned ing what is happening to colleagues propriate hearings, analysis, debate or to obstructionism—a virtual scorched- who are seen as ideologically impure deliberation. Fast action was manda- earth policy to carry out the plan to and insufficiently conservative. BOB tory if we were to stop the market defeat the President. In 2009 and 2010 to BENNETT had a 93 percent conservative slide and the economy from crashing. date, 112 cloture motions have been rating. Only two objections were raised The implications were worldwide. filed and voted on 67 times. That the against him: he sponsored health care The situation continued to deterio- filibusters were frivolous, dilatory, and reform legislation which was cospon- rate. President Obama immediately obstructionistic is evidenced by the sored by many other Republicans, and went to work on a stimulus bill. He fact that some judges were confirmed he voted for TARP. As noted, TARP came to the Republican Caucus on Jan- by overwhelming majorities, some 99 to was President Bush’s legislation, en- uary 27, and made a very strong appeal 0, after cloture was invoked. Each time thusiastically advocated by Vice Presi- on the urgency of immediate action to cloture was invoked, the Senate could dent Cheney. It was a significant suc- save the U.S. economy from a 1929-type not take up any other business for 30 cess, stabilizing the banking industry depression with a domino effect on the hours, leaving little time to take up and enabling GM and Chrysler to stay world economy. He said it was impera- other vital legislation. in business. Most of the government tive that the bill be passed by February On some occasions, relatively rare, funds have been repaid. the filibusters were justified where the 13, the Friday before Congress began a South Carolina Congressman BOB majority leader filled the so-called weeklong recess for the Washington/ INGLIS, who was defeated earlier this Lincoln birthdays. tree, precluding minority amendments. year by a conservative primary chal- A large group of Senators held a se- That sometimes led to half-hearted ne- lenger, said today’s political climate ries of meetings attended by about 15 gotiations over how many and what would make it ‘‘a tough time for Ron- rotating Democrats with 6 Republicans amendments the minority could offer, ald Reagan and Jack Kemp.’’ initially in attendance: OLYMPIA resulting in reciprocal recriminations Governor Charlie Crist was driven out SNOWE, SUSAN COLLINS, GEORGE of unfairness. Often the recriminations of the Republican Party to an Inde- VOINOVICH, LISA MURKOWSKI, MEL MAR- were meritorious with both parties pendent candidacy because his State TINEZ, and me. The final meetings were being to blame. Each side maneuvered accepted stimulus money. He was pic- held on February 6 in ’s of- to avoid voting on amendments which tured embracing President Obama and fice, attended by SUSAN COLLINS, BEN posed political risks to their side. Not- he was thought to be too liberal. Con- NELSON, JOE LIEBERMAN, Rahm Eman- withstanding the fact that Senators sidering what has happened to BEN- uel, REID, and me. COLLINS and I in- are sent to Washington to vote, enor- NETT, MURKOWSKI, CASTLE, and Crist, is sisted on having a final bill under $800 mous energy is expended to avoid no wonder that Republican Senate billion. The Obama figure had started votes. This issue did not apply to judi- moderates and some conservatives are out at $600 billion and ballooned to cial confirmations where no amend- hewing the party line as they watch more than a trillion dollars. She and I ments were in order. In 2008, I proposed right wingers plan for their primary thought it would be tough for the pub- a rule change to establish a timetable defeats years away. lic to swallow a stimulus act so we in- for confirming judges precluding fili- Republican Senators who previously sisted on holding the figure under $800 busters. In 2009, I proposed a rule actively supported campaign finance billion. When she and I couldn’t agree change to prohibit filling the so-called reform were unwilling to cast a single with the Democrats, we took a break tree to prevent other Senators from of- vote with 59 Democrats to proceed to and went to my hideaway office to con- fering amendments. consider legislation requiring the dis- fer. There we formulated our last best The exodus of Senate Republican closure of corporate contributions per- proposal, which was accepted. moderates has resulted from the shift mitted by the Supreme Court decision The stimulus package, like TARP, of the party to the right causing many in Citizen’s United. Notwithstanding was put together too fast without ap- moderates to reregister as Independ- the broad latitude given to campaign propriate hearings, analysis, debate, ents or Democrats, significant expendi- contributions under the first amend- and deliberation. Had the Republican tures by the Club for Growth, the ac- ment, the Supreme Court rulings leave leadership participated, there would tivism of the tea party, and, more re- Congress the authority to require dis- have been critical staff assistance on cently, the infusion of enormous sums closure. It is hard to understand how formulating what the money should of money from secret contributors. Ex- any objective view would oppose disclo- have been spent for to stimulate the treme right-wing candidates have bene- sure when secret contributions pose economy immediately and create jobs, fited from enormous campaign expendi- such a threat to our democracy. but the Republican leadership refused tures by outside groups. The to participate. The Republican game Times recently reported that ‘‘outside The ACTING PRESIDENT pro tem- plan was already in effect to ‘‘break’’ groups supporting Republican can- pore. The Senator has now used his ad- Obama and cause his ‘‘Waterloo.’’ didates in House and Senate races . . . ditional 15 minutes of time. There were many Republicans in the have been swamping their Democratic- Mr. SPECTER. Madam President, I caucus who would have liked to have leaning counterparts on television ask unanimous consent for 2 additional voted for the stimulus. The U.S. and . . .’’ Bloomberg News reports that, in minutes. world economies were closer to the September alone, groups supporting The ACTING PRESIDENT pro tem- precipice of depression than when 34 Republican candidates spent $17 mil- pore. The Senator from Texas. Senators had voted for TARP. But the lion while groups supporting Demo- Mrs. HUTCHISON. Madam President, pressure to vote the party line was tre- cratic candidates spent only $2.6 mil- I have been waiting now to speak on mendous—the strongest I had seen in lion. Ted Stevens, which was, I thought, the my 29-year tenure. The risk of retribu- The Club for Growth’s backing of time allotted here. I am happy to give tion was enormous. Lincoln Chafee’s primary opponent in the Senator another 2 minutes on top After making my floor speech sup- Rhode Island in 2006 was especially of the extra 15 if that is necessary, but porting the President’s plan, I walked costly causing his defeat in the general we have several Members wishing to back into the Republican cloakroom by draining his financing and pushing speak on Senator Stevens. If he would where a senior colleague said: ‘‘ARLEN, him to the right. It cost Republicans hold it to another 2 minutes.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7569 Mr. SPECTER. Well, I asked for the final ceremony with respect to our my colleagues in paying tribute to time when no one was here. I do ask for former colleague, Senator Ted Stevens. him, not just as a Senator but as a su- the additional 2 minutes. He has earned a place in Arlington by perior human being and a great friend. The ACTING PRESIDENT pro tem- virtue of his service in the Second The ACTING PRESIDENT pro tem- pore. Is there objection? World War, but he has earned a place in pore. The Senator from Texas. The Senator from Utah. the hearts of all of us who worked with Mr. BENNETT. Madam President, re- him, and like my colleagues I want to Mrs. HUTCHISON. Madam President, serving the right to object, and I shall take the opportunity to say a few I rise to salute my former colleague not, I ask unanimous consent that fol- words about Senator Stevens. Ted Stevens who will be laid to rest in lowing Senator SPECTER, I be recog- Senator Stevens was something of a Arlington today. He earned the right to nized for 5 minutes, Senator HUTCHISON character. He would wear his Hulk tie. be buried in Arlington National Ceme- be recognized for 5 minutes, Senator He would cultivate his reputation as an tery, having served in World War II. COLLINS for 10 minutes, Senator ALEX- irascible fighter, and he always had a That is one of the things that hasn’t ANDER for 5 minutes, and Senator twinkle in his eye when he did it. But been talked about as much regarding ISAKSON for 5 minutes, thus locking in there was some truth to it. Ted Stevens because he was a remark- the time we understood we were going I remember the first time he took able Senator and has a remarkable his- to get. over as the chairman of the Senate Ap- tory with his State of Alaska as well as The ACTING PRESIDENT pro tem- propriations Committee. He gathered in the Senate. pore. Without objection, both requests us together and he, speaking of his are granted. Ted Stevens served here for 40 years. Mr. SPECTER. To continue the chain predecessor, Mark Hatfield, said: Mark From the very beginning, Ted was of thought, like the issue on campaign Hatfield was a saint. He was filled with Alaska’s greatest champion. He helped contributions, the DOD authorization patience. You could talk to him at found his State. He pushed through bill was stymied on the excuse of ‘‘pro- length, and he was always willing to Alaska statehood and worked tirelessly cedural’’ considerations involving defer. He was always willing to put off to serve its unique needs for his entire ‘‘don’t ask, don’t tell,’ when many Re- until you could get to the right solu- life and continued to be its greatest ad- publicans had voted to repeal it on tion. Mark Hatfield was a saint. I am vocate. not. We are going to get this thing prior occasions. Nine years after he helped establish This country is still governed by ‘‘we done, and we are going to get it done Alaska’s statehood, he was elected to the people,’’ but the only people who on time. I am impatient, and I am count are the ones who vote. If main- going to make sure that the things go serve in the Senate. He spent the next stream Republicans had been as active in the way they should. 40 years building his State from an un- tea party Republicans in the Utah, We all chuckled at that. We did, in- developed territory, which Alaska was, Alaska, and primaries, I be- deed, enjoy Mark Hatfield. But the to one of our Nation’s most important lieve BENNETT, MURKOWSKI, and CASTLE point I want to make today is that be- energy producers, along with the other would have won. That would have hind that facade that Senator Stevens things Alaska gives to our great Na- given heart to other Republican Sen- liked to put up was a very serious leg- tion. It is a testament to Ted Stevens’ ators that their records would be islator and a very superior human mighty efforts and his love for his na- judged by a sufficiently large base to being. tive land. give them a fighting chance to survive. Ted Stevens was always accessible. Alaska and every other State was Politics is routinely described as the No matter what your problem was, you helped by Ted Stevens. Everyone art of the possible or the art of com- could go to him and he would listen to knows he took care of Alaska because promise. The viability of the two-party you. I discovered that when we were he fought ferociously, but he also system is predicated on advocacy of working on funding for the Olympics. helped every other Senator represent differing approaches to governance He was a great supporter of the Olym- their States and the priorities of their which ultimately seeks middle ground pics. As a Senator from Utah, when we States, and that was one of the great or compromise. That is virtually al- were holding the Olympics I not only things about this man. ways indispensible to reach a super- got his support, but I got his advice In particular, when he went on the majority of 60. When one party insists and his help. He was always accessible. Appropriations Committee and later on ideological purity, compromise is He was always prepared. If you went to was its chairman as well as the chair- thwarted and the two-party system Ted Stevens, you wouldn’t catch him man of the Defense Appropriations fails to function. by surprise on anything. He was always Subcommittee, he devoted himself to People with grievances are the most engaged. He didn’t have to have the protecting our troops, to making sure anxious to shake up the system. The staff bring him up to speed; he had to they had the right equipment to do the Congress needs to deal with issues such have an understanding of the issues as the deficit, the national debt, and jobs we ask them to do. Of course, he himself. the intrusiveness of government. The Perhaps most importantly, Ted Ste- was a man of the military. He was so tea party people who attended town- vens was always open to new ideas. I proud of his air service. He was a man hall meetings in August of 2009, like was chairman of the Joint Economic who had flown in World War II. I vis- mine in Lebanon, were not Astro Turf, Committee and would talk about the ited the World War II Memorial to but citizens making important points. economy to the conference as a whole Americans in Great Britain with Ted But they did not represent all of Amer- and would be surprised how many Stevens, and he walked around all of ica or, in my opinion, even a majority times Ted Stevens would come up to the old airplanes and talked about the of Republicans. Pundits are saying this me after and have some new idea about airplanes that were there and the ones November our Nation will be at the the economy or some new source he he had flown and the ones that were crossroads. I believe it is more like a had come across he would recommend new. There was an excitement about clover leaf. If activated and motivated to me. Even after he had left the Sen- that, in his 80s—all the memories of his to vote, mainstream voters can steer ate when I would run into him in a so- World War II time. America to sensible centrism. Madam President, I thank my col- cial situation, Ted would say, You When someone would say to me, How leagues for their forbearance. ought to get your staff looking at—and do you get along with Ted Stevens, I I yield the floor. then he would fill in the blank with in- would always say Ted Stevens is a man The ACTING PRESIDENT pro tem- formation of what it was he had found who is all bark and no bite. This was a pore. The Senator from Utah. out. man who had this Incredible Hulk tie Ted Stevens served in the highest and he would frown and he would look f tradition of this body. It was an honor ferocious. He was so tender under- REMEMBERING SENATOR TED and a privilege and a learning experi- neath. He wanted to help people. He STEVENS ence for me to be able to serve with wanted to make sure people did the Mr. BENNETT. Madam President, him. On this day, he takes his final right thing. He had a passion, he did, today we will go to Arlington for the resting place in Arlington. I join with but he was so good underneath.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7570 CONGRESSIONAL RECORD — SENATE September 28, 2010 Back in 1993, when I first entered the her first trip back to China in 1981 He came back to this body and became Senate, I was one of seven women Sen- when Stevens himself had just remar- a principal cosponsor of the America ators. I would say there was not an- ried and was on his honeymoon with COMPETES Act, which helps our coun- other woman on the Defense Appro- Catherine. ‘‘We went on our honey- try do the same. priations Subcommittee—my colleague moon there with Anna Chennault’’, Perhaps no two Senators had a closer BARBARA MIKULSKI was on the com- said Catherine Stevens, laughing. ‘‘Ev- relationship than Senator INOUYE and mittee—but I wanted to be on the De- erybody kept sending tips that Ted Senator Stevens. They came from the fense Subcommittee and I told Ted Stevens is on his honeymoon with same generation. They fought in the Stevens, We have more Army retirees Anna Chennault.’’ Then Catherine said, same war. They were both enormously in Texas than any other State. We have ‘‘And that was technically true.’’ brave. They treated one another as great Army bases as well as Air Force This is another side of this wonderful brothers. bases in Texas. I want to be on the De- man that we are going to bury today I was a young aide in the Senate fense Subcommittee. He helped me get with all of the tributes and accolades when Ted Stevens was first appointed there. It made a difference in my capa- he deserves at Arlington National Cem- to the Senate in 1968. He was here when bility to serve my State and my Na- etery. We will miss this great man, this I came back 20 years later as the Edu- tion. great patriot, this great Alaskan, this cation Secretary, and when I came I traveled once with Ted Stevens and great American, and this great friend back as a Senator 8 years ago, he was DANNY INOUYE to Saudi Arabia for our to every one of us here. still here. He served longer than any work on the Defense Appropriations Thank you, Madam President. I yield other Republican Senator. He will be Subcommittee. I was told later that the floor. remembered as a great patriot and as Ted Stevens was actually discouraged The ACTING PRESIDENT pro tem- the man who flew the cargo plane into by our Saudi host from bringing me pore. The Senator from Tennessee. Peking in 1944 and spent half a century with the delegation because I was a Mr. ALEXANDER. Madam President, creating and then serving our 49th woman. Ted Stevens never told me this Senator COLLINS is next in order, but State. until later. He said, No way am I going she has kindly given me a few minutes I thank the Chair. I thank the Sen- to keep a member of my subcommittee to make my remarks, and I wish to ator from Maine for her courtesy. thank her for that. I yield the floor. and my committee off this trip she de- The ACTING PRESIDENT pro tem- Senator Ted Stevens will be remem- serves to go on, and that was it. I was pore. The Senator from Maine. part of the delegation. I visited our air bered as a patriot who flew the first Ms. COLLINS. Madam President, it base there with all of the other Mem- cargo plane into Peking, as it was then has actually been a great pleasure to bers. I participated in every meeting called, at the end of World War II, and sit on the floor—and I see the Presiding and every event during that trip. Ted helped create and then serve the 49th Officer nodding in agreement—and Stevens and DANNY INOUYE together State for a half a century. hear these tributes to our friend, Sen- would have it no other way. I have often thought that some day I ator Ted Stevens. Let me mention the relationship be- should write a book about Senators— It is, of course, with sorrow that I tween DANNY INOUYE and Ted Stevens. not about their gossip or their se- rise to offer these words on the tragic Ted Stevens and DANNY INOUYE were crets—but about the things others passing of Senator Stevens, but it is the chairman and ranking member of don’t know about the people we work also with a sense of gratitude and fond- the Commerce Committee, but they with: About JIM INHOFE’s flight around ness that I remember him and that I never referred to each other as ranking the world; about Ben Nighthorse Camp- celebrate his dedicated service to our member. They were always chairman bell’s jewelry; about Barack Obama’s Nation, to his beloved State, and to the and vice chairman. It went back and and Mel Martinez’s boyhood; about JIM Senate. My thoughts and prayers re- forth. When Democrats were in charge, BUNNING’s pitches. All of these things main with the Stevens family and with DANNY INOUYE would be the chairman have nothing to do with politics. I al- the families of the others who perished of a committee and Ted would be the ways wanted to start with Ted Stevens. in that heartbreaking accident. vice chairman. If Republicans were in Some day I think I will write this In 1999, Senator Stevens was named the majority, it would be Ted who was book, including about how he flew a ‘‘Alaskan of the Century.’’ It was a fit- the chairman and the vice chairman cargo plane into Peking at the end of ting tribute to a man who, though not would be DANNY INOUYE, because they World War II. It says a lot about the Alaskan by birth, became one with were World War II soulmates. DANNY kind of life he led afterwards. every ounce of his spirit, energy, and INOUYE—who is now the chairman of No one did more to create Alaska as determination. the Appropriations Committee and an- a State. He worked at the Interior De- In 1953, with his heroic military serv- other great patriot for our country, partment for several years, writing ice behind him and fresh out of law hailing from Hawaii, who won the Con- speeches, lobbying, doing all kinds of school, he drove from Washington, DC, gressional Medal of Honor for his great things to cause it to happen. Then he to Fairbanks, AK, in the middle of the service in World War II—and Ted were served that State for nearly a half cen- winter to begin his first job in his new inseparable friends and called each tury in the best manner of the greatest profession. He soon was appointed U.S. other soul brothers. generation. Attorney and quickly established a Another Ted story: One day during He had a broad view. reputation as a courageous and diligent the markup in the Senate Appropria- He and Senator INOUYE led a trip, prosecutor. Returning to Washington 3 tions Committee, Ted grew very ani- along with several of us, to China in years later to accept a position in the mated, as he did on issues, and when 2006, a delegation of Senators. We were Department of the Interior, he took on another Senator said, Mr. Chairman, better received than if they had been the cause of Alaskan statehood as the there is no reason for you to lose your the President and Vice President of the cause of his life. temper, Ted glared back and said, I United States, because the Chinese re- In 1959, his relentless efforts were re- never lose my temper. I know exactly vered Ted Stevens and honored DANNY warded with success. He served with where it is. Those who knew him best INOUYE because of their service in distinction in the brand-new Alaska knew his compassionate heart. World War II. We saw the No. 1 man in State and joined the Sen- There is a wonderful article this China, President Hu. We saw the No. 2 ate 9 years later. In this city, he was morning in Politico, one of the news- man, Mr. WU. We saw in all parts of the known as ‘‘Mr. Alaska.’’ Back home, he papers on Capitol Hill, and it talks country the respect they had for Sen- was simply ‘‘Uncle Ted.’’ His devotion about his time. Again, another Ted ator Stevens and Senator INOUYE. to his constituents in matters large story, World War II: He was very close Senator Stevens carried that to the and small, and in all corners of that to the Chinese, because he flew mis- floor of the Senate. For example, he vast State, was unsurpassed. sions into China. One of the things he saw there in China what the Chinese Let me return to his military service did was fly supplies to GEN Claire are doing to remain competitive in the for a moment, for I believe it offers a Chennault’s Flying Tiger air bases in world by building up their universities, clear view of his character and his pa- China. He escorted Anna Chennault on keeping their brain power advantage. triotism. In 1942, with America plunged

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7571 into war, Ted volunteered to become a rest. There has never been a more a good education helped him through Navy aviator, but was rejected due to impactful Senator for their State in college and then through law school as problems with his vision. Rather than this country than Senator Ted Stevens. he worked to obtain the skills and the admit defeat, he embarked on a course While I can tell countless stories, I knowledge he knew he would need to be of rigorous eye exercises and earned his wish to make two brief observations to successful in whatever he chose to do way into the Army Air Corps, scoring show you the heart and soul of the ef- in life. near the top of his training class. His fect and impact of Ted Stevens. One of For all who knew him, Ted’s ulti- assignment—to fly cargo over the tow- my dear friends, the first Republican mate legacy can be summed up in one ering Himalayas to the legendary Fly- Senator from since Recon- word—statehood. That was his first and ing Tigers—was extraordinarily dan- struction, Mack Mattingly, from most powerful calling, and his success- gerous. His valor earned him two Dis- Brunswick, GA, told me not too long ful effort to make Alaska a State left tinguished Flying Crosses and two Air ago, after the passing of Senator Ste- its mark on our country and our flag— Medals, as well as military honors from vens, that when he first came to the a distinction that will ensure that Ted the government of Nationalist China. Senate in 1981, Stevens was the first will always be remembered. As in all things, Lt. Ted Stevens let no man to reach out to him, to help him, Although it was a remarkable obstacle bar his way. and to show him the way. I said: Mack, achievement, the idea of making Alas- I was privileged to work alongside that is interesting, because when I was ka a State wasn’t a new idea when Ted this extraordinary Senator on the elected 6 years ago and I came to the got a hold of it. It had been talked Homeland Security Committee. On Senate, the first man to offer a hand of about for some time, but it wasn’t every issue, Senator Stevens dem- leadership and help show me the way going anywhere because the proposal onstrated great knowledge and com- was Senator Ted Stevens. needed something more to get the ball mitment to protecting our Nation and Ted was a consummate Senator, a fe- rolling—it needed a champion who our people. As just one example, he was rocious fighter for the State of Alaska, would fight for it—someone who could instrumental in passage of the SAFE and a proud patriot of the United develop a strategy that would make Ports Act of 2006 to secure the seaports States of America. He may have been the impossible dream of the people of that are so essential to our Nation’s small in stature, but he was a giant in Alaska come true. That individual was prosperity and security. ability. Ted Stevens. Alaska and Maine are separated by a I always loved when we debated Ted practically ran the effort from great many miles, but our two States ANWR on the Senate floor—whether to start to finish as soon as he arrived in have much in common, including spec- drill. He wanted to drill. The people of Washington. He had a plan, and he put tacular scenery, and rugged, self-reli- Alaska wanted to drill. Every day that it into operation. It produced a groundswell of support that became so ant people. Our States also share a con- amendment was going to come up, you powerful there was just no stopping it. nection to the sea that is central to knew it because he had his Incredible Soon President Eisenhower had signed our history and our future. From the Hulk tie on and was ready for the the necessary legislation and Alaska Magnuson-Stevens Fisheries Conserva- fight—not in an adversarial way or in a had become our 49th State. fistfight way but in a pride way, fight- tion and Management Act of 1976, to For most people, that would have his work to protect marine mammals, ing for what was right for Alaska. been enough. But it wasn’t enough for Today, we will lay Senator Stevens Senator Stevens demonstrated a deep Ted. Ted didn’t know what life had in to rest in Arlington National Ceme- commitment to the hardworking peo- store for him, but he knew where he tery, but his legacy will live on as a ple who sustain countless coastal com- would be taking the next steps in his consummate fighter for his State and a munities and an abiding respect for the life—back home in Alaska. natural resources that bless us all. lover of this great country. As I have After a series of twists and turns, Ted Since his passing, tributes have said in my stories about Senator Mat- became one of Alaska’s Senators. He poured in from across America. Some tingly and myself, Ted was a mentor to was a tremendously effective Senator, serve as valuable reminders of his com- those who came to the Senate to serve. and his reputation grew over the years mitment to a broad range of interests. May God bless the life, the times, and as a tireless worker who wouldn’t take Olympic athletes and those who aspire the family of Senator Ted Stevens. no for an answer when it involved one to that level of achievement know that Mr. ENZI. Mr. President, it was just of his State’s priorities. his Amateur Sports Act of 1978 brought about two years ago that many of us Ted and I were able to forge a good the dream of competing on the world came to the floor to say goodbye to one working relationship and a friendship stage within reach of all, regardless of of our good friends. Ted Stevens was that meant a lot to us both. We under- financial circumstances. Female ath- leaving the Senate and returning home stood each other and more often than letes celebrate his support of title IX, to his beloved Alaska. He had earned not, we supported each other’s legisla- which leveled the playing field for his retirement many times over. tive priorities. Wyoming is a lot like women in sports. Cancer survivors re- At last there would be time to do the Alaska, so that may explain why Ted member him as a champion of re- things that he always enjoyed—fishing, and I got along so well. search, testing, and education in that spending more time with his family, Wyoming is a large State with a rel- dread disease. Alaska Natives and Na- and being with the people of Alaska atively small population. So is Alaska. tive Americans throughout the Nation who hold him in such high esteem and Wyoming is blessed with an abundance recall him as a true friend. affection. He was known throughout of natural beauty. So is Alaska. The Mr. President, 3 years ago, Ted Ste- the State as Uncle Ted. people who call our States their home vens became the longest-serving Re- Now we are gathered again to reflect are strong, independent and proud— publican in Senate history. His service on Ted Stevens and his life, but this proud of their past, confident of their has inspired many who seek to serve time we are here to say a final farewell future, and well aware of how blessed their States in public office. We will re- as we mourn his loss. On reflection, they are to be Americans. I think that member him always, and may God nothing says more about the way he comes from the placement of our bless Ted and comfort his family, his lived his life than to speak of his loss States. It took people with a sense of friends, and those of us who were privi- at the age of 86 with the feeling that he adventure and a willingness to put up leged to serve with him. was taken from us all too soon. with a great deal of difficulty and an The PRESIDING OFFICER (Mr. Ted’s life was a great, grand and glo- abundance of hardship to travel the UDALL of New Mexico). The Senator rious adventure, and he filled every day miles it took for them to get to Wyo- from Georgia is recognized. of it to the brim as he pursued any- ming and later to travel North to Alas- Mr. ISAKSON. Mr. President, I join thing and everything that interested ka. Senator COLLINS and many colleagues him or moved him to action. The In the years to come, whenever I re- in paying tribute to the life and times strength of his character and his love member the days I spent with Ted, I of Senator Ted Stevens. of his country saw him through his will think of the words of the old adage While today we will lay his body to military service. His determination to that reminds us that the most impor- rest, his legacy will never be laid to succeed and his commitment to getting tant inheritance we receive from our

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7572 CONGRESSIONAL RECORD — SENATE September 28, 2010 friends, family and those we care about were never disagreeable with one an- 1. He championed a special $2 million grant is found in the memories we will al- other. We were always positive and to the Library in 1999 to create a bi-lingual, ways carry with us of the special days forthright. online library of primary documents com- we shared with them. For me, I will al- We shared a bond in that we believed paring the parallel experiences of Russia and America as continent-wide, multi-ethnic na- ways remember the times I spent away it was our mission to ensure that Ha- tions. This visionary, one-time appropriation from the Senate doing what Ted and I waii and Alaska were not forgotten by (which we had not requested in our budget most loved to do: enjoying the great the lower 48 and our efforts were con- submission) enabled the Library to attract outdoors with a fishing rod in our stant reminders of the economic and unprecedented in-kind support from 36 Rus- hands. If you are from Wyoming or international importance of the Pa- sian repositories and to put online three- Alaska, I do not think you can find a cific. quarters of a million rare Russian items. bad fishing spot anywhere in those two Our beloved Ted was much more than This experience has helped equip us more re- States. the Senator of Alaska, much more than cently to launch a multi-lingual World Dig- a fighter and an advocate and an exam- ital Library with private support and the en- That is how Ted got a lot of us to his dorsement of UNESCO. beloved Alaska year after year. He was ple of what bipartisan effort can ac- 2. Senator Stevens was an early advocate always talking about his Kenai Tour- complish. Ted was a father, grand- and continuous supporter of The Open World nament and the chance it gave every- father, and loving husband who put his Leadership Program, the first international one to see the sights of Alaska and get family before everything else. We have people-to-people exchange ever created and a little break from the rigors of the lost a great man, and I join my col- administered within the legislative branch of Senate. It was a great fishing tour- leagues in mourning his passing. our government. For eleven years it has en- nament, but it was also a chance for us Mr. President, recently in meeting abled more than 15,000 emerging young lead- with the Librarian of Congress, Dr. ers from Russia and other states of the to help Ted raise some needed funds former USSR to experience democratic gov- that were used to improve the habitat James H. Billington, our chat focused ernance in action in local communities of the salmon that had the good sense upon Senator Ted Stevens. I learned across America. Senator Stevens was and re- to live there. that on August 14, 2010, Dr. Billington mained active and engaged as the Honorary God must have needed a good man. I had written a special tribute to Sen- Chairman of its Board of Trustees. know we all miss Ted. When he wore ator Ted Stevens. Yesterday, I received 3. At a very busy time late in the year 2000, his Hulk tie, you knew things were a copy of this tribute and I wish to Senator Stevens devoted an entire Saturday about to happen and happen fast. This share it with my colleagues. to discussing at his home the national need memory makes it feel like he is never Our beloved Ted was much more than for preserving important information that the Senator of Alaska, much more than was increasingly available only in highly far away. Diana joins in sending our perishable digital form. He proceeded to take sympathy to Catherine and all his fam- a fighter and a brilliant parliamen- the lead in creating the still ongoing Na- ily. The Stevens family can be very tarian. This tribute says something tional Digital Information and Infrastruc- proud of the difference they made to- about him and his impact on Alaska ture Preservation Program that has enabled gether over the years and of the legacy and the world. I thank Dr. Billington the Library of Congress to work with 170 they will proudly carry of service and for his heartfelt tribute to our great partner repositories throughout America to an unwillingness to ever think any friend and colleague. conserve immense amounts of digital mate- task is impossible, no matter how dif- Mr. President, I ask unanimous con- rial. sent to have Dr. Billington’s tribute Ted Stevens rarely mentioned and never ficult the struggle. stressed his own role in any of these pro- I cannot help but think God needed printed in the RECORD. grams. He repeatedly and rightly credited someone with Ted’s abilities to have There being no objection, the mate- the contributions of other colleagues and of taken him from us. I take some com- rial was ordered to be printed in the the Congress itself. He was respectful and fort in the knowledge that Ted was RECORD, as follows: supportive of those in public service imple- doing those things he dearly loved A TRIBUTE TO SENATOR TED STEVENS menting these and many other long-range right up to the end. He was flying (By James H. Billington, The Librarian of national programs. around his beloved Alaska and heading Congress, Aug. 14, 2010) At this sad time, all of us at the Library specially and gratefully remember his help Just a few years ago, at the end of a par- to a lodge to catch up on a little fish- in creating unique and challenging new pro- ticularly exhausting week in the Senate, Ted ing when his plane went down. grams within America’s oldest federal cul- Stevens took an overnight flight to open a In the days to come, whenever I am tural institution. I mourn the passing of a Library of Congress exhibit for the 300th an- with my grandson and we both look up deeply admired friend. He was an unforget- niversary of St. Petersburg. He insisted that table man of action and a dedicated public at the sky with the awe and wonder it I take his comfortable seat on the way over; servant—not just for his beloved Alaska, but inspires, I will remember the words of and he flew back rapidly—leaving me well- for all of America and our long-term future the Eskimo proverb that speaks to the rested for follow-up and the Russians in awed in a changing world. reason why the beautiful lights in the admiration of his age-defying journey to a sky shine so brightly at night. As leg- distant cultural event of symbolic and even Ms. MURKOWSKI. Mr. President, on end goes: Perhaps they are not stars political importance. the morning of Tuesday, August 10, in but, rather, openings in heaven, where This small memory came back to me just Alaska, in Washington, and around the the love of our lost ones pours through a year ago when I was back again in St. Pe- world, time seemed to stand still. It tersburg. I was waiting to speak after Rus- was then we received word that a and shines down upon us to let us know sian President Medvedev at the dedication that they are happy. ceremony of a great Petersburg palace that floatplane carrying our beloved Sen- I do not know if there is fishing in had been refashioned into the central build- ator Ted Stevens had gone down in the heaven, but if there is, I know Ted ing of a new library system for Russia mod- remote Bristol Bay region of western must be up there somewhere waiting eled in many ways on the Library of Con- Alaska. Senator Stevens traveled to patiently for a nibble and the chance to gress. I think my subconscious was remind- that area, as he did practically each reel in another prize winner. I can al- ing me that neither I nor the Library would summer for decades, to pursue one of most see him there, fishing rod in hand probably have been in the picture without his dearest passions—fishing. the varied ways that Ted Stevens quietly Along with Senator Stevens on that and a smile on his face. If that is what helped the Congress’ library undertake new heaven has brought to Ted, I have no initiatives for our country—during and be- flight were several of his closest doubt he will be happy forever because yond his many years as Chairman and Vice- friends. Sean O’Keefe, the former Ad- it does not get any better than that. Chairman of the Joint Committee on the Li- ministrator of the National Aero- Mr. INOUYE. Mr. President, I rise to brary of Congress. nautics and Space Administration; Jim laud the life and work of the Honorable Senator Stevens played a key role in bring- Morhard, who came to the Senate in Ted Stevens, Senator from Alaska. Ted ing into being within the legislative branch 1983 as an aide to Senator Pete Wilson was a fellow World War II veteran and of government three important innovations of California and retired in 2005 as chief for sustaining long-term American leader- of staff of the Senate Appropriations my partner in the Senate who fought ship in the world. Each of them had from the hard on behalf of Alaska and this great beginning bipartisan, bicameral support, and Committee; Bill Phillips, a distin- Nation. have been implemented in cooperative col- guished Washington lawyer and former When it came to policy, we disagreed laboration with the executive and judicial chief of staff to Senator Stevens was on more often than we agreed, but we branches. the flight; as was Dana Tindall, one of

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7573 Alaska’s best and brightest who made a itus. He was the assistant Republican central a place in his state’s public and career of bringing 21st century tele- leader. At various points during his ca- economic life as Ted Stevens of Alaska; communications technology to our reer he chaired the Appropriations quite possibly no other Senator ever vast territory. Three of their children Committee, the Committee on Com- has.’’ were on the trip as well: Sean’s son merce, Science and Transportation, the Truth be told, Ted Stevens was Kevin, Bill’s son Willy, and Dana’s Committee on Governmental Affairs, known as Uncle Ted because so many daughter Corey. The pilot was Theron the Committee on Rules and Adminis- Alaskans viewed him as a friend of ‘‘Terry’’ Smith, an accomplished avi- tration, and the Senate Select Com- their own Alaskan families. Alaskans ator who retired as chief pilot after 25 mittee on Ethics. He was involved in treasure the photographs and the let- years with Alaska Airlines in Anchor- numerous other leadership roles. ters that Senator Stevens sent them. age. He was a dear, dear friend of our men Some of those photographs and letters When it became apparent that the and women in uniform. In the early were decades old, yet treasured keep- floatplane was overdue en route to a 1970s he helped to bring an end to the sakes. remote fishing camp, a massive search draft and encouraged the All Volunteer He gave Alaska’s young people an op- was quickly mobilized. The wreckage military force. He worked diligently to portunity to intern in Washington, in- was located and, thankfully, there were ensure that service members were com- spiring many careers in public service. survivors. pensated fairly, that their benefits I am proud to be one of those interns. Sean and his son Kevin, Jim Morhard were not eroded, and that they received He hired many young Alaskans, once and Willy Phillips survived the crash. the best health care. they graduated college, as junior staff We pray for their swift and full recov- A family man always, he was deeply members. He encouraged the best to go ery. concerned about the length of time to law school and then brought them At the same time our hearts dropped that service members were separated back as legislative assistants and com- at the news that the crash claimed the from their families. And when service mittee staff. Many went on to accom- lives of Senator Stevens, Bill Phillips, members returned from and Af- plish great things in their chosen Dana Tindall, her daughter Corey, and ghanistan suffering from PTSD and fields. pilot Terry Smith. TBI, he ensured that funds were shifted In the aftermath of Senator Stevens’ At a later time I will have more to from lower defense priorities to address death, hundreds upon hundreds of Alas- say about the distinguished careers of these immediate concerns. He used his kans lined the streets of Anchorage Bill Phillips, Dana Tindall, and Terry key position on the Defense Appropria- bearing signs that read, ‘‘Thank you, Smith, as well the lost promise of tions Subcommittee to make this all Ted’’ as his funeral procession drove Corey Tindall, a champion debater at happen. by. Makeshift memorial services were South High School in Anchorage and During his more than 40 years in the conducted in Alaska’s Native villages. an aspiring doctor. Senate he traveled to visit with service Why did Ted Stevens’ loss shake I will also have more to say about members on the battlefield. He visited Alaska so hard? The answer is simple. the heroes that responded to the crash Vietnam, Kuwait, Bosnia, Kosovo, Iraq, For generations of Alaskans he had site. That story begins with the Good and Afghanistan. On those trips he been their Senator for life. Ted Stevens Samaritan pilots who located the spent time with those in the lowest became Alaska’s Senator less than 10 wreckage, Dr. Dani Bowman, and local ranks, asking whether they had the years after Alaska was admitted to first responders who were brought in by right equipment, how the food was, and statehood. I was 11 years old when he helicopter—they cared for the sur- how their families back home were first came to the Senate. vivors and the dead in poor weather coping. In so many respects, his elevation to through a long night awaiting rescue— Although he will long be remembered the Senate in 1968 was the culmination the elite Alaska National Guard and as a tireless advocate for the respon- of a career of service to Alaska that Coast Guard search and rescue teams sible development of Alaska’s abundant began in the 1950s. It was, if you will, that accomplished the rescue, the med- natural resources, his friends and even his second career of service to the peo- ical teams in Anchorage that tended to his foes readily admit that he leaves a ple of Alaska. the survivors. substantial conservation legacy. He Ted’s first career began when he was Today, I would like to devote a few was key to the compromise that led to named the U.S. attorney in Fairbanks. moments in memory of my mentor, a the enactment of the Alaska National In a 2002 speech to the Alaska Federa- man who stands tall among our Senate Interest Lands Conservation Act, a tion of Natives, Ted recalled that this family as one of the truly great Sen- leader in fishery conservation through position gave him the opportunity to ators of all time, my dear friend, Ted the Magnuson-Stevens Fishery Con- carry out President Eisenhower’s com- Stevens. servation and Management Act and the mitment to equal rights for everyone. It would take days and days to enu- High Seas Driftnet Fisheries Enforce- He traveled throughout the area re- merate all of Senator Stevens’ accom- ment Act. questing business owners to take down plishments in this body over the course He was a champion of the Olympic signs that read, ‘‘No Natives Allowed.’’ of 40 years. The Senate began the proc- movement, a champion of physical fit- Ted then moved to Washington to ess of chronicling Senator Stevens’ ness, a champion of amateur athletics. serve as legislative counsel in the Inte- place in history in S. Res. 617, which He played a significant role in ensuring rior Department. He played a key role was enacted on August 12. Our col- that female athletes could compete on in the enactment of the legislation leagues will fill in the details in the a level playing field with their male that admitted Alaska as America’s coming days. counterparts. He was one of the best 49th State. Let me digress for a moment and ex- friends public broadcasting could pos- He helped draft that section of the tend my deepest appreciation, and that sibly have in Washington. He cham- Alaska Statehood Act which com- of the Stevens family, to our col- pioned family friendly policies for mitted the Federal Government to the leagues and the staff—all of those who America’s civil servants. These are settlement of the Alaska Native land pulled out the stops—to ensure that S. some of his legacies to the Nation. claims. After leaving the Interior De- Res. 617 could be enacted during a brief But to many Alaskans he was known partment he opened a law practice in lull in the recess. The resolution was simply as ‘‘Uncle Ted.’’ And it was not Anchorage. Among his clients was the presented to the Stevens family fol- just for the Federal dollars he brought Native Village of Minto. The State of lowing the funeral in Anchorage. It was to the State of Alaska, the energy fa- Alaska was about to select Minto’s tra- well received. cilities, hospitals and clinics, roads, ditional lands in advance of a land So how to summarize the remarkable docks, airports, water and sewer facili- claims settlement. Senator Stevens career of Ted Stevens in a few mo- ties, schools and other community fa- took on Minto’s case pro bono. He in- ments. Ted Stevens was the longest cilities, although these were substan- vited Alaska Native leaders to his serving Republican in the Senate’s his- tial. home to explore strategies for a more tory. He served as President pro tem- The Almanac of American Politics comprehensive settlement of Alaska pore and President pro tempore emer- observed, ‘‘No other Senator fills so Native land claims.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7574 CONGRESSIONAL RECORD — SENATE September 28, 2010 Ted Stevens could not have guessed mendorf Air Force Base. I think of him ment of the Interior, and, over time, he at that point that he would join the when I drive through the front gate of developed another appropriate nick- U.S. Senate and have the opportunity Eielson Air Force Base, which was name: ‘‘Mr. Alaska.’’ After leaving In- to make the dreams of Alaska’s Native spared from the 2005 BRAC round large- terior, Ted returned to Alaska and was peoples a reality. ly through his leadership. His face is in elected to the Alaska House of Rep- That was the first order of business the new VA Regional Clinic in Anchor- resentatives in 1964. In 1968 he was ap- when Ted came to the Senate. He age and in the Community Based Out- pointed to the U.S. Senate, and today began work on the Alaska Native patient Clinic in the Mat-Su Valley. I he remains the longest serving Repub- Claims Settlement Act in 1969 and on think of Ted when I am fishing on the lican Senator in history. December 18, 1971, the dream that Alas- Kenai River and all of his efforts to In the Senate, he was a tough nego- ka’s Native people would hold title to help with conservation and restoration tiator and a savvy legislator, but he their ancestral lands became a reality. of this world class river. These are just was always fair. He was an old-school This December marks the 39th anni- a few of Senator Stevens’ contributions Senator, and he kept his word. During versary of the passage of the Alaska to Alaska. There is so much more. the challenging years after statehood, Native Claims Settlement Act— At the close of his farewell remarks Ted helped transform Alaska, playing ANCSA. That landmark legislation re- to the Senate, our friend Ted, told us key roles shaping the State’s economic turned some 44 million acres of land to that he had two homes: ‘‘One in this and social development. A staunch de- Alaska’s Native people and created the Chamber, the other his beloved State fender of the Alaskan way of life, he regional and village Alaska Native Cor- of Alaska.’’ He closed his remarks with championed legislation to protect the porations. the phrase, ‘‘I must leave one to return fishing industry, to build the Alaska ANCSA led to a resurgence in Native to the other.’’ oil pipeline, to protect millions of pride and self-confidence. It gave our How prophetic. For on the afternoon acres of wilderness area, and to address Native people unparalleled opportuni- of August 9, a cold and gloomy day, yet longstanding issues surrounding ab- ties to lead. It has proven a valuable the kind of day when fishing is great, original land claims. While he and I legacy for the continuation of Alaska the Lord called our friend Ted Stevens have not agreed on some issues, I have Native culture through the genera- from Alaska to yet a third home. never questioned his commitment to do tions. Ted’s departure leaves a tremendous what he believed was right for his Senator Stevens played a significant hole in the hearts of the people of Alas- State and its people. role in bringing Alaska’s Native people ka, a hole in the collective hearts of I know it can sound repetitive when together to create today’s great insti- his Senate family, and a hole in my people hear Senators make remarks tutions of Indian self-determination. heart that will take a long time to such as these about our colleagues. But The Alaska Native Tribal Health Con- heal. I think it is important for the public to sortium and the Southcentral Founda- On behalf of a grateful Senate and a know that despite all the squabbling tion, which together operate the Alas- grateful American people, I extend con- that goes on in Washington, there is ka Native Medical Center in Anchor- dolences to Ted’s wife Catherine; to his the deep respect, affection, and caring age, are just two examples. children Susan, Beth, Ted, Walter, Ben that goes on among the Senate’s Mem- The Alaska Native Medical Center, and Lily, and to all of the grand- bers, who work side by side and day by Alaska’s only certified level II trauma children. day on the Nation’s business and on the center, has earned national recognition As our friend, the late Senator Rob- concerns of their constituents. for the quality of its nursing care. It is ert Byrd, knew and often recounted on I was last with Ted at Bob Byrd’s fu- connected through innovative tele- the Senate floor—of all of the things neral. I had asked him if he would sit medicine technology to regional Native that brought Ted Stevens joy, his fam- with me because we had not seen each medical centers in rural Alaska and ily brought Ted the greatest of joys. In other for a while and it gave us a clinics at the village level. None of this Ted’s words, his family gave him the chance to get caught up. I told him would be possible without Senator Ste- kind of love, support, and sacrifice again how much his friendship meant vens’ leadership. which made his 40-year career in the to me and how much I missed him in Senator Stevens deplored the Third Senate possible and gave it meaning. the Senate. We talked about the num- World conditions that stubbornly per- We thank Ted’s family for sharing this ber of pieces of legislation we had sisted in rural Alaska, threatening the remarkable man with Alaska, the Sen- worked on together and both spoke of health of Native children. He helped ate, and the Nation. Ted being part of the old school of Sen- build showers and laundromats in rural Thank you, Ted. We will never forget ators—those who always stuck with Alaska—we call them washeterias—and you. agreements they had made and our he helped construct water and sewer fa- Mr. LEAHY. Mr. President, for 34 concern that was not the way some cilities so that our Native people did years in the Senate it was my privilege were today. It was a sad day being at a not have to haul their waste to an open and honor to serve alongside Senator memorial service, but it was a special dump site. I am sad to say that this Ted Stevens of Alaska. Today, I would day being with Ted. work is far from done. There is that like to pay tribute to Ted, a dedicated Ted was a statesman, a public serv- last 25 percent or so that remains to be public servant, a respected lawmaker, ant, and one of my closest friends in done. and a man I was proud to call my the Senate. I consider myself fortunate It is often said that a society is friend. to have known him and served with judged by the way it treats its most Ted Stevens loved this country, and him. vulnerable members. It is appropriate he dedicated nearly his entire life to Marcelle and I wish Catherine and all that we judge the character of our public service. He served as a pilot in his family our best wishes. elected officials in the same manner. In World War II, as a U.S. district attor- Mr. BUNNING. Mr. President, today I Alaska, our Native people are the most ney, as a senior member of the U.S. In- rise to pay tribute to Senator Ted Ste- vulnerable. For decades, Alaska’s most terior Department, and as a U.S. Sen- vens, who will be laid to rest today at vulnerable people have had no better ator. Ted loved his State. In fact, he Arlington National Cemetery. Unfortu- friend than Ted Stevens. assisted in its birth as a State. During nately, Senator Stevens was taken As I noted in my response to Ted’s his more than four decades in the Sen- from us on August 9 of this year, but farewell speech on November 20, 2008, ate, he was an unrelenting and un- his legacy will live on through the ‘‘When I think of all of the good things, abashed advocate for Alaska and its countless lives he touched during his the positive things that have come to people. I know no other Senator who distinguished career in public service. Alaska in the past five decades I see has filled so central a role in their Senator Stevens will be missed by so the face and I see the hands of Ted Ste- State’s public and economic life as did many because of the tenacity he dis- vens in so many of them.’’ Ted Stevens. He was a man many Alas- played fighting for his beliefs. This Not just in rural Alaska but through- kans knew simply as ‘‘Uncle Ted.’’ began when he volunteered for the out Alaska I think of Senator Stevens The fight for Alaskan statehood was Army Air Corps during World War II, whenever an F–22 takes flight from El- Ted’s principal work at the Depart- where he supplied Chinese forces as

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7575 they defended their country from Japa- When I first arrived in Washington, guarding the wildlife and natural re- nese invasion. For his heroism, Ted DC, in 1987, my son was entering first sources Alaska has in abundance. Stevens received the Distinguished grade at the same time as Ted’s be- Alaskans rightly dubbed the Senator Flying Cross and the Air Medal. loved daughter. Sam and Lily became the ‘‘Alaskan of the Twentieth Cen- Senator Stevens took this same te- fast friends, and, lucky for me, so did tury.’’ nacity to the Senate where he served their parents. It was a tremendous honor and privi- the people of Alaska for over 40 years. Over the years, Ted and Catherine lege to serve with Ted Stevens. It is largely because of Senator Stevens were very close friends of ours and like Mr. SHELBY. Mr. President, I rise that many Alaskans gained access to godparents to Sam. today to pay tribute to our colleague, clean drinking water and their children Anyone who knew Ted well knew how our friend, and a great statesman, Sen- received a quality education. Finally, important his family was and the high ator Ted Stevens. Senator Stevens fought to create an oil value he placed on his children and It is a somber day in the Senate pipeline that put thousands of Alas- their friends. He was truly a most kind, Chamber as we continue to mourn his kans to work and provided affordable gentle, and readily approachable fa- loss. energy for this Nation. These accom- ther, uncle, and godfather. Senator Stevens’ service to our Na- plishments are just a sample of the His concern about others’ children tion began during his military service many issues that Senator Stevens and family members was equally heart- during World War II as a ‘‘Flying championed during his long career. felt. As he exercised his many leader- Tiger,’’ and spanned six decades. By the time I came to the Senate in ship roles, Senator Stevens’ was always During his 41 years in the Senate, 1998, I knew Ted Stevens was an out- willing to take our family obligations Senator Stevens has been chairman of standing legislator, but over the next into account. He realized how impor- four full committees and two select 10 years, I learned so much more that tant it is to schedule time for our fami- committees, assistant Republican defined his character. I found that Ted lies in the chaotic, hectic life we lead whip, and the President pro tempore Stevens was one of the most sincere in the Senate. Emeritus. members of this Chamber. No matter In addition to the close personal As one of the most effective Sen- what the issue, I could always count on friendship I enjoyed with the Stevens ators, Senator Stevens was an ardent Senator Stevens to speak with frank- family, I had the opportunity to work supporter of our national defense, serv- ness and honesty, two traits that are closely with Chairman Stevens as a ing as either Chairman or Ranking sorely lacking in the modern Senate. member of the Senate Appropriations Member of the Defense Appropriations I also learned that despite his dedica- Committee. As chairman, Ted was so- Subcommittee from 1980 to 2005. A tion to the Senate, he always put fam- licitous of the concerns of even his champion of our Armed Forces, he en- ily first. Senator Stevens was the fa- most junior members. He was also a de- sured that our servicemembers have ther to six children, and although there voted friend of his partner—sometimes the equipment, training, and pay nec- is over 4,000 miles that separates Alas- ranking member and sometimes chair- essary to be prepared to take on those ka from our Nation’s Capital, he al- man—Senator DAN INOUYE. who threaten our national security. ways made time for his wife and chil- Ted was a very passionate defender of Senator Stevens was not only my dis- dren. I realize my words are little con- the Appropriations Committee, its pre- tinguished colleague but someone I solation to his wife Catherine or the rogatives, and its responsibilities. Woe considered a friend. He was a man of rest of his family, but I hope they unto the person who attacked the ap- purpose whose life touched all those know Mary and I are grieving with propriations process or the work that with whom he came in contact. His them as they cope with the loss of this he had done. We could use more of that commitment to the people of Alaska model family man. was remarkable, making him a leg- The Senate was blessed to have Ted wisdom around here today. As former President pro tempore and endary advocate for the State. No one Stevens as one of its Members. His the longest serving Republican Member has done more for Alaska than he did. countless accomplishments guarantee His many contributions to both Alaska him a prominent place in the pantheon of the U.S. Senate in our country’s 230- and our Nation will not soon be forgot- of American history. I was fortunate to year history, Ted was a faithful and have him as my colleague for over 10 dedicated leader of the Senate. ten. He will be remembered as a dedicated years, but even luckier to have him as But Senator Stevens’ influence ex- American, World War II warrior, a pub- a friend. tended far beyond the Senate to Alas- Mr. BOND. Mr. President, today, I ka, the Nation and the world. lic servant, and the quintessential rise to pay tribute to not only a giant Many of the accomplishments of the American statesman who gave so much of the Senate, a hero to Alaska, and a Senate over the last 4 decades bear the of his life in service to the Nation. war hero, but also someone I counted mark of Ted Stevens. I offer my thoughts and prayers his among my valued friends, and a true As a war hero himself, Ted was tire- family and friends during this difficult mentor—Ted Stevens. less in his leadership to secure a strong time. When I first heard the news about military—and funded a strong per- Mr. CHAMBLISS. Mr. President, I Ted’s death, I was shocked and sad- sonnel system, the most needed, up-to- rise today to honor the life and com- dened. Today, the loss of my dear date equipment and the most prom- mitment of Senator Ted Stevens to the friend is no easier to bear, and I know ising research. The current strength State of Alaska and to our Nation. many of my colleagues here feel the and superiority of the U.S. Armed As we all know, Ted joined the mili- same. Forces is due in no small part to Sen- tary at a young age and served his Later today, we will lay to rest this ator Stevens. country with honor in World War II. giant of the Senate, but I first want to He was a leader in the natural re- He earned his Army Air Corps wings say a few words about my friend Ted. sources, transportation issues, and cli- in 1944 and served in World War II as a Much has been said about Senator mate change issues important to all of member of the Flying Tigers, for which Stevens’ sometimes grouchy and in- America but that particularly affect he received the Distinguished Flying timidating demeanor. But if you took his home State. Cross. the time to look past the Hulk ties, the Ted was passionate about Alaska—its Two friends of mine from Georgia scowling countenance, the vigorous de- natural beauty, its people, its needs, who served with the Flying Tigers fense of any and all attacks on Alaskan and its fishing. Many of us have en- knew Ted during those days. When priorities, and the cowed staff who joyed traveling to Alaska with Senator they shared with me stories of those feared they had fallen on the wrong Stevens and discovering firsthand the times, they always spoke fondly of Ted. side of the esteemed senior Senator, treasures it has to offer. Several years ago, I attended a fu- you saw another more compassionate— The many roads, parks, and buildings neral of a family member of one of our some would even say softer side. named for him are but a hint of all he Senate colleagues on the west coast. A I was a lucky beneficiary of that soft- has done for the State. His contribu- few other Senators were in attendance, er side, which changed the course of tions are extensive and lasting, from but not many. One of those nights we my time here in Washington. improving the infrastructure to safe- stayed up late and started talking

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7576 CONGRESSIONAL RECORD — SENATE September 28, 2010 about life, and Ted told us he always ficult to try to figure out how to eulo- miral, who felt closer to Ted Stevens attended the funerals of colleagues and gize a person of Ted’s stature, someone than he did his own Russian Govern- their loved ones because when his first who has done so many different things. ment, and we went to Sakhalin Island. wife was tragically killed in a plane So you have to sort of segment, it Ted was trying to work out some kind crash, those colleagues who took the seems to me, your own personal rela- of arrangement where American oil effort to make the trip up to Alaska to tionship with Ted and do the best you companies could explore and develop attend her funeral meant so much to can to grasp this unusual man and de- the tremendous oil reserves there and him. scribe him. have a contract that meant something That is the type of person Ted was— I was a Member of the House when I with Russia. It was there that Flying he was loyal to the State of Alaska, his first met Ted Stevens. It was at a Re- Tiger Ted learned about saber-toothed Nation, and to his colleagues. publican retreat years ago. In express- tigers that were allegedly actually still Ted and I also worked closely on de- ing his opinion, he was obstreperous, if alive in that part of the world. It is a fense issues and he was a good ally to not outrageous, regardless of any other wonder he didn’t schedule a hunting have in those battles. person’s point of view. To say he was trip. He was a good friend and an esteemed both unique and memorable is an un- Then we went to South Korea and colleague who served with distinction derstatement—a force of nature, in- eventually into North Korea, and it in the Senate. deed, perhaps a wandering tornado, if was the first delegation allowed into Ted will be remembered for his pas- you will, with a poststorm rainbow of that theocratic time warp. We left ev- sion and his many, many years of serv- ideas. erything on the plane. We stayed at an ice to his constituents. I came to the Senate back in 1996. It alleged VIP headquarters—no heat, Mr. LEVIN. Mr. President, today one didn’t take long for Ted Stevens to very cold, just North Korean TV with of the most enduring figures in this Na- burst into my—up to that point—rel- 24/7 military parades and martial tion’s political history and the history atively routine senatorial life. He music. of this Chamber will be laid to rest at jabbed his finger on my chest and said, That night the discussion had gone Arlington National Cemetery. For ‘‘I know who you are.’’ I responded, on and on and on. We had hoped to more than half a century, it was al- ‘‘Well, I sure as hell know who you meet with Kim Jong Il. That was not most impossible to discuss the State of are.’’ He said, ‘‘You allegedly know possible, so he sent two of his propa- Alaska without discussing Theodore something about agriculture.’’ I said, ganda puppets to meet with us. We had Fulton ‘‘Ted’’ Stevens. ‘‘Well, thank you,’’ and he interrupted permission from the Treasury to waive Like many, Ted Stevens came to and said, ‘‘You serve on Armed Serv- certain requirements so that we could Alaska from elsewhere, searching for ices and Intelligence?’’ I said, ‘‘That’s arrange for a third-party grain sale to opportunity to serve. Few succeed as right.’’ He said, ‘‘How would you like assist North Korea, which goes through well as he did. He was named a Federal to go to the Russian Far East with me a famine every harvesting year. It prosecutor just months after he arrived and Danny and some others?’’ would have been at least a start. in Alaska in 1953—meaning his public I thought to myself, Why on Earth So you had Ted and DANNY INOUYE, service to Alaska predated its state- would I want to go to the Russian Far two World War II veterans, who told hood. He was a key figure in the drive East? the North Korean delegation it was He said, ‘‘We are going to for statehood. He served in the State time to make Panmunjon a tourist at- Khabarovsk, and then we are going to legislature before coming to this traction. Ted finally had it and said, Vladivostok.’’ But that’s out there Chamber in 1968. ‘‘Knock off the BS. I know you under- where the Cossacks went over the Over the next four decades, he be- stand English. Let’s get to the bottom steppes of Russia. ‘‘Then we are going came one of the most influential Sen- line.’’ The bottom line was that they to meet with the admiral of the Rus- ators of the 20th century. Alaska was a could not do anything in terms of pol- sian navy, and Vladivostok is closer to young State with a small population, icy. They were there to make an intel- Alaska than to Moscow. I know him,’’ but that did not stop Ted Stevens from ligence estimate, and it was a lost op- said Ted. ‘‘Then we are going to go to advocating forcefully and effectively South Korea to indicate our strong portunity at that particular time. The on his State’s behalf. He became the support. But then we are going to be leadership effort by Ted Stevens didn’t longest serving Republican in the his- the first delegation allowed into North pan out, but not for the lack of trying. tory of the Senate, and the State he On another CODEL we landed at 11 Korea, Pyongyang.’’ fought for became a huge beneficiary of Well, that got my attention. He said, and got to the hotel at about midnight. his service. ‘‘That is why I need to have you come Ted was a great connoisseur of mili- He was a World War II veteran and a along, because if we can arrange a tary history and movies. He was a devoted family man. History will re- third-party grain sale, there are things great devotee of the series ‘‘Band of member him as one of those present at that we can do in North Korea to at Brothers.’’ So we were playing Band of the founding of Alaskan statehood and least establish a relationship.’’ Brothers to staff and to all present. a longtime servant of the State. Bar- I thought, what a unique idea, using This is at 12:30 at night, going on to 1, bara and I know that the memory of agriculture as a tool for peace, if you 1:30. We had fought and died with epi- Ted Stevens’ long and full life will re- will—or at least a fulcrum to change sode five; we were going to episode six. lieve the sadness of his family, his con- the relationship with North Korea. I I looked around, and all the loyal staff stituents, and his multitude of friends said, ‘‘Well, sure, I will sign up.’’ were asleep; all Members were still at his passing. That began a personal and meaning- there and were asleep. I was having a Mr. ROBERTS. Mr. President, I have ful relationship with Ted and Catherine hard time keeping my eyes open. I just returned from the interment serv- and their family with Franki and our looked over at the great man, and his ices for our colleague and our friend, family that lasted during the duration eyes were closed. I thought he was the Senator from Alaska, Ted Stevens. of my career in the Senate until his un- asleep, so I got up and started to turn I must say it should be pointed out timely death weeks ago. off the television. As I reached for the that our Chaplain, Chaplain Black, He said, ‘‘I understand that you are a power button, he said, ‘‘This next part gave a marvelous eulogy during the newspaper guy.’’ I said, ‘‘Yes, and?’’ He is the best part.’’ He was not watching graveside services that was poignant, said, ‘‘You could be the scribe in regard it; he was listening to it because he had elegant, and I know in regard to help- to our CODEL.’’ I might add that any seen it at least three times. Well, need- ing the family with solace and poign- CODEL you went on with Ted Stevens, less to say, we saw episode six in its en- ancy, he had no equal. He simply was you always had a T-shirt afterward tirety. Thank the Lord, we didn’t go to absolutely marvelous. He described Ted saying: ‘‘I survived CODEL Stevens.’’ episode seven. We would have been Stevens as a ‘‘force of nature’’—which I You could—and I did—end up at the there all night. think was a rather appropriate descrip- South Pole. So I was known as the Ste- Some years ago, I was present for the tion, depending on your description of vens CODEL scribe. ceremonies in Alaska when Ted was a force of nature—and as a person who In any case, we went to Khabarovsk named the ‘‘Alaskan of the Century.’’ always made him laugh. Well, it is dif- and Vladivostok. We talked to that ad- How on Earth could a sitting Senator,

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7577 or anybody, get overwhelming citizen spending on existing programs and new the lives of individuals and the pros- support and approval and accolades programs to boot and those who look perity of communities. from his State and be named ‘‘Alaskan at any spending increase with a gleam And he recognized that other states of the Century’’? Ted did. I was there in their eye and the tools of a stone- sometimes faced similar cir- to allegedly roast him. There was a cutter. cumstances. great crowd. Facts and records are There are few, however, who can I will never forget the role Ted Ste- stubborn things. He was and is still measure value, and that is what Ted vens played during the Grand Forks today the ‘‘Alaskan of the Century.’’ did. Just at the time he thought he flooding of 1997. The Red River over- What he did and what he accomplished could make both ends meet in behalf of topped the levee that year and covered in the making of our 49th State was Alaska and our Nation, someone moved most of the city, including all of down- simply remarkable. By the way, the the chains. To his critics—and there town. And the flooding caused a major Federal Government still has not made were many—the old saying ‘‘a penny fire in the historic downtown, further good on many promises they made to for your thoughts’’ may be a fair eval- devastating the community. At the Ted when he worked so hard and dili- uation of their contribution. The time, the evacuation of Grand Forks gently to make Alaska a State. wheels of progress are seldom turned was the largest evacuation of a city At any rate, he flew in, during that by cranks, critics, or, in Ted’s case, a since the Civil War. ceremony, on a World War II plane. He howling pack of wolves. In the aftermath, the city could have had his combat jacket. He came in with Today, both political parties are hav- accepted a diminished future. It could Catherine and they took their places ing trouble looking beyond their ideo- have watched people leave and re- on very posh chairs. I will quote what logical fences. Ted Stevens was a bipar- emerged as a shadow of its former self. he said time and time again to the peo- tisan fence-mender while riding herd But it did not. The city’s leaders ple of Alaska: ‘‘The hell with politics; on all of the strays. How on Earth did pledged to rebuild. And the North Da- let’s do what’s good for Alaska.’’ he do this? How did he persevere kota delegation went to work here in I will add this: The country and our throughout an ordeal that would have the Congress to secure Federal assist- national defense and every man and best the best of men? ance to help make that vision a re- woman in uniform owe this man a Abraham Lincoln defined duty in this ality. We quickly concluded that com- great debt. way: munity development block grant fund- When you come to this body and you I do the very best I know how, the very ing would be the best source of assist- come to public service, you know you best I can, and I mean to keep doing so until ance because CDBG money is very risk your ideas, your thoughts, your the end. If the end brings me out all right, flexible and could be used to meet the hopes, and your dreams before the what is said against me will not amount to city’s highest priority needs. Unfortu- crowd. Sometimes the crowd says yes, anything. If the end brings me out wrong, nately, the Appropriations Sub- and you have friends who will stand be- ten angels swearing I was right would make committee chairman at the time was hind you when you are taking the no difference. adamantly opposed. He simply refused bows. Then perhaps something happens During Ted’s memorial service in his to support the level of CDBG funding in your life and you suddenly become a beloved Alaska, Vice President BIDEN’s we badly needed. lightning rod for accusations; you won- tribute was truly eloquent, personal, Normally, that might have been the der where your friends are, who will and pertinent. Others spoke with equal end of the story. But in this case, Ted stand beside you when you are taking meaning. But it was Senator DANNY Stevens, the full Appropriations Com- the boos, not the bows. The lightning INOUYE, his best friend, who brought mittee chairman, intervened. He saw rod was fast, furious, and egregious, es- thousands to their feet at this service, that Federal funding was absolutely pecially considering the man, his ac- clapping for minutes when he said: ‘‘We critical for the community to rebuild. I complishments, and integrity. all knew he was innocent.’’ So did 10 think maybe he saw a city in North In Washington, when there is crisis angels and those who knew him best, Dakota that needed funding just as and chaos and big-time problems, many and I think Ted heard them both. badly as many of his Alaska commu- are called but few are chosen. When the Thank you, Catherine and Ted’s fam- nities needed Federal funding to build chips were on the table, we chose Ted. ily, for sharing him with us, and, as a brighter tomorrow. And he overruled As chairman of the Senate Appropria- Vice President BIDEN said so well, we his subcommittee chairman and made tions Committee, he headed up the will not see the likes of him again. sure that Grand Forks got the CDBG posse that decided the Nation’s spend- Mr. CONRAD. Mr. President, I want funding it needed. ing priorities. What a tough job. It was to take a few minutes today to recog- The results have been spectacular. a tough job then, and it is even tougher nize our late colleague, Senator Ted Grand Forks did rebuild bigger and bet- today. But he did a heck of a job. For, Stevens. ter than ever. When some say that Fed- you see, Members of Congress are a lot Ted Stevens was a fighter. He fought eral spending is wasteful, Grand Forks like someone suffering from the flu, an for his State and his country every day is a tremendous example of how the insatiable appetite on one end and no here in the U.S. Senate. As a former Federal Government can make things sense of responsibility on the other. military pilot and recipient of the Dis- better. They said: Ted, Ted, I know we have tinguished Flying Cross, Senator Ste- So it was with profound sorrow that to meet our budget caps, but this pro- vens was a champion for the military I learned last month that Ted Stevens gram is really important to me. My here in the Senate. And he fought for had died in a plane crash on a fishing program is an investment, not a cost. the prerogatives of this institution, trip in his beloved State. His country Somehow, someway, the chairman sometimes taking on politically un- owes him thanks for his long service to has to wade through all of the demands popular causes to make the Senate his Nation, both in the military and of his colleagues, try to meet the ever stronger. here in the Congress. The State of changing and growing needs of our Na- All of my colleagues will remember and the city of Grand tion at an unprecedented time of eco- when Ted Stevens managed legislation. Forks owe him thanks for his role in nomic challenge, and through all of it, He would put on his ‘‘Incredible Hulk’’ bringing needed funding to projects all then he must fulfill our obligations to tie, his best scowl to deter Members across our State. guarantee our national security and to from offering amendments, and dare Lucy and I send our deepest condo- the many entitlement programs we are anyone to get in the way of passing his lences to his wife Catherine, his fam- very reluctant to reform in this body bills. ily, and his friends. Ted was one of a and the other body and to which we Ted knew Alaska inside and out, and kind. We will miss him. Americans seem to think we are enti- he did everything he could to make his Mr. COCHRAN. Mr. President, today tled. It is like herding cats, big cats State a better place for future genera- at Arlington National Cemetery the with saber teeth, just like those up on tions of Alaskans. He recognized that final resting place for so many national Sakhalin Island. In the doing of this, in isolated, rural States the Federal heroes, the burial service of our friend Ted Stevens was surrounded by many Government was sometimes the only and former distinguished colleague, colleagues good at proposing more entity capable of truly transforming Ted Stevens of Alaska, was attended by

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7578 CONGRESSIONAL RECORD — SENATE September 28, 2010 a large number of friends. It was my is the people whom you touch who are I had the privilege of serving with honor and privilege to serve as a Mem- so important and so critical. I think Senator Stevens for 13 years. In that ber of the Senate with Ted Stevens. too often we look at it as a policy de- time, he impressed not only myself but From him I learned the importance of bate when I think we really should be everyone with his deep commitment to hard work and seriousness of purpose looking at people’s relationships. I say his State of Alaska, to the Nation and, that characterized his exemplary serv- that from the standpoint that we need in particular, to the men and women of ice in this body. to be better in working together. the Armed Forces. He was energetic and tenacious, and Ted Stevens had a beautiful relation- Ted Stevens began his commitment he used those assets to accomplish so ship with Chairman INOUYE across the to service above self at the age of 19, much for the people of his State. His aisle in the Appropriations Committee. when he joined the U.S. Army Air quick wit and capacity for hard work It is often those relationships that get Corps. He became a pilot and at age 20 were formidable assets that enabled things done. People lament in leaving received his wings. Then he was de- him to get things done for his country this body that it has gotten less civil, ployed to the China-Burma-India the- and his fellow citizens of Alaska. it is this or it is that. My analysis is ater, where he undertook some of the It was a special pleasure to visit that it has gotten less relational, and most dangerous missions any pilot had Alaska with him and especially to par- that is the real problem, is that people to face in World War II. He flew over ticipate in his annual Kenai River fish- don’t have relationships across the the Hump. He flew supplies to Chinese ing tournament which raised money for aisle with people whom they talk with nationalist forces, and he would fre- the preservation of that river and the and with whom they are friends. They quently fly behind enemy lines to de- unique beauty of its river basin. disagree. They disagree on a lot of dif- liver his precious cargo and to keep Alaska and our Nation have lost a ferent things. They disagree probably that fight going. They would fly at great leader and a true patriot, and I on most things that are voted on. Yet night, and they would have to muffle have lost a highly valued friend. when it comes to the end of the day the flights—their engines—to avoid de- Mr. BROWNBACK. Mr. President, it and we have to get something moving tection by the Japanese. They would wasn’t an hour ago that we saw the and done, it is that relationship of land and camouflage the planes, be- lofty formation of four jets flying in trust and that here is a person who is cause they were in enemy territory, formation over the burial site of Ted a friend that you can work with is and then they would take another dan- Stevens. Then, just as it passes over what counts. I think that is what we gerous flight out in the evening—to re- the site, one of the jets heads up, really need to look at much more, the turn again and again. That kind of sac- breaks formation, and heads into the relational needs. It is not something rifice and service and courage is re- sky above the others. It is such a mem- you can artificially do. It is something markable. orable moment. I have seen this now that has to take place over a period of Also, typical of Ted Stevens, it was twice, this formation. It is so memo- time. It is something that has to take not something he boasted and bragged rable for me on this particular occasion place over probably a period of a series about a lot. He just did it. That was because it is about a man who is so of projects where, after a period of one of the great strengths of Ted Ste- memorable. time, you say, you know, this is a per- vens. He just did things he thought Senator Ted Stevens served in this son whom I can work with, whom I re- were right. body for many years and is ‘‘Mr. Alas- late well with, and whom I trust. I When he returned to the United ka’’ to this Nation’s Capital and to think it is that trust that gets things States, he attended college. He went off many of the people in his home State. done at the end of the day. It is that to Harvard Law School and became a He is one of those soaring, towering sort of thing you could often see in Ted lawyer. Although he had midwestern figures who served in this body. He died Stevens. roots, he saw his future in the great at age 86 in a tragic accident, but he Whenever Ted Stevens gave his word, State of Alaska. He packed up and leaves a memory and a legacy that you knew it was going to happen. If he went to Alaska, and Alaska changed won’t be forgotten. had any way of doing it, it would be ac- him, but I suspect he changed Alaska One of the things I find so endearing cording to what he said. I had a friend more. One of the things I believe he felt about the memory of Ted Stevens is his of mine who once said that when a man very strongly about, having seen the tenacity in his work and his belief in breaks his word, it breaks the man. great effort of World War II, having the body. This guy would fight tire- You could look at Ted Stevens and the seen citizens come together from lessly for his State, for his beliefs, and guy was consistent; if he said he was across this land from different commu- for this body. He did it for a lengthy going to do something, it was some- nities, different ethnicities and races, period of time through a number of dif- thing he would stand with, and that is to forge a unified effort to do a great ferent administrations and was an in- a good trait. thing, he was convinced that govern- stitution in and of his own right in I bring these memories of Ted to the ment could make a positive and impor- what he did. I know the Presiding Offi- floor at a time when we have just wit- tant contribution to the life of his cer, who works in this body and has nessed the jet fly up toward the sky in community in Alaska. He worked very served in this body, is someone who re- memory of Ted Stevens and of his spir- hard. He worked hard to build roads, to members Ted Stevens similarly. it and of his relational nature that he build bridges, to literally bring to- I didn’t realize some of the other as- had within this body, with people he gether the people of Alaska. He sup- pects the Chaplain of the Senate talked knew and who knew him, who trusted ported consistently and enthusiasti- about. There were about 6 years when him and whom he trusted. I really com- cally the military forces—not just Ted was President pro tempore of the memorate that way of service, that there but across the globe. He too Senate, so he would open the Senate time of service. I also commend to served, and he knew what these men every day. He would open the Senate, Members continuing in this body that and women were doing and how impor- pledge allegiance to the flag, and then we be a lot more relational and inten- tant it was. came the prayer. Senator Stevens at tional about relating to one another so Something also struck me, too, while that time would go to the Chaplain and that we really look for those chances I was at the services today. A gentle- say: Let’s bring up the prayer pressure, to do that. men from New England came up to me Chaplain—really urging him and us for- God bless you, Ted Stevens. and said, ‘‘Hi, Senator.’’ I wondered ward and to do things better and better Our thoughts and prayers go out to why he would be there. He was involved for this country. It is a marvelous leg- his family and to the survivors, cer- in the fishing industry in New England, acy to think about and to know about. tainly, of that terrible plane crash that and he appreciated what Senator Ted One of the beauties of serving in this took Senator Stevens. Stevens did for the fishing industry in body—and this is my last year in this Mr. REED. Mr. President, this after- Alaska, because he extended some of body—is the people you get to meet noon at Arlington National Cemetery, the same help to us in the Northeast. and get to know. One thing that is al- this Nation laid to rest a great Amer- That was another thing about him. If ways so striking to me is that while we ican, a great patriot, an extraordinary he thought it was important enough deal with policy issues all the time, it Senator, Ted Stevens. for his constituents, he equally felt it

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7579 was important for all people. He helped erine and all of Ted’s family. I also Boyne continues: all of our constituents, and he would do want to extend my condolences to Sen- Young Lt. Stevens was probably dis- it in a positive way. ator Stevens’ staff who worked tire- appointed to find himself in the cockpit of a I always found Ted Stevens to be lessly for him and for all of Alaska for transport plane. He had completed flying somebody who was clear on where he so many years. school at Douglas, Ariz., earning his wings stood. If he was with you, you didn’t Aloha, farewell to Senator Ted Ste- by May 1944, and probably expected to be as- have to worry. If he was against you, vens. signed to Lockheed P–38 fighters. The urgent you should worry. But he was con- Mr. WICKER. Mr. President, I rise requirement for transports dictated other- wise, however, and he was assigned to the sistent and honest. He represented the this evening, as so many colleagues 322nd Troop Carrier Squadron, part of the values we all appreciate—candor, hon- have done, to pay tribute to and re- 14th Air Force commanded by Gen. Claire esty, and decency. member one of the Senate’s most en- Chennault. Today, America has laid to rest a during Members, the late Senator Ted Boyne writes: great patriot. To his family, our deep- Stevens of Alaska, who was buried While the route over the Himalayas de- est condolences. But what he has today. For 40 years, Senator Stevens manded piloting skill and endurance, Ste- done—and not just for the people of represented the people of Alaska in vens also flew many missions within the in- Alaska but for all of us—has left an ex- this body with zeal, with dignity, with terior of China, some going behind Japanese ample of patriotism, of diligence, of intellect, and with strength. lines, bringing supplies in direct support of hard work, and of commitment to this Ted Stevens came in a small pack- Chinese troops. Senate, which will sustain and inspire age, but he was indeed a giant—a giant For his service, Stevens received two us in the difficult days ahead. For that, for Alaska and for the Senate. He Distinguished Flying Crosses, which I thank him. helped to chart a course for America’s Boyne points out ‘‘can be awarded to Mr. AKAKA. Mr. President, I rise to 49th State and our entire Nation any member of the U.S. armed forces pay tribute to Senator Ted Stevens, a through his vigorous dedication and who distinguishes him or herself by great American. passion. As one of the earliest pro- ‘heroism or extraordinary achievement Senator Stevens cared deeply for the ponents of statehood for Alaska, Ted while participating in aerial flight.’ ’’ people of Alaska, and all the people of Stevens’ legacy remains intertwined I ask unanimous consent that the en- the United States of America. with Alaska’s development. His pride tire article be printed in the RECORD. He dedicated his career to the secu- in Alaska was unmatched. There being no objection, the mate- rity and well being of this country, Fighting on behalf of Alaska, Sen- rial was ordered to be printed in the from his early days as an Army Air ator Stevens was instrumental in de- RECORD, as follows: Corps pilot in World War II where he veloping America’s energy policy and [From The Washington Post, Aug. 11, 2010] served multiple deployments across highlighting the incredible natural re- TED STEVENS: A FLIER WHO FACED THE RISKS several continents, through his long sources available in our own country. (By Walter J. Boyne) career here in the U.S. Senate, as the He saw the danger posed by a lack of longest serving Republican in the his- The crash of a famed ‘‘bush’’ aircraft, the energy security for this country, and de Havilland DHC–3T Otter, near Aleknagik, tory of this institution. drawing on Alaska’s vast resources, he Ted Stevens was a brother and a dear Alaska, that killed former U.S. senator Ted tirelessly advocated American energy friend. We were ohana, family. We Stevens, 86, on Monday brought to a close a independence. His work, including the worked together on so many issues to life filled with the dangers of flying. Before Trans-Alaskan Pipeline Authorization Stevens began the career in elected politics serve the needs of our noncontiguous Act of 1973, created good jobs for Alas- that culminated in 40 years in the Senate, he States. left college to serve in the U.S. Army Air Senator Stevens knew well the kans and helped supply the power America desperately requires to fuel Corps in World War II. And in 1978, Stevens unique challenges both Alaska and Ha- survived the crash of a Learjet at the An- our economic growth. waii face, as the newest States, far- chorage airport in which his wife, Ann, was A true American patriot who was thest from the U.S. mainland. killed. Ted Stevens’ love of Alaska is well concerned about U.S. security, Senator Stevens had long accepted the hazards of known. But many people do not know Stevens was determined that we main- flight in Alaska as being part of the political Ted was actually a great surfer, and he tain the ability to stand alone, if nec- scene. Doubtless he was one of the few people essary, against the international forces who could fly over the state’s rugged terrain was a frequent visitor to Hawaii. He with serene confidence. He had often flown loved to surf Kaimana Hila, Diamond of evil that plot our destruction. When it came to national defense, Ted Ste- over far more hostile territory during World Head, and Waikiki. War II. When his surfing days were over, he vens demonstrated his commitment at At age 20, Lt. Stevens flew twin-engine brought his favorite surfboard here to an early age, long before his days in transports ‘‘over the Hump,’’ carrying vital Washington and displayed it in his Sen- the Senate. I once heard Ted refer to supplies from bases in India to the Chinese ate office, alongside the many treas- the men and women of today’s Armed armies resisting Japan. On these often-unac- ures from Alaska. Ted loved Hawaiian Forces as ‘‘the next greatest genera- companied missions he had crossed the tion.’’ He truly knew whereof he spoke. Himalayas; in Asia, the mountains were music and song, and I enjoyed singing higher than in Alaska, the weather worse, with him. At 19 years of age, he enlisted in the Army Air Corps, during one of the and there was always the threat of a Japa- Ted Stevens was a friend of Amer- nese fighter plane showing up to dispute the ica’s first people. He constantly re- darkest periods in American history. passage. For his dedication and heroism fly- minded the United States of its respon- Having seen combat, Ted Stevens knew ing the Hump and other flights behind Japa- sibility to its indigenous people in what service, valor, and bravery nese lines, Stevens was awarded the fourth- Alaska, Hawaii, and across the coun- meant, and he saw that in the coura- highest federal medal, the Distinguished try. geous men and women admirably serv- Flying Cross (DFC). While the people of Alaska will al- ing now. The ‘‘Hump’’ route had a more sinister ways remember him, visitors to our Retired Air Force COL Walter J. nickname: the ‘‘Aluminum Trail,’’ for all the aircraft wreckage that glinted brightly when Nation’s Capitol will also be reminded Boyne wrote a tribute to Senator Ste- vens that appeared in the Washington the sun made its rare appearances. American of Ted Stevens’ work. Together we pilots began flying the 530-mile route in 1942, were successful in moving the 1965 Post on August 11. I will quote excerpts taking off from bases in India and Burma. In model of the Statue of Freedom out of from Colonel Boyne’s memorable piece: October that year, all of the transport units storage and into its prominent place At age 20, Lt. Stevens flew twin-engine operating in the theater were brought into today in the Capitol Visitor Center transports ‘‘over the Hump,’’ carrying vital the 10th Air Force, by direct order of Gen. Emancipation Hall. supplies from bases in India to the Chinese Henry H. Arnold, chief of staff of the U.S. Ted Stevens brought strength and armies resisting Japan. On these often-unac- Army Air Forces. companied missions, he had crossed the The Douglas C–47 aircraft that were ini- passion to the Senate for many dec- Himalayas; in Asia, the mountains were tially used strained to reach and maintain ades. He was a constant presence in higher than in Alaska, the weather worse, the altitudes necessary to clear the this institution. and there was always the threat of a Japa- Himalayas. When the larger, more powerful My wife Millie and I send our warm nese fighter plane showing up to dispute the (but more difficult to fly) Curtiss C–46 was aloha and deepest condolences to Cath- passage. introduced to the 322nd in September 1944, it

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7580 CONGRESSIONAL RECORD — SENATE September 28, 2010 allowed slightly more margin for error. Yet ‘‘You have not dreamed of—wheeled and CREATING AMERICAN JOBS AND the route took its toll: At least 600 aircraft soared and swung ENDING OFFSHORING ACT—MO- and more than 1,000 lives were lost in the ‘‘High in the sunlit silence. Hov’ring there TION TO PROCEED three years it was used. In 1945, airlift needs ‘‘I’ve chased the shouting wind along, and ended when the Burma Road, from Lashio, flung The PRESIDING OFFICER. Under India, to Kunming, China, was reopened. ‘‘My eager craft through footless halls of air. the previous order, the Senate will re- Young Lt. Stevens was probably dis- ‘‘Up, up the long delirious, burning blue, sume consideration of the motion to appointed to find himself in the cockpit of a ‘‘I’ve topped the windswept heights with proceed to S. 3816, which the clerk will transport plane. He had completed flying easy grace report. school at Douglas, Ariz., earning his wings ‘‘Where never lark, or even eagle flew— The assistant legislative clerk read by May 1944, and probably expected to be as- ‘‘And, while with silent lifting mind I’ve trod as follows: signed to Lockheed P–38 fighters. The urgent ‘‘The high untresspassed sanctity of space, Motion to proceed to consider Calendar No. requirement for transports dictated other- ‘‘Put out my hand and touched the face of 578, S. 3816, a bill to amend the Internal Rev- wise, however, and he was assigned to the God.’’ 322nd Troop Carrier Squadron, now part of enue Code of 1986 to create American jobs the 14th Air Force commanded by Gen. On August 9, 2010, Ted Stevens and to prevent the offshoring of such jobs Claire Chennault. slipped the bonds of Earth one final overseas. The unit was based primarily at Kunming, time. He died, literally and figu- The PRESIDING OFFICER. Under the original home of Chennault’s famous ratively, with his boots on, among the previous order, there will be 20 American Volunteer Group, the Flying Ti- friends, enjoying the rugged and dan- minutes of debate, equally divided, be- gers. The 322nd was equipped with the C–47 gerous beauty of nature and of the tween the two leaders or their des- ‘‘Skytrain,’’ which came to be known as the State of loved. We will miss his leader- ignees prior to a vote on the motion to ‘‘Gooney Bird.’’ The C–47 had been derived ship and his friendship and the Nation from the revolutionary Douglas DC–3 trans- invoke cloture. port and was used by the armed services will long be indebted to him for his The Senator from Iowa. until the 1970s. lifetime of service. Mr. GRASSLEY. Mr. President, in a In September 1944, Stevens later recalled, Mr. REID. Mr. President, Ted Ste- few minutes, the Senate will be voting he transitioned into the C–46, which after vens was as dedicated to his State as on the motion to invoke cloture on the initial (and too often fatal) troubles with its anyone to ever serve in this body. motion to proceed to a bill that has Curtiss Electric propellers, turned into an From his fight for Alaska’s statehood been mislabeled the ‘‘Creating Amer- aerial workhorse that substantially in- to the four decades he represented that ican Jobs and Ending Offshoring Act.’’ creased the capacity of the 322nd to move State in the U.S. Senate, he never for- The part of the bill that is attracting supplies. the most attention is the repeal of de- While the route over the Himalayas de- got where he came from or who elected manded piloting skill and endurance, Ste- him. ferral for the income of foreign subsidi- vens also flew many missions within the in- Although he set the record as the aries for importing into the United terior of China, some going behind Japanese longest-serving Republican Senator in States. Deferral is the policy that al- lines, bringing supplies in direct support of American history, his legacy is not lows U.S. corporations to defer paying Chinese troops. Stevens often had to land at measured by his longevity but by the U.S. tax on the earnings of its foreign tiny camouflaged airports, some with primi- indelible impact he had on Alaska. subsidiaries until those earnings are tive crushed-stone runways that were nar- sent back to the United States when, rower than the wingspan of his plane. He He made much of that impact during from his time on the Appropriations at that point, they are going to be flew throughout Indochina, over what is now taxed just like every other corporate Laos, Cambodia and Vietnam, and even made Committee, and I learned a lot from flights into Mongolia. The 322nd was also working with him there. He once gave income. In general, deferral is not allowed if tasked with bringing vital supplies to the me a necktie with a picture of ‘‘The In- the income is earned offshore and the small American fighter bases that had credible Hulk’’ on it as a token of his reason for it being offshore is solely to sprung up far from road or rail traffic. appreciation for my work on an appro- On one 1945 trip to Beijing (then Peking), avoid tax. What is bad about the bill is priations bill. It was his unique way of Stevens encountered bad weather, and there it would deny deferral for income that saying ‘‘thank you,’’ and it meant a lot was no local ground control to assist him. He a foreign subsidiary legitimately earns improvised a non-precision approach using to me. I still have that tie. from the sale of goods into the U.S. the local radio station and his plane’s radio Public service was more than a ca- direction equipment. After the war, he re- market. reer for Senator Stevens; it was his The problem is that there has been turned and found that the approach he had life’s calling. He served his country devised was still being used. no finding that such income is earned The Distinguished Flying Cross, first from halfway around the globe, fight- outside the United States by a motiva- awarded in 1927 to Charles Lindbergh, can be ing with the Flying Tigers in World tion to simply avoid U.S. taxes. So this awarded to any member of the U.S. armed War II, and served his State from clear bill is completely contrary to a whole forces who distinguishes him or herself by across the continent when he came to half century of bipartisan thinking as ‘‘heroism or extraordinary achievement the U.S. Senate. But no matter how far to when it is appropriate to deny defer- while participating in aerial flight.’’ While away from home, he always kept it ral and when it is not. That bipartisan- Stevens was also awarded the Air Medal and close to his heart. ship goes back to President John F. the Yuan Hai medal by the Chinese Nation- Senator Stevens loved flying, loved alist government, he surely must have been Kennedy’s administration, when there most proud of his DFC. the outdoors, and loved his State. He was a bipartisan agreement within the died doing what he loved, and his foot- Mr. WICKER. Only 3 years before Congress and between the President print will forever be visible across the Senator Stevens earned his wings, and the Congress that this is the tax Last Frontier. Pilot Officer John Gillespie Magee, Jr., policy we should have to make Amer- I suggest the absence of a quorum. of the Royal Canadian Air Force com- ican manufacturing competitive with The PRESIDING OFFICER. The posed a poem after being struck by the foreign competition. clerk will call the roll. sheer wonder of flying a test flight at To the contrary, there are obviously The assistant legislative clerk pro- many reasons for a foreign subsidiary 30,000 feet. This poem was sent home to ceeded to call the roll. of a U.S. corporation selling goods into John Magee’s parents just a few days Mr. GRASSLEY. Mr. President, I ask the United States. There could be a before his death. It is entitled ‘‘High unanimous consent that the order for need to be near to a certain overseas Flight.’’ I will close with those words in re- the quorum call be rescinded. market or the good in question may membrance of an American hero, Sen- The PRESIDING OFFICER. Without not be found in appreciable quantities ator Ted Stevens: objection, it is so ordered. within the United States. Yesterday, I referred to chromium not being avail- ‘‘Oh! I have slipped the surly bonds of earth f able in the United States, as one exam- ‘‘And danced the skies on laughter-silvered wings; ple. CONCLUSION OF MORNING There could be many reasons having ‘‘Sunward I’ve climbed, and joined the tum- BUSINESS bling mirth nothing to do with tax policy. But the ‘‘Of sun-split clouds—and done a hundred The PRESIDING OFFICER. Morning sponsors of this bill don’t seem to un- things business is closed. derstand that fact, that American

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7581 manufacturing ought to be competitive the idea in this bill had the kinds of Furthermore, I have no confidence, with overseas competition or, obvi- merits claimed by their proponents, even if the Democratic leadership were ously, we are going to lose business and then they should welcome the Finance to follow regular order for floor pur- lose jobs in the process or perhaps the Committee reviewing it. Let members poses, that we could expect anything bill’s sponsors would admit that curb- ask questions as they review the lan- like a conference committee to work ing tax avoidance is not the point. Per- guage. Test the strength of ideas out the issues between the House and haps they would instead claim it is all through the committee process. the Senate. about an effort to create American The Democratic leadership has short- In sum, the bill’s substance would jobs. circuited the opportunity to methodi- more likely lead to an increase in That would be a very good goal, but cally test the bill as good tax policy. offshoring of American jobs and would it is unlikely to create jobs. I fear it Unfortunately, this process defect has make American companies less glob- would have the opposite effect. The bill been more the rule than the exception. ally competitive. The bill’s procedure may lead to fewer headquarters jobs in Since the stimulus bill in January of is very irregular and not in the the United States, if a corporation, for 2009, the Finance Committee has only thoughtful traditions that so dignify uncompetitive reasons, decided to marked up one tax policy bill, and that the Senate. move totally offshore and take those was the health care reform bill. For purposes of the contents of the headquarters jobs with them. The bill My sense is the Democratic leader- amendments, as well as this procedure, could lead to a loss of American jobs ship simply does not want this bill to I ask that we vote against this bill. assembling finished products from undergo scrutiny of a regular-order I yield the floor. parts assembled outside the United process—in other words, the way the The PRESIDING OFFICER. The Sen- States. Senate normally does business. This ator’s time has expired. In the words of the late Senator Moy- bill is presented as a ‘‘take it or leave The Senator from Michigan is recog- nihan, who was, for a long time, chair- it’’ proposition. Republicans are not nized. man of the Senate Finance Committee, supporting cloture because they are Ms. STABENOW. Mr. President, I in speaking in opposition to this very not being offered the opportunity to rise today asking that we vote to pro- same proposal 14 years ago: amend this bill with amendments that ceed to this measure so that we can Investment abroad that is not tax driven is go to the supposed purposes of the bill. have a full discussion and debate and good for the United States. No amendments are allowed on any tax work on the issues that are so impor- In other words, what he is saying incentives for job creation. No amend- tant to middle-class families related to there is, if there is investment abroad ments are allowed on measures to pre- incentives for jobs being shipped over- but it is not solely to avoid U.S. tax- vent offshoring of jobs. In other words, seas versus incentives to have jobs in ation but has economic substance be- the Senate being a deliberative body of America. hind it, that is good for the United a bicameral Congress—and, obviously, I agree with my distinguished col- States. the House is not a deliberative body— league from Iowa—we have worked to- He did not say this. Contrariwise, if the purpose of this body is being gether on many issues—that there is a there is money offshore simply to avoid neutered by the procedure this bill is larger set of issues. It is very impor- U.S. taxation, then obviously that is going through. For instance, I have tant that in the next Congress we focus wrong. As an example, Senator BAUCUS amendments dealing directly with the on comprehensive tax reform. Perma- and I have been involved in the Stanley offshoring of jobs. They are bipartisan nently extending the research and de- Corporation doing that 6, 7 years ago, amendments. But if I vote for cloture, velopment tax credit, as the President and we plugged those loopholes. I have no assurance from the Demo- has proposed, which I strongly support, I agree with Senator BAUCUS when he cratic leadership that these amend- is very important to us for long-term was recently quoted as to this bill say- ments will be in order. I will describe innovation and the ability to invest in ing: these amendments. America. I believe it is important to I think it puts the United States at a com- The first amendment mirrors a bill have fair trade agreements, agreements petitive disadvantage. That’s why I’m con- the junior Senator from Vermont and I that are enforced. When we look at a cerned. have coauthored. It is the Employ country such as South Korea, where If there is any doubt about whether I America Act. It would prevent any our manufacturers have been blocked agree with that statement of Senator companies engaged in the mass layoff from selling into South Korea, where BAUCUS, the Democratic leader of our of American labor from importing automakers have been at a disadvan- committee, I agree with Senator BAU- cheaper labor from abroad through tage, we need to make sure those issues CUS. temporary guest worker programs if are fixed before that trade agreement In addition, there are procedural de- they lay somebody off. or any trade agreement moves forward. fects concerning this bill. I wish to The second amendment I filed today There are many issues on which we start this part of my remarks by rely- mirrors a bill the senior Senator from need to focus under the whole commit- ing on a statement Senator REID said Illinois, a Democrat, and I have worked ment that we want to export products, to me privately—he might deny he on for several years. It is the H–1B and not jobs. made this statement, but soon after L–1 Visa Reform Act of 2009. It would I will talk about specifically what is the 2006 election, when the Senate be- improve two key visa provisions while in this bill, this piece of it, because came a Democratic majority rather rooting out abuse while making sure this goes to the question of whether, in than a Republican majority, he said Americans have the first chance of ob- Michigan or in any State, if there is a something like this to me: You and taining high-skilled jobs in this coun- decision made to close operations and Senator BAUCUS work so well together. try. take it to another country, lay off peo- I want you to know I am going to let Many Americans are unemployed. ple in Michigan and move those jobs the committees continue to function as Yet we still allow companies to import overseas, whether the workers, their they always have, particularly in your thousands of foreign workers. These families, Americans should subsidize case because you have such a close businesses should be asked to look first that through a tax system that pro- working relationship. at Americans to fill those jobs, and vides that you can take a deduction, a With that as background, things have they should be held accountable for loss, or a credit for amounts paid in changed very recently so that every displacing Americans to hire cheaper connection with reducing or ending an bill seems to be written in Senator foreign labor. operation in America if you are start- REID’s office, not in committee. These two amendments go directly to ing the same kind of operation over- This bill before us has not been vet- the concerns about job creation and seas—in other words, shipping your ted by the Finance Committee. Does the prevention of offshoring of U.S. jobs overseas. Right now, you shut anyone believe that if my friend the jobs. Both amendments are bipartisan. down, you get business tax deductions chairman were to put this bill before Yet if cloture is invoked, these amend- for what it costs you to shut down the the Finance Committee, it would be ap- ments would fall on the Senate cutting operation and start it up somewhere proved in the form it is right now? If room floor. else. To add insult to injury, we have

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7582 CONGRESSIONAL RECORD — SENATE September 28, 2010 workers training folks to take their is made. China thinks it matters where The first President Bush said that $1 place. We heard over and over what a it is made. India thinks it matters billion in trade deficit translates into challenging, humiliating, angering sit- where it is made. Germany, Brazil, 13,000 jobs. So if we have a trade sur- uation that is for too many of our Japan—go around the globe. They look plus of $1 billion, it means we are sell- workers. at us. They look at what created the ing a lot more than buying and have The question is, on this policy, know- middle class of this country. They gained 13,000 jobs. If we have a trade ing there is much more that needs to want that, so they are focusing on deficit of $1 billion, we have a 13,000 job be done, which I support—and I do sup- manufacturing. They are putting in loss. Well, we have a trade deficit with port looking at the entire tax system place their own barriers—and China, of China alone of $260 billion, so we know and how we are competing in a global course, wins the prize on this—to keep what that means. economy and making sure our busi- our companies out, to say, you have to Look at what this PNTR with China nesses in America have every advan- make it in China, to say it has to be a has done. Look at what our tax laws tage, every opportunity to compete Chinese patent, you have to turn over and trade laws have done, and this leg- successfully. But the question is, the your technology, and so on. islation will begin to fix the tax laws. single question on this vote that is This bill is part of our effort to say Look at what tax laws and trade laws coming up very shortly is whether we that we are committed to fight for have done to the middle class, to our are going to allow companies that shut America, American businesses, Amer- manufacturing base in Toledo, OH, and down operations and start similar oper- ican workers. This is not about pun- Monroe, MI, and points north and ations abroad to write off their Amer- ishing folks; this is about fighting for south of there. It has all been based on ican taxes, whether the same people America. It is about fighting for a way this sort of cynical business plan. Not who are losing their jobs are going to of life. It is about fighting for the mid- since colonial times have we seen the have to help pay for the jobs going dle class of this country. We want to world where a company—an industry— overseas. That is No. 1. We say no. We make it in America, and this bill sends will close their manufacturing in our say that as a basic premise, that is a very simple message: Stop shipping country, they will move their produc- wrong. our jobs overseas. Stop having loop- tion line and build factories in another No. 2, the question is whether we holes in the law, incentives in the law country and then sell back their prod- should end Federal tax subsidies that that ship our jobs overseas. ucts to the United States. Never before reward firms that move their produc- We have lost over 4.7 million manu- have large numbers of businesses and tion overseas under something called facturing jobs in the last decade. We industries done that, to my knowledge. deferral. This bill says no. can debate the 8 years of the former Now we are seeing what damage it has No. 3, the question is whether we are Presidency and the incentives that caused to the middle class. We see the going to provide incentives—among caused job loss and too many of those manufacturing job loss. We went from 1 many incentives we have and need to in my State of Michigan. We know that million manufacturing jobs 10 years have—whether we will say: If in the if we focus on making products in ago to, during the Bush years, that next 3 years you as a company choose America, we will bring those jobs back; number shrinking to 600,000 manufac- that if we close loopholes, if we create to bring back jobs from overseas and turing jobs in this country. hire Americans, we want to provide an incentives, we will bring jobs back. We are seeing progress. This legisla- One example, and then I will close— incentive by giving a 24-month, a 2- tion is progress. Clearly, I am hopeful I see my colleague from Ohio is here— year payroll tax holiday for those our Republican colleagues won’t ob- when we focus on the right incentives, workers—if you are bringing jobs back ject, as they typically have. They know we do bring jobs back. In the last En- from overseas. people who have lost jobs, I assume, ergy bill, section 136—which I was That is simply what this is. It is not and they understand that. But we have pleased to author on tooling older everything, but it is a very important also seen the President begin to en- plants to help businesses get retooling piece of the puzzle. That is what this is force trade laws. loans—caused Ford Motor Company to all about. Mr. LEAHY. Mr. President, I strong- bring jobs back from Mexico to Wayne, For me, this is a fight about whether ly support the Creating American Jobs MI. The jobs came back because of the we are going to make products in and Ending Offshoring Act. These right incentives. This bill is about the America. If we make a commitment, as clearly justified reforms will close right kinds of incentives and closing we have begun to do through the Re- wasteful tax loopholes for firms that covery Act, through the advanced man- the wrong kinds of incentives. I ask our colleagues to give us the move jobs overseas and provide real in- ufacturing tax credit, through the opportunity to get to this bill, to work centives for firms to bring jobs back to focus on manufacturing that has begun together to stop the bleeding, stop the the United States. I am proud to join to get business moving again, we are shipping of jobs overseas, and give us Senators DICK DURBIN, HARRY REID, going to have the ability to make it in the opportunity to make it in America BYRON DORGAN, BARBARA BOXER, CHUCK America. And when we make it in again. SCHUMER, , and SHEL- America, we are going to make a lot of Mr. BROWN of Ohio. Mr. President, DON WHITEHOUSE in cosponsoring this it in Michigan. The reason I am very will the Senator from Michigan yield? bill. committed to strengthening our manu- Ms. STABENOW. Yes, I will be happy For the past two decades our country facturing base is because I know that is to. has witnessed a disturbing trend to- going to strengthen Michigan because Mr. BROWN of Ohio. Mr. President, I wards outsourcing American jobs we have the engineers, we have the thank the Senator from Michigan for abroad. What began as a way for do- skilled workforce, we have the know- her work on this legislation—she was mestic manufacturers to cut labor how, we have the innovation and the here late in the evening yesterday—and costs has blown into a full-fledged ingenuity. If we make it in America, the effort she has put forward. sprint by some U.S. manufacturing and we are going to be making a lot of that It was 10 years ago this month that service companies to move as much in Michigan. the Senate passed permanent normal production offshore as possible. We are committed more broadly to trade relations with China. Initially, The devastating effects of global doing that. We cannot have a middle that was called most-favored-nation offshoring have hit large, manufac- class if we do not make products. If we status, as Senator STABENOW remem- turing States like Ohio, Michigan, In- do not make products and grow prod- bers. They dressed it up, cleaned it up, diana, and California with particular ucts and add value to it as a country, put lipstick on the pig, and decided hurt, but smaller States like Vermont we will not have a middle class. The they should call it something else. We are not immune to the global realities reason we are losing our middle class is know what it has done to our country. of corporate outsourcing and consolida- because there has been in the last dec- We had a trade deficit with China in tion. Unfortunately, there is quite a ade much more interest in how cheaply the fairly low double digits back 10 list of companies in recent years that we can buy something rather than years ago. Today, our bilateral trade have either left our State or gone out where it is made. Every other country deficit with China is $260 billion. I be- of business entirely because they has understood that it matters where it lieve last year it was $240 billion. moved jobs overseas or were squeezed

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7583 out of the market by competitors using work they once did with American tax incentive. The Joint Committee on cheap, foreign labor. workers. And in a bid to turn around Taxation estimates it is worth $10 bil- That is why the Senate must move the twisted incentives in our Tax Code, lion annually in terms of reduced taxes forward with considering the Creating incentives that now encourage compa- to domestic manufacturers, large and American Jobs and Ending Offshoring nies to send jobs overseas, it would pro- small. The chairman’s mark was a Act. vide incentives for companies to bring joint mark between my friend, then- First, the bill will eliminate the per- those jobs back home. ranking Democratic member, MAX verse tax subsidies that U.S. taxpayers I understand some of my colleagues BAUCUS, and me. provide to firms that move facilities oppose this legislation because they Ranking Member BAUCUS and I came offshore. Specifically, it prohibits a fear it might violate our treaty obliga- up with a bill title. It was the Jump firm from taking any deduction, loss, tions. It is difficult to have sympathy Start Our Business Strength or JOBS or credit for amounts paid in connec- for this position, given the thousands bill. The bill went through the usual tion with reducing or ending the oper- of U.S. jobs lost because our trading transparent Finance Committee mark- ation of a trade or business in the partners fail to live up to their treaty up process. Over several days, Finance United States and starting or expand- obligations. I am in favor of trade, but Committee members reviewed the lan- ing a similar trade or business over- I strongly oppose unilateral disar- guage, asked questions, and prepared seas. mament when it comes to trade. It is and filed amendments. When I gaveled Second, the bill will close the tax our obligation to defend the interests the committee to order, several amend- loophole that rewards U.S. firms that of U.S. workers. Ending the tax incen- ments were debated. Some were de- move their production overseas and tives that cost thousands of those feated. Some were modified and accept- then turn around and import those now workers their jobs is one way we can ed. Others were discussed and with- foreign-made products back to the fulfill that obligation. drawn. Every Finance Committee United States for sale. Not only will U.S. companies that do the right member played a role in shaping the this help keep good manufacturing jobs thing by their U.S. workers should not bill the committee approved. And it here at home, it will save American be at a disadvantage over those compa- should be noted the only dissents were taxpayers more than $15 billion in rev- nies that ship jobs overseas. U.S. tax two members on the then majority enue over the next decade. law should not encourage companies to side. When the bipartisan JOBS bill was Finally, to encourage businesses to fire hard-working Americans. We scheduled for floor debate, then major- create jobs in the United States, the should pass this legislation and end the ity leader Bill Frist brought up the Fi- bill will provide businesses with pay- distorted incentives that are costing nance Committee bill. Both my friend, roll tax relief for each new job that Americans their jobs. Senator BAUCUS, and I were consulted they bring back onshore. Mr. GRASSLEY. Mr. President, very on the floor bill’s contents. At that During these trying economic times, soon, the Senate will be asked to vote time the Democratic leadership filibus- too many Vermonters are struggling to on the motion to invoke cloture on the tered efforts to effectively process the find goods jobs and pay their bills. The majority leader’s motion to proceed to bill. Keep in mind there was no dissent economic collapse came swiftly, and we a bill that is mislabeled the ‘‘Creating in the Finance Committee on the sub- have all seen that there are no quick American Jobs and Ending Offshoring stance of the bill on the Democratic fixes to turn around our economic Act.’’ side. As I said before, two members of troubles. We staved off greater eco- The process for this bill illustrates my leadership, on very principled nomic disaster with an essential eco- how the Democratic leadership has grounds, voted against this popular nomic rescue plan, and we have tried to dumbed down any efforts to seriously bill. Despite opposing the bill in com- jump-start the economy with a bold legislate any tax policy issues. To show mittee, those two members supported economic recovery plan. But employ- how far, as a body, we have run off the the majority leader’s efforts to bring ment opportunities here at home are rails in legislating, let’s compare the the time-sensitive legislation to the hampered when employers push more legislative track record of this bill floor and process it in a timely fashion. and more jobs overseas. with the last major piece of tax legisla- It took three cloture votes to process Last year, Congress helped lay the tion designed to deal with domestic job the JOBS bill. That is right. Three clo- groundwork for a renewed and vibrant creation. ture votes. The basis for the multiple economy by enacting tax relief for I am referring to the bill that re- filibusters of the JOBS bill was not op- working families and businesses and sponded to a World Trade Organization position to material in the bill. The making needed investments in ruling against a domestic manufac- Democratic leadership filibustered over broadband deployment, job training, turing benefit known, at that time, as items not in the bill that they wanted electrical smart grids, water and trans- the foreign sales corporation or FSC to offer as amendments. The Repub- portation infrastructure, better program. Dangerous tariffs were pend- lican leadership did something we sel- schools, housing, first responders, and ing with respect to many American dom, if ever, see from the Democratic new energy sources. We need to ensure products. How was that legislation leadership. Majority Leader Frist that these important investments by handled? yielded by allowing votes on those U.S. taxpayers benefit businesses and First of all, the Finance Committee issues, which were not in the bill, but workers here at home. members and staff engaged in a lot of controversial with many in the Repub- Mr. LEVIN. Mr. President, the Amer- due diligence in crafting the replace- lican Conference. Many votes were held ican people understand a simple truth: ment regime, the domestic manufac- on the JOBS bill. Some were designed Our Tax Code should not encourage turing deduction. On a bipartisan basis, by those close to the Democratic cam- U.S. companies to send their jobs over- Finance Committee staff, principally paign operation solely to score polit- seas. That is why we have proposed the the tax and trade staffs, met with the ical points. The Republican Con- Creating American Jobs and Ending interested parties, including officials ference, as the majority party at the Offshoring Act. This legislation would from the litigating group, the Euro- time, recognized multiple votes were take important steps to prevent Amer- pean Union. the price to pay to push part of the ma- ican workers from losing their jobs be- Finance Committee staff, Republican jority’s agenda. cause American companies get tax and Democrat, negotiated a bill that Even if that agenda consisted of breaks when they move jobs overseas. took the revenue generated from re- doing the people’s business by proc- I thank Senators REID, DURBIN, SCHU- pealing the FSC benefit, added revenue essing a bill with more support on the MER, and DORGAN for introducing this from shutting down tax shelters like other side. legislation. It would eliminate tax de- the so-called SILO/LILO schemes, and The conference committee that con- ductions that corporations claim for channeled that revenue back into a sidered the JOBS bill was fully open. expenses related to sending U.S. jobs new broader based domestic manufac- There was a chairman’s mark and sev- overseas. It would end the tax breaks turing incentive. That incentive is a 9 eral days of amendments between the companies receive on income earned by percent deduction for domestic manu- House and Senate. In the end, a con- foreign subsidiaries established to do facturing activity. It is a substantial ference report was produced that

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7584 CONGRESSIONAL RECORD — SENATE September 28, 2010 garnered a majority of Senate conferee proposition. Republicans are not sup- workers by their employers to sec- signatures from each side. The con- porting cloture because they are not ondary employers in the United States; ference report passed with over- being offered the opportunity to amend and five, establishing a new database whelming bipartisan support. this bill with amendments that go to that employers can use to advertise po- Compare that JOBS bill process with the supposed purposes of the bill. No sitions for which they intend to hire an the one for this bill which, as I said at amendments allowed on other tax in- H–1B worker. the start of my remarks, is a jobs bill centives for job creation. No amend- Too many American workers are un- in name only. In the Senate, I have ments allowed on measures to prevent employed today. Yet we still allow found over the years, that legislative offshoring of jobs. I have amendments companies to import hundreds, even substance and legislative process are dealing directly with the offshoring of thousands, of foreign workers with symbiotic. jobs question. They are bipartisan very little strings attached. These That is, the quality of the process amendments. If I vote for cloture, I businesses should be first asked to look often affects the quality of the sub- have no assurances from the Demo- at Americans to fill vacant positions, stance and vice versa. cratic leadership that these amend- and they should be held accountable Here we are debating a bill whose ments will be in order. Any look back for displacing Americans to hire cheap- proponents claim will make a material on the way in which tax bills have been er foreign labor. difference with job creation incentives. processed this year tells me I have These two amendments go directly to We are also told that this bill will ma- good reasons for doubting that a full the concerns about job creation and terially curtail the offshoring of U.S. debate would occur. I would like to prevention of offshoring of U.S. jobs. jobs. If it were only that simple, I am briefly describe the two amendments I Both amendments are bipartisan. Yet sure the bill would pass with the over- filed earlier. if cloture is invoked, these amend- whelming bipartisan margin the JOBS The first amendment mirrors a bill ments would fall on the Senate cutting bill did some 6 years ago. that the junior Senator from Vermont room floor. I have previously discussed the de- and I have coauthored. Known as the Unlike the 2004 JOBS bill, I have no fects in the bill before the Senate. I Employ America Act, this amendment confidence that, even if the Democratic will not do it again here. But I will say would prevent any company engaged in leadership were to follow regular order this: Does anybody on the other side for floor purposes, that we could expect really believe if my friend, the chair- a mass layoff of American workers man, were to put this bill before the from importing cheaper labor from anything like a conference committee Finance Committee that it would be abroad through temporary guest work- to work out the issues between the approved in the form that is before the er programs. Companies that are truly House and the Senate. body today? I can tell you this Senator facing labor shortages would not be im- We find ourselves in a very dis- has several amendments that he thinks pacted by this legislation and could appointing situation today. Two seri- would improve this bill dramatically. continue to obtain employer-sponsored ous issues are supposed to be addressed I would expect those amendments visas. Only companies that are laying in the legislation before the Senate: might pass with bipartisan support. off a large number of Americans would The first is tax incentives for job cre- This bill, like so many others, was be barred from importing foreign work- ation; the second is measures to pre- crafted in the majority leader’s office ers through guest worker programs. vent offshoring of jobs. No doubt the and is largely the singular work of two Since the recession started in Decem- people who send us here expect us to senior members of his leadership. That ber of 2007, nearly 8 million Americans take these weighty matters seriously. is not to say anything negative about have lost their jobs and the unemploy- With all the economic pain Americans those members or their interest or ment rate has nearly doubled. In total, are enduring, we shouldn’t be playing work in the area of tax legislation. My 15 million Americans are officially un- political games. But here we are. We point is that, if the ideas in this bill employed, another 8.8 million Ameri- have a bill whose proponents claim is a had the kind of merit claimed by their cans are working part-time only be- serious effort. proponents, why avoid the Finance cause they cannot find a full-time job, The Democratic leadership skipped Committee? Why not let the public see and more than 1 million workers have the Finance Committee, and we are it in committee. Let members ask given up looking for work altogether. presented with a take-it-or-leave-it bill questions as they review the language. At the same time, some of the very that is really nothing more than a po- Test the strength of the ideas through companies that have hired tens of litical label. We can do better. the amendment process. If the pro- thousands of guest workers from over- CLOTURE MOTION ponents answer by blaming Republican seas have announced large scale layoffs The PRESIDING OFFICER. All time Leader MCCONNELL, I would point out of American workers. The high-tech in- for debate has expired. that Senator MCCONNELL isn’t on the dustry, a major employer of H–1B guest Under the previous order and pursu- Finance Committee. If the proponents workers, has announced over 330,000 job ant to rule XXII, the Chair lays before answer by blaming partisanship, I cuts since 2008. The construction indus- the Senate the pending cloture motion, would ask them to take a look at the try, a major employer of H–2B guest which the clerk will report. Finance Committee ratio. workers, has laid off 1.9 million work- The assistant legislative clerk read It has been the most favorable to the ers since December of 2007. as follows: The second amendment I filed yester- majority since the early part of the CLOTURE MOTION day mirrors a bill that the senior Sen- 1990s. By intentionally skipping the We, the undersigned Senators, in accord- committee of jurisdiction, the Demo- ator from Illinois and I have worked on ance with the provisions of rule XXII of the cratic leadership has deliberately for several years. Known as the H–1B Standing Rules of the Senate, hereby move short-circuited the opportunity to me- and L–1 Visa Reform Act of 2009, this to bring to a close debate on the motion to thodically test the bill as tax policy. amendment would improve two key proceed to Calendar No. 578, S. 3816, the Cre- Unfortunately, this process defect has visa programs by rooting out fraud and ating American Jobs and Ending Offshoring been more the rule than the exception. abuse while making sure Americans Act of 2010. Since the stimulus bill in January of have the first chance of obtaining high- Richard J. Durbin, Charles E. Schumer, , Sheldon Whitehouse, 2009, the Finance Committee has only skilled jobs in this country. The amendment does several things, Debbie Stabenow, Barbara A. Mikulski, marked up one tax policy bill, the Roland W. Burris, Bernard Sanders, health care reform bill. As a former including: one, requiring employers to Tom Udall, Mark Begich, Daniel K. chairman, I know the current chair- try and recruit U.S. workers before hir- Akaka, Jeff Merkley, Benjamin L. man would not want to proceed this ing H–1B visa holders; two, requiring Cardin, Edward E. Kaufman, Chris- way. Nope. My sense is the Democratic employers to pay a better wage to visa topher J. Dodd, Arlen Specter, Sherrod leadership simply doesn’t want this bill holders who take these jobs; three, ex- Brown, Amy Klobuchar, Byron L. Dor- to undergo the extra scrutiny of a reg- panding the powers of the federal gov- gan, Barbara Boxer. ular order process. ernment to go after abusers; four, cre- The PRESIDING OFFICER. By unan- Unlike the 2004 JOBS bill, this bill is ating new rules regarding the outsourc- imous consent, the mandatory quorum being presented as a take-it-or-leave-it ing and outplacement of H–1B and L–1 call has been waived.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7585 The question is, Is it the sense of the to bring to a close debate on the motion to was my intention to vote ‘‘yea.’’ I ask Senate that debate on the motion to proceed to Calendar No. 107, H.R. 3081, the unanimous consent that I be permitted proceed to S. 3816, a bill to amend the Department of State, Foreign Operations, to change my vote which will not af- and Related Programs Appropriations Act, Internal Revenue Code of 1986 to create 2010. fect the outcome. American jobs and to prevent the John D. Rockefeller, IV, Byron L. Dor- The PRESIDING OFFICER. Without offshoring of such jobs overseas shall gan, Carl Levin, Dianne Feinstein, objection, it is so ordered. be brought to a close? Jack Reed, Mark R. Warner, Patrick J. (The foregoing tally has been The yeas and nays are mandatory Leahy, Michael F. Bennet, Barbara changed to reflect the above order.) under the rule. Boxer, Benjamin L. Cardin, Charles E. The PRESIDING OFFICER. The Sen- The clerk will call the roll. Schumer, Patty Murray, Debbie ator from Illinois is recognized. The assistant legislative clerk called Stabenow, Robert P. Casey, Jr., Chris- Mr. BURRIS. Mr. President, I ask topher J. Dodd, Daniel K. Akaka, unanimous consent to speak as in the roll. Harry Reid. Mr. DURBIN. I announce that the morning business. The PRESIDING OFFICER. By unan- Senator from Arkansas (Mrs. LINCOLN), The PRESIDING OFFICER. Without imous consent, the mandatory quorum is necessarily absent. objection, it is so ordered. call has been waived. MONTFORD POINT MARINES Mr. KYL. The following Senator is The question is, Is it the sense of the Mr. BURRIS. Mr. President, I take necessarily absent, the Senator from Senate that debate on the motion to the floor today to pay tribute to a Alaska (Ms. MURKOWSKI). proceed to H.R. 3081, the Department of The PRESIDING OFFICER. Are there State, Foreign Operations, and Related group of Americans that blazed a trail, any other Senators in the Chamber de- Programs Appropriations Act of 2010 people who helped to shape the history siring to vote? shall be brought to a close? we share, and whose contributions de- The yeas and nays resulted—yeas 53, The yeas and nays are mandatory serve recognition at the highest levels. nays 45, as follows: under the rule. There has been no war fought by or [Rollcall Vote No. 242 Leg.] The clerk will call the roll. within the United States in which Afri- YEAS—53 The bill clerk called the roll. can Americans did not participate. Mr. DURBIN. I announce that the The war for our independence fea- Akaka Franken Mikulski Bayh Gillibrand Murray Senator from Arkansas (Mrs. LINCOLN) tured all-Black units in Rhode Island Begich Goodwin Nelson (FL) is necessarily absent. and Massachusetts. During the War of Bennet Hagan Pryor Mr. KYL. The following Senator is 1812, about one-quarter of the Navy in- Bingaman Harkin Reed necessarily absent: the Senator from volved in the Battle of Lake Erie was Boxer Inouye Reid Brown (OH) Johnson Alaska (Ms. MURKOWSKI). Black. Nearly 190,000 African Ameri- Rockefeller The PRESIDING OFFICER. Are there Burris Kaufman Sanders cans fought for their own freedom in Cantwell Kerry Schumer any other Senators in the Chamber de- the Civil War. In World War I, over Cardin Klobuchar Shaheen siring to vote? Carper Kohl 350,000 Black men served on the West- Specter Casey Landrieu The yeas and nays resulted—yeas 84, ern Front. Conrad Lautenberg Stabenow nays 14, as follows: But prior to 1941, Black servicemen Dodd Leahy Udall (CO) [Rollcall Vote No. 243 Leg.] Udall (NM) were denied the honor and glory that Dorgan Levin YEAS—84 Durbin McCaskill Webb comes with uniformed service, and Feingold Menendez Whitehouse Akaka Feingold McConnell their contributions went largely unno- Feinstein Merkley Wyden Alexander Feinstein Menendez ticed. The units were segregated. Black Baucus Franken Merkley NAYS—45 Bayh Gillibrand Mikulski infantry divisions hardly saw the bat- Alexander Crapo Lugar Begich Goodwin Murray tlefield. They served our Nation with Barrasso DeMint McCain Bennet Graham Nelson (NE) honor, but our Nation did not honor Baucus Ensign McConnell Bennett Grassley Nelson (FL) their service. Bennett Enzi Nelson (NE) Bingaman Gregg Pryor Bond Graham Risch Bond Hagan Reed But on June 25, 1941, President Brown (MA) Grassley Roberts Boxer Harkin Reid Franklin Roosevelt changed all that. Brownback Gregg Sessions Brown (MA) Hatch Roberts Executive Order 8802 prohibited racial Brown (OH) Hutchison Rockefeller Bunning Hatch Shelby discrimination in the Nation’s mili- Burr Hutchison Snowe Brownback Inouye Sanders Chambliss Inhofe Tester Bunning Johanns Schumer tary. It was the first Federal action to Coburn Isakson Thune Burr Johnson Shaheen promote equal opportunity in the Cochran Johanns Vitter Burris Kaufman Snowe Cantwell Kerry Specter United States. Collins Kyl Voinovich Immediately, people of color an- Corker LeMieux Warner Cardin Klobuchar Stabenow Cornyn Lieberman Wicker Carper Kohl Tester swered the call and joined all branches Casey Kyl Udall (CO) of the service. Soon, the very first NOT VOTING—2 Cochran Landrieu Udall (NM) Black U.S. marines began training at Lincoln Murkowski Collins Lautenberg Vitter Conrad Leahy Voinovich Camp Montford Point in North Caro- The PRESIDING OFFICER. On this Corker LeMieux Warner lina. These men would become the first vote, the yeas are 53, the nays are 45. Dodd Levin Webb Black drill instructors, the first Black Dorgan Lieberman Whitehouse Three-fifths of the Senators duly cho- Durbin Lugar Wicker combat troops, and the first Black offi- sen and sworn not having voted in the Ensign McCaskill Wyden cers the Marine Corps had ever seen. affirmative, the motion is rejected. NAYS—14 More than 19,000 Black marines f Barrasso DeMint Risch served in the Second World War. Some, like SGM Edgar Huff and SGM Louis DEPARTMENT OF STATE, FOREIGN Chambliss Enzi Sessions Coburn Inhofe Shelby Roundtree, served in Korea and Viet- OPERATIONS, AND RELATED Cornyn Isakson Thune nam as well. They earned decorations PROGRAMS APPROPRIATIONS Crapo McCain such as the Bronze Star, the Silver ACT, 2010—MOTION TO PROCEED NOT VOTING—2 Star, and the Purple Heart. CLOTURE MOTION Lincoln Murkowski All of the Montford Point marines The PRESIDING OFFICER. Under The PRESIDING OFFICER. On this sacrificed for their country, and for the previous order, pursuant to rule vote the yeas are 84 and the nays are that they deserve our deepest grati- XXII, the Chair lays before the Senate 14. Three-fifths of the Senators duly tude. But they also did far more than the cloture motion, which the clerk chosen and sworn having voted in the sacrifice on the battlefield. They broke will report. affirmative, the motion is agreed to. down barriers. Their names may not be The bill clerk read as follows: The PRESIDING OFFICER. The Sen- as familiar as Washington, Jefferson or CLOTURE MOTION ator from Tennessee. Lincoln. But their contribution to the We, the undersigned Senators, in accord- CHANGE OF VOTE American story deserves more than our ance with the provisions of rule XXII of the Mr. ALEXANDER. Mr. President, on respect. Through their actions, they Standing Rules of the Senate, hereby move rollcall vote No. 243 I voted ‘‘nay.’’ It changed the face of the U.S. military.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7586 CONGRESSIONAL RECORD — SENATE September 28, 2010 They deserve our praise and recogni- (Mr. BURRIS assumed the chair.) stan. The United States has played an tion. (The remarks of Mr. WARNER per- important leading role. We were the Last fall, I introduced S. 1695, a bill taining to the introduction of S. 3853 first, and with the most assistance, of to award the Congressional Gold Medal are located in today’s RECORD under any country. While this may be the to the Montford Point marines. I urge ‘‘Statements on Introduced Bills and case, we also have a responsibility to my colleagues to move forward and Joint Resolutions.’’) encourage generosity from the public honor these fine men and women. Mr. WARNER. Mr. President, I yield and private sectors in the international Every American has benefited from the floor. community. their sacrifice, their bravery, and their The PRESIDING OFFICER. The Sen- I mentioned before the issue of cor- leadership. And every American should ator from Pennsylvania is recognized. ruption in Afghanistan. This issue has learn from their fine example. Mr. CASEY. Mr. President, I com- nationwide implications and could Unfortunately, time is not on our mend the work of my colleague from serve to undermine the totality of our side. Every day, approximately 900 Virginia, Senator WARNER, on a very efforts in Afghanistan. Our troops are brave American souls who served in important set of challenges we have. fighting and dying to help extend the World War II pass away. We should I ask unanimous consent to speak as reach of the Afghan Government out- honor our greatest generation while we in morning business. side of the capital of Kabul to show the have the chance to look them in the The PRESIDING OFFICER. Without Afghan people that their government eye and thank them. objection, it is so ordered. has a monopoly on the use of force and Since the day a few brave men began AFGHANISTAN AND is capable of providing goods and serv- their training at Camp Montford Point Mr. CASEY. Mr. President, the con- ices to its people. But we need to put more than half a century ago, the U.S. flict in Afghanistan enters its ninth this very simply. We cannot be Marine Corps has been transformed year next month. Over the past few complicit. Our forces, our government, into a stronger, more diverse fighting months, the United States has experi- cannot be complicit in helping to ex- force. The legacy of the Montford Point enced the most casualties since the war tend the reach of a corrupt govern- marines represents what is best about began in 2001. In June, 60 U.S. troops ment. Afghanistan is a sovereign coun- this Nation’s history. Theirs is a proud were killed; in July, 66; in the month of try, and if the fight against corruption chapter in the continuing American August, 55 service members gave their is going to be effective, Afghans—Af- story. lives. ghans—can and must own the process. As I address this Chamber today, I We always recall the words of Lin- The United States should support the am surrounded by the towering monu- coln when we recall those who are work of the Major Crimes Task Force ments to our Founding Fathers, and killed in action, those who gave, as he and the Special Investigations Unit, the memorials to those who have said, the last full measure of devotion but, frankly, the track record to date fought and died so that we might live to their country. These are difficult has been very disappointing, and unless free. It is time to make the Montford days, and that is an understatement— serious progress is made, support for Point marines a part of that immortal very difficult days for the American U.S. engagement in Afghanistan will be history—to award them the prestigious people and especially for the families seriously eroded. Congressional Gold Medal. and the troops. I also believe these are As a former auditor general of Penn- I ask that my colleagues join with days that have tried the patience of sylvania who oversaw the auditing of me in celebrating these American he- Americans and tested the resolve of government programs at the State roes. We need to do it before it is too late, our commitment to this conflict. level, I perhaps have a heightened sen- and we will not have any of them to At a minimum, we—when I say ‘‘we,’’ sitivity to the vital role transparency look into the eye and tell them: I mean those Members of the U.S. Con- and accountability have in govern- Thanks for your service. Thanks for gress—we owe the families of these ment—in any government. The impor- standing up against some of the tough- service members every assurance that tance of these basic elements of a rep- est situations on the battlefield but their elected officials, their elected resentative democracy is especially even tougher situations as Blacks on representatives in Washington are vigi- compelling when the lives of coura- the homefront. lantly exercising oversight of the war. geous Americans, ISAF, and Afghan I yield the floor. We also owe it to them that we ask and forces are, indeed, on the line. The PRESIDING OFFICER. The Sen- demand answers to very tough ques- Just yesterday, the Wall Street Jour- ator from Virginia is recognized. tions and, finally, that we are doing ev- nal reported that there is a U.S. crimi- Mr. WARNER. Mr. President, I com- erything we can to make sure we get nal investigation into President mend my friend, the Senator from Illi- this policy and this strategy that goes Karzai’s older brother Mahmood, and nois, for his comments, and I associate with it right. prosecutors are trying to determine myself with his effort. This is recogni- Since I last spoke on the floor on the whether they can bring charges of tax tion that is long overdue. I am pleased issue of Afghanistan, there have been evasion, racketeering, or extortion to support his efforts in this area. It is many important developments with re- against him. Reportedly, he will travel a part of American history that has not spect to the war. First, we have been to the United States this week to received appropriate recognition, these confronted with new revelations of cor- amend his tax returns. But these are individuals’ service to and in defense of ruption by the Afghan Government— serious allegations that we read about our country. I believe strongly that we more about that in a moment—second, time after time. I have spoken and need to take action on this, as the reports of ballot box stuffing and voter many in this Chamber have spoken clock for many of these individuals, as intimidation in the parliamentary about the allegations of corruption they get advanced in age, is ticking. elections earlier this month have against Ahmed Wali Karzai, who has The Senator from Illinois will be raised long-held doubts by the Afghan been implicated in local corruption leaving this Chamber at the end of this people as to the durability of the coun- schemes involving the opium trade. year. He and I came in together, as did try’s democratic experiment. The num- These are allegations, they are the Senator from New Mexico. It has ber of IED attacks has increased, and charges, but they are charges that are been a great honor of mine to serve while deaths due to the IEDs are, in very serious and potentially damaging with him. I consider Senator BURRIS a fact, down, the number of injuries is, to the overall U.S. effort in the coun- dear friend. I know there will be time unfortunately, up. ISAF has also begun try, as it strikes to the heart of trust for a more formal process, but I simply operations in Kandahar. We saw a in the Afghan Government. Without wish to say on this matter and count- story about this yesterday. This is no- this trust from Afghans and from the less others over the 2 years we have table because this is reportedly the international community, I am con- served together, it has been a real first operation to be primarily made up cerned that support for U.S. efforts in pleasure. I look forward to—perhaps of Afghan troops. Afghanistan will erode. not in this Chamber—other opportuni- I wish to spend a couple moments On September 18, Afghans went to ties for us to serve and work together today to draw attention to the inter- the polls to vote for a new parliament. for many years to come. national response to the floods in Paki- This has also become a serious cause

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7587 for concern. On Sunday, the Afghan about protecting our troops from the anticorruption, mostly—obviously on election officials ordered recounts in horror of an IED attack. We must do security in terms of what our strategy seven provinces. A government anti- all we can to minimize the threat to is but also in terms of training the Af- fraud elections watchdog has received our brave men and women fighting for ghan National Army and police so that more than 3,500 complaints—3,500 com- us in the field. we can eventually draw down our plaints—about this election. They are At a different level, at a strategic troops and have them take over the concerned that up to 57 percent of level, ISAF has launched Operation fight and govern their own country. these complaints could change the out- Dragon Strike, a joint operation with Finally, on development, which I come of the vote. The Free and Fair Afghan forces which will look to eradi- didn’t speak much about today, there Election Foundation of Afghanistan, cate Taliban elements in Kandahar. is the ability for the Afghans to de- the main independent Afghan observer This operation could mark a crucial velop the infrastructure and support group, observed ballot box stuffing in and critical turning point in the war, they need to govern themselves, wheth- 280 voting sites in 28 provinces. We and we will be watching closely in the er that is services, water and sewer— don’t expect elections in a developing coming weeks to gauge the progress as any indication, any element any coun- country to be perfect, especially a it moves forward. This operation is no- try would need to have in place so that country that is in a war zone, but these table as there are more Afghan troops people can live in peace and security. reports are alarming, to say the least, than ISAF troops on the ground, and Finally, there are the efforts we are because they indicate that not enough this is indeed an encouraging sign that making to help the people of Pakistan progress has been made over the past 9 the training of the Afghan National at a time of great need. We have all years to create an Afghanistan in Army is beginning to reap benefits. kinds of important humanitarian rea- which the people resolve their own dif- That is a bit of good news—more good sons to be helpful and to show soli- ferences through politics and not vio- news—as it relates to the training of darity with suffering people, and we lence. the Afghan Army; not such good also have several security imperatives Next let me move to the question of news—in fact, some bad news—as it re- that come into play when it comes to security, which is so fundamental to lates to the training of the Afghan Na- the flood and the aftermath. our strategy. I have sought to high- tional Police. So for all of these reasons, it is criti- light the threat posed by ammonium Let me move finally to the floods in cally important to continue to debate nitrate, the fertilizer that is a key in- Pakistan. I wish to draw attention to and discuss and even argue about what gredient in the improvised explosive the devastating humanitarian crisis our policy in Afghanistan should be. devices in Afghanistan. According to a that continues to plague Pakistan That is the least the Senate can do recent report from the Joint Impro- after the flood. This has affected mil- when our troops are fighting and some- vised Explosive Device Defeat Organi- lions of people in Pakistan across the times dying in the field to carry out zation, known by the acronym country—maybe not always directly this mission. JIEDDO, there have been 1,062 effective but in some way or another through With that, I yield the floor and note IED attacks against coalition forces in displacement, death, injury—in so the absence of a quorum. 2010 that killed 292 soldiers and wound- many ways this has adversely affected The PRESIDING OFFICER. The ed another 2,178 others. In the first 8 the people of Pakistan. This is the clerk will call the roll. months of 2009, there were 820 such at- worst natural disaster in the history of The legislative clerk proceeded to tacks that killed 322 and wounded 1,813. the country. call the roll. So while the number of deaths in the To assist the people of Pakistan dur- Mr. DURBIN. Mr. President, I ask comparable period of 2009 versus 2010 ing this difficult time, the United unanimous consent that the order for may be down—instead of it being 322 States has provided more than $340 the quorum call be rescinded. deaths in those 8 months, it is 292— million to support immediate relief The PRESIDING OFFICER. Without even though the number of deaths is and recovery efforts. The United States objection, it is so ordered. down, the number of wounded, the has provided food, infrastructure sup- FOR-PROFIT COLLEGES number of injuries has risen dramati- port, and air support to transport Mr. DURBIN. Mr. President, if you cally in 2010. goods and rescue thousands stranded opened the newspaper over the last sev- It is essential that we highlight this by the floods. eral weeks, you have probably noticed threat and support U.S. and inter- These floods will require a substan- a large full-page advertisement that national efforts to crack down on the tial international commitment of as- has appeared almost every day. It proliferation of dangerous chemicals sistance. The United Nations has shows, usually, a young person, and it such as ammonium nitrate that can be issued appeals, but the response from has a caption that reads: ‘‘A hundred used in IEDs. I sponsored a resolution the international community has been, thousand working Americans don’t which was passed by unanimous con- in a word, weak, and that might be an count? Put the brakes on the Depart- sent—which we know is hard to do in understatement. Private contributions ment of Education’s gainful employ- this body these days—calling for in- have slowed to a trickle. ment rule.’’ creased focus by the Governments of Last week, we heard from Cameron There are a lot of photos of young Pakistan, Afghanistan, and Central Munter, the President’s nominee to be people with that basic statement pop- Asian nations to effectively monitor Ambassador to Pakistan, who de- ping up in newspapers not only in and regulate the use of ammonium ni- scribed at our hearing in the Foreign Washington but across the United trate fertilizer in order to prevent ter- Relations Committee the administra- States. Others show photos of young rorist organizations from transporting tion’s plans to bolster support for the people saying: ‘‘I don’t count? Some in ammonium nitrate into Afghanistan. Pakistan relief fund. The American re- Washington think I don’t.’’ As we know, a lot of the inflow, a lot of sponse to the flood has been substan- These ads have been hard to miss. the movement of this precursor chem- tial, but we can and must do more to They have been running in more than ical that is used in IEDs comes from rally the international community and 10 newspapers on a daily basis for sev- Pakistan into Afghanistan. As a show the private sector to be generous in eral weeks, at a cost of millions of dol- of bipartisan strength on this resolu- Pakistan’s time of need. The Paki- lars. Most Americans, when they look tion, Senators KYL, SNOWE, REID, and stani-American community has led an at it, are puzzled and say: What is this LEVIN—two Democrats, two Repub- important effort to draw attention to debate and this battle all about? licans—were original cosponsors of this the devastation wrought by the flood. Well, many of these ads are being resolution. I also had language inserted We should bolster their work and use paid for by Corinthian Colleges, Incor- into the foreign operations funding bill our platforms as public officials to porated. This is a for-profit higher edu- which requires the State Department broaden their appeals for help. cation company that provides training to report on its efforts to encourage So we have many challenges in this and education after high school for Pakistani assistance on this issue. We area to get our strategy right in Af- young people across America—and for must remain vigilant and persistent to ghanistan as it relates to governance. those who are not so young anymore. address this ongoing problem. This is Increasingly, that word really means Corinthian and other for-profit colleges

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7588 CONGRESSIONAL RECORD — SENATE September 28, 2010 are upset about a regulation that the cation and training. It is right to ask How much will you get paid after you Obama administration has proposed. these questions. finish the course, when you go to work? Corinthian is spending millions of dol- The proposed gainful employment He said: We usually start at about $10 lars on a barrage of ads across the regulation is complicated, and some an hour, and if I work 6 days a week or United States, rather than basically changes may be made before it is all maybe more and do overtime, I might taking the same money and offering it over. It is basic: For-profit colleges make $30,000 a year gross. I said: Do in scholarships to help their students. should not routinely leave students you have any idea how long it will take They want to stop the Obama adminis- with student loan debt that they can- to pay off this debt? What is this lead- tration from its proposed change in the not afford to pay back. Luring a 19-, 20- ing to? He said: Someday I want to own rules. The proposed regulation could or 21-year-old deeply into debt, when a restaurant. I said: That is a great end Federal subsidies to some of the they are being promised a job they will ambition, but if you start this journey poorest performing for-profit colleges never have, is cruel and unfair. In a $54,000 in debt, what is the likelihood in America. That might hurt the prof- moment, I will tell you what happens you will reach your goal? He said: Well, its of some very wealthy corporations, when the students default on their I am going to pursue it. I think it is especially Corinthian. debts. In the meantime, the taxpayers the thing to do. This is simple dollars and cents. are subsidizing this. It is our Federal The same culinary course is offered They are spending millions of dollars tax dollars passing through Wash- at the community colleges in Chi- now to persuade Congress, and perhaps ington and out to these schools, loaned cago—a 2-year course, with the same some voters and opinion makers, not to to students, paid to the colleges that preparation, and the tuition for 2 years enforce a rule that holds them to a are representing they have something is $12,000 versus $54,000. This young standard of performance because they good to offer, leaving students deeply man is going to be deeply in debt, a may lose business. If they lose busi- in debt and many without a job. debt which people our age think, my ness, they may lose profits. In losing This rule the Obama administration goodness, that is more than my first profits, they think it is worth putting is looking at would look at debt-to-in- home cost. They are going to have that money into this advertising effort. come ratios and student loan repay- facing them as they start a job that They are worried, because if you take a ment rates to determine those edu- pays about $10 an hour. look around, you cannot miss them in cation and training programs that are That, to me, is unfair and creates an Washington. I have said, half jokingly, leaving students with more debt than unrealistic expectation. I wish there that having served in Congress for they can realistically ever pay back. would be a suspension, for about 6 more than 20 years, the best way I can Those programs might have to print a months, of the super chef, master chef find to meet former Members of Con- warning label on their promotional ma- shows, so all the young people who are gress whom I have served with over terials about the high debt levels of bored and watching cable TV will not those 20 years is to take on this issue their students or there might be re- turn to these shows and have these because they have all signed up as lob- strictions on enrollment in depart- dreams about being the master chef of byists for these for-profit colleges. ments of schools that regularly tomorrow. For many of them, it will be They are calling me and saying: DUR- produce students who are deeply in a dream that is never realized, al- BIN, guess who I am working for. It debt without a job. Some programs though the debt they incur will be real- turns out my efforts to hold for-profit would actually lose their eligibility for ized in a hurry. We think these schools colleges accountable for the students Federal student aid if they don’t meet would either have to improve the sal- going to school there and ending up certain standards. I think that is an ary outcomes of their students or cut deeply in debt is a full employment bill honest approach for the students and tuition costs. Either way, that is good for former Members of Congress to be for our need in this country to educate for students. lobbyists. That was not my intention. and train people in our workforce. But the for-profit colleges want us to It is not my goal. Recently, I had a hearing in Chicago, believe that the idea of controlling stu- They are also spending millions of and it was on this issue. I could not get dent debt somehow hurts these stu- dollars on these ad campaigns, about over the crowd. I expected a few people dents. Look at Corinthian College which I have spoken to newspaper peo- to be interested, but 450 people showed spending millions of dollars on these ple who say: The newspaper business up. We had to have an overflow room in ads to stop this accountability. This isn’t profitable anymore, but thank the Federal courthouse. As I walked company is buying full-page print ad- goodness these schools are buying full- into that Federal courthouse building, vertising all across America. It owns page ads. So I have this sort of one- I thought there was something else im- Everest College, Everest Institute, and man campaign to put Americans back portant going on there beyond my Everest University. How many stu- to work and make American news- hearing. It turned out the demonstra- dents are enrolled at the colleges papers more profitable. It is almost the tors on the sidewalk outside were there owned by Corinthian? It is 112,000, in- basis for a comedy routine, except for me. So I went up to talk to them; cluding 20 percent through online what I am talking about is not funny they were students. These two students courses. at all. I spoke to were dressed in a white If I did a quiz and asked the Amer- I am talking about some of these for- tunic, which chefs wear, with buttons ican people which institution of higher profit schools that are sinking young on the side. They were carrying a sign learning they believe receives the most people deeply into debt in student against the gainful employment rule. I Federal funds of any institution in loans that they can never pay off, talked to them. I said: Where do you go America, most people would get it promising them courses, training, and to school? They said they went to the wrong. It is an institution that is degrees that will lead to a good job Institute of Art of Chicago, located in owned by a company called the Apollo and, in fact, it leads to a dead end, the suburb of Schaumburg, IL. Group, and it is known as the Univer- where they end up with a worthless For those of us who know Chicago, sity of . The University of piece of paper. They don’t end up with the reason that name is written the Phoenix has over 450,000 undergradu- the skills they need to get a job, but way it is written is because there is a ates enrolled. That is more than the they do end up in debt, with student real art institute in Chicago. This combined undergraduate enrollment of loans to the heavens. school is not affiliated with it, but it is all of the Big Ten schools—450,000-plus. I think the Department of Education creating the impression that it may They receive more Federal aid for edu- is on the right track. If we are going to have some connection. It doesn’t. I cation than any other institution in send literally millions, if not billions, asked the student: What are you study- America. Next is DeVry out of Chi- of dollars to colleges and schools that ing? The student says: Culinary arts. I cago—for 75 years—and I might add are training those who finish high want to be a chef. I said: How long does during the course of testimony before school, we should have some standards the course last? He said: 2 years. I said: our panel, our investigation did come there. We should not just give them to How much do you pay in tuition for up with some very positive things to anyone who happens to call themselves this course? He said: $54,000. It costs say. I hope what I am about to say is a school or calls their effort an edu- $54,000 to work in a restaurant. I said: not taken to condemn every for-profit

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7589 school. I think some are doing a good took a look. That investigator posed as ticipate a 56- to 58-percent default rate job in some areas and they are valuable a potential student and found that the on the private loans the school makes and should continue. The other is admissions representative at Everest directly to students. Kaplan University. Kaplan is owned by College misrepresented the cost and That is a 56- to 58-percent default the Washington Post and is the biggest length of the program and refused to rate on an estimated $150 million in in- moneymaker in their corporation. disclose the graduation rate to this so- ternal student lending. Why is Corin- They have quite a few students. They called potential student—not surpris- thian willing to lend money to the stu- are No. 3 in terms of receiving Federal ingly. Do you know why? Only 15 per- dents—their own money—when they aid to education. The fourth school, in- cent of the student loans are being paid know these students are already de- cidentally, is Penn State University, fi- by the students who go to Everest; 85 faulting on their government loans? nally one you would guess would be percent of them are not paying on their The company is willing to take this there. It is a large university with on- loans. It shows they are getting into loss of $75 million in private student line courses. That gives us an idea of debt they cannot pay off. loan defaults because these loans help where the Federal money is flowing Data from the Department of Edu- ensure the Federal loans and Pell from student loans and Pell grants. It cation indicates that Corinthian, over- grants will keep coming in to these is going to for-profit schools. They rep- all—in all their different colleges—has students, despite the fact they are in resent about 9 percent of all the stu- a 24-percent repayment rate. Three out over their head in debt and have no- dents taking postsecondary education. of four students who go to their schools where to turn. They represent 25 percent of all the cannot pay the principal on their debt Corinthian Colleges was sued by the Federal aid to education and 43 percent after they finish—three out of four. It State of California in 2007. The State of all the student loan defaults: 7 to 9 is the lowest repayment rate of any argued it misled students about career percent of the students, 43 percent of publicly traded corporation in this opportunities. They reached a $6.5 mil- the defaults. It is an indication that we business. lion settlement in the State of Cali- have a problem. We are shoveling On a recent investor call, Corinthian fornia to refund tuition to former stu- money in the name of educating stu- acknowledged some campuses are at dents, pay student debt cancellation, dents at institutions which are heaping risk of losing their accreditation and and pay civil penalties. them up with debt and not providing that a majority of campuses will have That was not the first time they had them with training or preparation for a 3-year default rates over 30 percent. been in court. There have been a num- good-paying job. We cannot expect a young student ber of lawsuits from former students In 2009, Corinthian—the one buying fresh out of high school or someone who had spent tens of thousands of dol- the millions of dollars in pages of ad- without worldly experience to launch lars for useless degrees and useless cer- vertising—had $1.3 billion in revenue, an investigation about whether a tificates from Corinthian and Everest. up 22 percent over the previous year, school is accredited. One assumes, if Recently, Corinthian and several of and 89 percent of the revenue for Corin- the Federal Government is going to its executives are being sued by their thian Colleges across the United States send its money to that school for the own shareholders for allegedly making came from the Federal Treasury, from students, somebody in Washington is false and misleading statements about taxpayers, in the form of Federal Pell keeping an eye on the school to make the company’s business prospects. grants and student loans. That does sure it is the real thing. The honest an- I have questions about whether Co- not include the GI bill, Department of swer is we are not. That is why the rinthian is the education opportunity Labor funding or Department of De- Obama administration thinks we students are looking for. There are cer- fense funding. should change the rules, create more tainly students who have a good expe- The company’s net income—that is oversight on these schools, make sure rience at one or more of the Corinthian their profit—was $71 million. The CEO Federal dollars are well invested and schools, but I wish to share a story of Corinthian Colleges, buying all these students do not end up overwhelmed by that they are not featuring in their ads, was paid $4.5 million in executive debt. full-page ads, arguing that they should pay and other compensation last year. An independent analysis predicted not be subject to oversight by the De- Corinthian spent, out of the money that the Corinthian companywide 3- partment of Education. they brought in—89 percent of it from year default rate may be 39 percent. Do Last year, Washington Monthly mag- the Federal Government—$295 million you know what that means? Two out of azine told the story of a student named in advertising and recruiting in 2009. every five students who attend a col- Martine. At the age of 43, Martine de- That is 22.5 percent of the total rev- lege owned by Corinthian will default cided to go back to school and pursue a enue went to advertising and recruit- on their student loan within 3 years—40 career in nursing. She came across a ing. percent of them. Web site for Everest College, part of They are, by and large, a marketing That is happening despite the com- the Corinthian Colleges chain. operation: bring the students in, sign pany’s strong efforts to lower the num- Martine was promised hands-on them up, bring in the Federal dollars; ber of defaults within the government’s training in state-of-the-art labs and ro- bring in more students, sign them up, 3-year window. They are encouraging tations at the Los Angeles Medical bring in more Federal dollars. students to just pay interest on their Center. She was worried about the Given the ad campaigns in the news- debt if they cannot pay the principal so $29,000 tuition but was told it would papers, the amount spent on adver- they can at least say you are paying not be a problem. She was going to tising by Corinthian is likely to go up something. make $35 an hour as a nurse. even higher. Corinthian spent $10 million over the When Martine filled out her paper- On average, for-profit schools, which last year to strengthen what it calls work, she was rushed through the proc- receive the lion’s share of the revenue default management because they see ess and was not told the terms of her from taxpayers, spend 25 percent of the writing on the wall. It is indefen- loans, including private loans that car- their revenue on advertising and re- sible that we are sending this money to ried double-digit interest rates. cruiting. the Corinthian corporation. They are The education did not prove to be What do community colleges across heaping debt on the students and not what she had been promised. The in- America spend in recruiting students producing an education that leads to a structors were inexperienced. The lab to come to their campuses and class- job. equipment was old and broken. Instead rooms? Not 25 percent of the revenue, 2 Everett College in Illinois is doing of the promised rotations at UCLA percent. They are being outclassed in slightly better with a default rate of 25 Medical Center, her clinical training the marketing battle by these for-prof- percent. consisted of passing out pills in a local it schools. Corinthian also offers private loans nursing home. How are the students doing at Ever- to students who are in trouble. Listen Martine was unable to find a job est College, for example? Recently, an to this. Corinthian Colleges’ chief fi- after she graduated. Instead, she is undercover Government Account- nancial officer, Ken Ord, stated in a working as a home health care aide, ability Office investigator went and Federal 2010 investor call that they an- and she cannot pay back her student

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7590 CONGRESSIONAL RECORD — SENATE September 28, 2010 loans. She said: ‘‘I made one mistake, It is time we tell students what they in new infrastructure—projects that and I will be paying for it for the rest get into if they get in over their heads will improve safety and transportation. of my life.’’ with a worthless education. But he never once mentioned the words Many of these for-profit colleges Your loan will be turned over to a ‘‘stimulus’’ or ‘‘recovery.’’ That was argue that we need them desperately collection agency and they may charge probably a smart move on his part be- because the community college system 25 percent more to collect what you cause, frankly, the stimulus has gotten in America is filled. Not true. Over the owe. a bad rap. But this is a reputation it last week, I went to Olive-Harvey Col- Your wages can be garnisheed; that absolutely does not deserve. lege, part of the community college is, they can take it right out of your There are Members of this body who system in Chicago. They have new paycheck. opposed the Recovery Act because they leadership that is inspiring. I said: Your tax refunds can be intercepted thought it would not work or did not What is your capacity? by the Federal Government if you still jibe with their theory of economics or They said: We are at about 50 percent owe on a student loan. of how the government should address of our capacity. We can absorb many Your Social Security benefits ulti- recessions, and that is fine. They were more students in our community col- mately will be withheld if you end up entitled to vote the way they thought leges. in debt at that point in life from a stu- best. But now a year and a half later, The cost is a fraction of what these dent loan. we have been able to see the economic for-profit colleges charge. It is impor- Your defaulted student loan will be effects of the Recovery Act. To deny it tant we give to students the informa- reported to a credit bureau and will re- has been a success is simply to ignore tion about the variation in costs for main on your credit history for 7 years, the facts. education and training and what they even after it is paid. That means you A recent poll showed that a majority can expect to receive. According to the may not be able to buy a car, a house of Americans believe that either the Department of Education, Everest Col- or take out a credit card. It might be stimulus bill did nothing to help the lege in Skokie, IL, costs, on average, you cannot get a job because of your economy or even made it worse. The $14,000 in tuition and fees for edu- credit history. You cannot take out economic data, however, indicates oth- cation. more student loans or receive Pell erwise. How do we explain this dis- Less than 3 miles away from the Ev- grants to go back to school. parity between what people believe and erest campus in Skokie is a school you You are no longer eligible for HUD or what the data supports? and I both know, Mr. President— VA loans. Members of the American public do Oakton Community College. You could be barred from the Armed not form opinions out of thin air. They At Oakton, students can earn degrees Forces and might be denied some jobs engage themselves. They watch the in the same fields, same certificates for in the Federal Government. news. They listen to speeches by elect- dramatically less. A certificate in med- I might also add, most student loans ed officials. One would expect that ical billing, a program offered at Ever- are not dischargeable in bankruptcy. watching the news and listening to est College—the private, for-profit When the bottom falls out and you go your elected officials would be a decent school—for over $10,000 will cost you to bankruptcy court, that is the one way to form an opinion about some- $1,000 at Oakton Community College, that will still be hanging over you thing. Unfortunately, the talking one-tenth the cost of this private when you walk out of that court proc- heads on many of the news shows, school. ess. along with many elected officials, have The Corinthian ad campaign suggests We have to be honest with students been feeding the American public half- we do not think the students who are across America and let them know truths, at best, about the Recovery enrolled in their schools count. I dis- what they are getting into when they Act, and that, frankly, is cheating the agree with them. I think they count for get into student loans. I borrowed American people out of the facts. Today, I wish to go through some of a lot. They count for our future. I money. I went to a good school. I think these claims made by these talking would like to tell the students attend- it paid off for me. It was an important heads and elected officials and then fol- ing for-profit colleges, it is because decision. I was not misled about my low it up with some data, and that way education. I knew what it would get, they count that we are asking these the American people can use the facts and I was willing to risk the debt to hard questions. to decide for themselves. I see another colleague on the floor, reach that goal, and it worked. That is Let’s take claim No. 1 about the Re- the Senator from Minnesota, so I will a good thing. covery Act, made by one of my col- wrap up quickly and tell one thing I For those who are misleading stu- leagues in February: ‘‘It didn’t create want students across America to know. dents and burying them deeply in debt, one new job.’’ First, the standards I wish to impose I can tell them the time of account- The Congressional Budget Office—the on for-profit colleges I also wish to im- ability has arrived. The Federal Gov- arbiter and referee of economic ques- pose on community colleges, public ernment is going to keep its obliga- tions that we in the Senate all have universities, and private universities. tions to the students across America to agreed to abide by—reports that the They should be accredited so their help them with education, but these Recovery Act has increased employ- hours are worth taking. They should schools have an obligation to their stu- ment by 1.4 million to 3.3 million peo- not promise a job leading from a cer- dents to be honest with them, to be ac- ple. A separate report issued by two re- tificate that is earned there if it is not credited, and to produce training and spected economists corroborates CBO’s true. They should have full disclosure education that leads to a good-paying estimates, putting the figure at about to students about what it means to job. 2.7 million jobs. That report was issued enter into a student loan, and they I yield the floor. by Alan Blinder and Mark Zandi. That ought to have some revenue coming in The PRESIDING OFFICER. The Sen- is Mark Zandi, who, incidentally, was a other than the Federal Government. ator from Minnesota is recognized. key economic adviser to the John For many of these, 75 to 90 percent of Mr. FRANKEN. Mr. President, I ask McCain Presidential campaign in 2008. their revenue comes straight from the unanimous consent to speak as in I understand that economic analysis Federal Government. When the GAO morning business. has a lot of errors; that estimating jobs did the undercover survey of what The PRESIDING OFFICER. Without figures is very complex and it is dif- some of these for-profit schools are objection, it is so ordered. ficult to determine whether a job was saying to students, some of these re- THE RECOVERY ACT created or saved. But when CBO and re- cruiters were saying to them: I am a Mr. FRANKEN. Mr. President, I rise spected economists agree that employ- recruiter, but I just finished college, to discuss something I regret. I regret ment has increased by millions of jobs, and I have a big debt I will never pay that Democrats have allowed the word is it at all plausible that the Recovery back. I am going to have a good job and ‘‘stimulus’’ to become a dirty word, Act didn’t create a single new job? make a lot of money, so it is OK. one that we avoid using. Well, of course it is not. But that Do you know what happens when you The President spoke a few weeks ago doesn’t seem to stop some misinformed default on a student loan in America? about his new plan to invest $50 billion souls from claiming that.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7591 Let’s tackle the second claim. My claim about Obama’s promise of keep- adviser to the 2008 Republican Presi- friends on the other side of the aisle ing unemployment down actually came dential candidate. often imply that tax cuts would have from a report issued by Obama’s advis- I think avoiding a depression is, on been more effective than the Recovery ers on January 9, 2009—before he took balance, a good thing, and I think most Act. But perhaps they have forgotten office. In early January, we only had Americans would agree. And if they that over one-third of the stimulus access to job numbers through Novem- knew the facts, they would thank package in the Recovery Act was com- ber. Back in November 2008, unemploy- President Obama and the Members of prised of tax cuts—$288 billion of it. ment was about 6.9 percent. By Decem- Congress who kept us from sliding into Unfortunately, the tax cuts were de- ber, it had risen to 7.4 percent. But the another Great Depression. signed in a way so that many Ameri- Recovery Act wasn’t signed until Feb- Let’s look at a fifth claim. A promi- cans didn’t notice they were getting ruary 17, and by February the unem- nent elected official said recently that them. An extra 20 bucks on your pay- ployment rate had risen to 8.2 percent. he thinks the Recovery Act created check adds up for you and the economy So the unemployment rate was al- only bureaucratic government jobs— over time but people don’t notice it as ready over 8 percent when the Recov- only bureaucratic government jobs. In they do when they get a big lump sum ery Act was signed, let alone had any response to that, I wish to show a few rebate or refund. But here is the thing chance to go into effect. By that time, recovery projects in progress in my about lump sum refunds. People like to Obama’s advisers, along with most State of Minnesota. You can judge for save them or pay off debts with them. other economists, had realized the tide yourself whether they are bureaucratic When you get an extra 20 bucks in the of unemployment was going to be much government jobs. paycheck, you are more likely to spend more severe. So it is fair to say that I am not sure how the cameras work it, giving the economy a boost. President Obama’s advisers underesti- here in the Senate for those watching This explains one unfortunate par- mated the coming employment crisis, on TV, but maybe they can push in adox of the Recovery Act. Because the but it is not fair to say that unemploy- here on Jamie, a Local 361 carpenter tax cut was well designed, it helped ment exceeding 8 percent was a failure from Cloquet, MN. Here he is per- boost consumer spending, but nobody of the Recovery Act. It is preposterous forming scaffolding work on the north noticed it. But that is not a failure of to say that because the report issued tower of the Duluth aerial lift bridge. Recovery Act policy, that is a failure by Obama’s advisers contained an eco- He is doing this in January 2010. The of getting the message to the American nomic forecast that later proved to be Duluth aerial lift bridge, I think, is the taxpayers. The tax cuts in the Recov- inaccurate, therefore, Obama lied or largest in North America. The south ery Act did their part. According to that he broke his promise or that he is tower will be completed this winter as CBO, tax cuts for those in lower in- an expert in snake oil, as I heard a part of the two-phase $5 million project come brackets increased GDP by $1.70 talking head on a Sunday show say. A funded by the Recovery Act. for every dollar in tax cut. forecasting error is not a lie. Jamie, his wife and two children— For those who would argue the Re- aged 19 and 14—went without health in- covery Act should have been only tax Let’s look at another claim. As an elected official has stated: surance for 13 months when he was on cuts, consider this: While tax cuts for unemployment. He was hired for this lower brackets yielded a $1.70 GDP According to the Bureau of Labor Statis- job last winter and worked enough boost, tax cuts for higher income earn- tics, since the stimulus was passed we have lost 3 million real jobs, 2.4 million net jobs in hours on this job to get back on health ers and companies only raised GDP by this economy and all the calculations and re- insurance. The Recovery Act has en- 50 cents per dollar spent, and neither of ports from the White House are not going to abled Jamie and his family to get back these figures compares to the return on change the fact that their economic stimulus on their feet. I ask you: Does Jamie the Recovery Act’s public works in- bill has failed. look like a government bureaucrat? vestment—an impressive $2.50 increase Okay, this is a fun one because, tech- How about Cecil? Here is a picture of in GDP for every dollar spent. nically, the first part of the claim is Cecil. I want to ask you: Does Cecil After tax cuts, another substantial correct—since the Recovery Act, we portion of the stimulus was fiscal aid look like a bean counter for OMB? have had a net job loss. Cecil is pictured here working on the to States. The Recovery Act provided Here is a chart illustrating the job about $224 billion to States so they Highway 610 extension project in losses mentioned. These are job losses, wouldn’t have to slash essential State Brooklyn Park, MN. He is building 6 here. See. You may notice a trend. I programs. State budgets across the miles of sound walls. I attended the am going to show another chart that country are in dire straits. The Center groundbreaking ceremony for this might put this more in context. You on Budget and Policy Priorities esti- project. So did a Republican Congress- may notice a trend here. This is Presi- mates 46 States will have budget short- man from this district, who voted dent Bush. If we had a slide whistle, it falls this year. Over the past 2 years, against the stimulus package. Cecil would whistle up on the scale. And if the Recovery Act has helped fill in a had been unemployed since 2008 before you had a slide whistle for here—here large percentage of State fiscal gaps. being hired onto this Recovery Act- Imagine where State budgets would is the Recovery Act—it would whistle funded project. He has told us he is be had they not received assistance up on the scale. There is a trend. You very thankful for the opportunity to from the Recovery Act. Imagine the can tell by my slide whistle that the earn a living wage to support his fam- layoffs of teachers and firefighters and Recovery Act was clearly a turning ily. law enforcement, and of people who de- point. We went from a downward slide Next, we have Spencer, a Local 49’er liver key social services, for which to a relatively upward climb. It is not crane operator for a contractor named there is far more demand during an as fast as we would like, and things LUNDA, working on the 694/35W wid- economic downturn. have been slightly stalled of late, but ening of bridge and on and off ramps— Let’s look at another misleading clearly—clearly—we are doing much a $2.5 million project. There are 11 on- claim—that the Recovery Act failed better. site contractors—private contractors— because it didn’t keep the employment This is Bush’s last day in office. working on the project. Spencer, who is rate under 8 percent, as President In fact, one could make the argument 23, is from Isle, MN, and was unem- Obama promised. Well, it is true that that the stimulus was key in reversing ployed until this job came along. Spen- President Obama’s advisers did not ac- our slide into a depression. In fact, cer told me: curately forecast the gravity of the un- that is pretty much exactly what I wasn’t working until this job came along employment crisis. But, frankly, no- Blinder and Zandi have said about the . . . investing in our country’s infrastructure body did. And because of the lag in un- Recovery Act. Remember, this is Mark is an investment in my financial fate and employment data, we now know that Zandi, who was JOHN MCCAIN’s eco- family’s future. unemployment had already surpassed 8 nomic adviser. The Blinder-Zandi re- As I said, his Local 49’ers run heavy percent by the time the Recovery Act port sums it up this way: The govern- machinery. I don’t know about you, was signed into law. ment response to the crisis ‘‘probably but I don’t know many Washington bu- Let me walk you through this, be- averted what could have been called reaucrats who can safely operate heavy cause it is interesting, I promise. The Great Depression 2.0.’’ Again, from the machinery.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7592 CONGRESSIONAL RECORD — SENATE September 28, 2010 Who is next? Matthew and Randy, Presiding Officer has been a statewide and Randys in their State, go out and both Laborers Local 563. They had been candidate many times. When you are a watch them work or talk to a teacher employed by contractor CS McCrossan candidate, you are speaking mainly to in a classroom or a cop on the beat. for 7 and 13 years, respectively, before your own people. If you are Republican, They are not digging and filling holes they were both laid off last fall. But you are speaking to Republicans to get in their neighbor’s backyard. They are this spring, they were hired back to the nomination and then to get out the doing skilled work, necessary work, work on several different Recovery vote. If you are a Democrat, you are hard work rebuilding our roads, teach- Act-funded projects. They are pictured doing the same. But as a Senator, you ing our children, and getting paid for here working on a pedestrian replace- talk to everyone. it. With their paychecks, they buy food ment bridge on 49th Avenue Northeast As Senator, I have been privileged to for their families and make their car over Central Avenue in Columbia go all around the State of Minnesota payments and maybe buy a new one, Heights, MN. You can see them. They and talk to folks at economic develop- which generates more demand. That is are, you know, a couple of CBO paper ment meetings. I have talked to county an economic recovery in the making. pushers, I guess. commissioners and mayors and city Mr. President, I yield the floor and Next we have Sheila. Here she is councilmen and small businesses and suggest the absence of a quorum. working on the night shift on the I–94 community bankers. You know what. I The PRESIDING OFFICER. The rehabilitation project. I–94 is a huge don’t know what party they are in, and clerk will call the roll. interstate highway in Minnesota—a I don’t care. We are trying to get peo- The assistant legislative clerk pro- very important artery. Sheila is new to ple going. We are trying to get the ceeded to call the roll. the construction industry but her work economy moving. Everywhere in Min- Mr. KAUFMAN. Mr. President, I ask ethic has led her colleagues to com- nesota, do you know what these folks unanimous consent that the order for ment that she has a bright future in say to me? Thank you for the Recovery the quorum call be rescinded. the industry. These are just a few of Act. Thank you. Thank you for the The PRESIDING OFFICER (Mr. the 70,000 Recovery Act projects hap- teachers we are able to keep on here in WEBB.) Without objection, it is so or- pening across our country. Brainerd, the firefighters, and for the dered. Here is another project in Two Har- Workforce Investment Act funds so we Mr. KAUFMAN. Mr. President, I ask bors. These guys are building a water are able to train people for jobs that unanimous consent to speak in morn- tower. In addition to five crews of were available but didn’t have trained ing business for up to 10 minutes. workers on the project, the tower tank people for. Thanks for the highway un- U.S. SENATE STAFF: GREAT FEDERAL is made of 723,000 pounds of American derpass so school buses do not have to EMPLOYEES steel. Let’s get a picture of it; looks cross the train tracks or an ambulance Mr. KAUFMAN. Mr. President, last like a little more in progress—723,000 doesn’t have to cross the train tracks. week I stood at this desk and recog- pounds of American steel, and the Thanks for funds for the wastewater nized my 100th and final great Federal rebar is another 33,000 pounds of Amer- plant or for rural broadband or for the employee. Since May, I have come to ican steel. So additional American weatherization of public buildings— the floor each week to share the stories workers made this steel. More Amer- speaking of which, Michael Grunwald, of dedicated men and women who have ican workers mined the iron, Minneso- writing for Time Magazine, wrote this: chosen to work in public service. tans on the Iron Range—Minnesotans. The Recovery Act is the most ambitious Honoring these individuals has been More jobs. I visited Two Harbors on energy legislation in history, converting the truly one of the highlights of my time September 6, just a few weeks ago, and Energy Department into the world’s largest in office. As my term nears its end, I personally saw this project in progress. venture-capital fund. It’s pouring $90 billion look over at this mosaic of dedicated As you can see, these folks are not in into clean energy, including unprecedented government employees, and I hope that suits and ties shuffling papers; they are investments in a smart grid; energy effi- these speeches each week in their ciency; electric cars; renewable power from honor have drawn attention to the ex- building bridges, they are building the Sun, wind and Earth; cleaner coal; ad- roads, they are building water treat- vanced biofuels; and factories to manufac- cellent work they have done and con- ment plants and water towers. These ture green stuff in the U.S. The act will also tinue to do for our Nation. projects are going to improve transpor- triple the number of smart electrical meters At a time when politicians express tation and the health and safety of peo- in our homes, quadruple the number of hy- their frustration with lack of progress ple in Minnesota. Because of these jobs, brids in the Federal auto fleet and finance by attacking nameless, faceless Wash- made possible by the Recovery Act, far-out energy research through a new gov- ington ‘‘bureaucrats,’’ I thought it im- they will keep a roof over the heads of ernment incubator modeled after the Pen- portant to shed light each week on the tagon agency that fathered the Internet. their families, put food on the kitchen face, story, and accomplishments of in- table, send their kids to college, and, A few weeks ago, I heard a prominent dividual Federal employees. In that yes, buy stuff. conservative talking head on one of the way, in my own small way, I hope I Another vital component of the Re- Sunday news shows describe the Recov- have helped remind people that those covery Act that is often overlooked is ery Act this way. He said: who pursue government work are con- its expanded funding for unemploy- If I pay my neighbor $1,000 to dig a hole in stantly trying their best, often at great ment insurance that helped keep 3.3 my backyard and fill it up again, and he pays personal sacrifice, to make this a bet- me $1,000 to dig a hole in his backyard and million unemployed people, including 1 fill it up again, according to the national in- ter country and a better world. million children, out of poverty in 2010. come statistics, that is a $2,000 increment to These 100 are a microcosm of our gov- Another overlooked but critical pro- GDP and two jobs have been created. The ernment workforce; as I have said be- gram in the Recovery Act is the fund- American people understand, however, there fore, they are not exceptional but ex- ing for Head Start. The $2 billion allo- is no real wealth created in this kind of emplary. They come from over 40 de- cation preserved Head Start and Early transfer payment. partments, agencies, and military serv- Head Start programming for 64,000 How offensive. How out of touch. Yet ice branches. They represent a Federal children across the country—over 900 this is why so many Americans believe workforce of 1.9 million. in Minnesota alone. These programs the Recovery Act has not created any Just as we 100 Senators are a snap- are helping the most vulnerable kids, jobs or just created jobs for bureau- shot of the American people, these 100 kids in our communities. crats. great Federal employees are a snapshot It is simple. Economic analysis sug- I worry that my speech today is too of the hard-working men and women gests that the Recovery Act boosted little, too late. I worry that most who serve the American people every demand, created millions of jobs, kept Americans have already formed their day. families in their homes, and helped the opinion about the Recovery Act based But, just as it takes more than a 100 economy start growing again. on the inaccuracies they hear from great Federal employees to carry out Let me tell you what I love about beltway pundits or from elected offi- the work of the American people, it being a Senator as opposed to being a cials. But I challenge these talking takes more than us 100 Senators to per- candidate for the Senate. I think most heads and these elected officials to find form the work of the U.S. Senate. This of my colleagues can relate to this. The the Spencers and Sheilas and Cecils week, in closing my series of speeches

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7593 honoring public service, I want to rec- they will say that there is something The PRESIDING OFFICER. Without ognize the untiring efforts of U.S. Sen- truly special about working in the Cap- objection, it is so ordered. ate staff. itol and these impressive office build- (The remarks of Mr. CASEY and Mr. I am not only speaking of those who ings. Their eyes light up talking about DURBIN pertaining to the introduction work for Members as personal staff. I the history and gravity of this place. of S. 3849 are located in today’s RECORD mean everyone here who has a role in They share the great feeling of excite- under ‘‘Statements on Introduced Bills making the Senate work, including ment from living inside the news. and Joint Resolutions.’’) those who work in the cloakrooms, the Staff work under the long shadows The PRESIDING OFFICER. The Sen- Parliamentarian’s staff and that of the cast by this body’s Members. Infre- ator from Wyoming. clerks, those who provide support serv- quently seen in the public spotlight, (The remarks of Mr. ENZI are printed ices through the Sergeant at Arms and nevertheless their hands mold and in today’s RECORD under ‘‘Morning the Secretary of the Senate, the men shape everything we debate and pass. Business.’’) and women who serve as Capitol Po- Here no 2 days are the same; there is no Mr. ENZI. I yield the floor and sug- lice, and so many more. Over 7,200 peo- routine. gest the absence of a quorum. The PRESIDING OFFICER. The ple work as Senate staff in personal of- I like to think that my staffers are the best, but I know that every Mem- clerk will call the roll. fices, for committees, and for the var- The assistant bill clerk proceeded to ious services that keep the modern ber or Senate officer thinks his or her staffers to be the greatest. I would call the roll. Senate functioning. Mr. GOODWIN. Mr. President, I ask All of them know well the impor- never dare dispute any of them. Senate staffers share in common a unanimous consent that the order for tance of the Senate in our system of deep sense of pride in their public serv- the quorum call be rescinded. government and the role it plays bind- ice. They share the experience of walk- The PRESIDING OFFICER. Without ing our large and diverse Nation to- ing through these august Halls and objection, it is so ordered. gether. Indeed, on the west pediment of feeling goose-bumps from the power Mr. GOODWIN. Mr. President, I ask the Dirksen Building it is inscribed: and weight of history and their pal- unanimous consent to speak as in ‘‘The Senate is the living symbol of our pable role in it. On both sides of the morning business for up to 10 minutes. union of states.’’ aisle they all want America to be The PRESIDING OFFICER. Without It is a living symbol in that we rely strong, prosperous, and safe. objection, it is so ordered. upon a deliberative group of wise men Senate staffers are so great because UNANIMOUS-CONSENT REQUEST—S. 3671 and women to smooth out our dif- they take their jobs so personally. Mr. GOODWIN. Mr. President, I rise ferences and keep fastened securely our This is why they work so hard. It is to talk about an issue of incredible im- union’s many parts. why they are here on weekends, draft- portance to my home State of West We cannot do this without the help of ing legislation, hammering out deals Virginia, to the Presiding Officer’s our staff. They brief us on issues and across the aisle, and advising their home State of Virginia, and, indeed, to provide up-to-the minute research. Members on the next day’s votes. It is our entire country; that is, the safety They are our link with executive agen- why front desk staff assistants are so of our coal miners. cies and the military. They maintain compelled to engage with the constitu- Unfortunately, during the past 4 our busy schedules and keep us on ents who call in with questions about years, West Virginia has dealt with time, or mostly so. They form a net- bills. three significant mining disasters. On work that links our offices together It is why security guards, mainte- an early morning in January 2006, an with one another and make bipartisan nance personnel, and those who work explosion rocked through a central deals possible. Most important, they in the Printing, Graphics, and Direct West Virginia coal mine killing 12 peo- keep us connected to our constituents Mail division trudged through the ple. Less than a month later, tragedy while we are here working for them in snowstorm to get here when all other struck again at a mine fire in Logan Washington. government offices were closed. It is County, where two more miners were Who are these staffers, and what why all kinds of staff are here past lost, and just this past spring, West brought them to these Halls? midnight regularly. Virginians mourned, yet again, when 29 Many of them are young, in their I was a Senate staffer for 22 years. of their neighbors were lost in the twenties and thirties. They have an en- My service as chief of staff to JOE worst coal mining disaster in nearly a ergy and passion for the issues on BIDEN gave me the chance each day to half century. which they work. Those who stay more work with wonderful people on both Through these tragedies, our Nation than a few years often spend their sides of the aisle who came to the Sen- was sadly reminded of the dangers and whole careers here, becoming some of ate motivated by love of country. risks miners face every day to provide our Nation’s leading experts in their Many of those with whom I worked a living for their families and afford- issue areas. Just like Members, staff during those days went on to other jobs able energy for our country. We collec- preserve the institutional memory of in government and continue in public tively were reminded how important it service today. A number of former Sen- this body and pass on its traditions and is for miners, companies, and regu- ate staffers now serve in the House of history. lators to work together to keep our We have staffers from both civilian Representatives and in this Chamber. As I come to the end of this series, I mines safe. Finally, we witnessed how and military backgrounds. Every pro- cannot help but think about all those my fellow West Virginians have come fession and field of education is rep- great Federal employees I have not had together in the midst of crisis and in a resented here. Senate staffers have a chance to honor from this desk. time of tragedy. trained as doctors, lawyers, writers, Yet the story of West Virginia lies There are so, so many. They are the farmers, nurses, engineers, teachers, not simply in such tragedy but, rather, unsung heroes that keep our Nation manufacturers, the list is endless. They in the story of thousands of West Vir- moving ever forward. come from every State and territory in I hope my colleagues and all Ameri- ginians who go to work every day to the Union. cans will join me in thanking those produce nearly half the electricity con- They are creative and intellectual, who serve and have served as staff here sumed in this country. It is a story of pragmatic and imbued with good-old in the U.S. Senate. They are all truly good-paying jobs with benefits that common sense. Senate staffers are di- great Federal employees. help form the foundation of strong verse in both their origins and their I yield the floor and suggest the ab- families and strong communities ideas. sence of a quorum. across my home State. It is a story my The paths that led them to the Sen- The PRESIDING OFFICER. The predecessor, Robert C. Byrd, knew very ate are diverse as well. Staffers have clerk will call the roll. well. come here because they are driven by a The legislative clerk proceeded to In remarks he gave as a young Con- shared love of country and they long to call the roll. gressman in his maiden speech on the play a constructive role in our Nation’s Mr. CASEY. I ask unanimous consent floor of the House of Representatives history. One of the common traits of that the order for the quorum call be nearly 60 years ago, Senator Byrd em- Senate staffers is that, when asked, rescinded. phasized the importance of coal in a

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7594 CONGRESSIONAL RECORD — SENATE September 28, 2010 speech lamenting our Nation’s increas- continue its hard work on passing addi- a very small rural county, Jackson ing dependence on foreign oil, remark- tional coal mine safety legislation. County. He knows what working fami- ing in that 1953 speech: There are serious issues that addi- lies need. He knows what people who We . . . must pursue not a policy that is tional legislation needs to address. We represent them in Washington need to detrimental to the economy of this nation need comprehensive and targeted in- bear in mind. As I say, his character is and which impairs its strength while enrich- spections and increased transparency strong, his work ethic is unmatched, ing other nations, but a policy that will in mine safety recordkeeping. We need and his heart is always in the right strengthen our beloved country. a sophisticated and effective way to place. Those are words that certainly reso- separate good operators from the bad. So it is a sad day for me, in a sense, nate and ring true today, which is why For those who are irresponsible, we because I respect him so much and like we should continue our efforts to de- need enhanced oversight and enhanced him so much and I will not be hearing velop technologies that allow our coun- penalties. We need to strengthen pro- him enough, except if he is dissatisfied try to harness this abundant energy tection for miners who speak out about with my work, in which case he can source in a cleaner way, such as the bi- unsafe conditions and make certain call me and tell me that and I will be partisan carbon sequestration bill put their livelihoods are not jeopardized taking copious notes. forward by Senators ROCKEFELLER and when they choose to do so. I join Senator GOODWIN to talk about VOINOVICH. Although my time in the Senate is an issue that impacts the lives of every Coal can and must be a part of the not long, it has been and will always American in this country; that is, solution to the energy challenges of remain my enduring privilege to have workplace safety. the 21st century. West Virginians know served in this body alongside so many This past April, as West Virginia’s this and understand that our future de- dedicated public servants, including other Senator has mentioned, we suf- pends on our ability as a nation to ex- and especially my friend, colleague, fered the worst mining disaster in 40 tract and burn coal more cleanly. West and senior Senator from West Virginia, years in this country. It was statis- tically shocking, it was personally hor- Virginians simply want to be part of JAY ROCKEFELLER. My remarks here that conversation and part of the solu- today are on behalf of the State we rep- rifying, and deeply poignant. Twenty- nine miners were killed in an explosion tion. resent and her people whom we both re- at the Upper Big Branch Mine in As we move forward to ensure coal’s vere. vital role in the future of our economy, No coal miner should have to go to Montcoal. I was there with the families as we we must simultaneously also keep our work fearing for his safety, and no coal hoped and we prayed for any sign that focus on assuring that mines remain miner should fear for his job for raising their loved ones would emerge. For the safe. It is not simply about preventing concerns about that safety. Coal mine most part, they did not. The sorrow or investigating a large-scale disaster safety is workplace safety, and it is the and hurt and anguish I saw on their when that may capture the attention right thing for our country to do. faces is unimaginable and indescrib- of the Nation and the world for a brief I yield the floor. able. It is something that no family period of time. Rather, when tragedy The PRESIDING OFFICER. The sen- should have to go through, but it hap- strikes in a coal mine, it is usually far ior Senator from West Virginia. away from satellite trucks, inter- Mr. ROCKEFELLER. Mr. President, pens in West Virginia and, as it turns national media, and the glare of tele- the Senator from West Virginia wishes out, in other States. But mining tragedies are not just vision cameras. All too often, when a to continue as in morning business. happening in West Virginia. Nearly coal miner is seriously injured or per- The PRESIDING OFFICER. Without one-third of our States have experi- ishes or succumbs after a battle with objection, it is so ordered. enced mining disasters this year, in- black lung disease, it is simply a com- Mr. ROCKEFELLER. Mr. President, cluding Alabama, Arizona, California, munity and a family who mourns in the Senate, the core job, obviously, Idaho, Illinois, , Kentucky, quietly. of any Senator is to do all we can every Minnesota, Montana, Nevada, New I would note that in addition to the day to help our constituents. It has York, Oklahoma, Tennessee, and Utah. 29 miners lost at Upper Big Branch, an- been such an honor for this Senator to Yet the mining industry is not the only other 15 coal miners have been killed stand with our newest Senator from industry where significant improve- on the job so far this year, and it is ARTE OODWIN West Virginia, C G , and ments to workplace safety are nec- only September. work with him to do exactly that. essary. We have seen major disasters Sadly, these deaths often go unno- Before joining this body, Senator take the lives of hard-working Ameri- ticed by the country at large. The loss GOODWIN made serving West Virginia cans employed in a variety of other in- is just as great and just as tragic to the his focus in everything he did—as an dustries: 7 dying in a refinery blast in families, which is why everyone must attorney; general counsel to our Gov- Washington, 6 in an explosion at a remain committed to coal mine safety ernor; chairman of the School Building clean energy plant in Connecticut; 11 each and every day and each and every Authority, which is a very complex died with the BP Oil rig disaster off the shift. matter—and all the while exuding coast of which we all know I know my colleagues in the Senate enormous character, great character, about. understand this and have taken this re- dignity, and always keeping West Vir- In fact, there were more than 4,300 sponsibility seriously. The changes ginia families first and foremost in his workplace deaths in the United States brought about in 2006 after Sago and mind. in the year 2009, this year not having Aracoma were significant and positive. It has been interesting to watch him been completed, but it is a decent I was privileged to have played a small on this floor in this relatively short pe- benchmark. That is 11 deaths each and role in drafting legislation in West Vir- riod of time in which he has been a every day of the year—11 men and ginia to help form part of the basis for Senator and still is—the way people women who went to work but did not the Federal MINER Act—the first com- come up to him, see him as a breath of return home to their loved ones. prehensive mine safety legislation fresh air, respond to his intelligence, This is America. We are the greatest passed by Congress in nearly 30 years. his integrity, his modesty, and his very country on Earth. All of us together Our work, however, is not complete. smart brain. must do more to protect the lives of In his final months of service to West Senator GOODWIN comes from a fam- these workforces. That is why Senator Virginia and our Nation, Senator Byrd ily deeply committed to public service GOODWIN and I introduced the Robert was working with Senator ROCKE- that has taught him to work very hard, C. Byrd Mine and Workplace Safety FELLER to craft and push additional to give back, and be proud of where he and Health Act of 2010. mine safety legislation. During my came from. I respect him a very great Senator Byrd worked diligently with brief tenure in this body, that has been deal. the two of us on this bill, as have a fight I have been honored to carry on. More importantly, he has a deeply in- Chairman HARKIN, Senator MURRAY, Although these efforts may not be grained sense of what matters to West and obviously Senator GOODWIN. They completed during my tenure, I have Virginia. He does not come from one of are committed advocates to the work- every confidence that the Senate will our big urban counties. He comes from ing men and women of our country and

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7595 in our State, and I wish to thank them What is the holdup, and, quite frankly, they have nothing, because jobs in for their tireless dedication to doing so am I. those areas are not plentiful or, in what is right. The provisions that should be in- some cases, simply don’t exist. This legislation contains common- cluded in a strong workplace safety bill To continue, in May, the House Edu- sense proposals that will give Ameri- are not that hard to figure out. In fact, cation and Labor Committee held a cans the peace of mind that comes they are the very provisions Senator hearing in Beckley, WV. We heard tes- from safe working conditions. It fixes GOODWIN and I have included in the timony from miners who have worked the broken ‘‘pattern of violations’’ Robert C. Byrd Mine and Workplace at Upper Big Branch and one of those process which was meant to give MSHA Safety and Health Act, which is why I miners, Stanley, nicknamed ‘‘Goose,’’ authority to crack down on mines that come before the Senate today to at the Stewart told us that: repeatedly violate our laws, but has proper time ask for unanimous consent No one felt they could go to management never been effectively implemented, that our legislation be passed. and express their fears. We knew that we this process. It takes a hard look at Before I ask for unanimous consent, would be marked men. And the management MSHA itself to make sure it is doing which I will do, I wish to address three would look for ways to fire us. Maybe not its job by creating an independent of the main objections I have heard that day, maybe not that week, but some- panel to investigate the Mine Safety from my colleagues on the other side of where down the line, we would disappear. We’d seen it happen. and Health Administration’s— the aisle. First, my colleagues on the MSHA’s—role in serious accidents. In other side of the aisle have expressed So enough is enough. No employee these matters where regulation is done concerns that including workplace should be fired for reporting safety on discrete and for the most part invis- safety standards for all industry concerns. A lot of manufacturing com- ible industries, the people who do the amounts to overreaching. I am sure the panies—I am thinking of Toyota in regulating and the checking need to be loved ones of the workers who died at West Virginia—have the assembly line looked at carefully, just as do those the refinery, at the clean energy plant, and they have a rope that goes all the who operate coal mines. It gives teeth and the BP Oil rig would see things a way down. If any worker sees any prob- to existing whistleblower protections little bit differently. I am sure they lem of any aspect, whether it is real or so miners can come forward to report would tell us that this bill cannot sim- he imagined it or whatever, he pulls safety concerns. It gives MSHA addi- ply be about mine safety alone—al- that rope, the production line shuts tional tools to keep miners safe, in- though that is huge and the bulk of the down, and the manager comes over and cluding the ability to subpoena docu- bill—we must include important Occu- they fix the problem if it exists. But ments and testimony outside of the pational Safety and Health Adminis- the comfort that brings to the worker public hearing context. This is some- tration provisions that cover all indus- is a very small price to pay for very thing which OSHA has, and it is amaz- tries. OSHA, for example, does have well-made cars. ing to me that MSHA has not had it subpoena power, and it does cover all Finally, my colleagues on the other and does not have it. If this bill were to industries, but it too needs to be side of the aisle have expressed con- pass, it would happen. strengthened. cerns about reforming the pattern of Finally, sort of, it provides protec- Second, my colleagues have ques- violations process. The pattern of vio- tions that will apply to workers across, tioned whether MSHA, the Mine Safety lations process, which does not sound as I indicated earlier, all industries; and Health Administration, needs ade- very interesting but which is usually greater rights for victims and their quate subpoena authority. The idea important in bringing things to a head, families to participate in investiga- that a law enforcement agency such as to justice—was intended by Congress to tions and enforcement actions; updat- MSHA does not have subpoena power allow MSHA to take action against ing civil and criminal penalties; and to proactively make mines safer is, to operatives that refused to follow our the requirement that hazardous condi- me, unimaginable. We are seeing prob- laws. But to date, no mine has ever of- tions be addressed immediately so that lems with the existing system right ficially been placed on pattern status. litigation doesn’t shoot right into the now. The State of West Virginia’s sub- Why would that be? Well, one can only middle of it and delay the whole proc- poenas in the Upper Big Branch inves- speculate. ess. tigation are being challenged in I think everyone agrees that the Over the past few months, I have court—totally predictable. The intent, process must be fixed, but what I don’t been working with my colleagues on of course, is to challenge them in court want to do is to tie MSHA’s hands or to the HELP Committee on bipartisan before they can be effective and to pre- dictate a formula that will virtually legislation—and I deeply appreciate vent the questioning of company offi- guarantee that no mine is ever placed the efforts of Senators ENZI, ISAKSON, cials and others with vital information. in pattern of violations status. I want a and HATCH on the Republican side. I That is the story of mine enforcement proactive system, one that will iden- have worked closely with Senator ENZI in the coal fields. tify troubled mines before accidents and ISAKSON in the past on other mat- Third, it has been suggested that we happen and one that focuses on reha- ters, first with Senator ENZI on, of all do not have enough data to support ad- bilitating mines that are having prob- things, the President’s Commission on ditional whistleblower protections for lems. Coal back in the 1970s when he was coal miners. Let me answer that by Mr. President, at this point, I ask mayor of Gillette, WY, and later with saying that back in April, the Health, unanimous consent that the HELP both him and Senator ISAKSON to pass Education, Labor, and Pensions Com- Committee be discharged from further the MINER Act which came right after mittee heard testimony from Jeffrey consideration of S. 3671, the Robert C. the Sago disaster. Harris, a miner from Beckley, WV. Jef- Byrd Mine Workplace Safety and I stood with both Senators ENZI and frey told us—I was there—what it was Health Act of 2010, and that the Senate ISAKSON at the Sago disaster as we like to work for Massey Energy. This is then proceed to its consideration; that tried to comfort families, as we sat in quoting Jeffrey Harris: the bill be read three times, passed, circles and Senator ISAKSON and Sen- Either you worked or you quit. If you com- and the motions to reconsider be laid ator ENZI seemed to—well, Senator plained, you’d be singled out and get fired. upon the table; and that any state- ENZI comes from a coal-producing Employees were scared but, like me, they ments relating to the measure be print- State, Senator ISAKSON does not—but have to feed their families. Jobs are scarce, ed in the RECORD. both of them profoundly related to the and good-paying coal mining jobs are hard to The PRESIDING OFFICER. Is there families. It was very clear in their come by. objection? voices and what we saw in their eyes, The Presiding Officer knows exactly Mr. ENZI. Mr. President, reserving and the families felt it. I know they what I mean. We are looking at $60,000- the right to object. care deeply about coal miners. plus salaries, mostly in the very rural The PRESIDING OFFICER. The Sen- But it is also no secret that I am areas of our States, the southwestern ator from Wyoming. deeply frustrated we have yet to part of the Presiding Officer’s State, Mr. ENZI. Mr. President, as the Sen- produce a bipartisan bill. The families and it is quite true. What is somebody ator from West Virginia notes, the only of the Upper Big Branch are wondering, to do? They have a $60,000 salary or change in mine safety law that was

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7596 CONGRESSIONAL RECORD — SENATE September 28, 2010 made was with his and my leadership the simple fact is that we might well manding, especially on an issue as im- and several others. That was the first have had an agreement by now if the portant and timely as workplace safe- change in 30 years. I know he is aware majority hadn’t decided they would ty. that in the area of OSHA, the only leg- rather have an election issue. Cer- Every day, thousands of Americans islative changes that have been made tainly, it is not for me to consult on go to work in the energy production in- in the 28 years the law has existed were the political calculations of my col- dustry. The work they do benefits under my chairmanship, with me as a leagues. But it seems to me that polit- every single one of us and underpins major sponsor. So I am interested in ical theatre and failing to work to- our entire economy. This year, major safety. gether to get important things like accidents in the energy-producing sec- The Republicans weren’t invited to this done are exactly what the Amer- tor have taken the lives of 29 men in work on a bipartisan bill until 2 weeks ican people are so frustrated by this West Virginia, 6 in Connecticut, 7 in before the August recess. We had our year. Washington State, 3 in Texas and 11 staffs work through the entire recess. We are serving this Nation best when men off the coast of Louisiana. There were numerous meetings. We we work together to accomplish the If there was ever a time to work to- were making great process. I think we people’s business. The formula is not gether to actually enact legislation, as had agreed on 14 different parts or so. that complicated and, really, anyone opposed to playing at political theatre, We still had six or so provisions that can do it: this should be it. were in the process of negotiation, but Bring both sides together for discus- The PRESIDING OFFICER. The Sen- very close, and seven or so that the sions, ator from West Virginia. Senators themselves would have to Establish agreed upon goals and work Mr. ROCKEFELLER. Mr. President, work out. So I am disappointed that toward agreement on those goals, first, I wish to reemphasize how much was called off. It was not called off by Consult with stakeholders that will I respect Senator ENZI, the senior Sen- my staff. I think we could have had a be affected by the changes being dis- ator from Wyoming, and the fact that bipartisan bill that would wind up cussed, he is quite right about the MINER Act unanimous on this side like the last Once substantial agreement has been and what took place after Sago, which one, with only a few objections on the reached, determine which issues the was another rural spot in West Vir- House side. sides will never be able to agree upon, ginia where a number of people were So I am disappointed my colleague is and set those aside for another day’s killed—a lot of anguish—and it was the attempting to bring up a bill with no debate. This is what I call the 80–20 first time in 30 years that there had bipartisan support at this late stage of rule. been any revision of the Federal mine the Senate schedule. They went back This formula has worked in the past safety laws. to the original one, not the one we for the very issue we are discussing I have to say, though, that the bill have been negotiating. If the majority today—mine safety. In 2006, when I was we passed, the MINER Act, was not truly wanted to pass a bill on this chairman of the HELP Committee, we fully—because it had to pass through issue, we would have continued those were faced with a string of tragic mine the committee at that time that was bipartisan negotiations, or they could accidents in West Virginia. In response controlled by the present minority, it have taken this bill through the Senate to the first one, Senator ROCKEFELLER did not come out as strongly as I would procedure and allowed a hearing and a and Senator Kennedy organized a trip have preferred. However, it was a good markup on the bill. to Sago, WV, to meet with miners, vic- bill and has had a good effect in min- As I stated last week on the floor, if tims’ families and investigators. The ing. this were to be brought up this way, I three of us, along with Senators One of the aspects of mining, which would have to object, and I do object. ISAKSON, MURRAY, and Byrd, then is hard for people to understand, is The PRESIDING OFFICER. Objec- began negotiations and were able to that there is no margin for error. There tion is heard. come up with an agreement in less is no margin for it. It is a discreet in- Mr. ENZI. Mr. President, having ob- than 2 months—the MINER Act, which dustry, which, for the most part, is car- jected, I would like to take a moment was the first major revision of the ried on out of sight—in this case, un- to clear up some confusion about what Mine Safety and Health Act since 1977. derground. The great majority—I caused the breakdown of bipartisan ne- This bill made important improve- would say well over 95 percent—of West gotiations on mine safety legislation ments to the emergency preparedness Virginians and people from the Pre- last week. of underground mines and has fostered siding Officer’s State have never been The terrible tragedy that occurred in tremendous improvements in commu- underground—or I guess sometimes West Virginia this past April has fo- nications technology adaptability to Senators and Congressmen and Cabinet cused us again on the strength of our the underground environment. officers. Federal mine safety laws and regula- One of the reasons I am so proud of Obviously, I am disappointed that my tions. As a Senator from a State that the MINER Act is that we wrote it in colleague objected to this bill. How- leads the Nation in coal production, I the way I believe all legislation should ever, I very much believe Senator ENZI have always considered workplace safe- be drafted. We brought in all of the when he said that he wants to start ty as one of the most important mis- stakeholders—the union, the industry, working on a bill that will keep people sions of the HELP Committee and I the safety experts, the Mine Safety and safe. I point out to him that at no have been pleased to work across the Health Administration—MSHA—and point did we call off the negotiations. aisle to improve safety. That is exactly we sat them all around the table and We were simply at the end of the work what I have tried to do this year as worked through the biggest safety con- period, at the end of August, and there well with my colleagues from West Vir- cerns and the best way to approach had to be a period of negotiation going ginia and members of the committee. them. Because of the bipartisan nature on with the staff, and we would come As my colleagues well know, negotia- of the bill, it sailed through a com- back and take the fruits of that nego- tions had been making significant mittee markup, was passed by the Sen- tiation and go ahead and work on the progress until we ran into a stumbling ate unanimously a week later, and bill. That is what I would have wished block known as the election cycle. The passed the House 2 weeks later with to have seen happen, and what still can staffs of seven Senators had been meet- just 37 House Members opposing. One happen. As I listened to the Senator ing several times a week for over 2 more week later it was signed into law. from Wyoming, I believe he wants that months and all throughout the recess That is how it was done. to happen. As it turns out, so do I, and period. Agreements had been formed on During my tenure as the chairman of I am sure Senator GOODWIN does too. over a dozen important proposals, and the HELP Committee, we were able to People are counting on us to get this several more important ones were right move 27 bills to enactment this way. In done. They deserve nothing less. I look on the brink of compromise when the total, we reported 35 bills out of com- forward to working on this. Obviously, talks were abruptly called off until mittee and, of those, 25 passed the Sen- it cannot be passed now. We have our after the election. Despite what has ate. This is the kind of cooperation and work to do, but then again we have our been said in the press and on this floor, accomplishment Americans are de- work to do in any event.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7597 Senator GOODWIN and I and Senators all aspects of our criminal justice sys- By the way, I mentioned the PATTY MURRAY and TOM HARKIN want- tem so we can do two things: one, re- Senkaku Islands in a debate in my ed to lay this down as a benchmark of duce mass incarceration in this coun- campaign 4 years ago, asking my oppo- what a mine safety bill should be. It try but also reduce the fear in our com- nent what he thought we should be probably won’t end up being in a bill, munities with the present rate of doing there. There were some who but that doesn’t mean it should not be crime. thought I was being a little bit arcane this bill. You can’t do everything at There are two charts for people to by mentioning a place of which few once, and I understand that. I have look at to see why we need to move for- people had ever heard. faith that the process will produce—as ward on this legislation. The first is to It is a major flashpoint between the Senator indicated, a number of look at what has happened to the in- China and Japan. Both claim these is- things were agreed on by Senators, and carceration rate in this country. From lands just off Taiwan. We saw a very sometimes I wish it were the Senators 1980 up to today, it has gone off the serious diplomatic confrontation with negotiating with each other; I think we charts. We have more people in prison the potential to have a military con- would get a better bill. than any other country in the world. frontation just in the past couple of In any event, I have faith in the fu- We have 5 percent of the world’s popu- weeks in the Senkaku Islands. The Chi- ture, and we all have the eyes of 29 lation and 25 percent of the world’s nese still claim the Paracel Islands, miners and so many others looking known prison population. At the same which Vietnam also claims. They have down on us waiting for us to take ac- time, any survey you look at, you will made naval incursions there. They tion. see that three-quarters of the people of claim the Spratly Islands, which are I thank the Chair and yield the floor. this country feel less safe than they did also claimed by other countries, in- The PRESIDING OFFICER (Mrs. a year ago. These two realities do con- cluding the Philippines, Vietnam, and GILLIBRAND). The Senator from Kansas. verge in the need to examine our entire Borneo. This is a very serious matter Mr. ROBERTS. Madam President, I criminal justice system. in terms of how we approach the sta- ask unanimous consent to speak for 15 I say again to the one or two people bility of East Asia. minutes to eulogize our former col- on the Republican side who are not al- There was a column written in the league and friend, the President pro lowing this to come to a vote, this is Washington Post on Sunday, the title tempore of the Senate, the distin- not a controversial measure. The top of which was ‘‘The South China Sea, guished Senator from Alaska, Ted Ste- three corrections associations in this China’s Caribbean.’’ I emphasize to my vens. country want to see it happen, as do colleagues that this is not the Carib- The PRESIDING OFFICER. Without people on the other side. bean in terms of the stakes and the objection, it is so ordered. I hope we can get a vote before the threat of the wrong sort of action in (The remarks of Mr. ROBERTS are end of the year on this legislation and this region. From the Strait of Ma- printed in today’s RECORD under start fixing our criminal justice sys- lacca, where a huge percentage of the ‘‘Morning Business.’’) tem. world’s oil and cargo passes, up Mr. ROBERTS. I yield the floor. UNITED STATES RELATIONSHIP WITH CHINA through the South China Sea into The PRESIDING OFFICER. The Sen- The main purpose of my speaking Japan, South Korea, Taiwan, we see a ator from Virginia. today is to join with Senator SCHUMER tremendous amount of world trade Mr. WEBB. Madam President, I ask in stating to our colleagues and to the move through there. unanimous consent to speak for 15 min- people of this country that we need to In Southeast Asia, in the ASEAN utes as in morning business. have the courage and the wisdom to re- countries, we have 650 million people. The PRESIDING OFFICER. Without configure our relationship with China We have almost 1 billion people living objection, it is so ordered. in a way that reflects more clearly its not in China but in this region who would be affected by Chinese sov- NATIONAL CRIMINAL JUSTICE ASSOCIATION emerging status economically and in ereignty claims if we do not respon- COMMISSION ACT terms of our own national security and sibly assist this region in getting a bal- Mr. WEBB. Madam President, first, I the security of the East Asia region. ance. would like to say that Senator SCHU- This has been an incremental process. I This is happening at a time when I MER and I are sharing 30 minutes have been talking about the need to balance a relationship with China for think we have deluded ourselves as a today—we are going to have to do it in nation for economic reasons as to the divided time—to speak about concerns 20 years. Actually, I will begin these remarks nature of the governmental system in with respect to the relationship of the China. We tend to look at these as United States with China and where we by reading from an article I wrote for the Wall Street Journal 91⁄2 years ago. comparable governmental systems be- need to move forward. cause we have such a high reliance on Before I do that, I wish to express my I wrote: trade. And Senator SCHUMER is going hope that my colleagues on the other China engaged in a massive modernization program . . . It shifted its aviation doctrine to talk about the trade aspects of this side will allow a vote on the National from defensive to offensive operations, in- issue. Criminal Justice Association Commis- cluding the ability for long-range strikes Just as one little data point, every sion Act which I introduced a year and throughout Southeast Asia. It has contin- year the Freedom House publishes a a half ago after 2 years of hearings. We ually rattled its sabers over the issue of Tai- record of the freedom of the press. It have bipartisan support on this bill. wan. It has laid physical claim to the dis- ranks countries in the world in terms puted Paracel and Spratly Island groups, The identical version of this bill has of global press freedom. In their last passed the House of Representatives al- thus potentially straddling one of the most vital sea lanes in the world. In the last ranking for 2009, China ranked 181 out ready. We have met with more than 100 year— of 195 countries in terms of freedom of different organizations, from our of- And this meant 2000 and 2001— the press inside the country. Of the 40 fice. We have a buy-in on the necessity countries in Asia, the only countries of this bill from people across the po- it has made repeated naval excursions into Japanese territorial waters, a cause for long- that scored lower than China in terms litical spectrum and the ideological term concern as China still claims Japan’s of freedom of the press were Laos, spectrum. The three major criminal Senkaku Islands, just to the east of Taiwan, Burma, and North Korea. justice associations strongly back this and has never accepted the legitimacy of The second-tier countries in East and bill, as do the American Civil Liberties Okinawa’s 1972 reversion to Japan. Southeast Asia watch very closely how Union, Human Rights Watch, and the This is rather relevant, even though the United States articulates its rela- NAACP. There is no controversy on this was written 91⁄2 years ago, as we tionship with China. History warns this bill. It passed the House by a voice examine Chinese activities in areas in them that they must hedge their bets vote. the South China Sea and the need for against eventual change. And any fail- I certainly hope that before the end us as a nation to stand alongside the ure by the United States to take firm of this year, we will see this national other countries in this region on issues action when the Chinese manifest ag- commission come into place. It is 18 of sovereignty. gressive behavior is viewed in this re- months of getting the finest minds in Just in the past 3 weeks, we saw an gion as a sign of a permeating weak- America to come together and examine altercation in the Senkaku Islands. ness in the United States.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7598 CONGRESSIONAL RECORD — SENATE September 28, 2010 The reality of a smaller size of our from serving on the bench. Those the The fact is, a secret hold can effec- naval forces, the turbulence, at times, country most needs on the bench can- tively kill a nomination or piece of leg- with relationships we have had with not put their lives on hold for months islation. countries that are friends, the mis- or years while their nominations sit on As we have said, our big bipartisan treatment and sometimes neglect of the Senate calendar, blocked for no ap- group in the Senate repeatedly has said our major ally, Japan, causes some to parent reason. all of this secrecy, all of this work to wonder if China will become so power- One of the things that is most strik- keep the public from finding out what ful that we will abandon our friends. ing about how the country has gotten is going on—all of it can be done with- On the one hand, this is an adminis- into this predicament is that experts out anybody, any colleagues in the tration that has done a good job in who have analyzed the situation with Senate or the American people, know- terms of reconnecting with eastern respect to the delay in getting judges ing who was the secret obstructor and Southeast Asia. Secretary Clinton confirmed come back to Senate proce- why they were, in fact, obstructing. made a strong statement in July at the dures as a significant factor in the There is one other point I would like ASEAN conference about the impor- holdup. Repeatedly, these independent to make, particularly with so much of tance of these sovereignty issues. experts say the Senate’s secret hold, the country looking at how Wash- On the other hand, we have a situa- the process by which one Senator, just ington, DC, works and how broken so tion that is now evolving. It is con- one, can anonymously block a judicial much of our system is; that is, how tinuing between Japan and China over nomination from being considered on much power a secret hold provides to a the Senkaku Islands, where we must be the floor of the Senate, is a central fac- lobbyist. I am sure virtually every very clear in our signals to China that tor in the delay in getting these judges Member of the Senate has at some we will not tolerate instability that confirmed. point gotten a request from somebody can be created with false claims of sov- I have come to the Senate floor today who is a lobbyist asking if the Senator ereignty in these regions. There are to say, when we have so many des- would put a secret hold on a bill or ways to resolve these sovereignty ignated judicial emergencies, when nomination in order to kill it—to kill issues, and the expansionist pressure there are so many individuals who have it without getting any public debate from military actions and other ac- won bipartisan support, and a big fac- and without the lobbyist’s fingerprints tions is not the way to do that. tor in not getting judges confirmed is on it anywhere. My major point today is that we the Senate is unwilling to do public Certainly, if a lobbyist finds it pos- must reinvigorate our vitally impor- business in public, it suggests to me it sible to get a Senator to put an anony- tant relations with the ASEAN coun- is time to eliminate the secret hold mous hold on a bill, it is pretty much tries and our allies—Japan, Korea, the which is keeping sunshine from coming like hitting the lobbyist jackpot. Not other treaty allies we have—in order to to the Senate when it comes to the only is the Senator protected by the maintain the stability in this region, consideration of judicial nominations cloak of anonymity, but so is the lob- to maintain our own national interest and other important business. byist, and in effect, through secrecy, a in this region economically, with re- Fortunately, colleagues on both sides secret hold can let the lobbyist play gard to security, diplomatically, and of the aisle—a big group on our side of both sides of the street. It can give a culturally, and ultimately in the long the aisle and a big group on the other lobbyist a victory with clients without term for a proper balance between our side of the aisle—have repeatedly said alienating a potential or future client. country and China. This will only be they want to come together, end secret Given the number of instances where done if we stay with our friends and ar- holds, and do public business in public. I heard a lobbyist asking for secret ticulate very clearly to China that the At this time I would particularly like holds, I think it is fair to say a secret wrong type of behavior is not going to to commend my colleague from Iowa, hold is in effect a stealth extension of be rewarded with a weak form of be- Senator GRASSLEY, who has spent well the lobbying world. havior by the United States. over a decade working on this effort So when you think about the powers I yield the floor and suggest the ab- with me, and also single out Senator that lobbyists already have, why in the sence of a quorum. The PRESIDING OFFICER. The MCCASKILL from Missouri, who has world would you want to give them an- clerk will call the roll. done outstanding work as well mobi- other tool, the secret hold, which The assistant editor of the Daily Di- lizing colleagues from both sides of the could, as I have characterized it, lit- gest proceeded to call the roll. aisle, and who also wants to have this erally be a stealth extension of the lob- Mr. WYDEN. Madam President, I ask procedure changed and have new ac- bying world. I think it makes no sense unanimous consent the order for the countability and sunshine in the Sen- at all, and I come down on the side of quorum call be rescinded. ate. openness and transparency. The PRESIDING OFFICER. Without All we need to be able to do is get I congratulate my colleague, Senator objection, it is so ordered. this out in front of the Senate—frank- GRASSLEY from Iowa, who stood with Mr. WYDEN. I ask unanimous con- ly, out in front of the American peo- me, and Senator MCCASKILL—a big sent to speak for up to 15 minutes as in ple—so they can find out who is in group of colleagues from both sides. On morning business. favor of transparency, who is in favor the other side of the aisle, Senator The PRESIDING OFFICER. Without of accountability, and who still thinks COLLINS, Senator INHOFE, and others objection, it is so ordered. we ought to do business behind closed have spent a great deal of time. Here it SECRET HOLDS doors. has been Senator WHITEHOUSE, Senator Mr. WYDEN. Madam President, there Some in the Senate continue to UDALL, and the presiding officer, Sen- are currently 48 vacancies on courts claim a secret hold does not prevent ator GILLIBRAND—a whole host of col- that the Federal judiciary considers to the Senate from consideration of a leagues, Democrats and Republicans, be judicial emergencies. Let me restate nomination or piece of legislation. who think it is time, when the Amer- that. Filling these vacancies is now They say, for example, the majority ican people are obviously so angry at such a priority that they are consid- leader can always file what we know as the way Washington, DC, does busi- ered judicial emergencies. One of those cloture on that nomination or bill to ness, to make it clear that we are all vacancies considered to be a judicial overcome a hold. That may be true in going to come together and change the emergency is one of the positions for theory, but for all practical purposes it process of letting an individual Senator the U.S. District Court for Oregon. My cannot be done. The process of filing obstruct the people’s business in se- view is this problem is only going to cloture on a nomination certainly can cret. get worse with another 20 judges hav- gobble up almost a week on the Senate It seems to me the bottom line is ing announced plans to retire. If these schedule. So the Senate could easily that a secret hold is literally an inde- positions remain vacant, we all under- spend the remainder of the time re- fensible denial of the public’s right to stand it could delay trials and cer- maining this year with votes on just a know, particularly at a time when tainly justice delayed is justice denied. few nominations now on the Executive there is so much frustration and anger The stalling of judicial nominations Calendar and still not come close to at the way business is done in Wash- also discourages qualified candidates clearing the backlog of nominations. ington, DC. The public’s right to know

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7599 ought to be sacrosanct. Certainly, we about the dramatic changes taking risky area, where change in the market are talking about the kind of matters place in our equity markets, discussing is dramatic, where there is no trans- Democrats and Republicans talk about obscure practices such as colocation, parency and therefore no effective reg- all the time in public. Nobody is talk- naked access, flash orders, and the pro- ulation, we have a prescription for dis- ing about national security or classi- liferation of dark pools. But the most aster. fied matters being brought out here for striking change has been the rise in We had a disaster in the fall of 2008, the kind of sunshine that I and Senator high frequency trading which has come when the credit markets suddenly GRASSLEY and Senator MCCASKILL to dominate equity markets and now dried up and our market collapsed and want to bring to the Senate. This is accounts for well over half of all daily almost brought down not only our fi- about the people’s business—legislation trading volume. nancial system but the financial sys- and nominations, those judicial emer- My message about high frequency tems of the world. gencies and the scores of appointments trading has been straightforward. The We had a near disaster on May 6, 2010. that are being held up, pieces of legis- technological advances and the mathe- Soon, the SEC will issue a second re- lation that involve millions of people matical algorithms that have allowed port on the causes of that May 6 flash and billions of dollars. It seems to me computers to trade stocks in mil- crash. there ought to be public disclosure. lionths of a second in and of them- I hope the SEC has moved much clos- There ought to be consequences if a selves are neither good nor bad. Indeed, er to truly understanding the dramatic Senator fails to disclose a secret hold. as an engineer, I have a deep apprecia- changes in market structure that have In the interest of dealing with the tion for the importance of techno- taken place in the past few years, the crisis in our courts and the importance logical progress. But technology can- potential ramifications of high fre- of bringing public business to the floor not operate in a vacuum, nor should it quency trading, and its impact on re- of the Senate, I hope my colleagues dictate how our markets function. tail and institutional investors. will come together and quickly pass Simply put, technological develop- But this is about more than investor the bipartisan proposal which will once ments must operate within a frame- confidence. The primary function of and for all eliminate secret holds. work that ensures integrity and fair- our capital markets is to permit com- There have been past attempts. Sen- ness. That is why our regulatory agen- panies to raise capital, innovate, and ator GRASSLEY and I were able, as part cies are so critically important. Be- grow in order to create jobs. of the ethics legislation, to get a provi- cause while technology often produces Publicly traded companies employ sion through that we hoped would benefits, it might also introduce con- millions of Americans and are at the make a big difference. What happened flicts that pit long-term retail and in- heart of our economy. then is, the friends of secrecy went stitutional investors against profes- Their stock symbols should not be back and found other ways to get sional traders who are in and out of the used simply as the raw material for around it. It is time once and for all to market many times a day. high frequency traders and exchanges strangle secret holds. That is what a As Chairman Schapiro has consist- and other market centers more con- ently asserted, including in a letter to bipartisan group in the Senate wants cerned with churning out serving long- me over a year ago: to do, and it is important that measure term trade volume than investors and be enacted and enacted quickly. If . . . the interests of long-term investors supporting fundamental company and professional traders conflict . . . the value. I yield the floor, and I suggest the ab- Commission’s focus must be on the protec- sence of a quorum. tion of long-term investors. Perhaps it is not surprising that our IPO markets—initial public offering The PRESIDING OFFICER (Mr. Many people have asked me why I fo- markets—have deteriorated dramati- KAUFMAN). The clerk will call the roll. cused so intently on the arcane details cally and only seem to work for the The assistant legislative clerk pro- of how stocks are traded during my largest public offerings worth several ceeded to call the roll. time as a Member of the Senate. There Mr. LEVIN. I ask unanimous consent hundred million dollars. are several reasons. First, it is Con- that the order for the quorum call be Indeed, the IPO situation today is so gress’ job not just to look backward dire that had it been the case two dec- rescinded. and analyze the factors that brought The PRESIDING OFFICER. Without ades ago, many of our most famous about the last financial crisis, it is also objection, it is so ordered. U.S. corporations, including Dell, our job to be proactive and identify Mr. LEVIN. Mr. President, I ask brewing problems before they put us Yahoo, Computer Associates, and Ora- unanimous consent that the Presiding into a new financial crisis. cle, among others, might never have Officer, Senator KAUFMAN, be recog- Second, we simply must protect the been nurtured—or perhaps even born. nized for 10 minutes as though in morn- credibility of our markets. I have said Many people, including the con- ing business—during that period, I will time and again that the two great pil- sulting firm Grant Thornton, link this preside—and then that I be recognized lars on which America rests are democ- phenomenon directly to the rise of high for up to 10 minutes as though in morn- racy and our capital markets. But frequency trading under a one-size-fits- ing business while the Presiding Officer there is more at stake than a struc- all set of market rules that favors effi- resumes the chair. tural risk that could bring our market ciency of trading above all else. The PRESIDING OFFICER. Without once again to its knees as occurred on As for the Securities and Exchange objection, it is so ordered. May 6. There is a real perceptual risk Commission, I believe the SEC is still Mr. LEVIN. I thank the Chair. that retail investors will no longer be- in the early stages of what I hope will (Mr. LEVIN assumed the chair.) lieve the markets are operating fairly, be an extraordinary turnaround. The PRESIDING OFFICER. The Sen- that there is simply not a level playing After years of deregulatory fervor ator from Delaware is recognized. field. which sapped morale and led to an EQUITY MARKETS INTEGRITY If investors don’t believe the markets egregious case of regulatory capture, Mr. KAUFMAN. Mr. President, I are fair, they won’t invest in them. we now have an emboldened agency, come to the floor one final time to talk And if that happens, we can all agree with a beefed up enforcement division, about the integrity of our equity mar- our economy will be in serious trouble. a serious chairman, and an invigorated kets, a subject I have made a central Third, we should have learned the staff. focus of my Senate tenure. It is an lesson from derivatives trading that That was evident in last week’s hear- issue that has gained increasing atten- when we have opaque markets that are ing that I chaired in the Judiciary tion, especially since the May 6 flash nontransparent, disaster is often not Committee on the Fraud Enforcement crash, yet still lacks fundamental far behind. and Recovery Act. transparency, regulation or oversight. It is hardly surprising that high fre- The commission must still reform A year ago, I wrote to Mary quency trading should deserve a watch- the way it gathers the facts it needs to Schapiro, Chairman of the Securities ful, and possibly critical, government study market issues and particularly and Exchange Commission, to outline eye. high frequency trading. my concerns. Seven times since then I It is simply a truism that whenever Evidence-based rulemaking should have come to the Senate floor to talk there is a lot of money surging into a not be a one-way street in which all

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7600 CONGRESSIONAL RECORD — SENATE September 28, 2010 the ‘‘evidence’’ is provided by those Wall Street holds a piece of Amer- ond long, at trades. With their com- whom the SEC is charged with regu- ican capital, our collective capital, and puters, those firms can take advantage lating. it has a real and profound responsi- of that split-second head start on mar- We need the SEC to require tagging bility to handle it fairly. ket-moving trades. The Securities and and disclosure of high frequency trades But that entails another obligation Exchange Commission is working on and to quickly implement a consoli- as well: to come to the table and play rules to ban the practice, and I join dated audit trail so that objective and a constructive role with Congress and Senator KAUFMAN in urging that this independent analysts—in academia, the Securities and Exchange Commis- practice be stopped. private analytic firms, the media, and sion in resolving its current issues—es- Senator KAUFMAN has studied the elsewhere—are given the opportunity pecially the possibility of high fre- trading markets in great detail, com- to study and discern what effects high quency trading manipulation and sys- municating with regulators and indus- frequency trading strategies have on temic risk. try participants. He has learned that long-term investors. For too long, many on Wall Street our regulatory system for monitoring They can also help determine which have urged Washington to look the trading is outdated and that the tech- strategies should be considered ma- other way, to accept the view that all nology and capabilities of those who nipulative. is fine. If Wall Street does not engage seek to exploit loopholes in the rules or The recent ‘‘layering’’ case brought honestly and constructively, then avoid them altogether have too often by FINRA against a high frequency these issues must be resolved without outpaced those tasked with their over- trading firm was a good start, but their input, and resolve them we will. sight. much more needs to be done to end the The credibility of our capital mar- Senator KAUFMAN has come to this ‘‘wild west’’ trading environment that kets is too precious a resource to floor many times over the past several today is eroding market integrity. squander; as I say every time I have months to warn us of the risks of our We cannot afford regulatory capture the chance, it is a fundamental pillar current trading market structure, and nor can we afford consensus regulation, of our Nation. And if it is now threat- of his concerns with the inadequate not in any government agency, but es- ened, Congress and the regulatory regulatory process we have to police pecially not at the SEC, which oversees agencies will surely act. them. such a systemic and fundamental as- We can fashion a better solution with On August 5, he sent a letter to Secu- pect of our entire economy. industry input, not a biased solution, rities and Exchange Commission Chair- Colocation, flash orders, and naked but a better solution, one that should man Schapiro outlining proposals to access are just a few practices that benefit Wall Street in the long term, address some of those concerns. His were fairly widespread before ever one that must benefit all Americans thoughtful proposals make a signifi- being subjected to any regulatory scru- now. The American people deserve no cant contribution to the debate over how to make our financial system tiny. less. For our markets to remain credible— Mr. President, I yield the floor. safer. On May 6 of this year, we all watched and it is absolutely essential that they The PRESIDING OFFICER (Mr. helplessly as the stock market plunged do so—it is vital that regulators be KAUFMAN). The Senator from Michigan. nearly 1,000 points in a few minutes. proactive, rather than reactive, when COMMENDING SENATOR TED KAUFMAN While the regulators have committed Mr. LEVIN. Mr. President, I come to future developments arise. to studying it and are expected to re- After a year of intense study by me the floor today simply to thank my lease their report soon on the root and my staff, I sent a letter to the Se- friend, the Senator from Delaware, for causes of that ‘‘flash crash,’’ I cannot curities and Exchange Commission on his extraordinary work in the Senate help but think that we in Congress owe August 5, 2010, with my best summary and to make a comment on some of the it to families and businesses around of the market structure problems and things he has been working on. this country to better understand what potential solutions the commission Since coming to this body, Senator happened and to make sure we do what faces. KAUFMAN has proven to be a tireless we can to stop it from happening again. I will now wait for the SEC report advocate for his State of Delaware and Although Senator KAUFMAN will soon and findings before I add or subtract the country, and his remarks he just be departing this body, we must con- from my views, as expressed in that provided are further evidence of that. tinue his work so that those who seek letter. Senator KAUFMAN joined us here and to exploit our markets to the det- Though this work must be completed joined me on the Permanent Sub- riment of long-term investors and the in my absence, I will continue to speak committee on Investigations, where he real economy will not be able to do so out on market structure issues long and his staff dug deeply into the weeds without a battle from the Senate. Sen- after I leave the Senate. of financial statements and e-mails in ator JACK REED is committed to doing Because if we fail, if we do not act efforts that helped ferret out some of just that. He held a hearing in May boldly, if the status quo prevails, I the astonishing findings of our hear- shortly after the flash crash in which genuinely fear we will be passing on to ings into the causes of the financial he looked into the causes of the crash. my grandchildren a substantially di- crisis. Senator KAUFMAN’s dedication I will join him and others and do all we minished America: one where saving and thoughtful questioning during can to respond to these high-tech and investing for retirement is no those hearings helped expose some of threats to market fairness and trans- longer widely practiced by a generation the root causes and crass conflicts of parency. of Americans and where companies no interest that led to the crisis that The world of trading stocks, bonds, longer spring forth from the well of brought our economy to its knees. commodities, and other financial in- capital flows that our markets used to I also want to make particular note struments today occurs on two levels. provide. of Senator KAUFMAN’s work on high There are those who invest for the long Wall Street is a business like any frequency trading, flash trading, and haul, investing in companies and prod- other business in America. But it is other trading market issues, where ucts they expect to do well for some also different in one important way: It those with powerful computers are able time. They drive our economy. But is Wall Street that gathers up the to exploit weaknesses in our regulatory then there are those who seek to ‘‘in- hard-earned cash of millions of Ameri- systems to their own financial advan- vest’’ for thousandths of a second or cans and allows them to invest in cap- tage, while hurting long-term investors just long enough to profit on split-sec- ital markets that up until now have and hurting the real economy. ond price swings. These traders argue been the envy of the world. Senator KAUFMAN cares deeply about that they provide ‘‘liquidity’’ to the These markets, like all markets, will these issues, and he has voiced his con- markets, but in many cases they are ebb and flow. cerns about them in this Chamber for actually hurting the markets by pro- But they should never be brought over a year. Last year, he called for a moting volatility and undermining the down by inherent structural problems, ban on flash trading, a practice in integrity of those markets. by trading inequities, or by opaque op- which some firms pay for a ‘‘sneak As Senator KAUFMAN said, we owe it erations that shun transparency. peak,’’ only a few thousandths of a sec- to the millions of families who have

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7601 their savings in the markets and to the During this time, they were able to ity. It seems China is first, second, and businesses that rely on the markets for provide a safe, healthy home for a fifth third. the capital they need to survive and little boy until a permanent home Unfortunately, they are doing the grow to make sure our markets func- could be found. The family was able to same thing in the economics sphere. I tion properly. I applaud Senator KAUF- keep the biological siblings together have been working with colleagues MAN for his extraordinary work on and provide a loving home for four chil- such as Senators STABENOW, BROWN, these issues and other issues in the dren. and GRAHAM to try and reverse this sit- Senate. I thank him for his service. And the new family began their lives uation. One way for us to recognize that serv- together. I rise to speak about what many of us ice is to continue his quest for more Nicole and Scott recently celebrated consider the biggest sticking point in fair and transparent markets. their seventh wedding anniversary. U.S.-Chinese relations: Chinese overt Mr. President, I yield the floor and They have taken in four children in and continuous manipulation of its suggest the absence of a quorum. need and consider themselves to be currency to gain a trade advantage The PRESIDING OFFICER. The blessed. over its trading partners. clerk will call the roll. I have great admiration for foster The Economic Policy Institute esti- The assistant bill clerk proceeded to and adoptive parents, and I was mates that 2.4 million American jobs call the roll. thrilled to nominate Nicole and Scott were lost or displaced in manufac- Mr. BROWNBACK. Mr. President, I Sherer as Adoption Angels. turing and other trade-related indus- ask unanimous consent that the order Their commitment to care for these tries between 2001 and 2008 as a result for the quorum call be rescinded. four children, to give love freely, is an of increased trade with China and the The PRESIDING OFFICER. Without inspiration for all. It is my hope that Chinese Government’s manipulation of objection, it is so ordered. currency. New York has suffered some Mr. BROWNBACK. I ask unanimous their example will inspire other cou- ples to open their hearts and homes to of the biggest losses with over 140,000 consent to speak as in morning busi- jobs lost or workers displaced over the ness for up to 15 minutes. children awaiting adoption. May God bless Nicole, Scott, Darren, past 10 years. The PRESIDING OFFICER. Without Accession to the WTO was supposed objection, it is so ordered. Desiree, Christian, and Mariah, as well as all adoptive parents who give chil- to bring China’s policies in line with (The remarks of Mr. BROWNBACK are global trade rules meant to ensure free dren the gift of a loving family. printed in today’s RECORD under but fair trade. Instead, China has flout- ‘‘Morning Business.’’) I yield the floor and suggest the ab- sence of a quorum. ed those rules to spur its own economy Mr. BROWNBACK. Mr. President, I and export-oriented growth at the ex- yield the floor, and I note the absence The PRESIDING OFFICER. The clerk will call the roll. pense of its trading partners, including of a quorum. the United States. Clearly, our rela- The PRESIDING OFFICER. The The legislative clerk proceeded to tionship in the economics sphere, as clerk will call the roll. call the roll. The legislative clerk proceeded to Mr. REED. Madam President, I ask well as the foreign policy sphere and call the roll. unanimous consent that the order for diplomatic sphere, with China needs Mr. JOHANNS. Madam President, I the quorum call be rescinded. fundamental change. I say that loudly and clearly to the ask unanimous consent that the order The PRESIDING OFFICER. Without Chinese because they seem to think we for the quorum call be rescinded. objection, it is so ordered. are patsies. Past policies might give The PRESIDING OFFICER (Mrs. (The remarks of Mr. REED are printed some corroboration to that view. Let HAGAN). Without objection, it is so or- in today’s RECORD under ‘‘Morning me explain. dered. Business.’’) Six years ago, Senator GRAHAM and I THE SHERERS: ADOPTION ANGELS Mr. REED. Madam President, I yield came up with the idea of doing some- Mr. JOHANNS. Madam President, the floor and suggest the absence of a thing about manipulation of currency. Scott and Nicole Sherer, of Lincoln, quorum. At first everyone said: Oh, no, this is NE, are extraordinary Nebraskans who The PRESIDING OFFICER. The not a problem. There were editorials in opened their hearts and homes to four clerk will call the roll. both the Wall Street Journal and New beautiful children in need of parents. The assistant legislative clerk pro- York Times that said it is OK for China This is a tale of love, devotion and car- ceeded to call the roll. to peg its currency. We were attacked ing. Mr. SCHUMER. Madam President, I from the far right and the far left and In 2007, Nebraska officials found a ask unanimous consent that the order young boy named Darren, develop- many others. for the quorum call be rescinded. Now, at least we have made some mentally disabled—a victim of neglect. The PRESIDING OFFICER. Without The State removed Darren from the progress. Everyone admits it is a prob- objection, it is so ordered. lem. Now that we have consensus— household and began to search for a Mr. SCHUMER. Madam President, I foster family. quite broad consensus—that this is a ask unanimous consent that I be al- problem, this is wrong, this is unfair, They didn’t have to search far be- lowed to speak as in morning business. cause Nicole and Scott Sherer were the fundamental question hangs out The PRESIDING OFFICER. Without there: Who is going to fix this problem happy to take him into their home. objection, it is so ordered. The following year, a little girl and how? CHINESE CURRENCY MANIPULATION named Mariah was found to be a shak- The administration continues—this Mr. SCHUMER. Madam President, I en baby and was taken to Children’s administration, and I say that as some- am pleased to join my colleague, Sen- Hospital. one who is a supporter, who continues Mariah’s brother Christian was also ator WEBB, in discussing serious con- to pin its hopes on yet more talking. removed from the home and the State cerns with Chinese economic and for- This despite the fact that years of again looked for a healthy home. eign policies and their impact on the meetings and discussions with this ad- Once again, the Sherers did not United States, U.S. companies, U.S. ministration and the previous adminis- blink. Two more children needed par- workers, and U.S. citizens. tration have repeatedly failed to ents; they needed a home. Two more Earlier, we were supposed to speak produce any lasting, meaningful re- children found their family. together, but the vicissitudes of the sults. And this exceptional family still had floor broke us up. Earlier today, my es- It has been 3 months since China an- more room in their hearts and their teemed and erudite colleague, Senator nounced it would allow its currency to home. WEBB, gave an excellent address, which appreciate for the first time since the Two year later, Darren’s sister I hope my colleagues will read, about middle of 2008. The RMB has risen less Desiree was born and was delivered to how China is simply taking advantage than 2 percent against the dollar, most the Sherers from the hospital. in the foreign policy area. They are of that appreciation taking place in the They formally adopted Christian and pursuing policies that just move for- last 2 weeks. Mariah in April 2009 and then adopted ward without any concern for the President Obama met with Chinese Darren and Desiree in July 2010. world community, for peace, for com- Premier Wen last week to urge quicker

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7602 CONGRESSIONAL RECORD — SENATE September 28, 2010 evaluation of his country’s currency. never claimed it will totally solve the than to confront China’s currency ma- He got nothing, nothing—a big goose deficit, that is for sure. The bill is nipulation. egg—for his efforts. It is not his fault; about fair trade. The bill is about a ce- Praise God, this is not a Democratic it is the fault of the Chinese. But when ramics manufacturer in upstate New or Republican issue. We have broad bi- are we going to change things? York that has developed a great new partisan cosponsorship of our legisla- According to news reports, Premier product that can clean the air as it tion. No one is seeking to gain political Wen gave a standard response about goes through our new generator tur- advantage. We are simply seeking to gradual reform. The upcoming G20 bines. But China is stealing the prod- restore economic fairness. Every single summit in Seoul looks similarly devoid uct and is now going to sell it back to one of us has manufacturers that are of possible progress on this issue. News the United States at a 30-percent ad- struggling to compete at home and reports suggest that none of the other vantage. You can’t even measure the abroad with Chinese exports with a countries are willing to push China on loss we face because of China’s unfair built-in 20- to 40-percent price advan- this issue. policies on currency. tage. This is not about bashing China; Each time I have pushed the adminis- Yes, critics of our bill have said it it is about defending the United States tration to take a tougher stance will not solve the trade deficit, but as before it is too late—before the loss of against China’s manipulation of cur- I said, this has never been the claim. It jobs and wealth that flows out of this rency; each time they have vowed to do will reduce the trade deficit, without country is almost irreparable. I call on so. It is plain and simple: It is not doubt. It will keep wealth in the my colleagues to join in the defense. working. China is merely pretending to United States, it will keep American I yield the floor, and I suggest the ab- take significant steps on its currency. jobs, and it will restore some equi- sence of a quorum. This sucker’s game is never going to librium to the American economy and The PRESIDING OFFICER. The stop unless we finally call their bluff. the world economy. clerk will call the roll. China’s mercantilist policies con- Other critics have said China could The assistant editor of the Daily Di- tinue to undermine the health of many retaliate by selling some of the tril- gest proceeded to call the roll. U.S. industries that inject billions of lions of dollars of Treasurys they cur- Mr. INHOFE. Madam President, I ask dollars into the U.S. economy and em- rently hold, but we know this will not unanimous consent the order for the ploy hundreds of thousands, millions of happen. China is not going to cut off quorum call be rescinded. American workers. We have to do its nose to spite its face. Its major The PRESIDING OFFICER. Without something about it—something real. wealth asset they are going to devalue? objection, it is so ordered. Last week, the House Ways and Hello, as my kids might have said when Mr. INHOFE. I ask unanimous con- Means Committee voted out a bill that they were younger. sent I be recognized as in morning busi- clarifies countervailing duties can be We must take a decisive step against ness. imposed to offset the effect of under- China’s currency manipulation and The PRESIDING OFFICER. Without valued currency. I applaud Chairman other economically injurious behavior. objection, it is so ordered. LEVIN for taking a concrete step to- We have no choice but to defend and ENVIRONMENTAL OVERREGULATION ward addressing the persistent imbal- protect U.S. jobs and the U.S. economy Mr. INHOFE. Madam President, I re- ance created by China’s undervalued unless and until China starts behaving leased today a minority staff report of currency. Effective enforcement of our like the international, law-abiding, the Senate committee on Environment trade laws is one tool the administra- global, emerging power it seems to be and Public Works. When Republicans tion can and should use to counter Chi- recognized as. Once and for all I say to were in the majority I chaired the com- na’s mercantilist currency policies. those in the ivory towers who love to mittee and now I am the ranking mem- But the administration could use look down upon us but who don’t look ber, minority member. We have been more than one ace up its sleeve. And at the facts, the issue is not U.S. pro- concerned for quite some time now that is what my bill, introduced with tectionism; the issue is China’s flout- that the heavyhanded overregulation Senators STABENOW, GRAHAM, BROWN, ing the rules of free trade in almost we are getting from the Environment BROWNBACK, WEBB, SNOWE, and others— every sphere and never budging unless and Public Works Committee is taking bipartisan, across the political spec- they are pushed to. its toll on American jobs. So we re- trum—would provide. This is one reason why when the Sen- leased this and documented a report The bill gives the administration ad- ate reconvenes later this year, my col- that examines the impact on jobs and ditional tools to use if countries fail to leagues and I intend to move forward the economy from all these EPA rules adopt appropriate policies to eliminate with the legislation to provide specific and EPA regulations. currency misalignment and includes consequences for countries that fail to We are covering four areas. The focus tools, including the use of the counter- adopt appropriate policies to eliminate is on the boiler MACT regulations, the vailing duty law, to address the impact currency misalignment and give the revised National Ambient Air Quality of currency misalignment on U.S. in- administration the additional tools it Standards for ozone—we are all con- dustries. needs to address the impact of cur- cerned about that—I notice the new ce- I call on the administration to sup- rency misalignment on U.S. industries. ment MACT regulations, and the port our legislation to address China’s I say to those at the other end of endangerment findings. These are just mercantilistic exchange rate policies. Pennsylvania Avenue, as well as in Bei- four rules that are costing us a lot of We must stand up for American manu- jing, this issue cannot wait for another jobs. facturers, American workers, and year. It cannot wait for another new There are many others we could be American jobs. We have to prevent the Congress. I am confident this bill will talking about, in fact we are going to flow of billions of dollars out of our pass the Senate with overwhelming be talking about in the near future: country—wealth we will never re- support. standards for cooling water intake cover—every quarter as long as the Let me conclude by noting that over structures at powerplants, National Chinese continue this policy. the past 6 years, my colleagues and I Ambient Air Quality Standards for Critics of our bill say it would start have been sending a message to the dust and particulate matter—actually, a trade war with China, but that is not Chinese Government about their ex- they are talking about doing one now right because American companies are change rate policies and other WTO-in- for farm dust. I am from Oklahoma. A already fighting a war for survival in consistent behavior, but apparently lot of people back here don’t under- China—battling market access limita- they refuse to listen. Ultimately, if you stand when you grow something you tions, intellectual property theft, in- refuse to play by the same rules as ev- have to grow it in dirt. When the wind digenous innovation policies, and un- eryone else, we will hold you account- blows that is dust, but you can’t regu- fair competition from heavily sub- able. Chinese currency manipulation late it. But they think they can—the sidized domestic State-owned enter- would be unacceptable even in good new source performance standards for prises. When are we going to learn? economic times, but at almost 10 per- coal-fired powerplants and refineries, Critics of our bill say it will not solve cent unemployment, we can’t stand for and the rules governing disposal of coal the trade deficit with China. We have it. There is no bigger step we can take combustion waste.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7603 What does it all mean? The American has been working out and working suc- highly concentrated in manufacturing Forest and Paper Association esti- cessfully. But they are saying it could regions, in States relying on coal for mates, and I am quoting them: threaten the viability of this oper- electricity. . . . about two dozen new regulations being ation, and it is not just in my State of What does the nonattainment mean? considered by the Administration under the Oklahoma but all over the country. For local communities, such as my Clean Air Act, if all are promulgated, poten- These concerns are shared by 40 of communities in Oklahoma, it can mean tially could impose on the order of $17 billion my colleagues, including 18 Democrats, loss of industry and economic develop- in new capital costs on papermakers and who wrote Lisa Jackson—she is the Ad- ment, including plant closures; loss of wood products manufacturers in the next ministrator of the Environmental Pro- Federal highway and transit funding; five to eight years alone. tection Agency—a letter. Keep in mind, increased EPA regulation and control That is just for one industry. You half of these are Democrats. over permitting decisions; increased have all the other industries that will As our Nation struggles to recover from costs for industrial facilities to imple- be affected. the current recession, we are deeply con- ment more stringent controls; and in- Before I begin, let me say the Clean cerned that the pending Clean Air Act boiler creased fuel and energy costs. Air Act was a success. I have always MACT regulations could impose onerous bur- In my State of Oklahoma, at least 15 been a supporter of the results of the dens on U.S. manufacturers, leading to the counties would face new restrictions Clean Air Act. We now have cleaner air loss of potentially thousands of high-paying right now, under the 2008, and there are jobs this sector provides. As the national un- from cars, from factories, and power- two counties that would be out of at- plants. It has been very successful. In employment rate hovers around 10 percent, and federal, state and municipal finances tainment. All these things would hap- fact, when we were a majority and I continue to be in dire straits, our country pen. You can’t go out and recruit in- chaired that committee, we had the 3P should not be jeopardizing thousands of man- dustry, they close down a lot of indus- regulations, we had the Clear Skies ufacturing jobs. tries there now. I have listed in these regulations we tried to promulgate—we That is a quote from a letter, half remarks that will be part of the have been attempting to do this for a Democrats, half Senators, 40 of us, to RECORD 15 counties in my State of long period of time. However, if we are Lisa Jackson of the Environmental Oklahoma that could be facing these going to be competing with other coun- Protection Agency. new restrictions. tries, this overregulation is going to do Just in the area of boiler regulation, We all support cleaner air, but here is nothing but send our jobs to places one of the four I am going to talk where the Obama EPA and I disagree. such as China and India and Mexico. about, potentially 1 million jobs could It should not come at the expense of Of the four areas I mentioned, the be lost. This is the problem we are hav- people’s jobs or the economy. Appar- first is the boiler MACT. The MACT ing with the overregulation in this ently, I am not the only one thinking means maximum achievable control country. We have two major problems: this way. technologies. Forget about that, just overregulation and the fact we are not On August 6, 2010, a bipartisan let- call that regulation. developing any power anymore, we ter—this is the third one I am men- The first one, the regulations, would made it so difficult. We have not had a tioning now—was sent to the EPA Ad- be the boiler MACT. It would impose new coal-fired powerplant in this coun- ministrator on the Agency’s ozone re- stringent emission limits on moni- try for quite some time. Yet China is consideration. It was signed by Sen- toring requirements for 11 subcat- cranking out two of them every week. ators VOINOVICH, BAYH, LUGAR, egories of boilers and process heaters. This is our competition over there. LANDRIEU, VITTER, MCCASKILL, and The proposed rule covers industrial The second area is ozone. On January BOND. That is an equal number of boilers used in manufacturing, proc- 6 of this year, for the second time in Democrats and Republicans. They said: essing, mining, refining, as well as less than 2 years, the EPA proposed While we believe we can and should con- commercial boilers used in malls, laun- tightening the NAAQ standards for tinue to improve our environment, we have dries, apartments, restaurants and ho- ground level ozone. Specifically, the become increasingly concerned that the tels. EPA is proposing to strengthen the 8- Agency’s environmental policies are being The Industrial Energy Consumers of hour ‘‘primary’’ ozone standard. The advanced to the detriment of the people they are intended to protect. That is, these poli- America, which represents companies EPA estimates that setting the pri- with 750,000 employees, said they are cies are impacting our standard of living by mary standard within its proposed drastically increasing energy costs and de- ‘‘enormously concerned that the high range will cost between $19 and $90 bil- creasing the ability of our states to create cost’’ of the boiler regulations will lion. That is the EPA’s estimate. This jobs, foster entrepreneurship, and give manu- leave companies no recourse but to proposal comes at the heels of the 2008 facturers the ability to compete in the global shut down the entire facility, not just ozone standard, which created a serious marketplace. the boilers. problem. The CAA, Clean Air Act, only Again, that was just one of these four This is what the econometrics firm requires revision at least 5 years. That areas. IHS-Global Insight found in its anal- was just 2 years ago. Now they are The third one would be the Portland ysis of the EPA’s proposal, just the one talking about doing it again. So the cement regulations. This third rule is proposal. They concluded that the pro- EPA is not required to revise the sta- another regulation having to do with posal could put up to 798,000 jobs at tus quo. cement. According to the EPA, ‘‘a pro- risk. Moreover, they said every $1 bil- Meanwhile, States are in the midst of jected 181 Portland cement kilns will lion spent on upgrade and compliance trying to meet the 2008 requirements be operating at approximately 100 fa- costs will put some 16,000 jobs at risk while some communities are not in cilities in the United States by the and reduce the U.S. GDP by as much as compliance with the 1997 standards, the year 2013.’’ EPA’s new emission stand- $1.2 billion. time they did it before. ards under section 112 of the Clean Air The EPA’s pending boiler regulations EPA announced it is delaying the Act will apply to 158 of that 181. About also threaten my home State of Okla- new standards until late October. 7 kilns will be subject to the EPA’s new homa. We have one group, a company Guess what. We are there. My guess is source performance standards under called Covanta Energy, which in 2008 they will be delaying it until after the section 111 of the Clean Air Act. reopened the Walter B. Hall Resource election because they don’t want to The cement industry is essential to Recovery Facility, a waste-to-energy know what hardship they are imposing America’s economy. According to a plant. upon the American people before the study by the Maguire Energy Institute This happened, actually, when I was election. It is not hard to see why. at SMU, the cement manufacturing in- mayor of Tulsa many years ago. We Whatever level EPA ultimately picks, dustry in 2008 produced $27.5 billion in had two great needs: one to dispose of it will dramatically increase the num- GDP, $931 million in indirect tax reve- waste and the other to create energy. ber of so-called nonattainment areas nues for State and local governments, So we did one of the first waste-to-en- nationwide. and sustained 15,000 high-paying jobs. ergy plants in America. It was done Based on the 2008 air quality data, we In addition to those 15,000 direct jobs, back in the early 1980s when I was could see as many as 608 new non- the industry has an ‘‘induced employ- mayor of Tulsa. This is something that attainment areas, with many of them ment’’ effect, which helps create and

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7604 CONGRESSIONAL RECORD — SENATE September 28, 2010 sustain an additional 153,000 jobs. ‘‘Im- tion. That is what this is all about. on American workers and businesses and a portantly,’’ the Maguire Energy Insti- This is just one-fourth of the minority number of industrial sectors, along with the tute noted ‘‘these are primarily high- report we have out there that we intro- farmers, miners and small business owners wage jobs generating about $7.5 billion duced today. who could be affected as your energy agency moves toward the regulations for vehicle annually in wages and benefits.’’ The rule, in order to do this—and I greenhouse gas emissions. According to the Portland Cement will never forget because right before I You know, as bad as things are right Association, EPA’s regulation puts up went over to Copenhagen in December, now, we are supposed to be able to to 18 cement plants at risk of shutting we had a hearing in the Environment knock down and the President said we down, threatening nearly 1,800 direct and Public Works Committee, and we are going to bring unemployment down jobs and 9,000 indirect jobs, accord- had Lisa Jackson—I have a great deal to somewhere around 6 or 7 percent, ingly. I might add, one of these would of respect for her—before the hearing. be in my State of Oklahoma. These I said: Madam Administrator, I sus- and it is still right up there at 10 per- jobs in cement production would go to pect that when I leave for Copenhagen cent. These regulations haven’t even China. That is what a professor from tomorrow, you are going to have an gone into effect yet. So that is going to King’s College in London said about endangerment finding. cause the unemployment figures to be the EPA’s rule—coming from London: An endangerment finding is a finding much higher. So I think it is important to recog- So rather than importing 20 million tons of that will allow them to promulgate nize right now, before it is too late, cement per year, the proposed [rule] will rules to do what they failed to be able that something can be done about this lead to cement imports of more than 48 mil- to do in legislation. lion tons per year. In other words, by tight- I said: And to do that, it is going to overregulation right now, and I really ening the regulations on U.S. cement kilns, believe this is the opportunity that we there will be a risk transfer of some 28 mil- have to be based on some science. What science would that be based on? have. lion tons of cement offshore, mostly to This report we just released today is She said: Primarily, the science that China. on my Web site, inhofe.senate.gov, and Senators VOINOVICH and LINCOLN came from the United Nations. And the IPCC—since that time, there we have now been able to get this wrote a bipartisan letter to Adminis- around the country so that people trator Jackson, sharing these concerns has been Climategate—told the truth about how they have been trying to know that as bad as the unemployment back in February, saying: and overregulation is that is costing In a very real sense, if a reasonable stand- cook the science over that period of time. So this is one that is really very American jobs, it could be a lot worse ard is not adopted in this matter, we antici- if these four regulations get into full pate that substantial cement capacity may serious. effect. I think it is our job here in the move overseas to the detriment of industrial But the U.S. Chamber found that if employment. . . . they are able to go ahead and use the Chamber to recognize that we have a And the detriment of hundreds of emissions, it would affect 260,000 office very serious unemployment problem in thousands of people in the United buildings, 150,000 warehouses, 92,000 this country, a very serious overregula- States. health care facilities, 71,000 hotels and tion problem in this country, and we The fourth is my favorite. To give motels, 51,000 food service facilities, can now do something about it. I yield the floor, and I suggest the ab- just a little bit of background, way 37,000 churches and other places of wor- sence of a quorum. back when we had the Kyoto treaty in ship, and 17,000 farms. That is because The PRESIDING OFFICER (Mr. the 1990s, there was an effort at that they would be falling under the cat- UDALL of Colorado.) The clerk will call time to say we have catastrophic egory—the 250 tons of emissions of CO 2 the roll. things happening, global warming and per year. The bill clerk proceeded to call the all that, as a result of primarily man- The greenhouse gas regulations will roll. made gases. They tried through the mean higher energy costs for con- Mr. REID. Mr. President, I ask unan- years to pass legislation. We had the sumers, especially for minorities and imous consent that the order for the 2003 and 2005 McCain-Lieberman bills. the poor. quorum call be rescinded. Then we had the Markey bills and the I had the Catholic Charities in my of- The PRESIDING OFFICER. Without others. I think one was a Boxer-Sand- fice today. We had, actually, the man, objection, it is so ordered. ers bill. All of them were essentially who I learned just died this last week, Mr. REID. Mr. President, what is the doing the same thing; it was called cap with the Ohio Catholic Charities down status of the Senate? What are we and trade. It was something I charac- for hearings when we were talking doing? Morning business? terized as the largest tax increase in about all the things they were trying The PRESIDING OFFICER. The Sen- the history of this country. to do through the various bills on cap ate is under cloture on the motion to As a matter of fact, during the con- and trade. His testimony was—and proceed. sideration of all of these bills, they es- these individuals were in my office Mr. REID. Thank you, Mr. President. timated—and this was several—MIT, today—that it disproportionately hurts CRA, and several other institutions poor people. For example, if someone is WILDLIFE CONSERVATION AND ANIMAL WELFARE said that the cost to America would be in poverty, there are just some things Mr. REID. Mr. President, one piece of somewhere between $300 and $400 bil- that person has to have—heating the unfinished business we have here in the lion a year. home in the winter, transportation Senate is to move a series of good, The rule discussed is the costs, costs that are necessary. If you commonsense bills that would benefit endangerment finding. As I have docu- are a wealthy person, that might con- wildlife and domestic animals. mented on the Senate floor before, the stitute maybe 5 percent of your ex- These wildlife conservation and ani- EPA promulgated its endangerment pendable income, but it could be 100 mal welfare bills have already passed finding on greenhouse gases in Decem- percent of the income of someone who the House of Representatives, and for a ber of 2009, which I said could lead to is poor. So it disproportionately hurts good reason. They also have bipartisan the greatest bureaucratic intrusion the poor people. support. Most importantly, all of these into the lives of the American people. This is why, on February 19, recog- measures are supported by the Amer- It would trigger costly, time-con- nizing that he was going to lose a lot of ican people. These aren’t Democratic suming permitting requirements for jobs, Senator ROCKEFELLER, joined by or Republican issues; they are issues of new and modified stationary sources seven of his Democratic colleagues, good moral conscience. for greenhouse gases such as power- wrote—again, this is the fourth letter— I have worked over the years on plants, factories, and refineries. to Administrator Jackson on their con- many bills connected to animals and So the problem with this is that cern with the endangerment finding. wildlife. Not long ago, Senator CANT- when the Obama administration saw WELL and I worked with a number of We write with serious economic and energy that Congress was not going to pass security concerns relating to the potential our Republican colleagues to pass a fel- these very punitive tax increases called regulation of greenhouse gases from sta- ony level penalty bill for dog fighting cap and trade, they decided they were tionary sources under the Clean Air Act. We and cock fighting. This was a bipar- going to try to do it through regula- remain concerned about the possible impacts tisan rejection of animal cruelty.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7605 Today, we have the opportunity to help on around the country as they relate to MORNING BUSINESS a great number of species. One bill animals. We should do something to Mr. DURBIN. Mr. President, I ask ready for action, the Shark Conserva- take care of this. I hope we can get unanimous consent that the Senate tion Act, will improve Federal enforce- these cleared. These are not great legal proceed to a period of morning business ment of an existing prohibition on the issues, but they are moral issues. If we with Senators permitted to speak for killing of sharks just for their fins. Be- can’t treat animals in a fair way, we up to 10 minutes each. cause of a loophole in the existing law, can’t treat ourselves in a fair way. The PRESIDING OFFICER. Without animals are still caught, their fins are When we come in, in the morning, I objection, it is so ordered. severed, and the dismembered shark is will ask for these consents. I appre- sent back into the ocean to die. But ciate my friend from Mississippi for his f they don’t just die, they suffer a hor- usual manner of being so courteous in NEVADA OPERA THEATRE rible and protracted death—all of that allowing me to go forward with my cruelty for a bowl of soup. statement. Mr. REID. Mr. President, I rise today Another important bill is the Marine The PRESIDING OFFICER. The Sen- to recognize the 25th anniversary and Mammal Rescue Assistance Act, which ator from Mississippi is recognized. great impact of the Nevada Opera The- will strengthen programs that provide Mr. WICKER. Mr. President, I ask atre in Las Vegas, NV. A pillar in the emergency aid to seals, whales, and unanimous consent to be recognized as arts, education and entertainment in other marine creatures that get struck in morning business. southern Nevada, we are proud of the by boats or tangled in fishing lines. The PRESIDING OFFICER. Without Nevada Theatre Opera and its many This happens all the time. objection, it is so ordered. achievements since inception. It is my great pleasure to honor this fine insti- Other bills, such as the Crane Con- (The remarks of Mr. WICKER are tution along with its participants, pa- servation Act, the Great Cats and Rare printed in today’s RECORD under Canids Act, and the Southern Sea ‘‘Morning Business.’’) trons and volunteers here before the Otter Recovery Act, will protect some Mr. WICKER. I suggest the absence U.S. Senate today. of the most rare and remarkable crea- of a quorum. Known as a global center of enter- tures anyplace on Earth. Without our The PRESIDING OFFICER. The tainment and the arts, Las Vegas, NV, help, many of these creatures could clerk will call the roll. enjoys an incredible atmosphere of disappear within a generation. The assistant legislative clerk pro- music and theatre. Eileen Hayes de- I also wish to draw attention to the ceeded to call the roll. sired to add the immense impact of opera to this reputation and realized efforts of Senators MERKLEY and KYL Mr. DURBIN. Mr. President, I ask today to clear an important bill that unanimous consent that the order for her goal with the foundation of the Ne- will end the appalling practice of ani- the quorum call be rescinded. vada Opera Theatre in October of 1985. mal crush videos. It is hard for me to The PRESIDING OFFICER. Without She brought opera music and perform- comprehend what some people do. They objection, it is so ordered. ance to southern Nevada. Her work has torture animals and take pictures of been instrumental, and since the first them and sometimes sell those pic- f performance in August of 1986, audi- tures. There are people sick enough to ences have been captivated by produc- UNANIMOUS CONSENT tions including: La Boheme, La want to watch a little animal or a big AGREEMENT—S.J. RES. 39 animal be crushed and killed. They call Traviata, Tosca and Die Fledermaus, them animal crush videos. The law we Mr. DURBIN. Mr. President, I ask to name a few. passed in 1999 outlawing these videos unanimous consent that on Wednesday, The theatre continues on today as was struck down by the Supreme Court September 29, at 10 a.m., the Repub- the major nonprofit opera company in in April of this year. Senators KYL and lican leader or his designee be recog- southern Nevada. Comprised of Nevada MERKLEY have worked to write a more nized to move to proceed to the consid- Opera Theatre artists, chorus, and chil- narrowly tailored bill that respects the eration of S.J. Res. 39, a joint resolu- dren’s chorus and orchestra, member- first amendment while still punishing tion providing for Congress’s dis- ship surpasses 120. Many of the in- those who seek to profit from the tor- approval under chapter 8 of title 5 cluded artists are nationally and inter- ture of puppies, kittens, and other United States Code of the rule relating nationally recognized, while others are helpless animals. to the status as a grandfathered health talented regional and local performers. As I understand it, the Supreme plan under the Patient Protection and All artists exude an excellent caliber Court said you can’t stop people from Affordable Care Act; that there be 2 or professionalism in the development buying these videos to watch. But we hours of debate on the motion to pro- of their craft. can stop people from doing these ter- ceed, with the time equally divided and As I have previously mentioned, rible things that people want to watch. controlled between the leaders or their these citizen performers not only en- I hope we can work these out and designees; that upon the use or yield- tertain. Opera Outreach has performed pass these by unanimous consent. Why ing back of time, the Senate proceed to for over 115,000 Clark County School do we need debate on these issues? vote on the adoption of the motion to District and private students, touching These are good bipartisan bills that de- proceed; that if the motion is success- a great many lives in the ongoing edu- serve to be passed. ful, then there be 1 hour of debate with cation of our youth. Everyone is in- I suggest the absence of a quorum. respect to the joint resolution, with vited to participate by either joining The PRESIDING OFFICER. The the time divided as specified above; the theatre or becoming a patron, mak- clerk will call the roll. that upon the use or yielding back of ing the education all the more tan- The legislative clerk proceeded to time, the joint resolution be read a gible. Outreach encompasses not only call the roll. third time and the Senate then proceed programs in the schools but additional Mr. REID. Mr. President, I ask unan- to vote on passage of the joint resolu- programming in local malls, hospices, imous consent that the order for the tion; provided further that if the mo- hospitals, and for civic and community quorum call be rescinded. tion to proceed to the joint resolution organizations. The PRESIDING OFFICER. Without is defeated, that no further motion to I join with my fellow Nevadans in objection, it is so ordered. proceed to the joint resolution be in honoring the Nevada Opera Theatre for Mr. REID. Mr. President, I have a order for the remainder of this Con- its 25 years of service. Now well into its number of unanimous consent requests gress; further, that no amendments or third decade, this institution has that I am going to ask. But I have been any other motions be in order to the worked to bring a knowledge and ap- told the Republicans want to look a joint resolution, and that all other pro- preciation of music to the people of few of these over, and I have no prob- visions of the statute governing consid- southern Nevada, and I have no doubt lem with that. I can do it later tonight eration of the joint resolution remain that it will continue to do so for years or tomorrow sometime. These are im- in effect. to come. I am grateful and honored to portant issues. I have given a brief syn- The PRESIDING OFFICER. Without recognize the 25th anniversary of the opsis of some of the awful things going objection, it is so ordered. Nevada Opera Theatre.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7606 CONGRESSIONAL RECORD — SENATE September 28, 2010 TRIBUTE TO JUDGE JOHN cures a safe and permanent home for lawyers universally all took the side of slav- MENDOZA that child. ery.’’ I am deeply grateful for the work Well, almost all. I am interested in under- Mr. REID. Mr. President, I rise before standing how a society, and particularly the the Senate today to call attention to performed by CASA and its many vol- legal establishment of 1850s Boston, was one of Nevada’s finest advocacy pro- unteers. The chance to advocate on be- transformed from the beginning of the dec- grams. This year marks the 30th Anni- half of someone in need is the greatest ade when Daniel Webster said ‘‘no lawyer versary of the Court Appointed Special opportunity afforded to those who who makes more than $40 a year is against Advocate Program, CASA. In Clark serve in our legal system. I stand be- the Fugitive Slave Law,’’ to the end of the County, NV, the CASA program be- fore the Senate today and thank the decade when lawyers literally went to war came a reality as a direct result of the CASA program and Judge Mendoza for against it. these 30 years of remarkable service. My window on that time, curiously efforts of Judge John F. Mendoza. enough, opened when I saw a portrait of a Today I ask my colleagues to join with f lawyer of that period. me in applauding the noble deeds per- TRIBUTE TO CHIEF JUSTICE JEFF So this day, for many reasons, has prompt- ed me to look to a future as far removed formed by Judge Mendoza and the AMESTOY CASA Program. from us today as the Boston of 1850. A cen- Born and raised in Las Vegas, NV, Mr. LEAHY. Mr. President, this sum- tury from now when each of us will be some- John received his juris doctor degree mer, Marcelle and I were honored to be one’s memory, there will be, I trust, remem- from the University of Notre Dame in at the Vermont Supreme Court with brances of things past. former Supreme Court Justice Jeff In some building if not this one, there will 1952. After returning to Nevada, he be a wall where portraits of forgotten Chief eventually served as Clark County dis- Amestoy, his wife Susan, and their Justices still hang—or where an enterprising trict attorney, North Las Vegas city daughters. Like all Vermonters, I have curator has retrieved old paintings and arti- attorney, and Justice of the Peace of respected his tenure, both as attorney facts for an exhibit of our times. Las Vegas Township. His Honor was general and as chief justice, as both And on some class field trip (for those will elected to district court judge of the were exemplary. While the portrait always be with us), among a group of very State of Nevada, a position he held for captures the image of the Jeff Amestoy bored students, there may be (if the world is 24 years. Judge Mendoza served as the his friends honor and care for, his lucky to still have teachers as inspiring as Mrs. Amestoy), a bright, curious student who president of the National Council of words are what should be read by ev- will pause in front of this painting. Juvenile and Family Court Judges. eryone who cares about our judiciary. She will not, of course, recognize its sub- During his career, Judge Mendoza Jeff’s commitment to the law, our jus- ject, but as she looks through the window in recognized the desperate need for tice system, and our sense of what the portrait, she will see Mt. Mansfield. And skilled and timely decisionmaking in makes Vermont the State we love is in the window of the painting will begin to open the lives of abused, neglected and aban- his words. They were so impressive I for her a window on our time. doned children, not only in Nevada but asked him for a copy, and I ask unani- Our young historian will immerse herself across the country. He used his knowl- in the flood of newspapers, opinions, and mous consent that they be printed in books of those long ago days at the begin- edge, passion, and energy to educate the RECORD. ning of the twenty-first century. On the and extract a level of excellence when There being no objection, the mate- basis of the documentation and her own in- dealing with caseworkers, parents and rial was ordered to be printed in the sight, she will attempt to bring to life the court proceedings in regard to appro- RECORD, as follows: color and passion when the social changes priate needs evaluation and placement. REMARKS OF CHIEF JUSTICE JEFF AMESTOY were so profound that even on our own time He demanded a clear vision of roles and (RETIRED) AT PORTRAIT CEREMONY scholars characterized the upheaval as ‘‘The Great Disruption.’’ procedures. He held caseworkers re- VERMONT SUPREME COURT sponsible to the children they rep- If our young scholar has had a history (Montpelier, VT, Aug. 13, 2010) teacher as good as Mr. Remington, she will resented and answerable to the court Governor Douglas, Senator Leahy, Chief know she cannot rely on a single perspective. for decisions they made. Justice Reiber, family and friends: (In any event, my autobiography, The Indis- Judge Mendoza recognized the lack of Thank you for the honor you do me by at- pensable Man, will long be out of print). But quality in the court process and did not tending this ceremony. Thank you Justice our future historian will be struck, as many tolerate the unfortunate delays in Burgess for your generous introductory re- historians have been, by the dispropor- court hearing dates which often re- marks. Brian Burgess served as Deputy At- tionate impact Vermont has had on Amer- sulted in children literally growing up torney General when I was Attorney Gen- ican history. She will not lack in material without permanent homes. As a result, eral. I doubt that either of us could have looking back at our time. foreseen this day but here we are together One Vermont Senator whose unparalleled Judge Mendoza championed national again. History may not repeat itself, but it leadership of the Senate Judiciary Com- guidelines for improving court prac- sometimes rhymes. mittee, and pivotal endorsement of Amer- tices in child protective cases. He Thank you Kenneth McIntosh Daly—artist, ica’s first African-American President, will helped to establish methods for moni- rancher, and friend who has once again made echo down the halls of history; another toring court schedules to prevent un- the trip from California to Vermont. whose rejection of the narrow partisanship of necessary delays and to control con- And thank you to my daughters Katherine, his party realigned the political balance of tinuances. He urged competent rep- Christina, and Nancy for the unveiling. the . A Governor whose resentation thru the CASA and guard- This September I begin my seventh year as candidacy for the Presidency altered the na- a Fellow at the Harvard Kennedy School ture of presidential campaigns; another ian ad litem programs. Through his nearly as long as I served on the Supreme whose exemplary service at the beginning of tireless efforts, family courts began to Court of Vermont. the twenty-first century reflected the vir- take into account not only the chil- For those of you wondering how a Harvard tues Vermont’s eighteenth century constitu- dren’s safety but also the emotional Fellow spends his time, I can say I have tion calls ‘‘absolutely necessary . . . the firm impact of separation. spent the better part of the last two years adherence to justice, moderation, temper- A lifetime of dedication to the rights living in the nineteenth century—more pre- ance, industry, and frugality.’’ of the children of Nevada and beyond cisely in the Boston of the decade before the Our historian will read of an opinion of the has resulted in a national program that Civil War. Vermont Supreme Court that framed a de- It was a time when a young man working bate for a nation. And of the people of engages volunteers to be a voice for ne- as a waiter in a coffee house, or a clerk in a Vermont who demonstrated what the result glected and abused children. Each clothing store, could be seized by agents of is when that debate is conducted with re- CASA volunteer in turn has an oppor- the United States Government, brought be- spect and resolved in humanity. tunity to walk in the footsteps of fore a Judge, and under the provisions of the If the Vermont of the twenty-second cen- Judge John Mendoza in making a new Fugitive Slave Law (where no process tury is as blessed as ours, there will still be meaningful and constructive dif- was due), be sent back into slavery. a justice system that ‘‘speaks for principle ference. Those footsteps lead to pro- Contrary to what I thought I knew about and listens for change.’’ Just as the Commis- tecting and preserving the rights and American history, Boston in the period lead- sion on the Future of Vermont’s Justice Sys- ing up to the Civil War, was in the words of tem envisioned when on the eve of the twen- interests of children who are unsafe in Charles Francis Adams, Jr., ‘‘almost avow- ty-first century a new Chief Justice wrote: their own homes; to insuring that all edly a proslavery community.’’ ‘‘It was a ‘‘if the future is realized in the way every aspects of the family court system per- time’’ wrote Emerson, ‘‘when judges, bank member of the Commission devoutly wishes form in a child’s best interest and se- presidents, railroad men, men of fashion, and it to be, a century hence our successors will

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7607 hear these fundamental principles resonate Responsible businesses that put safe- Victims of retaliation should not suffer as clearly as we hear them resonate today.’’ ty first shouldn’t have to compete with the double indignity of being ignored I am optimistic about that future. How businesses that prioritize a quick buck by government officials charged with could I not be with these daughters? over the safety of their employees; protecting them. This portrait (assuming, of course, it is ac- tually hung) may gather dust well into the Employers who put workers’ lives at The bill also makes critical changes next century. As school field trips will en- risk should face serious consequences in our mine safety laws. We still don’t dure, I am confident that so too will the that will force them to change their know exactly what caused the tragic duty of new law clerks to conduct students ways; death of 29 miners at Upper Big on tours. Companies shouldn’t be able to hide Branch, but we do know that the mine To the question: ‘‘Who is that in the paint- behind high priced lawyers and con- had an appalling safety record, and ing?’’ I trust that current and future clerks voluted corporate forms to avoid being that the tragedy might have been pre- will always know the answer is: ‘‘A held accountable for their actions; vented had the Mine Safety Health Ad- Vermonter.’’ Critical agencies charged with pro- ministration, MSHA, had effective f tecting workers’ lives should have all tools to target such a chronically un- ROBERT C. BYRD MINE AND the tools they need to get the job done; safe mine. WORKPLACE SAFETY ACT and We have provisions in our laws that Whistleblowers are the first line of are supposed to target repeat offend- Mr. HARKIN. Mr. President, I rise to defense in safe workplaces, and deserve ers—called the ‘‘pattern of violations’’ express my strong support for the Rob- strong protection from discrimination process—but this system is broken and ert C. Byrd Mine and Workplace Safety and retaliation. badly needs to be revamped. Act. This bill establishes vital new While there may be many ways to As bad as Upper Big Branch’s record workplace safety measures and it de- achieve these goals, the Robert C. Byrd was, the law has been interpreted to serves consideration here on the Sen- Mine and Workplace Safety Act clearly allow it to continue operating without ate floor. reflects these core principles, and its ‘‘pattern of violation’’ treatment as In 2009, there were 4,340 workplace fa- passage would be a major step forward long as its operators can reduce their talities. In my home State of Iowa, 78 for workplace safety. That is why I am violations by more than one third in people were killed on the job. This proud to be a cosponsor of the bill, and response to a written warning. With a year, we have already witnessed the that is why I would ask my Republican record as spotty as Upper Big Branch’s, horrific mine catastrophe that killed 29 colleagues to give us an opportunity to a partial reduction in its numerous ci- people in West Virginia, the fire at the debate this legislation on the floor. tations is hardly a sign of a safe mine, Tesoro oil refinery in Washington This legislation makes common and it should not be a ‘‘get out of jail State that killed 7 workers, and the BP sense reforms to the Occupational free’’ card to escape the intent of the Deepwater Horizon platform explosion Safety and Health Act, which has not law. that killed 11 people and was an envi- been significantly updated since it was Operators are also finding creative ronmental catastrophe for the Gulf of passed 40 years ago. For example, whis- ways to ensure that the system cannot Mexico. tleblower protection under the act is work as Congress intended. Some As the son of a coal miner, I feel toothless and unfairly tilted against chronic violators have avoided being these losses very deeply, on a very per- workers who risk their career to pro- placed on ‘‘pattern of violation’’ status sonal level. My heart goes out to the tect the public welfare. This bill makes and avoided paying legitimate pen- family and coworkers of every worker essential changes to ensure that work- alties by contesting nearly every cita- who is killed or injured on the job. Too ers are protected, including length- tion that is assessed against them. Be- many of these tragedies are prevent- ening OSHA’s 30-day statute of limita- cause MSHA uses only final orders to able, and we should not rest until the tion for whistleblowers, providing for establish a pattern of violations and day that no hardworking American has reinstatement while the legal process there is a substantial backlog of cases to sacrifice his or her life for a pay- unfolds for cases with an initial finding the Federal Mine Safety and Health check. of merit, and giving the worker the Review Commission, repeat offenders History teaches us that stronger laws right to file their own claim in court if are able to evade pattern of violations protecting worker safety make a big the government does not investigate status by contesting large numbers of difference, but our current laws are not the claim in a timely manner. violations. At the Upper Big Branch doing the job. That is why I strongly The bill also strengthens criminal coal mine, for example, Massey con- support the Robert C. Byrd Mine and and civil penalties that, at present, are tested 97 percent of its ‘‘significant and Workplace Safety Act, which would too weak to protect workers. Under substantial’’ violations in 2007. These make long overdue improvements to current law, an employer may be appeals can take up to three years to our workplace safety laws and save the charged—at most—with a misdemeanor resolve, virtually guaranteeing that lives of many thousands of hard- when a willful violation of OSHA leads mines are never placed on pattern sta- working Americans. to a worker’s death. Under the Robert tus. For months, we have been negoti- C. Byrd Mine and Workplace Safety MSHA needs to be able to respond to ating with Republicans trying to agree Act, felony charges are available for an safety concerns in real time, not 3 to a bipartisan bill that improves employer’s repeated and willful viola- years later. This legislation changes workplace safety. I think it is fair to tions of OSHA that result in a worker’s the pattern of violation system so that say there have been setbacks in our death or serious injury. The bill also MSHA will be able to address unsafe discussions recently, but we want and updates OSHA civil penalties, which conditions as they occur, and gives intend to keep working with our Re- have been unchanged since 1990, and MSHA the enforcement tools it needs publican colleagues to craft a bipar- sets a minimum penalty of $50,000 for a to put dangerous mines back on track. tisan bill—in this Congress or early in worker’s death caused by a willful vio- Let me respond to recent suggestions the next—that we can get to the Presi- lation. that Democrats have been playing po- dent’s desk. In addition to toughening sanctions litical theatre with important safety This has been a long and difficult for employers who needlessly expose and health legislation. We want to pass process as we try to reconcile policy their employees to risk, the bill makes bipartisan legislation based on a shared differences between Democrats and Re- sure that the government is responsive commitment to workplace safety. I am publicans on these important issues. to the worker when investigating the thoroughly committed to that process, Nevertheless, we will keep working to charges. It guarantees victims the and I hope it continues. But we will not bridge those differences because it is right to meet with the person inves- support weak or ineffective reforms in critical that we find a way to agree on tigating the claim, to be notified of and the name of bipartisanship. legislation that is consistent with cer- receive copies of reports or citations Workplace accidents—whether in a tain core principles: issued in the investigation, and to be mine, an oil refinery, or wherever—are Every American deserves to go to notified of and have the right to appear preventable. All we are asking for is an work without fearing for his or her life; at proceedings related to their case. opportunity to debate, amend, and vote

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7608 CONGRESSIONAL RECORD — SENATE September 28, 2010 on a bill that will make real progress grams, rapid increase in membership, CARF, Commission on Accreditation of in improving the safety of our most and high percentage of cadet progres- Rehabilitation Facilities, AAMR, dangerous workplaces. If we are not al- sion through the program. American Association on Mental Re- lowed that opportunity today, I plan to Communities across Colorado and the tardation, Maryland Works, Baltimore keep pressing forward on this issue country have come to depend on the City Mayor’s Commission on Disabil- until we get that chance. It is far too Civil Air Patrol in times of emergency ities, Developmental Disabilities Coun- important, and too many lives are at for search and rescue expertise, but cil, Baltimore County Workforce In- stake, to give up now. CAP’s development and education of vestment Council, and the Baltimore f young leaders is equally important. County Commission on Disabilities. He The Broomfield Composite Squadron’s is a frequent lecturer, consultant, and ADDITIONAL STATEMENTS success in this area, and its recognition advisor to numerous provider agencies, as the best in the country, means that advocacy groups, associations, and gov- ernment entities. During his tenure as HAWAII BLUE RIBBON SCHOOLS Colorado is especially lucky to have so many young people willing to serve president and chief executive officer, ∑ Mr. AKAKA. Mr. President, today I their community, learn about aero- Chimes has become nationally and congratulate three Hawaii schools for space technology, and prepare for their internationally recognized as a pro- being recognized as Blue Ribbon futures. vider of services and jobs for those with Schools for 2010 by the U.S. Depart- All of Colorado is proud and grateful disabilities. ment of Education. These schools, Ewa for the Broomfield Composite Squad- I hope my colleagues will join me in Beach Elementary School, Momilani ron’s commitment to serving as a thanking Terry Allen Perl for his 40 Elementary School, and Royal School, model for CAP squadrons across the years of dedicated service to the serve as models of success and accom- country.∑ Chimes Family of Services organiza- plishment. tion and for his outstanding contribu- f The Blue Ribbon Schools Program tions to improving the lives of people honors public and private elementary, TRIBUTE TO TERRY ALLEN PERL with disabilities and their families and middle, and high schools whose stu- ∑ Mr. CARDIN. Mr. President, I would communities in Maryland, throughout dents achieve at very high levels or like my colleagues to join me today in our Nation, and in .∑ have made significant progress and honoring the work of Terry Allen Perl, f helped close gaps in achievement, espe- who has served the Chimes Family of BALTIMORE JOB OPPORTUNITIES cially among disadvantaged and minor- Services for 40 years. TASK FORCE ity students. The Chimes Family of Services is an ∑ The program is part of a larger De- international agency delivering a wide Mr. CARDIN. Mr. President, I en- partment of Education effort to iden- variety of support to more than 17,000 courage my colleagues to join me in tify and disseminate knowledge about people. Chimes offers an extensive paying special tribute to the Job Op- best school leadership and teaching range of services from educational portunities Task Force, JOTF, an inde- practices. services to residential support and psy- pendent advocacy and monitoring orga- I wish to extend my aloha to the chiatric services. It serves people of all nization in Baltimore, MD, that is cele- brating 10 years of service. principals: Sherry Lee Kobayashi of ages and varying levels of ability, pro- JOTF was begun in 1996 by a handful Ewa Beach, Doreen Higa of Momilani, viding assistance to people with devel- of people who were concerned about job and Ann Sugibayashi of Royal. As a opmental disabilities, mental illness, opportunities for low-skilled job seek- former principal, I know firsthand the and other specialized needs. It offers an ers in the Baltimore area. They called dedication that goes into leading important support network to people themselves the Job Opportunities Task schools and staffs, and I commend with disabilities and their families as Force, and they hoped they could help them for their hard work on behalf of they work to achieve their goals, aspi- unemployed and underemployed men their students and communities. I also rations, and dreams. and women. They had a short-term commend the students, families, teach- Terry Allen Perl started his career goal, which was to come up with ideas ers, and staff of all three schools for with Chimes, Inc. in January of 1971. and recommendations that would their contributions towards this rec- He was the first director of a commu- break down barriers to better employ- ognition. nity-based residential facility in the ment and to bring private and public I am proud of all that our keiki, the State of Maryland for people with in- partners together to implement these children, can accomplish when they are tellectual disabilities. His vision and changes. given access to quality education. My leadership over the intervening years In 1997, the Abell Foundation gave sincere mahalo, thanks, again, to Ewa have led to the extraordinary success JOTF a grant to prepare a report on Beach Elementary School, Momilani of the organization as he has helped to the job gap that would present detailed Elementary School, and Royal School expand its educational, habilitation, information about what types of jobs for their efforts to give our students employment, vocational, residential, were available in the Baltimore region, the best education possible. I offer my and support services. where they were located, what they congratulations to all 2010 Blue Ribbon Under Mr. Perl’s leadership, Chimes paid, what levels of education and Schools nationwide and my sincere has moved from being a provider of skills were required, and where the po- wishes for success in their futures.∑ services to one of the largest contrac- tential workers were. The report, enti- f tors employing people with disabilities. tled ‘‘Baltimore Area Jobs and Low Chimes provides janitorial and facility Skill Job Seekers,’’ was published in BROOMFIELD COMPOSITE services for the U.S. Government and SQUADRON l999 and revealed many gaps between for the State of Maryland. the workforce and the jobs that were ∑ Mr. BENNET. Mr. President, I con- Under Mr. Perl’s guidance, Chimes available—far too many impediments gratulate the Broomfield Composite has expanded from serving 200 people in to be solved with a few meetings. Squadron for being named the 2010 the Baltimore area to more than 17,000 Since its incorporation in 2000, JOTF Civil Air Patrol Squadron of Distinc- people from North Carolina, Virginia, has become a leading voice on work- tion. This honor speaks to the dedica- Maryland, Delaware, Pennsylvania, force issues in Maryland, supporting a tion and hard work of each cadet and , the District of Columbia, range of State policy initiatives and senior member, as well as the squad- and the State of Israel. budget decisions, including increased ron’s leadership in providing out- Mr. Pearl has received numerous investment in adult education and job standing programs and recruitment. awards and honors in recognition of his training in communities and in pris- The Broomfield Composite Squadron innovative and pioneering programs. ons. JOTF has lobbied to expand the was selected as the squadron with the He has been a leader and member of nu- earned income tax credit, reduce bar- best performance from all 50 States, merous professional organizations in- riers to (re)employment for ex-offend- the District of Columbia, and Puerto cluding: ANCOR, American Network of ers, and reform unemployment insur- Rico for its excellence in cadet pro- Community Options and Resources, ance.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7609 JOTF designs programs that create In addition to academic programs, fans of Boston, and letting us say good- viable career paths for low-wage work- students also participate in service bye to him one last time at the 1999 All ers, helping them reach higher wage work to aid people in South Dakota Star Game in Boston when—on the jobs in industries that need more and around the world. Recent mission Fenway mound—he was surrounded by skilled workers. A good example of trip locations have included Tanzania the great players of the 20th century JOTF’s success is JumpStart, a pre-ap- and Mexico, where students served who were in awe of our own ‘Splendid prenticeship program created and man- those living in extreme poverty. Splinter.’ It was one final moment of aged by JOTF that trains 100 low-wage Through the Leadership and Public magic in a career—and life—seemingly Baltimore residents each year to be- Service Program, students have the op- ripped from a story-book. come licensed electricians, plumbers, portunity to study contemporary But it was that last home run that or carpenters. JOTF also convenes pub- issues and perform public service John Updike remembers in the extraor- lic meetings on local and national top- through internship placements. Such dinary ‘‘Hub Fans Bid Kid Adieu,’’ an ics related to employment and the broad educational opportunities pro- essay that captures the greatness of workforce. These meetings attract em- vided by DWU help students explore Ted Williams far better than any of us ployers, policymakers, interested citi- citizenry locally and internationally. could—and still today, 50 years later, zens, and direct service providers. On Saturday, October 2, 2010, DWU speaks to the Red Sox faithful, and JOTF’s research informs policymakers will celebrate its Blue and White Bash baseball fans across the country. I ask and the public and encourages the de- at the Corn Palace in Mitchell, SD. Da- to have this essay printed in the velopment of programs based on best kota Wesleyan University has provided RECORD, and I thank the Senate for practices. It explores the impact of spe- our State quality education and a posi- taking time today to remember an cific policies and provides rec- tive social environment. DWU students American icon—Boston’s own Ted Wil- ommendations on how policies can bet- are well equipped to succeed in a com- liams. ter serve workers, families, employers, petitive world, delivering countless HUB FANS BID KID ADIEU and the State’s economy. benefits to organizations and commu- (By John Updike) JOTF is making a significant dif- nities close to home and around the Fenway Park, in Boston, is a lyric little ference in Maryland. I urge my col- globe. With alumni as accomplished as bandbox of a ballpark. Everything is painted leagues to join me today in congratu- former U.S. Senator George McGovern green and seems in curiously sharp focus, lating JOTF’s founding chair, Joanne and his wife Eleanor McGovern, DWU like the inside of an old-fashioned peeping- Nathans, whose gentle nature and type Easter egg. It was built in 1912 and re- continues to live up to its mission of built in 1934, and offers, as do most Boston steely convictions have improved the being ‘‘a leading university that edu- lives of countless Baltimoreans and artifacts, a compromise between Man’s Eu- cates students to identify and develop clidean determinations and Nature’s beguil- their families. Please join me in send- their individual talents for successful ing irregularities. Its right field is one of the ing best wishes to JOTF on the occa- lives in service to God and the common deepest in the American League, while its sion of its 10th anniversary and in good.’’∑ left field is the shortest; the high left-field thanking JOTF for improving the lives wall, three hundred and fifteen feet from of Maryland job seekers, workers, and f home plate along the foul line, virtually their families.∑ REMEMBERING TED WILLIAMS thrusts its surface at right-handed hitters. ∑ On the afternoon of Wednesday, September f Mr. KERRY. Mr. President, baseball 28th, as I took a seat behind third base, a DAKOTA WESLEYAN UNIVERSITY celebrates ‘‘walk off’’ home runs, the uniformed groundkeeper was treading the four baggers that bring a game to an ∑ Mr. JOHNSON. Mr. President, today top of this wall, picking batting-practice end. But 50 years ago today, the great- home runs out of the screen, like a mush- I wish to celebrate the 125th anniver- est hitter who ever lived, No. 9, Ted room gatherer seen in Wordsworthian per- sary of the founding of Dakota Wes- Williams, hit the ultimate ‘‘walk off’’ spective on the verge of a cliff. The day was leyan University, DWU, in Mitchell, homer. After 21 seasons with our Red overcast, chill, and uninspirational. The Bos- SD. DWU has provided a well-rounded ton team was the worst in twenty-seven sea- education that emphasizes learning, Sox, ‘‘The Kid’’ homered deep into sons. A jangling medley of incompetent leadership, faith, and service to its stu- right field in his very last at bat. At 42, youth and aging competence, the Red Sox dents since its founding 125 years ago. despite the toll of nagging injuries, were finishing in seventh place only because Graduates of the university have gone some of which dated back to his com- the Kansas City Athletics had locked them bat tours, Ted lofted the ball into the out of the cellar. They were scheduled to on to become great community and play the Baltimore Orioles, a much nimbler professional leaders. Today, under the right field bleachers, not all that far from the spot where he hit the longest blend of May and December, who had been leadership of President Robert Duffett, dumped from pennant contention a week be- DWU strives to connect its proud herit- homerun in the history of Fenway fore by the insatiable Yankees. I, and 10,453 age with its promising future. Park at 502 feet. To this day the record others, had shown up primarily because this In 1883, a group of Methodist settlers stands and the seat in those bleachers was the Red Sox’s last home game of the sea- received a charter to found the Dakota is memorialized in red. This home run son, and therefore the last time in all eter- Wesleyan University. DWU serves as might not have been the longest but it nity that their regular left fielder, known to the headlines as TED, KID, SPLINTER, the university for the Dakotas Con- was a fitting farewell to the game he loved so much—and excelled at like no THUMPER, TW, and, most cloyingly, MIS- ference of the United Methodist TER WONDERFUL, would play in Boston. Church. Soon after the university other. He was bigger than life. ‘‘WHAT WILL WE DO WITHOUT TED? HUB opened, Dakota Wesleyan students We revered Ted Williams for many FANS ASK’’ ran the headline on a newspaper demonstrated their success through reasons—for what he did on the field, being read by a bulb-nosed cigar smoker a their excellent oratorical skills. They and off of it as well. It was not just his few rows away. Williams’ retirement had participated in the Intercollegiate Ora- lifelong commitment to the Jimmy been announced, doubted (he had been torical Contest and won 5 of its first 11 Fund, but the selfless way he twice threatening retirement for years), confirmed competitions. This is just one of many walked away from baseball and served by Tom Yawkey, the Red Sox owner, and at last widely accepted as the sad but probable examples of DWU students’ ability to his country in uniform in World War II and in Korea where he was wingman to truth. He was forty-two and had redeemed excel. his abysmal season of 1959 with a—consid- With a student body just larger than another icon, John Glenn. He was a two ering his advanced age—fine one. He had 750 people, the university offers a very time American League Most Valuable been giving away his gloves and bats and had personalized experience. The university Player, boasted a career batting aver- grudgingly consented to a sentimental cere- is composed of three colleges: the Col- age of .344, an on base percentage of mony today. This was not necessarily his lege of Arts and Humanities, the Col- .551, lead the league in batting six last game; the Red Sox were scheduled to lege of Healthcare, Fitness and times, and hammered 521 home runs. travel to New York and wind up the season Ted Williams was guts and grit per- with three games there. Sciences, and the College of Leadership I arrived early. The Orioles were hitting and Public Service. These colleges sonified—and all of Red Sox Nation was fungos on the field. The day before, they had allow for students to pursue an edu- grateful for the special way he wel- spitefully smothered the Red Sox, 17–4, and cation in both liberal arts and profes- comed us into his hearts in his final neither their faces nor their drab gray vis- sional programs. years, at last tipping his cap to the iting-team uniforms seemed very gracious. I

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7610 CONGRESSIONAL RECORD — SENATE September 28, 2010 wondered who had invited them to the party. ways been Williams’ records first, the team By the time I went to college, near Boston, Between our heads and the lowering clouds a second, and the Sox non-winning record is the lesser stars Yawkey had assembled frenzied organ was thundering through, with proof enough of that. around Williams had faded, and his crafts- an appositeness perhaps accidental, ‘‘You There are answers to all this, of course. manship, his rigorous pride, had become maaaade me love you, I didn’t wanna do it, The fatal weakness of the great Sox slugging itself a kind of heroism. This brittle and I didn’t wanna do it . . .’’ teams was not-quite-good-enough pitching temperamental player developed an unex- The affair between Boston and Ted Wil- rather than Williams’ failure to hit a home pected quality of persistence. He was always liams has been no mere summer romance; it run every time he came to bat. Again, Wil- coming back—back from Korea, back from a has been a marriage, composed of spats, mu- liams’ depressing effect on his teammates broken collarbone, a shattered elbow, a tual disappointments, and, toward the end, a has never been proved. Despite ample coach- bruised heel, back from drastic bouts of flu mellowing hoard of shared memories. It falls ing to the contrary, most insisted that they and ptomaine poisoning. Hardly a season into three stages, which may be termed liked him. He has been generous with advice went by without some enfeebling mishap, yet Youth, Maturity, and Age; or Thesis, Antith- to any player who asked for it. In an increas- he always came back, and always looked like esis, and Synthesis; or Jason, Achilles, and ingly combative baseball atmosphere, he himself. The delicate mechanism of timing Nestor. continued to duck beanballs docilely. With and power seemed locked, shockproof, in First, there was the by now legendary umpires he was gracious to a fault. This some case outside his body. In addition to in- epoch when the young bridegroom came out courtesy itself annoyed his critics, whom juries, there were a heavily publicized di- of the West, announced ‘‘All I want out of there was no pleasing. And against the ten vorce, and the usual storms with the press, life is that when I walk down the street folks crucial games (the seven World Series games and the Williams Shift—the maneuver, cus- will say ‘There goes the greatest hitter who with the St. Louis Cardinals, the 1948 playoff tom-built by Lou Boudreau, of the Cleveland ever lived.’ ’’ The dowagers of local jour- with the Cleveland Indians, and the two- Indians, whereby three infielders were con- nalism attempted to give elementary deport- game series with the Yankees at the end of centrated on the right side of the infield, ment lessons to this child who spake as a the 1949 season, winning either one of which where a left-handed pull hitter like Williams god, and to their horror were themselves re- would have given the Red Sox the pennant) generally hits the ball. Williams could easily buked. Thus began the long exchange of that make up the Achilles’ heel of Williams’ have learned to punch singles through the backbiting, hat-flipping, booing, and spitting record, a mass of statistics can be set show- vacancy on his left and fattened his average that has distinguished Williams’ public rela- ing that day in and day out he was no slouch hugely. This was what Ty Cobb, the Einstein tions. The spitting incidents of 1957 and 1958 in the clutch. The correspondence columns of of average, told him to do. But the game had and the similar dockside courtesies that Wil- the Boston papers now and then suffer a changed since Cobb; Williams believed that liams has now and then extended to the sharp flurry of arithmetic on this score; in- his value to the club and to the game was as grandstand should be judged against this deed, for Williams to have distributed all his a slugger, so he went on pulling the ball, try- background: the left-field stands at Fenway hits so they did nobody else any good would ing to blast it through three men, and paid for twenty years have held a large number of constitute a feat of placement unparalleled the price of perhaps fifteen points of lifetime customers who have bought their way in pri- in the annals of selfishness. average. Like Ruth before him, he bought marily for the privilege of showering abuse Whatever residue of truth remains of the the occasional home run at the cost of many on Williams. Greatness necessarily attracts Finnegan charge those of us who love Wil- directed singles—a calculated sacrifice cer- debunkers, but in Williams’ case the hos- liams must transmute as best we can, in our tainly not, in the case of a hitter as average- tility has been systematic and unappeasable. own personal crucibles. My personal memo- minded as Williams, entirely selfish. His basic offense against the fans has been to ries of Williams begin when I was a boy in After a prime so harassed and hobbled, Wil- wish that they weren’t there. Seeking a per- Pennsylvania, with two last-place teams in liams was granted by the relenting fates a fectionist’s vacuum, he has quixotically de- to keep me company. For me, golden twilight. He became at the end of his sired to sever the game from the ground of ‘‘W’ms, lf’’ was a figment of the box scores career perhaps the best old hitter of the cen- paid spectatorship and publicity that sup- who always seemed to be going 3-for-5. He ra- tury. The dividing line came between the ports it. Hence his refusal to tip his cap to diated, from afar, the hard blue glow of high 1956 and the 1957 seasons. In September of the crowd or turn the other cheek to news- purpose. I remember listening over the radio the first year, he and Mickey Mantle were men. It has been a costly theory—it has to the All-Star Game of 1946, in which Wil- contending for the batting championship. probably cost him, among other evidences of liams hit two singles and two home runs, the Both were hitting around .350, and there was good will, two Most Valuable Player awards, second one off a Rip Sewell ‘‘blooper’’ pitch; no one else near them. The season ended which are voted by reporters—but he has it was like hitting a balloon out of the park. with a three-game series between the Yan- held to it from his rookie year on. While his I remember watching one of his home runs kees and the Sox, and, living in New York critics, oral and literary, remained beyond from the bleachers of Shibe Park; it went then, I went up to the Stadium. Williams the reach of his discipline, the opposing over the first baseman’s head and rose me- was slightly shy of the four hundred at-bats pitchers were accessible, and he spanked ticulously along a straight line and was still needed to qualify; the fear was expressed them to the tune of .406 in 1941. He slumped rising when it cleared the fence. The trajec- that the Yankee pitchers would walk him to to .356 in 1942 and went off to war. tory seemed qualitatively different from protect Mantle. Instead, they pitched to In 1946, Williams returned from three years anything anyone else might hit. For me, Wil- him—a wise decision. He looked terrible at as a Marine pilot to the second of his base- liams is the classic ballplayer of the game on the plate, tired and discouraged and uncon- ball avatars, that of Achilles, the hero of in- a hot August weekday, before a small crowd, vincing. He never looked very good to me in comparable prowess and beauty who never- when the only thing at stake is the tissue- the Stadium. (Last week, in Life, Williams, a theless was to be found sulking in his tent thin difference between a thing done well sportswriter himself now, wrote gloomily of while the Trojans (mostly Yankees) fought and a thing done ill. Baseball is a game of the Stadium, ‘‘There’s the bigness of it. through to the ships. Yawkey, a timber and the long season, of relentless and gradual There are those high stands and all those mining maharajah, had surrounded his cen- averaging-out. Irrelevance—since the ref- people smoking—and, of course, the shadows. tral jewel with many gems of slightly lesser erence point of most individual games is re- . . . It takes at least one series to get accus- water, such as Bobby Doerr, Dom DiMaggio, mote and statistical—always threatens its tomed to the Stadium and even then you’re Rudy York, Birdie Tebbetts, and Johnny interest, which can be maintained not by the not sure.’’) The final outcome in 1956 was Pesky. Throughout the late forties, the Red occasional heroics that sportswriters feed Mantle .353, Williams .345. Sox were the best paper team in baseball, yet upon but by players who always care; who The next year, I moved from New York to they had little three-dimensional to show for care, that is to say, about themselves and New England, and it made all the difference. it, and if this was a tragedy, Williams was their art. Insofar as the clutch hitter is not For in September of 1957, in the same situa- Hamlet. A succinct review of the indict- a sportswriter’s myth, he is a vulgarity, like tion, the story was reversed. Mantle finally ment—and a fair sample of appreciative a writer who writes only for money. It may hit .365; it was the best season of his career. sports-page prose—appeared the very day of be that, compared to managers’ dreams such But Williams, though sick and old, had run Williams’ valedictory, in a column by Huck as Joe DiMaggio and the always helpful Stan away from him. A bout of flu had laid him Finnegan in the Boston American (no senti- Musial, Williams is an icy star. But of all low in September. He emerged from his cave mentalist, Huck): team sports, baseball, with its graceful in the Hotel Somerset haggard but irresist- Williams’ career, in contrast [to Babe intermittences of action, its immense and ible; he hit four successive pinch-hit home Ruth’s] has been a series of failures except tranquil field sparsely settled with poised runs. ‘‘I feel terrible,’’ he confessed, ‘‘but for his averages. He flopped in the only men in white, its dispassionate mathematics, every time I take a swing at the ball it goes World Series he ever played in (1946) when he seems to me best suited to accommodate, out of the park.’’ He ended the season with batted only .200. He flopped in the playoff and be ornamented by, a loner. It is an essen- thirty-eight home runs and an average of game with Cleveland in 1948. He flopped in tially lonely game. No other player visible to .388, the highest in either league since his the final game of the 1949 season with the my generation has concentrated within him- own .406, and, coming from a decrepit man of pennant hinging on the outcome (Yanks 5, self so much of the sport’s poignance, has so thirty-nine, an even more supernal figure. Sox 3). He flopped in 1950 when he returned assiduously refined his natural skills, has so With eight or so of the ‘‘leg hits’’ that a to the lineup after a two-month absence and constantly brought to the plate that inten- younger man would have beaten out, it ruined the morale of a club that seemed pen- sity of competence that crowds the throat would have been .400. And the next year, Wil- nant-bound under Steve O’Neill. It has al- with joy. liams, who in 1949 and 1953 had lost batting

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7611 championships by decimal whiskers to sons for the four-plus seasons he lost to two cluster of men in overcoats were festering George Kell and Mickey Vernon, sneaked in wars, and add another season for the months like maggots. I could see a splinter of white behind his teammate Pete Runnels and he lost to injuries, we get a man who in all uniform, and Williams’ head, held at a self- filched his sixth title, a bargain at .328. the power totals would be second, and not a deprecating and evasive tilt. Williams’ con- In 1959, it seemed all over. The dinosaur very distant second, to Ruth. And if we fur- versational stance is that of a six-foot-three- thrashed around in the .200 swamp for the ther allow that these years would have been inch man under a six-foot ceiling. He moved first half of the season, and was even not merely average but prime years, if we away to the patter of flash bulbs, and began benched (‘‘rested,’’ Manager Mike Higgins allow for all the months when Williams was playing catch with a young Negro outfielder tactfully said). Old foes like the late Bill playing in sub-par condition, if we permit his named Willie Tasby. His arm, never very Cunningham began to offer batting tips. early and later years in baseball to be some powerful, had grown lax with the years, and Cunningham thought Williams was jiggling sort of index of what the middle years could his throwing motion was a kind of muscular his elbows; in truth, Williams’ neck was so have been, if we give him a right-field fence drawl. To catch the ball, he flicked his glove stiff he could hardly turn his head to look at that is not, like Fenway’s, one of the most hand onto his left shoulder (he batted left the pitcher. When he swung, it looked like a distant in the league, and if—the least excus- but threw right, as every schoolboy ought to Calder mobile with one thread cut; it re- able ‘‘if’’—we imagine him condescending to know) and let the ball plop into it comically. minded you that since 1953 Williams’ shoul- outsmart the Williams Shift, we can defen- This catch session with Tasby was the only ders had been wired together. A solicitous sibly assemble, like a colossus induced from time all afternoon I saw him grin. pall settled over the sports pages. In the two the sizable fragments that do remain, a sta- A tight little flock of human sparrows decades since Williams had come to Boston, tistical figure not incommensurate with his who, from the lambent and pampered pink of his status had imperceptibly shifted from grandiose ambition. From the statistics that their faces, could only have been Boston that of a naughty prodigy to that of a munic- are on the books, a good case can be made politicians moved toward the plate. The ipal monument. As his shadow in the record that in the combination of power and aver- loudspeakers mammothly coughed as some- books lengthened, the Red Sox teams around age Williams is first; nobody else ranks so one huffed on the microphone. The cere- him declined, and the entire American high in both categories. Finally, there is the monies began. Curt Gowdy, the Red Sox League seemed to be losing life and color to witness of the eyes; men whose memories go radio and television announcer, who sounds the National. The inconsistency of the new back to Shoeless Joe Jackson—another un- like everybody’s brother-in-law, delivered a superstars—Mantle, Colavito, and Kaline— lucky natural—rank him and Williams to- brief sermon, taking the two words ‘‘pride’’ served to make Williams appear all the more gether as the best-looking hitters they have and ‘‘champion’’ as his text. It began, singular. And off the field, his private phi- seen. It was for our last look that ten thou- ‘‘Twenty-one years ago, a skinny kid from lanthropy—in particular, his zealous chair- sand of us had come. San Diego, California . . .’’ and ended, ‘‘I manship of the Jimmy Fund, a charity for Two girls, one of them with pert buckteeth don’t think we’ll ever see another like him.’’ children with cancer—gave him a civic pres- and eyes as black as vest buttons, the other Robert Tibolt, chairman of the board of the ence somewhat like that of Richard Cardinal with white skin and flesh-colored hair, like Greater Boston Chamber of Commerce, pre- Cushing. In religion, Williams appears to be an underdeveloped photograph of a redhead, sented Williams with a big Paul Revere sil- a humanist, and a selective one at that, but came and sat on my right. On my other side ver bowl. Harry Carlson, a member of the he and the Cardinal, when their good works was one of those frowning, chestless young- sports committee of the Boston Chamber, intersect and they appear in the public eye old men who can frequently be seen, often gave him a plaque, whose inscription he did together, make a handsome and heartening wearing sailor hats, attending ball games not read in its entirety, out of deference to pair. alone. He did not once open his program but Williams’ distaste for this sort of fuss. Humiliated by his ’59 season, Williams de- instead tapped it, rolled up, on his knee as he Mayor Collins presented the Jimmy Fund termined, once more, to come back. I, as a gave the game his disconsolate attention. A with a thousand-dollar check. specimen Williams partisan, was both glad young lady, with freckles and a depressed, Then the occasion himself stooped to the and fearful. All baseball fans believe in mir- dainty nose that by an optical illusion microphone, and his voice sounded, after the acles; the question is, how many do you be- seemed to thrust her lips forward for a kiss, others, very Californian; it seemed to be lieve in? He looked like a ghost in spring sauntered down into the box seats and with coming, excellently amplified, from a great training. Manager Jurges warned us ahead of striking aplomb took a seat right behind the distance, adolescently young and as smooth time that if Williams didn’t come through he roof of the Oriole dugout. She wore a blue as a butternut. His thanks for the gifts had would be benched, just like anybody else. As coat with a Northeastern University emblem not died from our ears before he glided, as if it turned out, it was Jurges who was sewed to it. The girls beside me took it into helplessly, into ‘‘In spite of all the terrible benched. Williams entered the 1960 season their heads that this was Williams’ daughter. things that have been said about me by the needing eight home runs to have a lifetime She looked too old to me, and why would she maestros of the keyboard up there . . .’’ He total of 500; after one time at bat in Wash- be sitting behind the visitors’ dugout? On glanced up at the press rows suspended above ington, he needed seven. For a stretch, he the other hand, from the way she sat there, home plate. (All the Boston reporters, inci- was hitting a home run every second game staring at the sky and French-inhaling, she dentally, reported the phrase as ‘‘knights of that he played. He passed Lou Gehrig’s life- clearly was somebody. Other fans came and the keyboard,’’ but I heard it as ‘‘maestros’’ time total, then the number 500, then Mel eclipsed her from view. The crowd looked and prefer it that way.) The crowd tittered, Ott’s total, and finished with 521, thirteen less like a weekday ballpark crowd than like appalled. A frightful vision flashed upon me, behind Jimmy Foxx, who alone stands be- the folks you might find in Yellowstone Na- of the press gallery pelting Williams with tween Williams and Babe Ruth’s tional Park, or emerging from automobiles erasers, of Williams clambering up the foul unapproachable 714. The summer was a stat- at the top of scenic Mount Mansfield. There screen to slug journalists, of a riot, of Mayor istician’s picnic. His two-thousandth walk were a lot of competitively well-dressed cou- Collins being crushed. ‘‘. . . And they were came and went, his eighteen-hundredth run ples of tourist age, and not a few babes in terrible things,’’ Williams insisted, with batted in, his sixteenth All-Star Game. At arms. A row of five seats in front of me was level melancholy, into the mike. ‘‘I’d like to one point, he hit a home run off a pitcher, abruptly filled with a woman and four chil- forget them, but I can’t.’’ He paused, swal- Don Lee, off whose father, Thornton Lee, he dren, the youngest of them two years old, if lowed his memories, and went on, ‘‘I want to had hit a home run a generation before. The that. Someday, presumably, he could tell his say that my years in Boston have been the only comparable season for a forty-two-year- grandchildren that he saw Williams play. greatest thing in my life.’’ The crowd, like old man was Ty Cobb’s in 1928. Cobb batted Along with these tots and second- an immense sail going limp in a change of .323 and hit one homer. Williams batted .316 honeymooners, there were Harvard fresh- wind, sighed with relief. Taking all the parts but hit twenty-nine homers. men, giving off that peculiar nervous glow himself, Williams then acted out a vivacious In sum, though generally conceded to be created when a quantity of insouciance is little morality drama in which an imaginary the greatest hitter of his era, he did not es- saturated with insecurity; thick-necked tempter came to him at the beginning of his tablish himself as ‘‘the greatest hitter who Army officers with brass on their shoulders career and said, ‘‘Ted, you can play any- ever lived.’’ Cobb, for average, and Ruth, for and lead in their voices; pepperings of where you like.’’ Leaping nimbly into the power, remain supreme. Cobb, Rogers priests; perfumed bouquets of Roxbury Fa- role of his younger self (who in biographical Hornsby, Joe Jackson, and Lefty O’Doul, bian fans; shiny salesmen from Albany and actuality had yearned to be a Yankee), Wil- among players since 1900, have higher life- Fall River; and those gray, hoarse men— liams gallantly chose Boston over all the time averages than Williams’ .344. Unlike taxidrivers, slaughterers, and bartenders other cities, and told us that Tom Yawkey Foxx, Gehrig, Hack Wilson, Hank Greenberg, who will continue to click through the turn- was the greatest owner in baseball and we and Ralph Kiner, Williams never came close stiles long after everyone else has deserted were the greatest fans. We applauded our- to matching Babe Ruth’s season home-run to television and tramporamas. Behind me, selves heartily. The umpire came out and total of sixty. In the list of major-league bat- two young male voices blossomed, cracking a dusted the plate. The voice of doom an- ting records, not one is held by Williams. He joke about God’s five proofs that Thomas nounced over the loudspeakers that after is second in walks drawn, third in home Aquinas exists—typical Boston College lev- Williams’ retirement his uniform number, 9, runs, fifth in lifetime averages, sixth in runs ity. would be permanently retired—the first time batted in, eighth in runs scored and in total The batting cage was trundled away. The the Red Sox had so honored a player. We bases, fourteenth in doubles, and thirtieth in Orioles fluttered to the sidelines. Diagonally cheered. The national anthem was played. hits. But if we allow him merely average sea- across the field, by the Red Sox dugout, a We cheered. The game began.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7612 CONGRESSIONAL RECORD — SENATE September 28, 2010 Williams was third in the batting order, so having a familiar Leonardo appear in a shuf- cap. Though we thumped, wept, and chanted he came up in the bottom of the first inning, fle of Saturday Evening Post covers. This ‘‘We want Ted’’ for minutes after he hid in and Steve Barber, a young pitcher who was man, you realized—and here, perhaps, was the dugout, he did not come back. Our noise not yet born when Williams began playing the difference, greater than the difference in for some seconds passed beyond excitement for the Red Sox, offered him four pitches, at gifts—really intended to hit the ball. In the into a kind of immense open anguish, a wail- all of which he disdained to swing, since third inning, he hoisted a high fly to deep ing, a cry to be saved. But immortality is none of them were within the strike zone. center. In the fifth, we thought he had it; he nontransferable. The papers said that the This demonstrated simultaneously that Wil- smacked the ball hard and high into the other players, and even the umpires on the liams’ eyes were razor-sharp and that Bar- heart of his power zone, but the deep right field, begged him to come out and acknowl- ber’s control wasn’t. Shortly, the bases were field in Fenway and the heavy air and a cas- edge us in some way, but he never had and full, with Williams on second. ‘‘Oh, I hope he ual east wind defeated him. The ball died. Al did not now. Gods do not answer letters. gets held up at third! That would be wonder- Pilarcik leaned his back against the big Every true story has an anticlimax. The ful,’’ the girl beside me moaned, and, sure ‘‘380’’ painted on the right-field wall and men on the field refused to disappear, as enough, the man at bat walked and Williams caught it. On another day, in another park, would have seemed decent, in the smoke of was delivered into our foreground. He struck it would have been gone. (After the game, Williams’ miracle. Fisher continued to pitch, the pose of Donatello’s David, the third-base Williams said, ‘‘I didn’t think I could hit one and escaped further harm. At the end of the bag being Goliath’s head. Fiddling with his any harder than that. The conditions weren’t inning, Higgins sent Williams out to his cap, swapping small talk with the Oriole good.’’) leftfield position, then instantly replaced third baseman (who seemed delighted to The afternoon grew so glowering that in him with Carrol Hardy, so we had a long last have him drop in), swinging his arms with a the sixth inning the arc lights were turned look at Williams as he ran out there and sort of prancing nervousness, he looked on—always a wan sight in the daytime, like then back, his uniform jogging, his eyes fine—flexible, hard, and not unbecomingly the burning headlights of a funeral proces- steadfast on the ground. It was nice, and we substantial through the middle. The long sion. Aided by the gloom, Fisher was slicing were grateful, but it left a funny taste. neck, the small head, the knickers whose through the Sox rookies, and Williams did One of the scholasticists behind me said, cuffs were worn down near his ankles—all not come to bat in the seventh. He was sec- ‘‘Let’s go. We’ve seen everything. I don’t these points, often observed by caricaturists, ond up in the eighth. This was almost cer- want to spoil it.’’ This seemed a sound aes- were visible in the flesh. tainly his last time to come to the plate in thetic decision. Williams’ last word had been One of the collegiate voices behind me Fenway Park, and instead of merely cheer- so exquisitely chosen, such a perfect fusion said, ‘‘He looks old, doesn’t he, old; big deep ing, as we had at his three previous appear- of expectation, intention, and execution, wrinkles in his face . . .’’ ances, we stood, all of us—stood and ap- that already it felt a little unreal in my ‘‘Yeah,’’ the other voice said, ‘‘but he looks plauded. Have you ever heard applause in a head, and I wanted to get out before the cas- like an old hawk, doesn’t he?’’ ballpark? Just applause—no calling, no whis- tle collapsed. But the game, though played With each pitch, Williams danced down the tling, just an ocean of handclaps, minute by clumsy midgets under the feeble glow of baseline, waving his arms and stirring dust, after minute, burst after burst, crowding and the arc lights, began to tug at my attention, ponderous but menacing, like an attacking running together in continuous succession and I loitered in the runway until it was goose. It occurred to about a dozen humor- like the pushes of surf at the edge of the over. Williams’ homer had, quite inciden- ists at once to shout ‘‘Steal home! Go, go!’’ sand. It was a sombre and considered tumult. tally, made the score 4–3. In the bottom of Williams’ speed afoot was never legendary. There was not a boo in it. It seemed to renew the ninth inning, with one out, Marlin Lou Clinton, a young Sox outfielder, hit a itself out of a shifting set of memories as the Coughtry, the second-base juggler, singled. fairly deep fly to center field. Williams kid, the Marine, the veteran of feuds and Vic Wertz, pinchhitting, doubled off the left- tagged up and ran home. As he slid across failures and injuries, the friend of children, field wall, Coughtry advancing to third. the plate, the ball, thrown with unusual heft and the enduring old pro evolved down the Pumpsie Green walked, to load the bases. by Jackie Brandt, the Oriole center fielder, bright tunnel of twenty-one summers toward Willie Tasby hit a double-play ball to the hit him on the back. this moment. At last, the umpire signalled third baseman, but in making the pivot ‘‘Boy, he was really loafing, wasn’t he?’’ for Fisher to pitch; with the other players, throw Billy Klaus, an ex-Red Sox infielder, one of the boys behind me said. he had been frozen in position. Only Williams reverted to form and threw the ball past the ‘‘It’s cold,’’ the other explained. ‘‘He had moved during the ovation, switching his first baseman and into the Red Sox dugout. doesn’t play well when it’s cold. He likes hat impatiently, ignoring everything except The Sox won, 5–4. On the car radio as I drove heat. He’s a hedonist.’’ his cherished task. Fisher wound up, and the home I heard that Williams had decided not The run that Williams scored was the sec- applause sank into a hush. to accompany the team to New York. So he ond and last of the inning. Gus Triandos, of Understand that we were a crowd of ration- knew how to do even that, the hardest thing. the Orioles, quickly evened the score by al people. We knew that a home run cannot Quit.∑ plunking a home run over the handy left- be produced at will; the right pitch must be field wall. Williams, who had had this wall at perfectly met and luck must ride with the f his back for twenty years, played the ball ball. Three innings before, we had seen a FLIGHT NETWORK flawlessly. He didn’t budge. He just stood brave effort fail. The air was soggy; the sea- ∑ there, in the center of the little patch of son was exhausted. Nevertheless, there will Mr. SESSIONS. Mr. President, I wish grass that his patient footsteps had worn always lurk, around a corner in a pocket of to take a moment to honor an excep- brown, and, limp with lack of interest, our knowledge of the odds, an indefensible tional program in Alabama. watched the ball pass overhead. It was not a hope, and this was one of the times, which For many young men and women, very interesting game. Mike Higgins, the you now and then find in sports, when a den- their experiences during World War II Red Sox manager, with nothing to lose, had sity of expectation hangs in the air and were a profound time in their lives. restricted his major-league players to the plucks an event out of the future. This Nation owes a debt of gratitude left-field line—along with Williams, Frank Fisher, after his unsettling wait, was wide for the sacrifices of those Americans Malzone, a first-rate third baseman, played with the first pitch. He put the second one the game—and had peopled the rest of the over, and Williams swung mightily and who left their families and lives behind terrain with unpredictable youngsters fresh, missed. The crowd grunted, seeing that clas- to go ‘‘fight the good fight’’. or not so fresh, off the farms. Other than sic swing, so long and smooth and quick, ex- The Honor Flight Network was estab- Williams’ recurrent appearances at the posed, naked in its failure. Fisher threw the lished to honor the remaining WWII plate, the maladresse of the Sox infield was third time, Williams swung again, and there veterans and provide them a trip to the the sole focus of suspense; the second base- it was. The ball climbed on a diagonal line WWII Memorial in Washington, DC man turned every grounder into a juggling into the vast volume of air over center field. which was built in their honor. act, while the shortstop did a breathtaking From my angle, behind third base, the ball The Honor Flight Tennessee Valley impersonation of an open window. With this seemed less an object in flight than the tip of program, which also serves northern sort of assistance, the Orioles wheedled their a towering, motionless construct, like the Alabama, began in the summer of 2006 way into a 4–2 lead. They had early replaced Eiffel Tower or the Tappan Zee Bridge. It Barber with another young pitcher, Jack was in the books while it was still in the sky. and flew 14 WWII veterans on their Fisher. Fortunately (as it turned out), Fish- Brandt ran back to the deepest corner of the first flight on April 4, 2007. Their final er is no cutie; he is willing to burn the ball outfield grass; the ball descended beyond his mission was on September 11th, 2010. In through the strike zone, and inning after in- reach and struck in the crotch where the this time, Honor Flight Tennessee Val- ning this tactic punctured Higgins’ string of bullpen met the wall, bounced chunkily, and, ley has flown over 1,300 WWII veterans test balloons. as far as I could see, vanished. to Washington, DC. This could not Whenever Williams appeared at the plate— Like a feather caught in a vortex, Williams have been accomplished without the pounding the dirt from his cleats, gouging a ran around the square of bases at the center pit in the batter’s box with his left foot, of our beseeching screaming. He ran as he al- leadership and outstanding efforts of wringing resin out of the bat handle with his ways ran out home runs—hurriedly, the president and founder of Honor vehement grip, switching the stick at the unsmiling, head down, as if our praise were a Flight Tennessee Valley, Joe Fitz- pitcher with an electric ferocity—it was like storm of rain to get out of. He didn’t tip his gerald. His organizational skills and

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7613 ability to put a plan together were es- the Commonwealth of Pennsylvania mittee on Health, Education, Labor, and sential to the overall success of the and the District of Columbia. Pensions be discharged of further consider- program. Joe put a special emphasis on Mr. Winchester worked for 7 years at ation of S.J. Res. 39, a resolution providing for congressional disapproval of a rule sub- honoring the veterans who died before the Central Intelligence Agency in mitted by the Centers for Medicare and Med- they were able to make the trip to DC. operational law and legislative liaison icaid Services, Department of Health and I am thankful that these revered vet- positions, and also served as an assist- Human Services, relating to status as a erans were able to come to our Na- ant attorney general for the Depart- Grandfathered Health Plan under the Pa- tion’s Capital to be recognized and re- ment of Justice in Pennsylvania. tient Protection and Affordable Care Act, membered for their individual sac- During the last 25 years, Bob has and, further, that the resolution be imme- rifices. Among the most important of served as legislative counsel to the diately placed upon the Legislative Calendar under General Orders. the historic sites they visited was the Secretary of the Army and the Army Michael B. Enzi, Roger F. Wicker, Thad new World War II Memorial, which leadership, the Army G–2, the com- Cochran, , Pat Roberts, honors the 16 million veterans who manding generals of the U.S. Army In- Jeff Sessions, Jon Kyl, Richard Burr, served in the Armed Forces of the telligence Center of Excellence at Fort John Cornyn, Christopher S. Bond, United States, the more than 400,000 of Huachuca, and the Intelligence and Se- Richard G. Lugar, George V. our finest Americans who gave the ul- curity Command. Voinovich, Susan M. Collins, Johnny timate sacrifice for our Nation, and all Since 1984, Mr. Winchester served as Isakson, Mike Johanns, George S. who supported the war effort from the special assistant for legislative af- LeMieux, John Ensign, Lamar Alex- ander, , James E. Risch, home. fairs for the U.S. Army’s Office of the Richard C. Shelby, John Thune, Orrin I have met many Honor Flight Chief, legislative liaison and served as G. Hatch, Mitch McConnell, John groups from all over Alabama at the the Army’s principal liaison to the McCain, Judd Gregg, Jim Bunning, WWII Memorial. Without exception, Congress for all Army intelligence pro- Mike Crapo, Tom Coburn, Olympia J. they are men and women of character grams and policies. It was in this role Snowe, James M. InHofe, , and positive spirit who love their coun- that Mr. Winchester became a fixture Robert F. Bennett, Bob Corker, try and thoroughly enjoy the visit. in matters involving Army intelligence Lindsey Graham, Sam Brownback, They also have not asked for recogni- on Capitol Hill. For over two decades, , Lisa Murkowski, Kay Bailey Hutchison, Scott Brown. tion but are humbled and thankful for the Members and staff of the Senate this honor. Visiting these veterans is Select Committee on Intelligence knew f one of the most enjoyable things I get that they could turn to Mr. Winchester MESSAGES FROM THE HOUSE to do as a Senator. with a request and he would respond ENROLLED BILLS SIGNED On behalf of my Senate colleagues not just in a timely and professional At 12:12 p.m., a message from the and the State of Alabama, I thank manner, but also with insight and en- House of Representatives, delivered by these veterans for their service to the thusiasm. He was able not only to rep- Mr. Novotny, one of its reading clerks, United States of America and am proud resent the views and policies of the announced that the Speaker has signed of the work Honor Flight Tennessee U.S. Army, but also to ensure that the following enrolled bills: Valley and the Honor Flight Network Congress had the information it re- S. 846. An act to award a congressional have done for our WWII Veterans.∑ quested to conduct effective congres- gold medal to Dr. Muhammad Yunus, in rec- f sional oversight. He made this difficult ognition of his contributions to the fight against global poverty. TRIBUTE TO ROBERT WINCHESTER job look easy. Mr. Winchester has earned his retire- S. 1055. An act to grant the congressional ∑ gold medal, collectively, to the 100th Infan- Mr. ROCKEFELLER. Mr. President, I ment many times over, but we still rise to mark the retirement of Robert try Battalion and the 442nd Regimental hope that he reconsiders and returns to Combat Team, United States Army, in rec- Winchester after 35 years in govern- serve his country once again. ognition of their dedicated service during ment service. Throughout this time, Mr. Winchester, thank you for your World War II. Bob has been both the consummate service and good luck in all your future H.R. 1517. An act to allow certain U.S. Cus- professional and a friendly presence in endeavors.∑ toms and Border Protection employees who the Halls here on Capitol Hill. serve under an overseas limited appointment Mr. Winchester had a varied and dis- f for at least 2 years, and whose service is TRIBUTE TO RUSTY TOUPAL rated fully successful or higher throughout tinguished career, having worked in that time, to be converted to a permanent different positions and capacities for ∑ Mr. THUNE. Mr. President, today I appointment in the competitive service. the Department of Justice, Central In- wish to recognize Rusty Toupal, an in- H.R. 6190. An act to amend the Internal telligence Agency and the U.S. Army. tern in my Washington, DC, office, for Revenue Code of 1986 to extend the funding For most of that time, Bob worked in all of the hard work he has done for and expenditure authority of the Airport and the intelligence field where efforts and Airway Trust Fund, to amend title 49, United me, my staff, and the State of South States Code, to extend the airport improve- successes are not always rewarded pub- Dakota over the past several weeks. ment program, and for other purposes. licly. I am glad we can do so here Rusty is a graduate of Wolsey High The enrolled bills were subsequently today. School in Wolsey, SD. Currently he is signed by the President pro tempore Mr. Winchester graduated in 1967 attending South Dakota State Univer- (Mr. INOUYE). from the University of Paris, La sity where he is majoring in consumer Sorbonne, and from Kings College in Affairs. He has also been a member of At 3:18 p.m., a message from the 1968. From 1969 until 1971, he served in the Army National Guard for 7 years House of Representatives, delivered by the U.S. Army as an intelligence ana- and has completed a deployment to Mrs. Cole, announced that the House lyst and was stationed in Vietnam. Iraq. has agreed to the amendments of the After being honorably discharged as a He is a hard worker who has been Senate to the bill (H.R. 714) to author- staff sergeant, he continued his edu- dedicated to getting the most out of ize the Secretary of the Interior to cation at Illinois State University his internship experience. I extend my lease certain lands in Virgin Islands earning a master’s degree. He then re- sincere thanks and appreciation to National Park, and for other purposes. turned to Europe to receive a master’s Rusty for all of the fine work he has of advanced European studies with At 3:54 p.m., a message from the done and wish him continued success in House of Representatives, delivered by honors in 1974 from the College of Eu- the years to come.∑ rope in Bruges, Belgium. Mrs. Cole, announced that the House Continuing his already impressive f has passed the following bill, without academic achievements, Mr. Win- DISCHARGE PETITION PURSUANT amendment: chester received his juris doctorate TO 5 U.S.C. 802(c) (CONGRES- S. 3847. An act to implement certain de- SIONAL REVIEW ACT) fense trade cooperation treaties, and for from Temple University School of Law. other purposes. He served as a judge advocate general We, the undersigned Senators, in accord- captain in the U.S. Army Reserves for ance with chapter 8 of title 5, United States At 5:37 p.m., a message from the 13 years. He is a member of the bar of Code, hereby direct that the Senate Com- House of Representatives, delivered by

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7614 CONGRESSIONAL RECORD — SENATE September 28, 2010 Mr. Novotny, one of its reading clerks, Off-Exchange Retail Foreign Exchange Environmental Protection Agency, transmit- announced that the House has passed Transactions and Intermediaries’’ ((17 CFR ting, pursuant to law, the report of a rule en- the following bill, in which it requests Parts 1, 3, 4, 5, 10, 140, 145, 147, 160, and titled ‘‘Approval and Promulgation of Imple- the concurrence of the Senate: 166)(RIN3038–AC61)) received in the Office of mentation Plans Alabama: Volatile Organic the on September 23, Compounds’’ (FRL No. 9203–9) received in the H.R. 6200. An act to amend part A of title 2010; to the Committee on Agriculture, Nu- Office of the President of the Senate on Sep- XI of the Social Security Act to provide for trition, and Forestry. tember 21, 2010; to the Committee on Envi- a 1-year extension of the authorizations for EC–7555. A communication from the Direc- ronment and Public Works. the Work Incentives Planning and Assist- tor of the Regulatory Management Division, EC–7564. A communication from the Direc- ance program and the Protection and Advo- Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, cacy for Beneficiaries of Social Security pro- Environmental Protection Agency, transmit- Office of Policy, Economics, and Innovation, gram. ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ENROLLED BILLS SIGNED titled ‘‘Acephate, Cacodylic acid, Dicamba, ting, pursuant to law, the report of a rule en- At 6:51 p.m., a message from the Dicloran, et al.; Tolerance Actions’’ (FRL titled ‘‘Hazardous Waste Management Sys- House of Representatives, delivered by No. 8842–1) received in the Office of the Presi- tem; Identification and Listing of Hazardous dent of the Senate on September 21, 2010; to Waste Amendment’’ (FRL No. 9201–2) re- Mr. Novotny, one of its reading clerks, the Committee on Agriculture, Nutrition, ceived in the Office of the President of the announced that the Speaker has signed and Forestry. Senate on September 21, 2010; to the Com- the following enrolled bills: EC–7556. A communication from the Under mittee on Environment and Public Works. H.R. 714. An act to authorize the Secretary Secretary of Defense (Comptroller), trans- EC–7565. A communication from the Chief of the Interior to lease certain lands in Vir- mitting, pursuant to law, a report relative to of the Publications and Regulations Branch, gin Islands National Park, and for other pur- a violation of the Antideficiency Act that oc- Internal Revenue Service, Department of the poses. curred within the Department of the Navy Treasury, transmitting, pursuant to law, the H.R. 2923. An act to enhance the ability to and was assigned case number 09–03; to the report of a rule entitled ‘‘Application of Sec- combat methamphetamine. Committee on Appropriations. tions 7702 and 7702A to Life Insurance Con- H.R. 3553. An act to exclude from consider- EC–7557. A communication from the Chair- tracts that Mature After Age 100’’ (Rev. Rul. ation as income under the Native American man of the Military Leadership Diversity 2010–28) received in the Office of the Presi- Housing Assistance and Self-Determination Commission, transmitting, pursuant to law a dent of the Senate on September 21, 2010; to Act of 1996 amounts received by a family report relative to the Commission’s com- the Committee on Finance. from the Department of Veterans Affairs for prehensive evaluation and assessment of EC–7566. A communication from the Chief service-related disabilities of a member of policies that provide opportunities for the of the Publications and Regulations Branch, the family. promotion and advancement of minority Internal Revenue Service, Department of the H.R. 3808. An act to require any Federal or members of the Armed Forces; to the Com- Treasury, transmitting, pursuant to law, the State court to recognize any notarization mittee on Armed Services. report of a rule entitled ‘‘Exclusions From made by a notary public licensed by a State EC–7558. A joint communication from the Gross Income of Foreign Corporations’’ (TD other than the State where the court is lo- Under Secretary of Defense (Comptroller) 9502) received in the Office of the President cated when such notarization occurs in or af- and the Under Secretary of Defense (Acquisi- of the Senate on September 21, 2010; to the fects interstate commerce. tion, Technology and Logistics), transmit- Committee on Finance. S. 2868. An act to provide increased access ting, pursuant to law, a report relative to a EC–7567. A communication from the Assist- to the Federal supply schedules of the Gen- multiyear procurement that is being sought ant Legal Adviser for Treaty Affairs, Depart- eral Services Administration to the Amer- for F/A–18E/F and EA–18G aircraft in fiscal ment of State, transmitting, pursuant to the ican Red Cross, other qualified organiza- year 2010 through fiscal year 2013; to the Case-Zablocki Act, 1 U.S.C. 112b, as amended, tions, and State and local governments. Committee on Armed Services. the report of the texts and background state- EC–7559. A communication from the Assist- ments of international agreements, other MEASURES DISCHARGED ant General Counsel for Legislation, Regula- than treaties (List 2010–0137—2010–0142); to Pursuant to 5 U.S.C. 802(c), the fol- tion and Energy Efficiency, Department of the Committee on Foreign Relations. lowing joint resolution was discharged Energy, transmitting, pursuant to law, the EC–7568. A communication from the Execu- by petition from the Committee on report of a rule entitled ‘‘Acquisition Regu- tive Analyst (Political), Department of Health, Education, Labor, and Pen- lation: Sustainable Acquisition’’ (RIN1991– Health and Human Services, transmitting, sions, and placed on the Calendar: AB95) received in the Office of the President pursuant to law, a report relative to (2) va- of the Senate on September 24, 2010; to the cancies in the Department of Health and S.J. Res. 39. A joint resolution providing Committee on Energy and Natural Re- Human Services in the positions of Assistant for congressional disapproval under chapter 8 sources. Secretary for Public Affairs and Adminis- of title 5, United States Code, of the rule re- EC–7560. A communication from the Direc- trator of the Centers for Medicare and Med- lating to the status as a grandfathered tor of the Regulatory Management Division, icaid Services, received in the Office of the health plan under the Patient Protection Office of Policy, Economics, and Innovation, President of the Senate on September 24, and Affordable Care Act. Environmental Protection Agency, transmit- 2010; to the Committee on Health, Education, f ting, pursuant to law, the report of a rule en- Labor, and Pensions. titled ‘‘Outer Continental Shelf Air Regula- EC–7569. A communication from the ENROLLED BILLS PRESENTED tions Consistency Update for California’’ Human Resources Specialist, United States The Secretary of the Senate reported (FRL No. 9192–8) received in the Office of the Tax Court, transmitting, pursuant to law, that on September 28, 2010, she had pre- President of the Senate on September 24, the United States Tax Courts’ annual cat- sented to the President of the United 2010; to the Committee on Environment and egory rating report for the years of 2008 and States the following enrolled bills: Public Works. 2009; to the Committee on Homeland Secu- EC–7561. A communication from the Direc- rity and Governmental Affairs. S. 846. An act to award a congressional tor of the Regulatory Management Division, EC–7570. A communication from the Man- gold medal to Dr. Muhammad Yunus, in rec- Office of Policy, Economics, and Innovation, agement and Program Analyst, Citizenship ognition of his contributions to the fight Environmental Protection Agency, transmit- and Immigration Services, Department of against global poverty. ting, pursuant to law, the report of a rule en- Homeland Security, transmitting, pursuant S. 1055. An act to grant the congressional titled ‘‘Significant New Use Rules on Certain to law, the report of a rule entitled ‘‘U.S. gold medal, collectively, to the 100th Infan- Chemical Substances’’ (FRL No. 8839–7) re- Citizenship and Immigration Service Fee try Battalion and the 442nd Regimental ceived in the Office of the President of the Schedule’’ (RIN1615–AB80) received in the Of- Combat Team, United States Army, in rec- Senate on September 21, 2010; to the Com- fice of the President of the Senate on Sep- ognition of their dedicated service during mittee on Environment and Public Works. tember 22, 2010; to the Committee on the Ju- World War II. EC–7562. A communication from the Direc- diciary. f tor of the Regulatory Management Division, EC–7571. A communication from the Staff Office of Policy, Economics, and Innovation, Director, United States Commission on Civil EXECUTIVE AND OTHER Environmental Protection Agency, transmit- Rights, transmitting, pursuant to law, the COMMUNICATIONS ting, pursuant to law, the report of a rule en- report of the appointment of members to the The following communications were titled ‘‘Final Authorization of State Haz- Wyoming Advisory Committee; to the Com- laid before the Senate, together with ardous Waste Management Program Revi- mittee on the Judiciary. sions’’ (FRL No. 9203–3) received in the Office EC–7572. A communication from the Direc- accompanying papers, reports, and doc- of the President of the Senate on September tor of Regulations Policy and Management, uments, and were referred as indicated: 21, 2010; to the Committee on Environment Veterans Benefits Administration, Depart- EC–7554. A communication from the Execu- and Public Works. ment of Veterans Affairs, transmitting, pur- tive Director, Commodity Futures Trading EC–7563. A communication from the Direc- suant to law, the report of a rule entitled Commission, transmitting, pursuant to law, tor of the Regulatory Management Division, ‘‘Specially Adapted Housing and Special the report of a rule entitled ‘‘Regulation of Office of Policy, Economics, and Innovation, Home Adaption’’ (RIN2900–AN21) received in

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7615 the Office of the President of the Senate on Commerce, transmitting, pursuant to law, By Mrs. BOXER, from the Committee on September 27, 2010; to the Committee on Vet- the report of a rule entitled ‘‘Fisheries of the Environment and Public Works, with an erans’ Affairs. Northeastern United States; Scup Fishery; amendment in the nature of a substitute: EC–7573. A communication from the Direc- Adjustment to the 2010 Winter II Quota’’ S. 1816. A bill to amend the Federal Water tor of Regulation Policy and Management, (RIN0648–XY61) received in the Office of the Pollution Control Act to improve and reau- Veterans Benefits Administration, Depart- President of the Senate on September 24, thorize the Chesapeake Bay Program (Rept. ment of Veterans Affairs, transmitting, pur- 2010; to the Committee on Commerce, No. 111–333). suant to law, the report of a rule entitled Science, and Transportation. By Mr. BINGAMAN, from the Committee ‘‘Presumptions of Service Connection for EC–7581. A communication from the Acting on Energy and Natural Resources, without Persian Gulf Service’’ (RIN2900–AN24) re- Director of Sustainable Fisheries, National amendment: ceived in the Office of the President of the Marine Fisheries Service, Department of S. 679. A bill to establish a research, devel- Senate on September 27, 2010; to the Com- Commerce, transmitting, pursuant to law, opment, demonstration, and commercial ap- mittee on Veterans’ Affairs. the report of a rule entitled ‘‘Fisheries of the plication program to promote research of ap- EC–7574. A communication from the Acting Exclusive Economic Zone Off Alaska; Re- propriate technologies for heavy duty plug- Director of Sustainable Fisheries, National allocation of Pollock in the Bering Sea and in hybrid vehicles, and for other purposes Marine Fisheries Service, Department of Aleutian Islands’’ (RIN0648–XY84) received in (Rept. No. 111–334). Commerce, transmitting, pursuant to law, the Office of the President of the Senate on By Mr. BINGAMAN, from the Committee the report of a rule entitled ‘‘Fisheries of the September 24, 2010; to the Committee on on Energy and Natural Resources, with an Exclusive Economic Zone Off Alaska; North- Commerce, Science, and Transportation. amendment in the nature of a substitute: ern Rockfish in the Bering Sea and Aleutian EC–7582. A communication from the Acting S. 2843. A bill to provide for a program of Islands Management Area’’ (RIN0648–XY87) Director of Sustainable Fisheries, National research, development, demonstration, and received in the Office of the President of the Marine Fisheries Service, Department of commercial application in vehicle tech- Senate on September 24, 2010; to the Com- Commerce, transmitting, pursuant to law, nologies at the Department of Energy (Rept. mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Fisheries Off No. 111–335). tation. West Coast States; Modifications of the West S. 3495. A bill to promote the deployment EC–7575. A communication from the Acting Coast Commercial and Recreational Salmon of plug-in electric drive vehicles, and for Director of Sustainable Fisheries, National Fisheries; Inseason Actions No. 9, No. 10, and other purposes (Rept. No. 111–336). Marine Fisheries Service, Department of No. 11’’ (RIN0648–XY08) received in the Office By Mr. KERRY, from the Committee on Commerce, transmitting, pursuant to law, of the President of the Senate on September Foreign Relations, without amendment: the report of a rule entitled ‘‘Fisheries of the 24, 2010; to the Committee on Commerce, S. 3184. A bill to provide United States as- Exclusive Economic Zone Off Alaska; Re- Science, and Transportation. sistance for the purpose of eradicating severe allocation of Pacific Cod in the Bering Sea EC–7583. A communication from the Acting forms of trafficking in children in eligible and Aleutian Islands Management Area’’ Director of Sustainable Fisheries, National countries through the implementation of (RIN0648–XZ01) received in the Office of the Marine Fisheries Service, Department of Child Protection Compacts, and for other President of the Senate on September 24, Commerce, transmitting, pursuant to law, purposes (Rept. No. 111–337). 2010; to the Committee on Commerce, the report of a rule entitled ‘‘Fisheries of the By Mr. LIEBERMAN, from the Committee Science, and Transportation. Economic Exclusive Zone Off Alaska; Shal- on Homeland Security and Governmental Af- EC–7576. A communication from the Acting low-Water Species Fishery by Vessels Using fairs, with amendments: Director of Sustainable Fisheries, National Trawl Gear in the Gulf of Alaska’’ (RIN0648– H.R. 1345. A bill to amend title 5, United Marine Fisheries Service, Department of XY78) received in the Office of the President States Code, to eliminate the discriminatory Commerce, transmitting, pursuant to law, of the Senate on September 24, 2010; to the treatment of the District of Columbia under the report of a rule entitled ‘‘Fisheries of the Committee on Commerce, Science, and the provisions of law commonly referred to Exclusive Economic Zone Off Alaska; Re- Transportation. as the ‘‘Hatch Act’’. allocation of Yellowfin Sole in the Bering EC–7584. A communication from the Acting By Mr. ROCKEFELLER, from the Com- Sea and Aleutian Islands Management Area’’ Director of Sustainable Fisheries, National mittee on Commerce, Science, and Transpor- (RIN0648–XY99) received in the Office of the Marine Fisheries Service, Department of tation, with an amendment in the nature of President of the Senate on September 24, Commerce, transmitting, pursuant to law, a substitute: 2010; to the Committee on Commerce, the report of a rule entitled ‘‘Fisheries of the S. 2847. A bill to regulate the volume of Science, and Transportation. Exclusive Economic Zone Off Alaska; Pacific audio on commercials. EC–7577. A communication from the Acting Ocean Perch for Vessels Participating in the f Director of Sustainable Fisheries, National Rockfish Entry Level Fishery in the Central Marine Fisheries Service, Department of Regulatory Area of the Gulf of Alaska’’ EXECUTIVE REPORTS OF Commerce, transmitting, pursuant to law, (RIN0648–XY70) received in the Office of the COMMITTEES the report of a rule entitled ‘‘Fisheries of the President of the Senate on September 24, Northeastern United States; Northeast The following executive reports of 2010; to the Committee on Commerce, nominations were submitted: Skate Complex Fishery; Reduction of Skate Science, and Transportation. Wing Fishery Possession Limit’’ (RIN0648– EC–7585. A communication from the Acting By Mr. LEVIN for the Committee on XY46) received in the Office of the President Director of Sustainable Fisheries, National Armed Services. of the Senate on September 24, 2010; to the Marine Fisheries Service, Department of Air Force nomination of Brig. Gen. Alfred Committee on Commerce, Science, and Commerce, transmitting, pursuant to law, J. Stewart, to be Major General. Transportation. the report of a rule entitled ‘‘Fisheries of the Air Force nomination of Col. Christopher EC–7578. A communication from the Acting Exclusive Economic Zone Off Alaska; North- J. Bence, to be Brigadier General. Director of Sustainable Fisheries, National ern Rockfish for Vessels Participating in the Air Force nomination of Maj. Gen. James Marine Fisheries Service, Department of Rockfish Entry Level Fishery in the Central M. Kowalski, to be Lieutenant General. Commerce, transmitting, pursuant to law, Regulatory Area of the Gulf of Alaska’’ Air Force nomination of Lt. Gen. Philip M. the report of a rule entitled ‘‘Fisheries of the (RIN0648–XY72) received in the Office of the Breedlove, to be General. Air Force nomination of Lt. Gen. William Northeastern United States; Northeast President of the Senate on September 24, L. Shelton, to be General. Multispecies Fishery; Modification of the 2010; to the Committee on Commerce, Air Force nomination of Lt. Gen. Richard Common Pool Day-at-Sea Accounting and Science, and Transportation. Y. Newton III, to be Lieutenant General. Possession Prohibition for Witch Flounder’’ EC–7586. A communication from the Acting Air Force nomination of Lt. Gen. Herbert (RIN0648–XY20) received in the Office of the Director of Sustainable Fisheries, National J. Carlisle, to be Lieutenant General. President of the Senate on September 24, Marine Fisheries Service, Department of Air Force nomination of Maj. Gen. Stanley 2010; to the Committee on Commerce, Commerce, transmitting, pursuant to law, T. Kresge, to be Lieutenant General. Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the EC–7579. A communication from the Acting Air Force nomination of Maj. Gen. Susan Exclusive Economic Zone Off Alaska; Pe- Director of Sustainable Fisheries, National J. Helms, to be Lieutenant General. lagic Shelf Rockfish for Vessels Partici- Marine Fisheries Service, Department of Air Force nomination of Maj. Gen. Darrell pating in the Rockfish Entry Level Fishery Commerce, transmitting, pursuant to law, D. Jones, to be Lieutenant General. in the Central Regulatory Area of the Gulf of the report of a rule entitled ‘‘Atlantic Highly Air Force nomination of Lt. Gen. Larry D. Alaska’’ (RIN0648–XY71) received in the Of- Migratory Species; Inseason Action to Close James, to be Lieutenant General. fice of the President of the Senate on Sep- the Commercial Porbeagle Shark Fishery’’ Army nomination of Col. Arthur W. tember 24, 2010; to the Committee on Com- (RIN0648–XY56) received in the Office of the Hinaman, to be Brigadier General. merce, Science, and Transportation. President of the Senate on September 24, Army nomination of Maj. Gen. Curtis M. 2010; to the Committee on Commerce, f Scaparrotti, to be Lieutenant General. Science, and Transportation. REPORTS OF COMMITTEES Army nomination of Col. Phillip M. Churn, EC–7580. A communication from the Acting Sr., to be Brigadier General. Director of Sustainable Fisheries, National The following reports of committees Army nomination of Col. Daniel J. Dire, to Marine Fisheries Service, Department of were submitted: be Brigadier General.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7616 CONGRESSIONAL RECORD — SENATE September 28, 2010 Army nomination of Col. Ronald E. Army nomination of Daniel E. Banks, to be ate and appeared in the Congressional Dziedzicki, to be Brigadier General. Lieutenant Colonel. Record on September 16, 2010. Army nomination of Maj. Gen. John D. Army nomination of Latanya A. Pope, to Army nominations beginning with Paula Johnson, to be Lieutenant General. be Major. Oliver and ending with Michael A. Kelley, Army nomination of Col. Joseph A. Army nomination of Ned W. Roberts, Jr., which nominations were received by the Sen- Brendler, to be Brigadier General. to be Major. ate and appeared in the Congressional Army nominations beginning with Col. Army nomination of John W. Paul, to be Record on September 16, 2010. Dana M. Capozzella and ending with Col. Ste- Major. Army nominations beginning with Amanda phen L. Danner, which nominations were re- Army nominations beginning with Eric S. J. Conley and ending with Thomas F. Spen- ceived by the Senate and appeared in the Alford and ending with Michael K. Hanifan, cer, which nominations were received by the Congressional Record on September 23, 2010. which nominations were received by the Sen- Senate and appeared in the Congressional Army nomination of Brig. Gen. Maria L. ate and appeared in the Congressional Record on September 16, 2010. Britt, to be Major General. Record on August 3, 2010. Army nominations beginning with Jeffrey Army nomination of Brig. Gen. William L. Army nominations beginning with George D. Allen and ending with Timothy Reynolds, Freeman, Jr., to be Major General. W. Meleleu and ending with Aaron L. which nominations were received by the Sen- Army nomination of Maj. Gen. Frank J. Polston, which nominations were received by ate and appeared in the Congressional Grass, to be Lieutenant General. the Senate and appeared in the Congres- Record on September 16, 2010. Marine Corps nomination of Gen. James F. sional Record on August 3, 2010. Army nominations beginning with Dixie J. Amos, to be General. Army nominations beginning with Dean P. Burner and ending with Elizabeth A. Wil- Marine Corps nomination of Lt. Gen. Jo- Suanico and ending with Elizabeth R. Oates, liams, which nominations were received by seph F. Dunford, Jr., to be General. which nominations were received by the Sen- the Senate and appeared in the Congres- Marine Corps nomination of Lt. Gen. ate and appeared in the Congressional sional Record on September 16, 2010. Thomas D. Waldhauser, to be Lieutenant Record on August 3, 2010. Army nominations beginning with Michell General. Army nominations beginning with Brian F. L. Auck and ending with D010491, which Marine Corps nomination of Maj. Gen. Lane and ending with Kimberly D. Kumer, nominations were received by the Senate and Robert B. Neller, to be Lieutenant General. which nominations were received by the Sen- appeared in the Congressional Record on Marine Corps nomination of Maj. Gen. ate and appeared in the congressional record September 16, 2010. Richard T. Tryon, to be Lieutenant General. on August 3, 2010. Army nominations beginning with Laneice Marine Corps nomination of Lt. Gen. Terry Army nominations beginning with Dustin L. Abdelshakur and ending with Sashi A. G. Robling, to be Lieutenant General. C. Frazier and ending with Courtney T. Zickefoose, which nominations were received Navy nomination of Capt. Charles D. Harr, Tripp, which nominations were received by by the Senate and appeared in the Congres- to be Rear Admiral (lower half). the Senate and appeared in the Congres- sional Record on September 16, 2010. Navy nomination of Rear Adm. (Selectee) Army nominations beginning with Joseph John M. Richardson, to be Vice Admiral. sional Record on August 3, 2010. Army nominations beginning with Donald H. Afanador and ending with D010299, which Navy nomination of Rear Adm. Cecil E. nominations were received by the Senate and Haney, to be Vice Admiral. P. Bandy and ending with Keith J. Wilson, which nominations were received by the Sen- appeared in the Congressional Record on Mr. LEVIN. Mr. President, for the ate and appeared in the Congressional September 16, 2010. Committee on Armed Services I report Record on August 3, 2010. Army nomination of David C. Decker, to be favorably the following nomination Army nominations beginning with Stanley Major. lists which were printed in the Green and ending with Jon B. Tipton, which Army nomination of Elizabeth S. Mason, nominations were received by the Senate and to be Major. RECORDS on the dates indicated, and Army nominations beginning with Yvonne appeared in the Congressional Record on Au- ask unanimous consent, to save the ex- J. Fleischman and ending with Wendy M. gust 3, 2010. pense of reprinting on the Executive Ross, which nominations were received by Army nominations beginning with Patrick the Senate and appeared in the Congres- Calendar that these nominations lie at L. Mallett and ending with Scott H. sional Record on September 20, 2010. the Secretary’s desk for the informa- Sinkular, which nominations were received Army nominations beginning with Marilyn tion of Senators. by the Senate and appeared in the Congres- S. Chiafullo and ending with Howard D. The PRESIDING OFFICER. Without sional Record on August 4, 2010. Reitz, Jr., which nominations were received Army nominations beginning with Lanny objection, it is so ordered. by the Senate and appeared in the Congres- J. Acosta, Jr. and ending with Patrick L. Air Force nominations beginning with sional Record on September 20, 2010. Robert L. Gauer and ending with Rajendra C. Vergona, which nominations were received Army nomination of Connie C. Dyer, to be Yande, which nominations were received by by the Senate and appeared in the Congres- Colonel. the Senate and appeared in the Congres- sional Record on August 4, 2010. Army nomination of Jonathan J. Beitler, sional Record on September 16, 2010. Army nomination of Polly R. Graham, to to be Colonel. Air Force nominations beginning with Ar- be Colonel. Army nomination of David K. Powell, to be lene D. Adams and ending with Amy S. Army nomination of Dwaine K. Warren, to Colonel. Woosley, which nominations were received be Colonel. Army nominations beginning with John J. by the Senate and appeared in the Congres- Army nominations beginning with James Ference and ending with David M. Schlaack, sional Record on September 16, 2010. K. Barnett and ending with Edward D. Nor- which nominations were received by the Sen- Air Force nominations beginning with throp, which nominations were received by ate and appeared in the Congressional Marianne E. Alaniz and ending with Mark L. the Senate and appeared in the Congres- Record on September 20, 2010. Wimley, which nominations were received by sional Record on September 15, 2010. Army nominations beginning with Julie A. the Senate and appeared in the Congres- Army nomination of Thomas E. Koertge, Blike and ending with Ava J. Walker, which sional Record on September 16, 2010. to be Colonel. nominations were received by the Senate and Air Force nomination of Ernest J. Army nomination of Edward B. Martin, to appeared in the Congressional Record on Prochazka, to be Colonel. be Major. September 20, 2010. Air Force nominations beginning with Army nomination of Timothy S. Allison- Army nominations beginning with William Daniel P. Gilligan and ending with Nghia H. Aipa, to be Major. B. Britt and ending with Lynn A. Wise, Nguyen, which nominations were received by Army nomination of Vickie M. Jester, to which nominations were received by the Sen- the Senate and appeared in the congressional be Major. ate and appeared in the Congressional record on September 23, 2010. Army nominations beginning with Bernard Record on September 20, 2010. Army nomination of Robert H. Kewley, Jr., H. Hofmann and ending with Gregory Sean Army nominations beginning with James to be Lieutenant Colonel. F. Mcdougal, which nominations were re- T. Barber, Jr. and ending with Joseph C. Army nomination of Wiley C. Thompson, ceived by the Senate and appeared in the Wood, which nominations were received by to be Lieutenant Colonel. Congressional Record on September 16, 2010. the Senate and appeared in the Congres- Army nomination of Raymond C. Nelson, Army nominations beginning with Charles sional Record on September 20, 2010. to be Colonel. L. Clark and ending with Oksana Boyechko, Army nominations beginning with Sandra Army nomination of Bernard B. Banks, to which nominations were received by the Sen- L. Alvey and ending with Aaron Tucker, be Colonel. ate and appeared in the Congressional which nominations were received by the Sen- Army nomination of David A. Wallace, to Record on September 16, 2010. ate and appeared in the Congressional be Colonel. Army nominations beginning with Allen L. Record on September 20, 2010. Army nominations beginning with Melissa Fein and ending with Rostylav R. Szwajkun, Army nominations beginning with Jan E. R. Covolesky and ending with John H. Ste- which nominations were received by the Sen- Aldykiewicz and ending with Louis P. Yob, phenson II, which nominations were received ate and appeared in the Congressional which nominations were received by the Sen- by the Senate and appeared in the Congres- Record on September 16, 2010. ate and appeared in the Congressional sional Record on August 3, 2010. Army nominations beginning with Robert Record on September 20, 2010. Army nomination of Jonathan J. Kirk and ending with Timothy M. Snavely, Army nominations beginning with Rebecca McColumn, to be Colonel. which nominations were received by the Sen- L. Allen and ending with Toni Y. Wilson,

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7617 which nominations were received by the Sen- Army nominations beginning with William which nominations were received by the Sen- ate and appeared in the Congressional P. Adelman and ending with David C. ate and appeared in the Congressional Record on September 20, 2010. Zenger, which nominations were received by Record on September 15, 2010. Army nominations beginning with George the Senate and appeared in the Congres- Navy nominations beginning with Brian D. A. Berndt III and ending with Douglas W. sional Record on September 23, 2010. Oneil and ending with Jose R. Pereztorres, Yoder, which nominations were received by Navy nomination of Timothy J. Ringo, to which nominations were received by the Sen- the Senate and appeared in the Congres- be Lieutenant Commander. ate and appeared in the Congressional sional Record on September 20, 2010. Navy nominations beginning with William Record on September 15, 2010. Army nominations beginning with Alan D. A. Brown, Jr. and ending with Paul J. Navy nomination of Erik Rangel, to be Abrams and ending with Mark D. Schulthess, Wisniewski, which nominations were re- Lieutenant Commander. which nominations were received by the Sen- ceived by the Senate and appeared in the Navy nomination of Victor John Catullo, ate and appeared in the Congressional Congressional Record on August 3, 2010. to be Captain. Record on September 20, 2010. Navy nominations beginning with Jaime E. Navy nominations beginning with William Army nominations beginning with Pamela Rodriguez and ending with Vincent M. A. Mix and ending with John H. Steely, Y. Delancy and ending with Karen L. Wright, Peronti, which nominations were received by which nominations were received by the Sen- which nominations were received by the Sen- the Senate and appeared in the Congres- ate and appeared in the Congressional ate and appeared in the Congressional sional Record on August 3, 2010. Record on September 16, 2010. Record on September 20, 2010. Navy nomination of Robert C. Moore, to be Navy nominations beginning with Ronald Army nominations beginning with Erick J. Commander. K. Bach and ending with Anna A. Ross, Alverio and ending with Cynthia E. Pierce, Navy nominations beginning with Steven which nominations were received by the Sen- which nominations were received by the Sen- D. Seney and ending with Nicholas A. ate and appeared in the Congressional ate and appeared in the Congressional Sinnokrak, which nominations were received Record on September 16, 2010. Record on September 20, 2010. by the Senate and appeared in the Congres- Navy nomination of Brian O. Walden, to be Army nominations beginning with Bess J. sional Record on August 4, 2010. Captain. Pierce and ending with Ty J. Navy nominations beginning with Abby L. Navy nomination of Jeffry P. Simko, to be Vannieuwenhoven, which nominations were Odonnell and ending with Stella J. Weiss, Lieutenant Commander. received by the Senate and appeared in the which nominations were received by the Sen- Navy nomination of Patrick A. Garvey, to Congressional Record on September 20, 2010. ate and appeared in the Congressional be Captain. Army nominations beginning with Steven Record on August 4, 2010. Navy nominations beginning with Sherwin M. Groddy and ending with Heidi M. Navy nominations beginning with Patrick Y. Cho and ending with Jeffrey G. Sotack, Wiegand, which nominations were received P. Davis and ending with Jerry Y. Tzeng, which nominations were received by the Sen- by the Senate and appeared in the Congres- which nominations were received by the Sen- ate and appeared in the Congressional sional Record on September 20, 2010. ate and appeared in the Congressional Record on September 20, 2010. Navy nomination of Dominic V. Gonzales, Army nominations beginning with Howard Record on August 4, 2010. A. Allen III and ending with Suzanne P. Navy nominations beginning with Robert to be Lieutenant Commander. Navy nomination of Michael H. Hooper, to Vareslum, which nominations were received E. Atkinson and ending with Giancarlo be Lieutenant Commander. by the Senate and appeared in the Congres- Waghelstein, which nominations were re- Navy nomination of Virgilio S. Crescini, to sional Record on September 20, 2010. ceived by the Senate and appeared in the be Lieutenant Commander . Army nominations beginning with Tyler C. Congressional Record on August 4, 2010. Navy nominations beginning with Aldrin Craner and ending with Brennan V. Wallace, Navy nominations beginning with Anthony J. A. Cordova and ending with Jerald L. which nominations were received by the Sen- H. Beaster and ending with Jonathan C. Rooks, which nominations were received by ate and appeared in the Congressional Wood, which nominations were received by the Senate and appeared in the Congres- Record on September 20, 2010. the Senate and appeared in the Congres- sional Record on September 23, 2010. Army nominations beginning with Stephen sional Record on August 4, 2010. Navy nominations beginning with John W. J. Bethoney and ending with Kirk A. Navy nominations beginning with Charles Baise and ending with Ning L. Yuan, which Yaukey, which nominations were received by M. Abell and ending with Catherine F. Wal- nominations were received by the Senate and the Senate and appeared in the Congres- lace, which nominations were received by appeared in the Congressional Record on sional Record on September 20, 2010. the Senate and appeared in the Congres- September 23, 2010. Army nominations beginning with Law- sional Record on August 4, 2010. Navy nominations beginning with Raynard rence E. Widman and ending with James I. Navy nominations beginning with Randy Allen and ending with Robert B. Wills, which Joubert, which nominations were received by J. Berti and ending with Robert H. Vohrer, nominations were received by the Senate and the Senate and appeared in the Congres- which nominations were received by the Sen- appeared in the Congressional Record on sional Record on September 20, 2010. ate and appeared in the Congressional September 23, 2010. Army nominations beginning with Pamela Record on August 4, 2010. Navy nominations beginning with Jose G. K. King and ending with Marilyn Torres, Navy nominations beginning with Katie M. Acosta, Jr. and ending with Scott A. Wilson, which nominations were received by the Sen- Abdallah and ending with Nathan J. Winters, which nominations were received by the Sen- ate and appeared in the Congressional which nominations were received by the Sen- ate and appeared in the Congressional Record on September 20, 2010. ate and appeared in the Congressional Record on September 23, 2010. Army nominations beginning with Maria Record on August 4, 2010. Navy nominations beginning with Koniki E. Bovill and ending with Joanna J. Reagan, Navy nominations beginning with Jeremy L. Aiken and ending with James S. Zmijski, which nominations were received by the Sen- S. Biediger and ending with Scott E. Wil- which nominations were received by the Sen- ate and appeared in the Congressional liams, which nominations were received by ate and appeared in the Congressional Record on September 23, 2010. the Senate and appeared in the Congres- Record on September 23, 2010. Army nominations beginning with Mark E. sional Record on August 4, 2010. Navy nominations beginning with Dominic Beicke and ending with James D. Toombs, Navy nominations beginning with Adrian J. Antenucci and ending with Delicia G. Zim- which nominations were received by the Sen- E. Arvizo and ending with Lisa L. Zumbrunn, merman, which nominations were received ate and appeared in the Congressional which nominations were received by the Sen- by the Senate and appeared in the Congres- Record on September 23, 2010. ate and appeared in the Congressional sional Record on September 23, 2010. Army nominations beginning with Todd O. Record on August 4, 2010. Navy nominations beginning with Brent N. Johnson and ending with Tami Zalewski, Navy nominations beginning with Philip T. Adams and ending with Emily L. Zywicke, which nominations were received by the Sen- Alcorn and ending with Scott D. Ziegenhorn, which nominations were received by the Sen- ate and appeared in the Congressional which nominations were received by the Sen- ate and appeared in the Congressional Record on September 23, 2010. ate and appeared in the Congressional Record on September 23, 2010. Army nominations beginning with Mark R. Record on August 4, 2010. Navy nominations beginning with Teresita Benne and ending with James Wood, which Navy nominations beginning with Armand Alston and ending with Erin K. Zizak, which nominations were received by the Senate and P. Abad and ending with Matthew A. Young, nominations were received by the Senate and appeared in the Congressional Record on which nominations were received by the Sen- appeared in the Congressional Record on September 23, 2010. ate and appeared in the Congressional September 23, 2010. Army nominations beginning with Celethia Record on August 4, 2010. Navy nominations beginning with Kenric M. Abnerwise and ending with Lisa A. Toven, Navy nominations beginning with Ben- T. Aban and ending with Franklin R. Zuehl, which nominations were received by the Sen- jamin P. Abbott and ending with Daniel W. which nominations were received by the Sen- ate and appeared in the Congressional Zuckschwerdt, which nominations were re- ate and appeared in the Congressional Record on September 23, 2010. ceived by the Senate and appeared in the Record on September 23, 2010. Army nominations beginning with Paul D. Congressional Record on August 4, 2010. By Mrs. FEINSTEIN for the Select Com- Anderson and ending with Alex P. Navy nomination of Tina F. Edwards, to be mittee on Intelligence. Zotomayor, which nominations were re- Lieutenant Commander. *David B. Buckley, of Virginia, to be In- ceived by the Senate and appeared in the Navy nominations beginning with Joxel spector General, Central Intelligence Agen- Congressional Record on September 23, 2010. Garcia and ending with Larry E. Menestrina, cy.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7618 CONGRESSIONAL RECORD — SENATE September 28, 2010 *Nomination was reported with rec- S. 3854. A bill to expand the definition of SUBMISSION OF CONCURRENT AND ommendation that it be confirmed sub- scheme or artifice to defraud with respect to SENATE RESOLUTIONS ject to the nominee’s commitment to mail and wire fraud; to the Committee on the Judiciary. The following concurrent resolutions respond to requests to appear and tes- and Senate resolutions were read, and tify before any duly constituted com- By Ms. CANTWELL (for herself, Mr. NELSON of Nebraska, Mrs. MURRAY, referred (or acted upon), as indicated: mittee of the Senate. and Mr. SANDERS): (Nominations without an asterisk By Mrs. MURRAY: S. 3855. A bill to amend the Internal Rev- S. Res. 652. A resolution honoring Mr. Al- were reported with the recommenda- fred Lind for his dedicated service to the tion that they be confirmed.) enue Code of 1986 to repeal the limitation on the issuance of new clean renewable energy United States of America during World War f bonds and to terminate eligibility of govern- II as a member of the Armed Forces and a mental bodies to issue such bonds, and for prisoner of war, and for his tireless efforts on INTRODUCTION OF BILLS AND behalf of other members of the Armed Forces JOINT RESOLUTIONS other purposes; to the Committee on Fi- nance. touched by war; considered and agreed to. The following bills and joint resolu- By Mr. LAUTENBERG (for himself and By Mr. BUNNING (for himself, Mr. tions were introduced, read the first Mr. ROCKEFELLER): UDALL of New Mexico, Mr. ALEX- ANDER, Mr. BINGAMAN, Mrs. MURRAY, and second times by unanimous con- S. 3856. A bill to amend title 49, United sent, and referred as indicated: Mr. MCCONNELL, Mr. GRASSLEY, Ms. States Code, to provide for enhanced safety CANTWELL, Mr. REID, Mr. UDALL of By Mr. BROWN of Massachusetts (for and environmental protection in pipeline Colorado, Mr. CORKER, Mr. himself, Ms. SNOWE, Mr. BENNETT, transportation, to provide for enhanced reli- VOINOVICH, and Mr. SCHUMER): Mr. CORKER, Ms. COLLINS, Mr. ability in the transportation of the Nation’s S. Res. 653. A resolution designating Octo- VOINOVICH, Mr. ALEXANDER, and Mr. energy products by pipeline, and for other ber 30, 2010, as a national day of remem- CHAMBLISS): purposes; to the Committee on Commerce, brance for nuclear weapons program work- S. 11. A bill to restore the application of Science, and Transportation. ers; considered and agreed to. the 340B drug discount program to orphan By Mr. DODD (for himself, Mrs. By Mr. BURR (for himself, Mr. WEBB, drugs with respect to children’s hospitals; to SHAHEEN, and Mr. COCHRAN): Mr. BURRIS, and Mrs. MURRAY): the Committee on Health, Education, Labor, S. 3857. A bill to amend the National and S. Res. 654. A resolution designating De- and Pensions. Community Service Act of 1990 to improve cember 18, 2010, as ‘‘Gold Star Wives Day’’; By Mr. MENENDEZ (for himself and the educational awards provided for national considered and agreed to. Mr. GRASSLEY): By Mr. FEINGOLD (for himself and Mr. S. 3848. A bill to amend part D of title IV service; to the Committee on Health, Edu- DURBIN): of the Social Security Act to improve the en- cation, Labor, and Pensions. S. Res. 655. A resolution designating No- forcement, collection, and administration of By Mr. LEAHY (for himself, Mrs. vember 2010 as ‘‘Stomach Cancer Awareness child support payments, and for other pur- GILLIBRAND, and Mr. SCHUMER): Month’’ and supporting efforts to educate poses; to the Committee on Finance. S. 3858. A bill to improve the H–2A agricul- the public about stomach cancer; considered By Mr. KERRY (for himself, Mr. DUR- tural worker program for use by dairy work- and agreed to. BIN, Mr. CASEY, Mr. BROWN of Ohio, ers, sheepherders, and goat herders, and for By Mr. KAUFMAN (for himself, Mr. Mr. BINGAMAN, Mr. BURRIS, Mr. HAR- other purposes; to the Committee on the Ju- REID, Mr. BAUCUS, Mr. ROCKEFELLER, KIN, Mr. LEAHY, Mr. MENENDEZ, Mr. diciary. and Mr. AKAKA): REED, Mr. DODD, Mrs. BOXER, Mr. By Mr. INOUYE: S. Res. 656. A resolution expressing support SCHUMER, and Mr. LAUTENBERG): S. 3849. A bill to extend the Emergency S. 3859. A bill to express the sense of the for the inaugural USA Science & Engineer- Contingency Fund for State Temporary As- Senate concerning the establishment of Doc- ing Festival; considered and agreed to. sistance for Needy Families Program, and tor of Nursing Practice and Doctor of Phar- By Mr. REID (for himself, Mr. ENSIGN, for other purposes; to the Committee on Fi- macy dual degree programs; to the Com- and Mrs. FEINSTEIN): nance. mittee on Health, Education, Labor, and S. Res. 657. A resolution celebrating the Pensions. 75th anniversary of the dedication of the By Mr. REID (for Mrs. LINCOLN): S. 3850. A bill to amend the Toxic Sub- By Mrs. MCCASKILL (for herself, Mr. Hoover Dam; considered and agreed to. stances Control Act to clarify the jurisdic- BROWN of Massachusetts, Mr. By Mr. DODD (for himself, Mr. GRASS- tion of the Environmental Protection Agen- LIEBERMAN, Ms. COLLINS, and Mr. LEY, Mr. BROWN of Ohio, Mr. CORNYN, cy with respect to certain sporting good arti- BURR): Mr. LEVIN, Mr. LIEBERMAN, Mr. cles, and to exempt those articles from a def- S. 3860. A bill to require reports on the PRYOR, Mr. ROCKEFELLER, and Mrs. inition under that Act; to the Committee on management of Arlington National Ceme- MURRAY): Environment and Public Works. tery; to the Committee on Veterans’ Affairs. S. Res. 658. A resolution designating the By Mr. DORGAN: By Mrs. BOXER (for herself, Ms. week beginning October 17, 2010, as ‘‘Na- tional Character Counts Week’’; considered S. 3851. A bill to clarify the relationship of KLOBUCHAR, Mr. LAUTENBERG, and and agreed to. the policies of sports leagues or associations Mr. NELSON of Florida): and provisions of State or local law regard- By Mr. DODD (for himself, Mr. ENSIGN, ing the use of performance-enhancing drugs S. 3861. A bill to direct the Administrator Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, in interstate competition; to the Committee of the Environmental Protection Agency to Mr. COCHRAN, Mr. SPECTER, Mr. on Commerce, Science, and Transportation. investigate and address cancer and disease WHITEHOUSE, Ms. SNOWE, Mr. SAND- By Mrs. HAGAN (for herself and Mr. clusters, including in infants and children; to ERS, Mr. NELSON of Nebraska, Mr. the Committee on Environment and Public MENENDEZ): LAUTENBERG, Mr. CARPER, Mrs. S. 3852. A bill to authorize grants to pro- Works. GILLIBRAND, Mrs. MURRAY, Mr. BURR, mote media literacy and youth empower- By Mr. WHITEHOUSE: and Mrs. BOXER): ment programs, to authorize research on the S. 3862. A bill to amend the Oil Pollution S. Res. 659. A resolution supporting role and impact of depictions of girls and Act of 1990 to facilitate the ability of persons ‘‘Lights on Afterschool’’, a national celebra- women in the media, to provide for the es- affected by oil spills to seek judicial redress; tion of afterschool programs; considered and tablishment of a National Task Force on to the Committee on Environment and Pub- agreed to. Girls and Women in the Media, and for other lic Works. By Mr. KAUFMAN (for himself and Mr. purposes; to the Committee on Health, Edu- By Mr. ROCKEFELLER: LUGAR): cation, Labor, and Pensions. S. Res. 660. A resolution expressing support S. 3863. A bill to designate certain Federal By Mr. CARPER (for himself, Mr. WAR- for a public diplomacy program promoting land within the Monongahela National For- NER, Mr. AKAKA, Ms. COLLINS, Mr. advancements in science, technology, engi- est as a component of the National Wilder- VOINOVICH, and Mr. LIEBERMAN): neering, and mathematics made by or in S. 3853. A bill to modernize and refine the ness Preservation System, and for other pur- partnership with the people of the United requirements of the Government Perform- poses; to the Committee on Energy and Nat- States; considered and agreed to. ance and Results Act of 1993, to require quar- ural Resources. By Mr. REID (for himself and Mr. By Mr. BAUCUS (for himself and Mr. terly performance reviews of Federal policy MCCONNELL): and management priorities, to establish TESTER): S. Res. 661. A resolution to authorize rep- Chief Operating Officers, Performance Im- S. 3864. A bill to remove a portion of the resentation by the Senate Legal Counsel in provement Officers, and the Performance Im- distinct population segment of the Rocky the case of McCarthy v. Byrd, et al; consid- provement Council, and for other purposes; Mountain gray wolf from the list of threat- ered and agreed to. to the Committee on Homeland Security and ened species or the list of endangered species By Mr. UDALL of Colorado: Governmental Affairs. published under the Endangered Species Act S. Res. 662. A resolution to amend the By Mr. LEAHY (for himself, Mr. of 1973, and for other purposes; to the Com- Standing Rules of the Senate to reform the WHITEHOUSE, and Mr. KAUFMAN): mittee on Environment and Public Works. filibuster rules to improve the daily process

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7619 of the Senate; to the Committee on Rules 2844, a bill to amend title 18, United kota (Mr. JOHNSON) was added as a co- and Administration. States Code, to improve the terrorist sponsor of S. 3543, a bill to amend title f hoax statute. XVIII of the Social Security Act to ex- ADDITIONAL COSPONSORS S. 3036 pand access to medication therapy At the request of Mr. BAYH, the name management services under the Medi- S. 455 of the Senator from Delaware (Mr. care prescription drug program. At the request of Mr. ROBERTS, the S. 3568 names of the Senator from Tennessee KAUFMAN) was added as a cosponsor of At the request of Mr. NELSON of Flor- (Mr. CORKER), the Senator from Ken- S. 3036, a bill to establish the Office of ida, the name of the Senator from Cali- tucky (Mr. BUNNING), the Senator from the National Alzheimer’s Project. fornia (Mrs. BOXER) was added as a co- Wisconsin (Mr. KOHL), the Senator S. 3184 sponsor of S. 3568, a bill to amend the from New Hampshire (Mrs. SHAHEEN), At the request of Mrs. BOXER, the and the Senator from Wyoming (Mr. names of the Senator from Ohio (Mr. Trade Act of 1974 to create a Citrus ENZI) were added as cosponsors of S. BROWN) and the Senator from Missouri Disease Research and Development 455, a bill to require the Secretary of (Mr. BOND) were added as cosponsors of Trust Fund to support research on dis- the Treasury to mint coins in recogni- S. 3184, a bill to provide United States eases impacting the citrus industry, tion of 5 United States Army Five-Star assistance for the purpose of eradi- and for other purposes. Generals, George Marshall, Douglas cating severe forms of trafficking in S. 3666 MacArthur, Dwight Eisenhower, Henry children in eligible countries through At the request of Mr. CARDIN, the ‘‘Hap’’ Arnold, and Omar Bradley, the implementation of Child Protec- name of the Senator from Massachu- alumni of the United States Army tion Compacts, and for other purposes. setts (Mr. KERRY) was added as a co- Command and General Staff College, S. 3398 sponsor of S. 3666, a bill to authorize Fort Leavenworth, Kansas, to coincide At the request of Mr. BAUCUS, the certain Department of State personnel, with the celebration of the 132nd Anni- name of the Senator from New Jersey who are responsible for examining and versary of the founding of the United (Mr. LAUTENBERG) was added as a co- processing United States passport ap- States Army Command and General sponsor of S. 3398, a bill to amend the plications, to be able to access certain Staff College. Internal Revenue Code of 1986 to extend Federal, State, and other databases, for S. 658 the work opportunity credit to certain the purpose of verifying the identity of At the request of Mr. TESTER, the recently discharged veterans. a passport applicant, to reduce the in- name of the Senator from Maine (Ms. cidence of fraud, to require the authen- S. 3434 COLLINS) was added as a cosponsor of S. tication of identification documents At the request of Mr. BINGAMAN, the 658, a bill to amend title 38, United submitted by passport applicants, and name of the Senator from California States Code, to improve health care for for other purposes. (Mrs. BOXER) was added as a cosponsor veterans who live in rural areas, and S. 3694 of S. 3434, a bill to provide for the es- for other purposes. At the request of Ms. CANTWELL, the tablishment of a Home Star Retrofit S. 799 name of the Senator from Connecticut Rebate Program, and for other pur- At the request of Mr. DURBIN, the (Mr. LIEBERMAN) was added as a co- poses. name of the Senator from Ohio (Mr. sponsor of S. 3694, a bill to prohibit the BROWN) was added as a cosponsor of S. S. 3447 conducting of invasive research on 799, a bill to designate as wilderness At the request of Mr. AKAKA, the great apes, and for other purposes. names of the Senator from South Da- certain Federal portions of the red S. 3709 kota (Mr. JOHNSON), the Senator from rock canyons of the Colorado Plateau At the request of Mr. WHITEHOUSE, Connecticut (Mr. DODD), and the Sen- and the Great Basin Deserts in the the name of the Senator from Maine State of Utah for the benefit of present ator from New York (Mr. SCHUMER) (Ms. SNOWE) was added as a cosponsor were added as cosponsors of S. 3447, a and future generations of people in the of S. 3709, a bill to amend the Public bill to amend title 38, United States United States. Health Services Act and the Social Se- Code, to improve educational assist- S. 1553 curity Act to extend health informa- ance for veterans who served in the At the request of Mr. GRASSLEY, the tion technology assistance eligibility Armed Forces after September 11, 2001, name of the Senator from New Mexico to behavioral health, mental health, DALL and for other purposes. (Mr. U ) was added as a cosponsor and substance abuse professionals and of S. 1553, a bill to require the Sec- S. 3501 facilities, and for other purposes. retary of the Treasury to mint coins in At the request of Mr. HATCH, the commemoration of the National Fu- S. 3723 names of the Senator from Texas (Mrs. At the request of Mr. MCCONNELL, his ture Farmers of America Organization HUTCHISON) and the Senator from Wyo- and the 85th anniversary of the found- name was added as a cosponsor of S. ming (Mr. ENZI) were added as cospon- 3723, a bill to prohibit taxpayer funding ing of the National Future Farmers of sors of S. 3501, a bill to protect Amer- America Organization. of insurance plans or health care pro- ican job creation by striking the job- grams that cover abortion. S. 1619 killing Federal employer mandate. At the request of Mr. DODD, the name S. 3725 S. 3502 of the Senator from New Hampshire At the request of Mr. WYDEN, the At the request of Mr. HATCH, the (Mrs. SHAHEEN) was added as a cospon- names of the Senator from Vermont name of the Senator from Wyoming sor of S. 1619, a bill to establish the Of- (Mr. LEAHY), the Senator from (Mr. ENZI) was added as a cosponsor of fice of Sustainable Housing and Com- Vermont (Mr. SANDERS) and the Sen- munities, to establish the Interagency S. 3502, a bill to restore Americans’ in- ator from Ohio (Mr. BROWN) were added Council on Sustainable Communities, dividual liberty by striking the Federal as cosponsors of S. 3725, a bill to pre- to establish a comprehensive planning mandate to purchase insurance. vent the importation of merchandise grant program, to establish a sustain- S. 3517 into the United States in a manner ability challenge grant program, and At the request of Mr. AKAKA, the that evades antidumping and counter- for other purposes. name of the Senator from New York vailing duty orders, and for other pur- S. 1787 (Mr. SCHUMER) was added as a cospon- poses. At the request of Mr. BINGAMAN, the sor of S. 3517, a bill to amend title 38, S. 3741 name of the Senator from New Mexico United States Code, to improve the At the request of Mrs. HAGAN, the (Mr. UDALL) was added as a cosponsor processing of claims for disability com- name of the Senator from Alabama of S. 1787, a bill to reauthorize the Fed- pensation filed with the Department of (Mr. SESSIONS) was added as a cospon- eral Land Transaction Facilitation Veterans Affairs, and for other pur- sor of S. 3741, a bill to provide U.S. Cus- Act, and for other purposes. poses. toms and Border Protection with au- S. 2844 S. 3543 thority to more aggressively enforce At the request of Mr. GRASSLEY, his At the request of Mrs. HAGAN, the trade laws relating to textile or ap- name was added as a cosponsor of S. name of the Senator from South Da- parel articles, and for other purposes.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7620 CONGRESSIONAL RECORD — SENATE September 28, 2010 S. 3751 (Mr. LIEBERMAN) and the Senator from AKAKA) was added as a cosponsor of S. At the request of Mr. HATCH, the Connecticut (Mr. DODD) were added as Res. 644, a resolution designating the name of the Senator from Kansas (Mr. cosponsors of S. 3813, a bill to amend week beginning October 10, 2010, as BROWNBACK) was added as a cosponsor the Public Utility Regulatory Policies ‘‘National Wildlife Refuge Week’’. of S. 3751, a bill to amend the Stem Cell Act of 1978 to establish a Federal re- Therapeutic and Research Act of 2005. newable electricity standard, and for f S. 3756 other purposes. STATEMENTS ON INTRODUCED At the request of Mr. REID, his name S. 3815 BILLS AND JOINT RESOLUTIONS was added as a cosponsor of S. 3756, a At the request of Mr. REID, the name bill to amend the Communications Act of the Senator from Utah (Mr. HATCH) By Mr. BROWN of Massachusetts of 1934 to provide public safety pro- was withdrawn as a cosponsor of S. (for himself, Ms. SNOWE, Mr. viders an additional 10 megahertz of 3815, a bill to amend the Internal Rev- BENNETT, Mr. CORKER, Ms. COL- spectrum to support a national, inter- enue Code of 1986 to reduce oil con- LINS, Mr. VOINOVICH, Mr. ALEX- operable wireless broadband network sumption and improve energy security, ANDER, and Mr. CHAMBLISS): and authorize the Federal Communica- and for other purposes. S. 11. A bill to restore the application tions Commission to hold incentive S. 3841 of the 340B drug discount program to auctions to provide funding to support At the request of Mr. KYL, the names orphan drugs with respect to children’s such a network, and for other purposes. of the Senator from California (Mrs. hospitals; to the Committee on Health, S. 3759 FEINSTEIN), the Senator from Maine Education, Labor, and Pensions. At the request of Mr. BINGAMAN, the (Ms. COLLINS), the Senator from Geor- Mr. BROWN of Massachusetts. Mr. name of the Senator from New Hamp- gia (Mr. ISAKSON) and the Senator from President, I come to the floor today to shire (Mrs. SHAHEEN) was added as a co- Louisiana (Mr. VITTER) were added as speak about a bill that I am intro- sponsor of S. 3759, a bill to amend the cosponsors of S. 3841, a bill to amend ducing today along with several of my Energy Policy Act of 2005 to authorize title 18, United States Code, to prohibit Senate colleagues. My bill protects the the Secretary of Energy to issue condi- the creation, sale, distribution, adver- lives of the most vulnerable among us tional commitments for loan guaran- tising, marketing, and exchange of ani- our Nation’s children by ensuring chil- tees under certain circumstances. mal crush videos that depict obscene dren’s hospitals across the country are acts of animal cruelty, and for other able to purchase orphan drugs at a dis- S. 3786 purposes. count. At the request of Mr. KERRY, the At the request of Mr. JOHANNS, his I am pleased to be joined by my col- names of the Senator from Wisconsin name was added as a cosponsor of S. leagues: Senators SNOW, BENNETT, (Mr. FEINGOLD), the Senator from Mon- 3841, supra. CORKER, COLLINS, VOINOVICH, ALEX- tana (Mr. TESTER) and the Senator S. CON. RES. 39 ANDER, and CHAMBLISS today, to stand from Iowa (Mr. HARKIN) were added as together to provide for and protect the cosponsors of S. 3786, a bill to amend At the request of Mr. MENENDEZ, the ability of children’s hospitals to access the Internal Revenue Code of 1986 to name of the Senator from Rhode Island medicines for their patients at a re- permit the Secretary of the Treasury (Mr. WHITEHOUSE) was added as a co- duced price. to issue prospective guidance clari- sponsor of S. Con. Res. 39, a concurrent fying the employment status of indi- resolution expressing the sense of the As my colleagues are aware, access Congress that stable and affordable viduals for purposes of employment to orphan drugs are critically impor- housing is an essential component of taxes and to prevent retroactive assess- tant to children, many of whom, if an effective strategy for the preven- ments with respect to such clarifica- they are ill, suffer from rare disease or tion, treatment, and care of human im- tions. conditions. Orphan drugs, by defini- munodeficiency virus, and that the tion, are designed and developed to S. 3789 United States should make a commit- help and treat diseases or conditions At the request of Mrs. FEINSTEIN, the ment to providing adequate funding for that affect fewer than 200,000 people, name of the Senator from Oklahoma the development of housing as a re- many of whom are children. On a daily (Mr. COBURN) was added as a cosponsor sponse to the acquired immuno- basis, the Children’s Hospital of Boston of S. 3789, a bill to limit access to so- deficiency syndrome pandemic. uses most of the 347 medicines that are cial security account numbers. S. CON. RES. 71 designated orphan drugs. S. 3790 At the request of Mr. FEINGOLD, the The bill my colleagues and I are in- At the request of Mr. JOHANNS, his name of the Senator from Pennsyl- troducing today restores and protects name was added as a cosponsor of S. vania (Mr. CASEY) was added as a co- the ability for children’s hospitals to 3790, a bill to amend title 5, United sponsor of S. Con. Res. 71, a concurrent access those outpatient medicines States Code, to provide that persons resolution recognizing the United through the 340B drug discount pro- having seriously delinquent tax debts States national interest in helping to gram authorized in the Public Health shall be ineligible for Federal employ- prevent and mitigate acts of genocide Services Act. Access to this program ment. and other mass atrocities against civil- and the corresponding discount saves S. 3794 ians, and supporting and encouraging the Children’s Hospital of Boston near- At the request of Mr. LEAHY, the efforts to develop a whole of govern- ly $3 million annually, but more impor- name of the Senator from Hawaii (Mr. ment approach to prevent and mitigate tantly, Children’s Hospital of Boston is AKAKA) was added as a cosponsor of S. such acts. able to save lives as a result. Hospitals 3794, a bill to amend chapter 5 of title S. CON. RES. 72 and doctors at children’s hospitals are 40, United States Code, to include orga- At the request of Mr. BROWNBACK, the able to access life-saving medicines, nizations whose membership comprises name of the Senator from Rhode Island children live better lives, and families substantially veterans as recipient or- (Mr. REED) was added as a cosponsor of are given a piece of mind. ganizations for the donation of Federal S. Con. Res. 72, a concurrent resolution Passing this bill quickly is the right surplus personal property through recognizing the 45th anniversary of the thing to do and I encourage the Senate State agencies. White House Fellows Program. to act swiftly to enact my legislation S. 3813 S. RES. 644 to ensure that children’s hospitals can At the request of Mr. BINGAMAN, the At the request of Mr. KAUFMAN, the once again receive discounted pricing names of the Senator from Connecticut name of the Senator from Hawaii (Mr. on these life-saving medicines.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7621 There is no cause for delay. The legislation, but none of these bills have been ing wholesale prices for orphan drugs. Or- House has passed this restorative lan- signed into law. We thank you for your ef- phan drugs, i.e. drugs developed to treat a guage twice already. The Senate needs forts to date to fix this problem and respect- disease that afflicts relatively few, are wide- to do the same. fully ask for your continued help in ensuring ly used in children’s hospitals, given their another legislative vehicle for the prompt role in caring for the sickest children with I believe quick passage is possible passage of a technical correction restoring the most complex health care needs. In addi- quick passage should be possible be- the children’s hospitals’ ability to fully par- tion, orphan drugs may also be used more cause of the support and efforts that I ticipate in the 340B drug discount program. widely in treating other diseases or condi- have seen demonstrated by my fellow Children’s hospitals use on a daily basis tions. Indeed, Children’s Hospital Boston Senators. most of the 347 drugs that have received or- currently uses most of the 347 drugs with or- Senator SHERROD BROWN has been a phan drug status. The hospitals partici- phan drug status on a daily basis. thoughtful leader on this issue and I pating in the 340B drug discount program The Massachusetts Biotechnology Council have achieved significant savings. They esti- respect and admire him for his work. (MassBio), which represents more than 600 mate that those savings would be reduced biotechnology companies, universities and Because of his leadership and persever- dramatically with the orphan drug exemp- academic institutions dedicated to advanc- ance, he was able to secure the support tion. If the exemption is not corrected, the ing cutting edge research, urges a correction of sixteen Democratic Senators in children’s hospitals will have to pay whole- to this problem. As you likely know, the favor of this legislation, all of whom sale prices for these drugs or leave the 340B focus of MassBio is to foster an environment signed a letter to the Majority Leader, program. in the state where biotechnology companies expressing their support to restore ac- We would appreciate your continued sup- can succeed. For MassBio, as well as the port to ensure that children’s hospitals do member companies, true success means that cess to this very important program. not lose the critical benefit provided by the I am hopeful that Senator SHERROD research and development leads to treat- 340B program. ments that reach the most vulnerable pa- BROWN and I can continue to work Sincerely, tients in our state. As such, it is critical that across party lines and with all of our Sherrod Brown; John F. Kerry; Joseph I. institutions like Children’s Hospital Boston colleagues to reach agreement and find Lieberman; ———; Al Franken; Amy have ready access to the pharmaceuticals resolution on this. Klobuchar; Mary L. Landrieu; Debbie they need to treat seriously ill children. My door is always open to my col- Stabenow; ; Kirsten E. As the months pass and denials of dis- leagues who are willing to work to- Gillibrand; Christopher J. Dodd; Robert counts for orphan drugs begin, we are grave- gether to solve common problems. In P. Casey, Jr.; Carl Levin; Dianne Fein- ly concerned about the cost impact of this stein; Herb Kohl; Arlen Specter; Bar- mistake on Children’s Hospital Boston. The this instance, our Nation’s children de- bara Boxer. serve that we come together and pro- hospital employs more than 8,000 people, treats thousands of very sick children annu- tect their access to medicines that will CHILDREN’S HOSPITAL BOSTON, ally and is the safety-net provider for Massa- save their lives. Boston, MA, August 24, 2010. chusetts children. Children’s has worked dili- Mr. President, I ask unanimous con- Senator SCOTT BROWN, gently in coordination with insurers and oth- sent that the text of the bill and let- Russell Senate Office Building, ers in the industry to reduce health care ters of support be printed in the Washington, DC. costs and improve efficiency. DEAR SENATOR BROWN: We write with ur- RECORD. Without immediate legislative action, gency to request your leadership on a press- Children’s Hospital Boston will be forced to There being no objection, the mate- ing issue facing Children’s Hospital Boston. rial was ordered to be printed in the withdraw from this cost saving, health care An unintentional error in the Health Care enhancing program. As leaders in the Massa- RECORD, as follows: Education and Reconciliation Act (HCERA) chusetts health care industry and partners S. 11 is threatening children’s hospitals access to in improving community health, we ask you Be it enacted by the Senate and House of Rep- discounts on orphan drugs through the drug to take a leadership role in the correction of resentatives of the United States of America in discount program authorized under section the issue. Corrective language was included Congress assembled, 340B of the Public Health Service Act. in the two tax extenders bills that passed in The 340B program allows a number of safe- SECTION 1. CONTINUED INCLUSION OF ORPHAN the House. However, the language, while ty net providers to purchase outpatient DRUGS IN DEFINITION OF COVERED uncontroversial, has not been included in pharmaceuticals at discounted rates, thereby OUTPATIENT DRUGS WITH RESPECT any legislation that has passed the Senate. TO CHILDREN’S HOSPITALS UNDER expanding access to care to low income and We hope that you will agree to serve as an THE 340B DRUG DISCOUNT PRO- vulnerable populations. The program saves original cosponsor of the legislation drafted GRAM. Children’s Hospital Boston between $1.5 and by Senator Sherrod Brown (attached) and (a) AMENDMENT.—Subsection (e) of section $3 million annually and is of no cost to the contact the Majority and Minority leader- 340B of the Public Health Service Act (42 government. Participation in this program ship in the Senate to insist that this issue U.S.C. 256b) is amended by striking ‘‘covered has made it possible for the hospital to con- not be tied up in politics. entities described in subparagraph (M)’’ and trol costs in a challenging environment and Sincerely, inserting ‘‘covered entities described in sub- ensure patient access to outpatient drugs, JAMES MANDELL, MD, paragraph (M) (other than a children’s hos- such as Botox (used to reduce spasticity in CEO, Children’s Hos- pital described in subparagraph (M))’’. patients with cerebral palsy and other neuro- pital Boston. (b) EFFECTIVE DATE.—The amendment logical disorders) and Rituximab (used to ROBERT K. COUGHLIN, made by subsection (a) shall take effect as if treat non-Hodgkins lymphoma and to allevi- President & CEO, included in the enactment of section 2302 of ate the effects of severe juvenile arthritis). MassBio. the Health Care and Education Reconcili- Children’s hospitals were included in the ation Act of 2010 (Public Law 111–152). 340B program through an amendment to By Mr. KERRY (for himself, Mr. Medicaid in the Deficit Reduction Act of U.S. SENATE, 2005. Federal guidance enabling them to en- DURBIN, Mr. CASEY, Mr. BROWN Washington, DC, August 5, 2010. roll in the program was finally published in of Ohio, Mr. BINGAMAN, Mr. Hon. HARRY REID, September 2009, and 25 children hospitals, in- BURRIS, Mr. HARKIN, Mr. LEAHY, Majority Leader, U.S. Senate, Hart Senate Of- cluding Children’s Hospital Boston, are now Mr. MENENDEZ, Mr. REED, Mr. fice Building, Washington, DC. participating. The Patient Protection & Af- DODD, Mrs. BOXER, Mr. SCHU- DEAR MAJORITY LEADER REID: We are writ- fordable Care Act (PPACA) added some new MER, and Mr. LAUTENBERG): ing to ask that a technical correction to Sec- types of hospitals as eligible entities to the S. 3849. A bill to extend the Emer- tion 2302 of the Health Care and Education 340B statute and also included the children’s gency Contingency Fund for State Reconciliation Act (HCERA) be provided at hospitals so that they would be subject to the earliest opportunity. The Section ex- same regulatory requirements as other eligi- Temporary Assistance for Needy Fami- empted orphan drugs from required dis- ble providers. When HCERA amended the lies Program, and for other purposes; counts for newly eligible entities added to PPACA with a last minute provision exempt- to the Committee on Finance. the 340B statute under the Act. PPS-exempt ing orphan drugs from discounts received by Mr. KERRY. Mr. President, I come to children’s hospitals were included among all of the newly eligible providers, children’s the floor today to support extending a these entities, when in fact they were al- hospitals were unfortunately included, even critically needed program that pro- ready eligible for and participating in the though they were already eligible for and vides hope to 250,000 of our poorest 340B program. participating in the 34013 program. families. Since the HCERA provision was effective Without a technical correction restoring upon enactment, it is imperative that a ret- 340B discounts for orphan drugs, Children’s I am joined by Senators DURBIN, roactive correction be made as soon as pos- Hospital Boston is facing the loss of most of CASEY, SHERROD BROWN, BINGAMAN, sible. Both the House and Senate have in- its savings from the 340B program and the BURRIS, HARKIN, LEAHY, BOXER, MENEN- cluded this correction in various pieces of choice of either leaving the program or pay- DEZ, REED and DODD in offering the Job

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7622 CONGRESSIONAL RECORD — SENATE September 28, 2010 Preservation for Parents in Poverty cash grant they can receive from the roof at the same time. We are seeing, Act, which simply provides a 3-month state is just $578 a month. Massachu- in short, the real impact of this hor- extension of the Temporary Assistance setts also uses the fund to provide rific recession. for Needy Families, TANF, Emergency emergency shelter and related services One of the best ways to deal with Contingency Fund. The $500 million in to 3,000 homeless families. that crisis is to have an extension of an funding needed to pay for this exten- An extension of the TANF Emer- important program that we refer to in sion is offset with corresponding reduc- gency Fund would provide Massachu- Pennsylvania as the Pennsylvania Way tions to the regular TANF Contingency setts with federal assistance to accom- to Work Program. It is helping keep Fund in fiscal year 2012. modate the 10 percent TANF caseload people out of poverty and providing We have suffered through the worst increase we have experienced since the people with jobs; in this case, 12,000 recession since the great depression. start of the recession. It would enable people in Pennsylvania. I could go Just this month, the Census Bureau re- the State to preserve and maintain down the list of other States as well, ported that nearly 44 million Ameri- critical services for our poorest citi- but I won’t. In our State, 12,864 adults cans—1 in 7—lived in poverty last year. zens during these difficult economic have been helped by this program as This represents the largest number of times. well as summer youth, more than 7,800, Americans living in poverty since the If Congress does not immediately act, for a total of 20,718. Census Bureau began keeping these tens of thousands of jobs will be lost. It is fully offset. If we don’t extend statistics 51 years ago. Businesses will lose access to critical it, in many, if not most, States, these The TANF Emergency Fund was cre- employment support programs, and the programs will be shut down. It is work- ated as part of the Recovery Act en- lives of our poorest families will be ing. It is not only creating jobs, it is acted last year to provide temporary, made even more difficult. keeping people out of poverty because targeted, emergency spending that Extending the TANF Emergency they are working. I would think every- combats the recession by helping to Contingency Fund is a common-sense one would want to support programs create jobs for our poorest families. It policy that enjoys broad support from that are working and keeping people gave States funds to subsidize jobs for public officials, private experts, and bi- out of poverty. low-income parents and older youth partisan organizations, including: It is critically important that we ex- and to provide basic cash assistance Mark Zandi, Chief Economist at tend the program. I am grateful for the and short-term benefits to the increas- Moody’s Analytics; the National Gov- help our assistant majority leader, ernors Association; the National Con- ing numbers of poor families with chil- Senator DURBIN, has provided. ference of State Legislators; the Amer- dren. It addresses the emergency needs I yield the floor. of low-income families that are strug- ican Public Human Services Associa- The PRESIDING OFFICER. The Sen- gling in the recession. tion; and the National Association of At least 36 States have used TANF State TANF Administrators. I ask all ator from Illinois. Emergency Contingency Funds to cre- my colleagues to support this legisla- Mr. DURBIN. Mr. President, I thank ate or expand subsidized employment tion. my colleague from the Commonwealth programs. States have used this fund Mr. CASEY. Mr. President, I rise to of Pennsylvania for speaking out for to create subsidized jobs in the private speak about a piece of legislation just this important program. I know there and public sectors during the depth of introduced, S. 3849, the Job Preserva- are many jobs in his State which are at the recession. By the time it expires at tion for Parents in Poverty Act, which stake with this decision by the Senate. the end of September, the fund will is simply an extension of a program There are some 26,000 jobs in Illinois have created approximately 250,000 jobs that has placed tens of thousands of that hinge on a decision made by the for low-income Americans who would people into jobs in this recession and is Senate as to whether we extend this otherwise be unemployed. Nearly all of working. We want to make sure it is program. What we are discussing this these jobs will be eliminated if the pro- extended because of how effective it afternoon gets down to the heart of the gram is not extended with additional has been to help people find and keep question: Will we do everything in our funds. jobs. This legislation is fully offset. I power to help Americans find work, If this worthy program is allowed to wish to spend a couple minutes talking particularly those who have struggled end on Thursday, these States will no about the provisions that make it so so hard in the past? Will we give them longer be able to use the TANF Emer- effective. a chance to continue working in many gency Fund to subsidize employment First, I thank a number of Senators instances or to find work? It is an im- and provide basic cash assistance to who have led the fight—Senator portant choice. struggling families to help with hous- KERRY, as well as our assistant major- Here we have a stark example of this ing and heating bills, domestic vio- ity leader, Senator DURBIN, for the choice in the fate of a program called lence services, and transportation work they have done, as well as oth- the TANF Emergency Contingency costs. This will hurt our economy be- ers—and for the testimony we received Fund. In my State, we call this pro- cause families on TANF have to spend from people across the country. I know gram Put Illinois to Work. It helps nearly all of the money they receive to in my case one person who spent a good States subsidize the cost of hiring meet their basic needs. This will reduce deal of time making it clear to me and workers in mostly private sector jobs. demand for the goods and services, par- to others across southern Pennsylvania This small program has had a huge ticularly in low-income communities. and even across the State about the ef- impact in Illinois. Nearly 250,000 jobs Massachusetts relies on the TANF fectiveness of this program was Mayor have been created in 37 States. It is a Emergency Contingency Fund to main- Nutter of Philadelphia who, like any program that everyone of both polit- tain the key existing safety net pro- mayor in the country in the middle of ical parties should support. Rather grams for cash assistance, emergency a recession, doesn’t have the luxury of than paying people to do nothing, this housing, rental vouchers, employment dealing with programs that don’t work. program helps private companies hire and training services, child care, and He can only support and endorse pro- the employees they need but can’t other initiatives to support low-income grams that are working to create jobs. quite afford. Yet Republicans, at least families getting back to work. In a city such as Philadelphia, which to this point, are saying we should not In Massachusetts, the Emergency still has a high unemployment rate, extend this program past this Thurs- Fund is used to provide TANF cash as- Mayor Nutter has relied upon this pro- day. The end of this program in my sistance to more than 50,000 low-in- gram, which is a rapid attachment ef- State means the loss of thousands of come families in the Bay State each fort to create jobs and keep people in jobs. I think the only reason there is month. To qualify for this assistance, a those jobs. opposition to this is the fact that it family of three must have income less We know the unemployment rates was originally conceived and offered to than $1,069 a month. Let me repeat are intolerably too high. In our State the Senate in the President’s Recovery that. To qualify for this assistance a we have 585,000 people out of work, just Act. family of three must have income of about 9.5 percent unemployment. Our Though many on the other side of the less than $1,069 a month. The maximum poverty figures are going through the aisle have taken a party-line position

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7623 that they will oppose that act no mat- The PRESIDING OFFICER. Is there tion manufacturing for their liveli- ter what it did is unfortunate, particu- objection? hoods. Companies like Remington in larly for people who are just trying to Mr. ENZI. Mr. President, reserving Lonoke, Arkansas employ over 20,000 find a way to survive in a very tough the right to object, and I will object, Arkansans. The 5,500 manufacturers of economy. Many of them earn $10 an the majority has known this program firearms and ammunition and almost hour. These are not jobs on which one was going to expire at the end of this one million people working in sport could get rich. They can survive on month all year and has taken no steps fishing do not need EPA taking aim at these jobs. We are trying to make sure to reauthorize this important social their industry. these people have an opportunity to safety net program. We are also in the My bill simply clarifies that the com- survive. This is a stimulus that works. position of having to pass an extension ponents used in manufacturing shells, Who would argue with the concept or of TANF. I am not sure the Senator cartridges, and fishing tackle are ex- premise that putting people to work is from Illinois is aware that the chair- empt from EPA regulation under the a lot better than paying them to do man and ranking member of the Fi- Toxic Substances Control Act. Taking nothing? nance Committee have put together a this simple step will provide certainty Senator of Massachu- bipartisan 1-year extension of TANF. I to these critical industries and prevent setts has a simple bill that would ex- object. EPA and activist litigators from drag- tend the jobs program by 3 months, but The PRESIDING OFFICER. Objec- ging this issue out through the courts it is fully paid for by reducing the tion is heard. for years. TANF program’s future budget. The ar- I am confident that the sporting community will continue to work with gument that it adds to the deficit does By Mr. REID (for Mrs. LINCOLN): the Fish and Wildlife Service and State not work. It doesn’t add to the deficit. S. 3850. A bill to amend the Toxic Fish and Wildlife agencies to address It is paid for by future budgetary com- Substances Control Act to clarify the issues around lead ammunition where mitments. I am afraid that still we will jurisdiction of the Environmental Pro- tection Agency with respect to certain and when the facts warrant it. But find an objection from the other side of Congress must act to preserve our the aisle. They have objected to con- sporting good articles, and to exempt those articles from a definition under hunting and fishing traditions by en- tinuing this program on the continuing suring access to affordable, vital tools resolution which more or less keeps that Act; to the Committee on Envi- ronment and Public Works. our hunters and anglers rely on. government in business while we are in There being no objection, the text of Mrs. LINCOLN. Mr. President, I rise recess. the bill was ordered to be printed in today to introduce a bill which will Mr. President, 26,000 jobs are at stake the RECORD, as follows: protect the great American traditions in Illinois, and losing that many jobs S. 3850 would hurt my State. We already have of hunting, fishing, and recreational shooting from actions that will drive Be it enacted by the Senate and House of Rep- an unemployment rate of over 10 per- resentatives of the United States of America in cent. Governor Pat Quinn is trying to up the costs of participation and di- Congress assembled, figure out how to save some of these rectly impact employment across the SECTION 1. SHORT TITLE. jobs, but it is difficult with the budg- country. Recently, extremist groups This Act may be cited as the ‘‘Hunting, etary problems we face in the State have filed a petition with the U.S. EPA Fishing and Recreational Shooting Protec- capital. It is not just Illinois that to prohibit the use of lead in the manu- tion Act’’. would suffer; 110,000 jobs would be lost facturing of ammunition and fishing SEC. 2. MODIFICATION OF DEFINITION. in States represented by Republican tackle. This effort would not only drive Section 3(2)(B) of the Toxic Substances up the cost of ammunition and fishing Control Act (15 U.S.C. 2602(2)(B)) is amend- Senators: 40,000 in Texas, which is rep- ed— resented by two Republican Senators; tackle, but would, as a direct result, (1) by striking ‘‘(B) Such term does not in- 20,000 in Georgia, represented by two drive down the number of people able clude—’’ and inserting the following: Republican Senators; 10,000 in Ken- to participate in these activities and ‘‘(B) EXCLUSIONS.—The term ‘chemical sub- tucky, 10,000 people who will lose work directly hurt the millions of Americans stance’ does not include—’’; this week in Kentucky represented by who depend on the hunting, fishing, (2) in clauses (i) through (iv), by striking the minority leader. It is unfortunate and shooting industries for part of the commas at the end of the clauses and in- serting semicolons; that we have allowed some of these ide- their livelihoods. Hunters and anglers are ardent con- (3) by striking clause (v) and inserting the ological positions to get in the way. It following: makes no difference that over 110,000 servationists and have proven them- ‘‘(v)(I) any article the sale of which is sub- constituents represented by those on selves willing to consider lead alter- ject to, or eligible to be subject to, the tax the other side of the aisle will be im- natives when the data justifies it. For imposed by section 4181 of the Internal Rev- pacted by this objection. instance, since 1991, waterfowl hunters enue Code of 1986, and any separate compo- I am afraid at this point some of our have been required to use non-lead am- nent of such an article (including shells, car- partisan differences are going to cost a munition to protect waterfowl species tridges, and ammunition); or lot of innocent people a chance to bring which have been scientifically proven ‘‘(II) any substance that is manufactured, to be vulnerable to exposure. However, processed, or distributed in commerce for home a paycheck. I don’t think that is use in any article or separate component de- what the American people want in EPA found in 1994 no scientific basis to scribed in subclause (I) (as determined with- Washington. I think what they are proceed with a lead ban in fishing tack- out regard to any exemption from the tax looking for us to do is to extend this le. EPA rightly and quickly rejected imposed by section 4181 of the Internal Rev- program and save a quarter million the petition with regard to ammuni- enue Code of 1986 under section 4182, section Americans from losing their jobs. tion, stating that they did not have the 4221, or any other provision of that Code);’’; I don’t know if Senator KERRY is authority to regulate ammunition (4) in clause (vi), by striking the period at coming to the Senate floor, but I see under the Toxic Substances Control the end and inserting ‘‘; or’’; some Members on the Republican side Act. (5) by inserting after clause (vi) the fol- However, EPA is still considering a lowing: of the aisle. I will make the unanimous ‘‘(vii)(I) any article the sale of which is consent request at this point. ban on lead fishing tackle. This ban subject to, or eligible to be subject to, the I ask unanimous consent that the Fi- would drive up costs on a sport that’s tax imposed by section 4161 of the Internal nance Committee be discharged from appeal lies in its simplicity and acces- Revenue Code of 1986, and any separate com- further consideration of S. 3849, the sibility to the broad American public. ponent of such an article; or Job Preservation for Parents in Pov- Lead sinkers are critical to both salt ‘‘(II) any substance that is manufactured, erty Act; that the Senate then proceed and freshwater anglers, and are fre- processed, or distributed in commerce for to its consideration; that the bill be quently used in the types of fishing use in any article or separate component de- read three times, passed, and the mo- that attracts young people to this scribed in subclause (I).’’; and (6) in the matter following clause (vii) (as tion to reconsider be laid upon the sport. added by paragraph (5)), by striking ‘‘The table; and that any statements relating Moreover, a ban such as this would term ‘food’ as used in clause (vi) of this sub- to the measure be printed in the be a blow to thousands of people who paragraph includes’’ and inserting the fol- RECORD. depend on fishing tackle and ammuni- lowing:

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7624 CONGRESSIONAL RECORD — SENATE September 28, 2010 ‘‘(C) RELATED DEFINITION.—For purposes of Girls and Women in the Media in order we in Congress have a responsibility to clause (vi) of subparagraph (B), the term to develop voluntary steps and goals be judicious stewards of the resources ‘food’ includes’’. for promoting healthy and positive de- taxpayers invest in America, and en- Mrs. HAGAN. Mr. President, today I pictions of girls and women in the sure those resources are managed hon- am proud to introduce the Healthy media for the benefit of all youth. estly, transparently and effectively. Media for Youth Act. The purpose of We must reverse this trend for this The GPRA Modernization Act of 2010 this bill is to promote positive media generation of youth and for future gen- also calls on the federal government to depictions of girls and women among erations. identify where we are not performing our nation’s youth. well so we can make better decisions The majority of 8- to 18-year-olds By Mr. CARPER (for himself, Mr. about where we should and should not spend about 10 hours a day watching WARNER, Mr. AKAKA, Ms. COL- be putting our scarce resources. television, on the computer, or playing LINS, Mr. VOINOVICH, and Mr. Today we face unparalleled chal- video games. Unfortunately, the im- LIEBERMAN): lenges both here and abroad, and these ages they see often reinforce gender S. 3853. A bill to modernize and refine require a knowledgeable and nimble stereotypes, emphasize unrealistic the requirements of the Government federal government that can respond body images, or show women in passive Performance and Results Act of 1993, to effectively. With concerns growing roles. require quarterly performance reviews over the mounting federal deficit and Positive and realistic female body of Federal policy and management pri- national debt, the American people de- images remain a problem. A recent sur- orities, to establish Chief Operating Of- serve to know that every dollar they vey by Girl Scouts of the USA’s Re- ficers, Performance Improvement Offi- send to Washington is being used to its search Institute found that 89 percent cers, and the Performance Improve- utmost potential. Performance infor- of girls feel the fashion industry places ment Council, and for other purposes; mation is an invaluable tool that can a lot of pressure on teenage girls to be to the Committee on Homeland Secu- ensure just that. If used effectively, it thin. Even among girls as young as rity and Governmental Affairs. can identify problems, find solutions, grades 3 through 5, fifty-four percent Mr. CARPER. Mr. President, today, and develop approaches that improve worry about their appearance, and 37 as Chairman of the Subcommittee on outcomes and produce results. percent of these young girls worry spe- Federal Financial Management, Gov- Mr. President, I ask unanimous con- cifically about their weight. ernment Information, Federal Serv- sent that the text of the bill be printed Women are often portrayed in passive ices, and International Security, I offer in the RECORD. or stereotypical roles, rather than in a piece of legislation, along with my There being no objection, the text of positions of power. Violence against distinguished colleagues Senators the bill was ordered to be printed in women continues to be prevalent WARNER, AKAKA, LIEBERMAN, COLLINS the RECORD, as follows: throughout media. The Parents Tele- and VOINOVICH, that I believe will lead S. 3853 vision Council reports that between us on a path to a more effective and ef- Be it enacted by the Senate and House of Rep- 2004 and 2009, violence against women ficient federal government. resentatives of the United States of America in and teenage girls increased on tele- It has been more than 17 years since Congress assembled, vision programming at a rate of 120 Congress passed the Government Per- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. percent, compared with the 2 percent formance and Results Act, GPRA, to (a) SHORT TITLE.—This Act may be cited as help us better manage our finite re- the ‘‘GPRA Modernization Act of 2010’’. increase of overall violence in tele- (b) TABLE OF CONTENTS.—The table of con- vision content. sources and improve the effectiveness tents for this Act is as follows: In 2007, the American Psychological and delivery of Federal programs. Sec. 1. Short title; table of contents. Association, APA, conducted a report Since that time, agencies across the Sec. 2. Strategic planning amendments. on the Sexualization of Girls and found federal government have developed and Sec. 3. Performance planning amendments. that three of the most common mental implemented strategic plans and have Sec. 4. Performance reporting amendments. routinely generated a tremendous Sec. 5. Federal Government and agency pri- health problems among girls—eating ority goals. disorders, depression or depressed amount of performance data. The ques- Sec. 6. Quarterly priority progress reviews mood, and low self-esteem—are linked tion is—have Federal agencies actually and use of performance infor- to the sexualization of girls and women used their performance data to get bet- mation. in media. Boys are also negatively af- ter results? Sec. 7. Transparency of Federal Government fected by the portrayal of girls because Producing information does not by programs, priority goals, and itself improve performance and experts results. it sets up unrealistic expectations, Sec. 8. Agency Chief Operating Officers. which may impair future relationships from both sides of the aisle agree that Sec. 9. Agency Performance Improvement between girls and boys. the solutions developed in 1993 have Officers and the Performance The bill I’m introducing today starts not worked. The American people de- Improvement Council. to tackle this problem by promoting serve—and our fiscal challenges de- Sec. 10. Format of performance plans and re- positive media messages about girls mand—better results. ports. and women among our nation’s youth. The GPRA Modernization Act of 2010 Sec. 11. Reducing duplicative and outdated agency reporting. Specifically, this bill would direct which I offer today aims to assist and Sec. 12. Performance management skills and the U.S. Department of Health and motivate—Federal agencies to put competencies. Human Services, HHS, to award grants away the stacks of reports that no one Sec. 13. Technical and conforming amend- to nonprofit organizations to promote reads and actually start to think how ments. positive media depictions of girls and we can improve the effectiveness, effi- Sec. 14. Implementation of this Act. Sec. 15. Congressional oversight and legisla- women among youth, and to empower ciency and transparency of our Govern- tion. girls and boys by developing self-es- ment. SEC. 2. STRATEGIC PLANNING AMENDMENTS. teem and leadership skills. This legislation represents the many Chapter 3 of title 5, United States Code, is The bill also directs the Centers for lessons learned over the past 17 years amended by striking section 306 and insert- Disease Control and Prevention, CDC, and brings a high level, government ing the following: in coordination with the National In- wide focus to making our government ‘‘§ 306. Agency strategic plans stitute of Child Health and Human De- work better for the American people. It ‘‘(a) Not later than the first Monday in velopment to review, synthesize, and builds off the important strides Presi- February of any year following the year in research the role and impact of depic- dent Obama’s administration has made which the term of the President commences tions of girls and women in the media in this area and pushes Federal agen- under section 101 of title 3, the head of each on the psychological, sexual, physical, cies even further to not only make agency shall make available on the public and interpersonal development of goals, but to make individuals respon- website of the agency a strategic plan and notify the President and Congress of its youth. sible for meeting them. availability. Such plan shall contain— Finally, this bill requires the Federal While the strength of our democracy ‘‘(1) a comprehensive mission statement Communications Commission, FCC, to rests on the ability of our government covering the major functions and operations convene a National Task Force on to deliver its promises to the people, of the agency;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7625 ‘‘(2) general goals and objectives, including submission of such plan with each budget of ‘‘(D) a description of how the agency is outcome-oriented goals, for the major func- the United States Government, the Director working with other agencies to achieve its tions and operations of the agency; of the Office of Management and Budget performance goals as well as relevant Fed- ‘‘(3) a description of how any goals and ob- shall ensure that all information required by eral Government performance goals; and jectives contribute to the Federal Govern- this subsection is concurrently made avail- ‘‘(E) an identification of the agency offi- ment priority goals required by section able on the website provided under section cials responsible for the achievement of each 1120(a) of title 31; 1122 and updated periodically, but no less performance goal, who shall be known as ‘‘(4) a description of how the goals and ob- than annually. The Federal Government per- goal leaders; jectives are to be achieved, including— formance plan shall— ‘‘(6) establish a balanced set of perform- ‘‘(A) a description of the operational proc- ‘‘(1) establish Federal Government per- ance indicators to be used in measuring or esses, skills and technology, and the human, formance goals to define the level of per- assessing progress toward each performance capital, information, and other resources re- formance to be achieved during the year in goal, including, as appropriate, customer quired to achieve those goals and objectives; which the plan is submitted and the next fis- service, efficiency, output, and outcome indi- and cal year for each of the Federal Government cators; ‘‘(B) a description of how the agency is priority goals required under section 1120(a) ‘‘(7) provide a basis for comparing actual working with other agencies to achieve its of this title; program results with the established per- goals and objectives as well as relevant Fed- ‘‘(2) identify the agencies, organizations, formance goals; eral Government priority goals; program activities, regulations, tax expendi- ‘‘(8) a description of how the agency will ‘‘(5) a description of how the goals and ob- tures, policies, and other activities contrib- ensure the accuracy and reliability of the jectives incorporate views and suggestions uting to each Federal Government perform- data used to measure progress towards its obtained through congressional consulta- ance goal during the current fiscal year; performance goals, including an identifica- tions required under subsection (d); ‘‘(3) for each Federal Government perform- tion of— ‘‘(6) a description of how the performance ance goal, identify a lead Government offi- ‘‘(A) the means to be used to verify and goals provided in the plan required by sec- cial who shall be responsible for coordi- validate measured values; tion 1115(a) of title 31, including the agency nating the efforts to achieve the goal; ‘‘(B) the sources for the data; priority goals required by section 1120(b) of ‘‘(4) establish common Federal Govern- ‘‘(C) the level of accuracy required for the title 31, if applicable, contribute to the gen- ment performance indicators with quarterly intended use of the data; eral goals and objectives in the strategic targets to be used in measuring or assess- ‘‘(D) any limitations to the data at the re- plan; ing— quired level of accuracy; and ‘‘(7) an identification of those key factors ‘‘(A) overall progress toward each Federal ‘‘(E) how the agency will compensate for external to the agency and beyond its con- Government performance goal; and such limitations if needed to reach the re- trol that could significantly affect the ‘‘(B) the individual contribution of each quired level of accuracy; achievement of the general goals and objec- agency, organization, program activity, reg- ‘‘(9) describe major management chal- tives; and ulation, tax expenditure, policy, and other lenges the agency faces and identify— ‘‘(8) a description of the program evalua- activity identified under paragraph (2); ‘‘(A) planned actions to address such chal- tions used in establishing or revising general ‘‘(5) establish clearly defined quarterly lenges; goals and objectives, with a schedule for fu- milestones; and ‘‘(B) performance goals, performance indi- ture program evaluations to be conducted. ‘‘(6) identify major management challenges cators, and milestones to measure progress ‘‘(b) The strategic plan shall cover a period that are Governmentwide or crosscutting in toward resolving such challenges; and of not less than 4 years following the fiscal nature and describe plans to address such ‘‘(C) the agency official responsible for re- year in which the plan is submitted. As need- challenges, including relevant performance solving such challenges; and ed, the head of the agency may make adjust- goals, performance indicators, and mile- ‘‘(10) identify low-priority program activi- ments to the strategic plan to reflect signifi- stones. ties based on an analysis of their contribu- cant changes in the environment in which ‘‘(b) AGENCY PERFORMANCE PLANS.—Not tion to the mission and goals of the agency the agency is operating, with appropriate no- later than the first Monday in February of and include an evidence-based justification tification of Congress. each year, the head of each agency shall for designating a program activity as low ‘‘(c) The performance plan required by sec- make available on a public website of the priority. tion 1115(b) of title 31 shall be consistent agency, and notify the President and the ‘‘(c) ALTERNATIVE FORM.—If an agency, in with the agency’s strategic plan. A perform- Congress of its availability, a performance consultation with the Director of the Office ance plan may not be submitted for a fiscal plan covering each program activity set of Management and Budget, determines that year not covered by a current strategic plan forth in the budget of such agency. Such it is not feasible to express the performance under this section. plan shall— goals for a particular program activity in an ‘‘(d) When developing or making adjust- ‘‘(1) establish performance goals to define objective, quantifiable, and measurable ments to a strategic plan, the agency shall the level of performance to be achieved dur- form, the Director of the Office of Manage- consult periodically with the Congress, in- ing the year in which the plan is submitted ment and Budget may authorize an alter- cluding majority and minority views from and the next fiscal year; native form. Such alternative form shall— the appropriate authorizing, appropriations, ‘‘(2) express such goals in an objective, ‘‘(1) include separate descriptive state- and oversight committees, and shall solicit quantifiable, and measurable form unless au- ments of— and consider the views and suggestions of thorized to be in an alternative form under ‘‘(A)(i) a minimally effective program; and those entities potentially affected by or in- subsection (c); ‘‘(ii) a successful program; or terested in such a plan. The agency shall ‘‘(3) describe how the performance goals ‘‘(B) such alternative as authorized by the consult with the appropriate committees of contribute to— Director of the Office of Management and Congress at least once every 2 years. ‘‘(A) the general goals and objectives es- Budget, with sufficient precision and in such ‘‘(e) The functions and activities of this tablished in the agency’s strategic plan re- terms that would allow for an accurate, inde- section shall be considered to be inherently quired by section 306(a)(2) of title 5; and pendent determination of whether the pro- governmental functions. The drafting of ‘‘(B) any of the Federal Government per- gram activity’s performance meets the cri- strategic plans under this section shall be formance goals established in the Federal teria of the description; or performed only by Federal employees. Government performance plan required by ‘‘(2) state why it is infeasible or imprac- ‘‘(f) For purposes of this section the term subsection (a)(1); tical to express a performance goal in any ‘agency’ means an Executive agency defined ‘‘(4) identify among the performance goals form for the program activity. under section 105, but does not include the those which are designated as agency pri- ‘‘(d) TREATMENT OF PROGRAM ACTIVITIES.— Central Intelligence Agency, the Govern- ority goals as required by section 1120(b) of For the purpose of complying with this sec- ment Accountability Office, the United this title, if applicable; tion, an agency may aggregate, disaggregate, States Postal Service, and the Postal Regu- ‘‘(5) provide a description of how the per- or consolidate program activities, except latory Commission.’’. formance goals are to be achieved, includ- that any aggregation or consolidation may SEC. 3. PERFORMANCE PLANNING AMENDMENTS. ing— not omit or minimize the significance of any Chapter 11 of title 31, United States Code, ‘‘(A) the operation processes, training, program activity constituting a major func- is amended by striking section 1115 and in- skills and technology, and the human, cap- tion or operation for the agency. serting the following: ital, information, and other resources and ‘‘(e) APPENDIX.—An agency may submit ‘‘§ 1115. Federal Government and agency per- strategies required to meet those perform- with an annual performance plan an appen- formance plans ance goals; dix covering any portion of the plan that— ‘‘(a) FEDERAL GOVERNMENT PERFORMANCE ‘‘(B) clearly defined milestones; ‘‘(1) is specifically authorized under cri- PLANS.—In carrying out the provisions of ‘‘(C) an identification of the organizations, teria established by an Executive order to be section 1105(a)(28), the Director of the Office program activities, regulations, policies, and kept secret in the interest of national de- of Management and Budget shall coordinate other activities that contribute to each per- fense or foreign policy; and with agencies to develop the Federal Govern- formance goal, both within and external to ‘‘(2) is properly classified pursuant to such ment performance plan. In addition to the the agency; Executive order.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7626 CONGRESSIONAL RECORD — SENATE September 28, 2010

‘‘(f) INHERENTLY GOVERNMENTAL FUNC- ‘‘(2) If performance goals are specified in ‘‘(B) goals for management improvements TIONS.—The functions and activities of this an alternative form under section 1115(c), the needed across the Federal Government, in- section shall be considered to be inherently results shall be described in relation to such cluding— governmental functions. The drafting of per- specifications, including whether the per- ‘‘(i) financial management; formance plans under this section shall be formance failed to meet the criteria of a ‘‘(ii) human capital management; performed only by Federal employees. minimally effective or successful program. ‘‘(iii) information technology manage- ‘‘(g) CHIEF HUMAN CAPITAL OFFICERS.— ‘‘(c) Each update shall— ment; With respect to each agency with a Chief ‘‘(1) review the success of achieving the ‘‘(iv) procurement and acquisition manage- Human Capital Officer, the Chief Human performance goals and include actual results ment; and Capital Officer shall prepare that portion of for the 5 preceding fiscal years; ‘‘(v) real property management; the annual performance plan described under ‘‘(2) evaluate the performance plan for the ‘‘(2) The Federal Government priority subsection (b)(5)(A). current fiscal year relative to the perform- goals shall be long-term in nature. At a min- ‘‘(h) DEFINITIONS.—For purposes of this sec- ance achieved toward the performance goals imum, the Federal Government priority tion and sections 1116 through 1125, and sec- goals shall be updated or revised every 4 tions 9703 and 9704, the term— during the period covered by the update; ‘‘(3) explain and describe where a perform- years and made publicly available concur- ‘‘(1) ‘agency’ has the same meaning as such rently with the submission of the budget of term is defined under section 306(f) of title 5; ance goal has not been met (including when a program activity’s performance is deter- the United States Government made in the ‘‘(2) ‘crosscutting’ means across organiza- first full fiscal year following any year in tional (such as agency) boundaries; mined not to have met the criteria of a suc- cessful program activity under section which the term of the President commences ‘‘(3) ‘customer service measure’ means an under section 101 of title 3. As needed, the assessment of service delivery to a customer, 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is Director of the Office of Management and client, citizen, or other recipient, which can Budget may make adjustments to the Fed- include an assessment of quality, timeliness, used)— ‘‘(A) why the goal was not met; eral Government priority goals to reflect sig- and satisfaction among other factors; nificant changes in the environment in ‘‘(4) ‘efficiency measure’ means a ratio of a ‘‘(B) those plans and schedules for achiev- ing the established performance goal; and which the Federal Government is operating, program activity’s inputs (such as costs or with appropriate notification of Congress. hours worked by employees) to its outputs ‘‘(C) if the performance goal is impractical or infeasible, why that is the case and what ‘‘(3) When developing or making adjust- (amount of products or services delivered) or ments to Federal Government priority goals, action is recommended; outcomes (the desired results of a program); the Director of the Office of Management ‘‘(4) describe the use and assess the effec- ‘‘(5) ‘major management challenge’ means and Budget shall consult periodically with tiveness in achieving performance goals of programs or management functions, within the Congress, including obtaining majority any waiver under section 9703 of this title; or across agencies, that have greater vulner- and minority views from— ‘‘(5) include a review of the performance ability to waste, fraud, abuse, and mis- ‘‘(A) the Committees on Appropriations of goals and evaluation of the performance plan management (such as issues identified by the the Senate and the House of Representatives; relative to the agency’s strategic human Government Accountability Office as high ‘‘(B) the Committees on the Budget of the capital management; risk or issues identified by an Inspector Gen- Senate and the House of Representatives; ‘‘(6) describe how the agency ensures the eral) where a failure to perform well could ‘‘(C) the Committee on Homeland Security seriously affect the ability of an agency or accuracy and reliability of the data used to and Governmental Affairs of the Senate; the Government to achieve its mission or measure progress towards its performance ‘‘(D) the Committee on Oversight and Gov- goals; goals, including an identification of— ernment Reform of the House of Representa- ‘‘(6) ‘milestone’ means a scheduled event ‘‘(A) the means used to verify and validate tives; signifying the completion of a major deliver- measured values; ‘‘(E) the Committee on Finance of the Sen- able or a set of related deliverables or a ‘‘(B) the sources for the data; ate; phase of work; ‘‘(C) the level of accuracy required for the ‘‘(F) the Committee on Ways and Means of ‘‘(7) ‘outcome measure’ means an assess- intended use of the data; the House of Representatives; and ment of the results of a program activity ‘‘(D) any limitations to the data at the re- ‘‘(G) any other committees as determined compared to its intended purpose; quired level of accuracy; and appropriate; ‘‘(8) ‘output measure’ means the tabula- ‘‘(E) how the agency has compensated for ‘‘(4) The Director of the Office of Manage- tion, calculation, or recording of activity or such limitations if needed to reach the re- ment and Budget shall consult with the ap- effort that can be expressed in a quantitative quired level of accuracy; and propriate committees of Congress at least or qualitative manner; ‘‘(7) include the summary findings of those once every 2 years. ‘‘(9) ‘performance goal’ means a target program evaluations completed during the ‘‘(5) The Director of the Office of Manage- level of performance expressed as a tangible, period covered by the update. ment and Budget shall make information measurable objective, against which actual ‘‘(d) If an agency performance update in- about the Federal Government priority goals achievement can be compared, including a cludes any program activity or information available on the website described under sec- goal expressed as a quantitative standard, that is specifically authorized under criteria tion 1122 of this title. value, or rate; established by an Executive Order to be kept ‘‘(6) The Federal Government performance ‘‘(10) ‘performance indicator’ means a par- secret in the interest of national defense or plan required under section 1115(a) of this ticular value or characteristic used to meas- foreign policy and is properly classified pur- title shall be consistent with the Federal ure output or outcome; suant to such Executive Order, the head of Government priority goals. ‘‘(11) ‘program activity’ means a specific the agency shall make such information ‘‘(b) AGENCY PRIORITY GOALS.— activity or project as listed in the program available in the classified appendix provided ‘‘(1) Every 2 years, the head of each agency and financing schedules of the annual budget under section 1115(e). listed in section 901(b) of this title, or as oth- of the United States Government; and ‘‘(e) The functions and activities of this erwise determined by the Director of the Of- ‘‘(12) ‘program evaluation’ means an as- section shall be considered to be inherently fice of Management and Budget, shall iden- sessment, through objective measurement governmental functions. The drafting of tify agency priority goals from among the and systematic analysis, of the manner and agency performance updates under this sec- performance goals of the agency. The Direc- extent to which Federal programs achieve tion shall be performed only by Federal em- tor of the Office of Management and Budget intended objectives.’’. ployees.’’. shall determine the total number of agency SEC. 4. PERFORMANCE REPORTING AMEND- SEC. 5. FEDERAL GOVERNMENT AND AGENCY priority goals across the Government, and MENTS. PRIORITY GOALS. the number to be developed by each agency. Chapter 11 of title 31, United States Code, Chapter 11 of title 31, United States Code, The agency priority goals shall— is amended by striking section 1116 and in- is amended by adding after section 1119 the ‘‘(A) reflect the highest priorities of the serting the following: following: agency, as determined by the head of the ‘‘§ 1116. Agency performance reporting agency and informed by the Federal Govern- ‘‘§ 1120. Federal Government and agency pri- ment priority goals provided under sub- ‘‘(a) The head of each agency shall make ority goals available on a public website of the agency section (a) and the consultations with Con- an update on agency performance. ‘‘(a) FEDERAL GOVERNMENT PRIORITY gress and other interested parties required ‘‘(b)(1) Each update shall compare actual GOALS.— by section 306(d) of title 5; performance achieved with the performance ‘‘(1) The Director of the Office of Manage- ‘‘(B) have ambitious targets that can be goals established in the agency performance ment and Budget shall coordinate with agen- achieved within a 2-year period; plan under section 1115(b) and shall occur no cies to develop priority goals to improve the ‘‘(C) have a clearly identified agency offi- less than 150 days after the end of each fiscal performance and management of the Federal cial, known as a goal leader, who is respon- year, with more frequent updates of actual Government. Such Federal Government pri- sible for the achievement of each agency pri- performance on indicators that provide data ority goals shall include— ority goal; of significant value to the Government, Con- ‘‘(A) outcome-oriented goals covering a ‘‘(D) have interim quarterly targets for gress, or program partners at a reasonable limited number of crosscutting policy areas; performance indicators if more frequent up- level of administrative burden. and dates of actual performance provides data of

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7627 significant value to the Government, Con- ‘‘(5) for agency priority goals at greatest ‘‘(D) any limitations to the data at the re- gress, or program partners at a reasonable risk of not meeting the planned level of per- quired level of accuracy; and level of administrative burden; and formance, identify prospects and strategies ‘‘(E) how the agency has compensated for ‘‘(E) have clearly defined quarterly mile- for performance improvement, including any such limitations if needed to reach the re- stones. needed changes to agency program activi- quired level of accuracy; ‘‘(2) If an agency priority goal includes any ties, regulations, policies, or other activi- ‘‘(6) the results achieved during the most program activity or information that is spe- ties.’’. recent quarter and overall trend data com- cifically authorized under criteria estab- SEC. 7. TRANSPARENCY OF FEDERAL GOVERN- pared to the planned level of performance; lished by an Executive order to be kept se- MENT PROGRAMS, PRIORITY GOALS, ‘‘(7) an assessment of whether relevant or- cret in the interest of national defense or AND RESULTS. ganizations, program activities, regulations, foreign policy and is properly classified pur- Chapter 11 of title 31, United States Code, policies, and other activities are contrib- suant to such Executive order, the head of is amended by adding after section 1121 (as uting as planned; the agency shall make such information added by section 6 of this Act) the following: ‘‘(8) an identification of the agency pri- available in the classified appendix provided ‘‘§ 1122. Transparency of programs, priority ority goals at risk of not achieving the under section 1115(e). goals, and results planned level of performance; and ‘‘(9) any prospects or strategies for per- ‘‘(c) The functions and activities of this ‘‘(a) TRANSPARENCY OF AGENCY PRO- formance improvement. section shall be considered to be inherently GRAMS.— ‘‘(c) TRANSPARENCY OF FEDERAL GOVERN- governmental functions. The development of ‘‘(1) IN GENERAL.—Not later than October 1, Federal Government and agency priority MENT PRIORITY GOALS AND RESULTS.—The Di- 2012, the Office of Management and Budget rector of the Office of Management and goals shall be performed only by Federal em- shall— ployees.’’. Budget shall also make available on the ‘‘(A) ensure the effective operation of a sin- website— SEC. 6. QUARTERLY PRIORITY PROGRESS RE- gle website; ‘‘(1) a brief description of each of the Fed- VIEWS AND USE OF PERFORMANCE ‘‘(B) at a minimum, update the website on INFORMATION. eral Government priority goals required by a quarterly basis; and section 1120(a) of this title; Chapter 11 of title 31, United States Code, ‘‘(C) include on the website information is amended by adding after section 1120 (as ‘‘(2) a description of how the Federal Gov- about each program identified by the agen- added by section 5 of this Act) the following: ernment priority goals incorporate views and cies. suggestions obtained through congressional ‘‘§ 1121. Quarterly priority progress reviews ‘‘(2) INFORMATION.—Information for each consultations; and use of performance information program described under paragraph (1) shall ‘‘(3) the Federal Government performance ‘‘(a) USE OF PERFORMANCE INFORMATION TO include— goals and performance indicators associated ACHIEVE FEDERAL GOVERNMENT PRIORITY ‘‘(A) an identification of how the agency with each Federal Government priority goal GOALS.—Not less than quarterly, the Direc- defines the term ‘program’, consistent with as required by section 1115(a) of this title; tor of the Office of Management and Budget, guidance provided by the Director of the Of- ‘‘(4) an identification of the lead Govern- with the support of the Performance Im- fice of Management and Budget, including ment official for each Federal Government provement Council, shall— the program activities that are aggregated, performance goal; ‘‘(1) for each Federal Government priority disaggregated, or consolidated to be consid- ‘‘(5) the results achieved during the most goal required by section 1120(a) of this title, ered a program by the agency; recent quarter and overall trend data com- review with the appropriate lead Govern- ‘‘(B) a description of the purposes of the pared to the planned level of performance; ment official the progress achieved during program and the contribution of the program ‘‘(6) an identification of the agencies, orga- the most recent quarter, overall trend data, to the mission and goals of the agency; and nizations, program activities, regulations, and the likelihood of meeting the planned ‘‘(C) an identification of funding for the tax expenditures, policies, and other activi- level of performance; current fiscal year and previous 2 fiscal ties that contribute to each Federal Govern- ‘‘(2) include in such reviews officials from years. ment priority goal; the agencies, organizations, and program ac- ‘‘(b) TRANSPARENCY OF AGENCY PRIORITY ‘‘(7) an assessment of whether relevant tivities that contribute to the accomplish- GOALS AND RESULTS.—The head of each agen- agencies, organizations, program activities, ment of each Federal Government priority cy required to develop agency priority goals regulations, tax expenditures, policies, and goal; shall make information about each agency other activities are contributing as planned; ‘‘(3) assess whether agencies, organiza- priority goal available to the Office of Man- ‘‘(8) an identification of the Federal Gov- tions, program activities, regulations, tax agement and Budget for publication on the ernment priority goals at risk of not achiev- expenditures, policies, and other activities website, with the exception of any informa- ing the planned level of performance; and are contributing as planned to each Federal tion covered by section 1120(b)(2) of this ‘‘(9) any prospects or strategies for per- Government priority goal; title. In addition to an identification of each formance improvement. ‘‘(4) categorize the Federal Government agency priority goal, the website shall also ‘‘(d) INFORMATION ON WEBSITE.—The infor- priority goals by risk of not achieving the consolidate information about each agency mation made available on the website under planned level of performance; and priority goal, including— this section shall be readily accessible and ‘‘(5) for the Federal Government priority ‘‘(1) a description of how the agency incor- easily found on the Internet by the public goals at greatest risk of not meeting the porated any views and suggestions obtained and members and committees of Congress. planned level of performance, identify pros- through congressional consultations about Such information shall also be presented in a pects and strategies for performance im- the agency priority goal; searchable, machine-readable format. The provement, including any needed changes to ‘‘(2) an identification of key factors exter- Director of the Office of Management and agencies, organizations, program activities, nal to the agency and beyond its control that Budget shall issue guidance to ensure that regulations, tax expenditures, policies or could significantly affect the achievement of such information is provided in a way that other activities. the agency priority goal; presents a coherent picture of all Federal ‘‘(b) AGENCY USE OF PERFORMANCE INFOR- ‘‘(3) a description of how each agency pri- programs, and the performance of the Fed- MATION TO ACHIEVE AGENCY PRIORITY ority goal will be achieved, including— eral Government as well as individual agen- GOALS.—Not less than quarterly, at each ‘‘(A) the strategies and resources required cies.’’. agency required to develop agency priority to meet the priority goal; SEC. 8. AGENCY CHIEF OPERATING OFFICERS. goals required by section 1120(b) of this title, ‘‘(B) clearly defined milestones; Chapter 11 of title 31, United States Code, the head of the agency and Chief Operating ‘‘(C) the organizations, program activities, is amended by adding after section 1122 (as Officer, with the support of the agency Per- regulations, policies, and other activities added by section 7 of this Act) the following: formance Improvement Officer, shall— that contribute to each goal, both within ‘‘§ 1123. Chief Operating Officers ‘‘(1) for each agency priority goal, review and external to the agency; ‘‘(a) ESTABLISHMENT.—At each agency, the with the appropriate goal leader the progress ‘‘(D) how the agency is working with other deputy head of agency, or equivalent, shall achieved during the most recent quarter, agencies to achieve the goal; and be the Chief Operating Officer of the agency. overall trend data, and the likelihood of ‘‘(E) an identification of the agency official ‘‘(b) FUNCTION.—Each Chief Operating Offi- meeting the planned level of performance; responsible for achieving the priority goal; cer shall be responsible for improving the ‘‘(2) coordinate with relevant personnel ‘‘(4) the performance indicators to be used management and performance of the agency, within and outside the agency who con- in measuring or assessing progress; and shall— tribute to the accomplishment of each agen- ‘‘(5) a description of how the agency en- ‘‘(1) provide overall organization manage- cy priority goal; sures the accuracy and reliability of the data ment to improve agency performance and ‘‘(3) assess whether relevant organizations, used to measure progress towards the pri- achieve the mission and goals of the agency program activities, regulations, policies, and ority goal, including an identification of— through the use of strategic and performance other activities are contributing as planned ‘‘(A) the means used to verify and validate planning, measurement, analysis, regular as- to the agency priority goals; measured values; sessment of progress, and use of performance ‘‘(4) categorize agency priority goals by ‘‘(B) the sources for the data; information to improve the results achieved; risk of not achieving the planned level of ‘‘(C) the level of accuracy required for the ‘‘(2) advise and assist the head of agency in performance; and intended use of the data; carrying out the requirements of sections

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7628 CONGRESSIONAL RECORD — SENATE September 28, 2010 1115 through 1122 of this title and section 306 ‘‘(C) other Performance Improvement Offi- (3) make such plans and reports available of title 5; cers as determined appropriate by the chair- on the website described under section 1122 ‘‘(3) oversee agency-specific efforts to im- person; and of title 31, United States Code. prove management functions within the ‘‘(D) other individuals as determined ap- (b) WEB-BASED PERFORMANCE PLANNING AND agency and across Government; and propriate by the chairperson. REPORTING.— ‘‘(4) coordinate and collaborate with rel- ‘‘(2) FUNCTION.—The Performance Improve- (1) IN GENERAL.—Not later than June 1, evant personnel within and external to the ment Council shall— 2012, the Director of the Office of Manage- agency who have a significant role in con- ‘‘(A) be convened by the chairperson or the ment and Budget shall issue guidance to tributing to and achieving the mission and designee of the chairperson, who shall pre- agencies to provide concise and timely per- goals of the agency, such as the Chief Finan- side at the meetings of the Performance Im- formance information for publication on the cial Officer, Chief Human Capital Officer, provement Council, determine its agenda, di- website described under section 1122 of title Chief Acquisition Officer/Senior Procure- rect its work, and establish and direct sub- 31, United States Code, including, at a min- ment Executive, Chief Information Officer, groups of the Performance Improvement imum, all requirements of sections 1115 and and other line of business chiefs at the agen- Council, as appropriate, to deal with par- 1116 of title 31, United States Code, except cy.’’. ticular subject matters; for section 1115(e). SEC. 9. AGENCY PERFORMANCE IMPROVEMENT ‘‘(B) assist the Director of the Office of (2) HIGH-PRIORITY GOALS.—For agencies re- OFFICERS AND THE PERFORMANCE Management and Budget to improve the per- quired to develop agency priority goals IMPROVEMENT COUNCIL. formance of the Federal Government and under section 1120(b) of title 31, United Chapter 11 of title 31, United States Code, achieve the Federal Government priority States Code, the performance information is amended by adding after section 1123 (as goals; required under this section shall be merged added by section 8 of this Act) the following: ‘‘(C) assist the Director of the Office of with the existing information required under Management and Budget in implementing section 1122 of title 31, United States Code. ‘‘§ 1124. Performance Improvement Officers the planning, reporting, and use of perform- (3) CONSIDERATIONS.—In developing guid- and the Performance Improvement Council ance information requirements related to ance under this subsection, the Director of ‘‘(a) PERFORMANCE IMPROVEMENT OFFI- the Federal Government priority goals pro- the Office of Management and Budget shall CERS.— vided under sections 1115, 1120, 1121, and 1122 take into consideration the experiences of ‘‘(1) ESTABLISHMENT.—At each agency, the of this title; agencies in making consolidated perform- head of the agency, in consultation with the ‘‘(D) work to resolve specific Government- ance planning and reporting information agency Chief Operating Officer, shall des- wide or crosscutting performance issues, as available on the website as required under ignate a senior executive of the agency as necessary; section 1122 of title 31, United States Code. the agency Performance Improvement Offi- ‘‘(E) facilitate the exchange among agen- cer. cies of practices that have led to perform- SEC. 11. REDUCING DUPLICATIVE AND OUT- DATED AGENCY REPORTING. ‘‘(2) FUNCTION.—Each Performance Im- ance improvements within specific pro- provement Officer shall report directly to grams, agencies, or across agencies; (a) BUDGET CONTENTS.—Section 1105(a) of the Chief Operating Officer. Subject to the ‘‘(F) coordinate with other interagency title 31, United States Code, is amended— direction of the Chief Operating Officer, each management councils; (1) by redesignating second paragraph (33) Performance Improvement Officer shall— ‘‘(G) seek advice and information as appro- as paragraph (35); and ‘‘(A) advise and assist the head of the agen- priate from nonmember agencies, particu- (2) by adding at the end the following: cy and the Chief Operating Officer to ensure larly smaller agencies; ‘‘(37) the list of plans and reports, as pro- that the mission and goals of the agency are ‘‘(H) consider the performance improve- vided for under section 1125, that agencies achieved through strategic and performance ment experiences of corporations, nonprofit identified for elimination or consolidation planning, measurement, analysis, regular as- organizations, foreign, State, and local gov- because the plans and reports are determined sessment of progress, and use of performance ernments, Government employees, public outdated or duplicative of other required information to improve the results achieved; sector unions, and customers of Government plans and reports.’’. ‘‘(B) advise the head of the agency and the services; (b) ELIMINATION OF UNNECESSARY AGENCY Chief Operating Officer on the selection of ‘‘(I) receive such assistance, information REPORTING.—Chapter 11 of title 31, United agency goals, including opportunities to col- and advice from agencies as the Council may States Code, is further amended by adding laborate with other agencies on common request, which agencies shall provide to the after section 1124 (as added by section 9 of goals; extent permitted by law; and this Act) the following: ‘‘(C) assist the head of the agency and the ‘‘(J) develop and submit to the Director of ‘‘§ 1125. Elimination of unnecessary agency Chief Operating Officer in overseeing the im- the Office of Management and Budget, or reporting plementation of the agency strategic plan- when appropriate to the President through ning, performance planning, and reporting the Director of the Office of Management ‘‘(a) AGENCY IDENTIFICATION OF UNNECES- requirements provided under sections 1115 and Budget, at times and in such formats as SARY REPORTS.—Annually, based on guidance through 1122 of this title and sections 306 of the chairperson may specify, recommenda- provided by the Director of the Office of title 5, including the contributions of the tions to streamline and improve performance Management and Budget, the Chief Oper- agency to the Federal Government priority management policies and requirements. ating Officer at each agency shall— goals; ‘‘(3) SUPPORT.— ‘‘(1) compile a list that identifies all plans ‘‘(D) support the head of agency and the ‘‘(A) IN GENERAL.—The Administrator of and reports the agency produces for Con- Chief Operating Officer in the conduct of reg- General Services shall provide administra- gress, in accordance with statutory require- ular reviews of agency performance, includ- tive and other support for the Council to im- ments or as directed in congressional re- ing at least quarterly reviews of progress plement this section. ports; achieved toward agency priority goals, if ap- ‘‘(B) PERSONNEL.—The heads of agencies ‘‘(2) analyze the list compiled under para- plicable; with Performance Improvement Officers graph (1), identify which plans and reports ‘‘(E) assist the head of the agency and the serving on the Council shall, as appropriate are outdated or duplicative of other required Chief Operating Officer in the development and to the extent permitted by law, provide plans and reports, and refine the list to in- and use within the agency of performance at the request of the chairperson of the Per- clude only the plans and reports identified to measures in personnel performance apprais- formance Improvement Council up to 2 per- be outdated or duplicative; als, and, as appropriate, other agency per- sonnel authorizations to serve at the direc- ‘‘(3) consult with the congressional com- sonnel and planning processes and assess- tion of the chairperson.’’. mittees that receive the plans and reports ments; and identified under paragraph (2) to determine SEC. 10. FORMAT OF PERFORMANCE PLANS AND whether those plans and reports are no ‘‘(F) ensure that agency progress toward REPORTS. the achievement of all goals is commu- longer useful to the committees and could be nicated to leaders, managers, and employees (a) SEARCHABLE, MACHINE-READABLE PLANS eliminated or consolidated with other plans in the agency and Congress, and made avail- AND REPORTS.—For fiscal year 2012 and each and reports; and able on a public website of the agency. fiscal year thereafter, each agency required ‘‘(4) provide a total count of plans and re- ‘‘(b) PERFORMANCE IMPROVEMENT COUN- to produce strategic plans, performance ports compiled under paragraph (1) and the CIL.— plans, and performance updates in accord- list of outdated and duplicative reports iden- ‘‘(1) ESTABLISHMENT.—There is established ance with the amendments made by this Act tified under paragraph (2) to the Director of a Performance Improvement Council, con- shall— the Office of Management and Budget. sisting of— (1) not incur expenses for the printing of ‘‘(b) PLANS AND REPORTS.— ‘‘(A) the Deputy Director for Management strategic plans, performance plans, and per- ‘‘(1) FIRST YEAR.—During the first year of of the Office of Management and Budget, formance reports for release external to the implementation of this section, the list of who shall act as chairperson of the Council; agency, except when providing such docu- plans and reports identified by each agency ‘‘(B) the Performance Improvement Officer ments to the Congress; as outdated or duplicative shall be not less from each agency defined in section 901(b) of (2) produce such plans and reports in than 10 percent of all plans and reports iden- this title; searchable, machine-readable formats; and tified under subsection (a)(1).

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7629

‘‘(2) SUBSEQUENT YEARS.—In each year fol- this Act beginning with the submission of (I) an initial report on the evaluation lowing the first year described under para- the fiscal year 2013 Budget of the United under clause (i), not later than September 30, graph (1), the Director of the Office of Man- States Government. 2015; and agement and Budget shall determine the (2) REQUIREMENTS.—Each agency shall— (II) subsequent reports on the evaluation minimum percent of plans and reports to be (A) not later than February 6, 2012, make under clause (i), not later than September 30, identified as outdated or duplicative on each adjustments to its strategic plan to make 2017 and every 4 years thereafter. list of plans and reports. the plan consistent with the requirements of (D) RECOMMENDATIONS.—The Comptroller ‘‘(c) REQUEST FOR ELIMINATION OF UNNECES- this Act; General shall include in the reports required SARY REPORTS.—In addition to including the (B) prepare and submit performance plans by subparagraphs (B) and (C) any rec- list of plans and reports determined to be consistent with the requirements of this Act, ommendations for improving implementa- outdated or duplicative by each agency in including the identification of agency pri- tion of this Act and for streamlining the the budget of the United States Government, ority goals, beginning with the performance planning and reporting requirements of the as provided by section 1105(a)(37), the Direc- plan for fiscal year 2013; and Government Performance and Results Act of tor of the Office of Management and Budget (C) make performance reporting updates 1993. may concurrently submit to Congress legis- consistent with the requirements of this Act Mr. WARNER. Mr. President, I rise lation to eliminate or consolidate such plans beginning in fiscal year 2012. to offer new legislation that I urge all and reports.’’. (3) QUARTERLY REVIEWS.—The quarterly my colleagues from both sides of the SEC. 12. PERFORMANCE MANAGEMENT SKILLS priority progress reviews required under this AND COMPETENCIES. Act shall begin— aisle to support. I am pleased to be (a) PERFORMANCE MANAGEMENT SKILLS AND (A) with the first full quarter beginning on joined by Senators CARPER, AKAKA, COMPETENCIES.—Not later than 1 year after or after the date of enactment of this Act for LIEBERMAN, COLLINS, and VOINOVICH as the date of enactment of this Act, the Direc- agencies based on the agency priority goals original cosponsors of this bill. The tor of the Office of Personnel Management, contained in the Analytical Perspectives vol- legislation we offer today, the Govern- in consultation with the Performance Im- ume of the Fiscal Year 2011 Budget of the ment Performance and Results Mod- provement Council, shall identify the key United States Government; and ernization Act of 2010, is directly aimed skills and competencies needed by Federal (B) with the quarter ending June 30, 2012 Government personnel for developing goals, for the interim Federal Government priority at improving operations and quanti- evaluating programs, and analyzing and goals. fying results across the Federal Gov- ernment. using performance information for the pur- (b) GUIDANCE.—The Director of the Office pose of improving Government efficiency and of Management and Budget shall prepare I think most of my colleagues know effectiveness. guidance for agencies in carrying out the in- I am a business guy. In fact, I have (b) POSITION CLASSIFICATIONS.—Not later terim planning and reporting activities re- spent more time in the business world than 2 years after the date of enactment of quired under subsection (a), in addition to than in the public sector. I have always this Act, based on the identifications under other guidance as required for implementa- tried to apply commonsense business subsection (a), the Director of the Office of tion of this Act. Personnel Management shall incorporate, as practices to the work of government, appropriate, such key skills and com- SEC. 15. CONGRESSIONAL OVERSIGHT AND LEG- in my former job as Virginia Governor petencies into relevant position classifica- ISLATION. and now as Senator. This is a point I tions. (a) IN GENERAL.—Nothing in this Act shall think most of us on both sides of the (c) INCORPORATION INTO EXISTING AGENCY be construed as limiting the ability of Con- aisle would acknowledge: If I ran a TRAINING.—Not later than 2 years after the gress to establish, amend, suspend, or annul business or if we ran any business the enactment of this Act, the Director of the a goal of the Federal Government or an way we run the Federal Government, I Office of Personnel Management shall work agency. would be out of business in short order. with each agency, as defined under section (b) GAO REVIEWS.— 306(f) of title 5, United States Code, to incor- If we do not change—as we hear the (1) INTERIM PLANNING AND REPORTING EVAL- kinds of folks across America say: We porate the key skills identified under sub- UATION.—Not later than June 30, 2013, the section (a) into training for relevant employ- Comptroller General shall submit a report to want to see more efficiency from our ees at each agency. Congress that includes— Federal Government—if we do not SEC. 13. TECHNICAL AND CONFORMING AMEND- (A) an evaluation of the implementation of change, our government might get run MENTS. the interim planning and reporting activities out of business as well. (a) The table of contents for chapter 3 of conducted under section 14 of this Act; and As chair of the Budget Committee title 5, United States Code, is amended by (B) any recommendations for improving Task Force on Government Perform- striking the item relating to section 306 and implementation of this Act as determined ance, over the last 18 months I have inserting the following: appropriate. been looking into how we use data and (2) IMPLEMENTATION EVALUATIONS.— ‘‘306. Agency strategic plans.’’. information to improve government (b) The table of contents for chapter 11 of (A) IN GENERAL.—The Comptroller General shall evaluate the implementation of this operations. Over the last year, our task title 31, United States Code, is amended by force has held a series of hearings, striking the items relating to section 1115 Act subsequent to the interim planning and and 1116 and inserting the following: reporting activities evaluated in the report meetings, and conversations with pub- submitted to Congress under paragraph (1). ‘‘1115. Federal Government and agency per- lic and private sector leaders from (B) AGENCY IMPLEMENTATION.— formance plans. every level of government to learn (i) EVALUATIONS.—The Comptroller Gen- ‘‘1116. Agency performance reporting.’’. more about what works and what does eral shall evaluate how implementation of not work. Here is what we have (c) The table of contents for chapter 11 of this Act is affecting performance manage- title 31, United States Code, is amended by ment at the agencies described in section learned. adding at the end the following: 901(b) of title 31, United States Code, includ- At the beginning of every President’s ‘‘1120. Federal Government and agency pri- ing whether performance management is administration, it seems an entirely ority goals. being used by those agencies to improve the new performance agenda is established. ‘‘1121. Quarterly priority progress reviews efficiency and effectiveness of agency pro- The Bush administration had the and use of performance infor- grams. President’s Management Agenda, and mation. (ii) REPORTS.—The Comptroller General the current administration has its own ‘‘1122. Transparency of programs, priority shall submit to Congress— accountable government initiatives. goals, and results. (I) an initial report on the evaluation With this frequent change in approach ‘‘1123. Chief Operating Officers. under clause (i), not later than September 30, ‘‘1124. Performance Improvement Officers 2015; and every 4 to 8 years, it is difficult to en- and the Performance Improve- (II) a subsequent report on the evaluation sure that we are consistent in the data ment Council. under clause (i), not later than September 30, we collect, use the best tools and tech- ‘‘1125. Elimination of unnecessary agency re- 2017. nology to analyze it, and then put the porting.’’. (C) FEDERAL GOVERNMENT PLANNING AND necessary accountability in place to or- SEC. 14. IMPLEMENTATION OF THIS ACT. REPORTING IMPLEMENTATION.— derly track performance and the basic (a) INTERIM PLANNING AND REPORTING.— (i) EVALUATIONS.—The Comptroller Gen- functions of what government does. (1) IN GENERAL.—The Director of the Office eral shall evaluate the implementation of Let me give you a couple examples. of Management and Budget shall coordinate the Federal Government priority goals, Fed- with agencies to develop interim Federal eral Government performance plans and re- Agencies produce literally thousands Government priority goals and submit in- lated reporting required by this Act. of pages of data each year, but too terim Federal Government performance (ii) REPORTS.—The Comptroller General often we do not use it. We do not use it plans consistent with the requirements of shall submit to Congress— in Congress. Public interest groups do

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7630 CONGRESSIONAL RECORD — SENATE September 28, 2010 not use it. Enormous efforts are put It is not just happening in Virginia, top-line policy goal, and then you see into collecting this data, and then it though. In Indiana, a different tool has across agencies how all these different sits on the shelf. Typically, this per- been created. It is called the Trans- programs feed in. So posting this on a formance data is only reported once a parency Portal by GOV Mitch Daniels. single public Web site rather than hav- year, so it is often too late by the time It again tries to bring transparency to ing Members of Congress or the public we discover whether we are improving the policy goals. Then we can argue sort through the myriad of sites right or falling behind. about how we get there or how we now is a step in the right direction. We also do not compare the results of ought to fund how we get there. But Third, agencies will be required to similar programs. Too often, so many unless we have common agreement on identify low-priority programs that are of our government functions are siloed the goal and then see which programs not adequately contributing to the by agency or Department and rarely is lead to that goal and measure the ef- overall results. Now, this is controver- this data analyzed in any kind of cross- fectiveness of the individual programs, sial. Every agency likes to talk about cutting fashion. We in the task force we are not going to get, particularly in its best performing programs. No agen- took a look at this. We looked, for ex- these budget-constrained times, the cy likes to talk about which programs ample, at workforce training programs best value for our Federal tax dollar. really are not getting the job done. But across the Federal Government. We are I believe Washington has much to as we face increasingly budget con- currently funding 44 separate Federal learn from these local and State level straining times, we must make sure we programs in 9 different departments to examples in setting goals, holding look not only at the winners but that support workforce training. We all managers accountable, and using per- we have the agencies themselves put would agree that in a changing world, formance metrics in a consistent, user- forward those areas where programs workforce training is key to America’s friendly way. State and local decision- are not meeting the goals. competitiveness. But 44 programs in 9 makers do not have to wait to look at Fourth, we need to take important different departments without any the results once a year. They do it con- steps to improve the accountability of kind of crosscutting analysis? No busi- stantly. That is what we did in Vir- the senior officers in government agen- ness could operate that way. And it is ginia. That is what we need to do in cies. We formally establish that agency not just workforce training. In food our Nation’s Capital as well. deputy secretaries are the chief oper- safety—a piece of legislation that we In addition to this reporting and ating officers and hold them account- are working on that I and I know the crosscutting, we also need to recognize able for the results the agencies are Presiding Officer hope we pass before that not all of these burdensome re- looking for. Again, you have to have a the end of the year to put new food porting requirements are of equal chain of command so somebody knows safety standards in place—in food safe- value. So the task force has focused on who is the chief operating officer and ty, we currently fund 17 different enti- reducing reporting requirements to those people who are performing are re- ties within 7 different departments in- identify what reporting might be con- volved in food safety activities. So how sponsible and those metrics are re- solidated or eliminated. If you get can we assess what is working and ported to that chief operating officer. what is not working? overwhelmed with data at certain We also establish a performance im- In short, government operates in points, the data becomes somewhat provement officer who reports directly silos. We report by agency and by pro- less useful. So we want to focus these to the COO and, again, works across gram, but we do not know what we are agencies on what are the key deter- agencies to meet our crosscutting doing in government in any particular minants on which they ought to report. goals. project area or specific policy goal I do not want to just add new reports We also feel these efforts will gen- area. We need a better system that en- and data requirements on agencies. erate ‘‘back office’’ savings, and we ables us to review the results of each There are bookshelves all over this have as a policy goal—I do not believe program as a whole in terms of how town sagging from the weight of this will be a stretch—a literally 10- they feed into a policy objective, where unread reports. So we must streamline percent reduction in written reports. we are having the most impact, and, and modernize what we are currently We sometimes get overloaded with candidly, where we could find some doing, and we need to examine out- data. We want to fine-tune the data. room to cut or curtail. dated and overlapping agency report- We want to make sure the more useful Our Federal performance system also ing. We should only collect informa- data is reported on a more regular needs to increase the accountability of tion that is useful. basis, that extraneous amounts—some senior agency leadership. In many The Government Performance and of the kind of burdensome stuff that agencies, the performance planning Results Modernization Act addresses has been put in in the past that may no and reporting is disconnected from the many of our findings to improve the longer be relevant—we want to elimi- senior officials and not part of the operations and results across govern- nate. And within the agency, we want daily operations of the agency. In other ment. to make sure there is a clear chain of words, somebody’s got this task, but First, it will require all agencies to command. their functions of performance audits produce real-time data on results. As I I think the Government Performance and measurements and metrics do not mentioned earlier, in the past, agencies and Results Modernization Act moves have a direct line of reporting to who- would report on performance only once us forward in a major way. So this leg- ever the chief operating officer of the a year. This bill would require agencies islation—commonsense business prac- particular agency is. to post results quarterly so the public tices, bipartisan, in an effort that will I can say that at the State and local and Congress can use that real-time in- meet the 10-percent reduction in agen- level, we have actually made some formation about what works on tar- cy reports; the effort, finally, to make progress in changing this around. Let geted goals. With today’s technology sure we can look at policy goals not by me parochially start with what we did and if you are collecting data on an on- individual department or agency but in Virginia. This chart I have in the going basis, there is no reason we across programmatic areas; the same Chamber is a little bit busy, but we should have this information only kinds of business techniques that are created a Virginia Performs Web site. come out once a year. A quarterly re- used in Fortune 500 companies all We use this to track progress we are quirement will allow us to correct and across America and, for that matter, making in key policy areas that are fine-tune on an ongoing basis. all across the world—will bring these important to Virginians. So whether it Second, the bill requires agencies to best practices into the Federal Govern- is the economy, education—and we set post data on a single public Web site. ment and make sure we do not have commonsense goals that everyone can This Web site will contain performance this kind of start-and-stop effort that agree on across party lines, and then information from across government so has, unfortunately, plagued moderniza- we look at the measurement criteria we can see how we are performing and tion efforts over the past. that lead to that goal. This is one of how national priorities such as edu- I urge my colleagues on both sides of the reasons Virginia has earned the cation, public health, and safety, are the aisle—since this is bipartisan sup- recognition as the best managed State being met. Again, I go back to Virginia ported—to join in this effort. As we in the country. Performs, which works. You agree on a think about many of the major issues

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7631 that we kind of fight through in these ernment-wide performance plan to pro- cretly act in their own financial self- remaining days of this Congress, I vide OMB, agencies, and Congress, with interest, rather than in the interest of hope, for this kind of commonsense a structured framework for addressing the public or, in the private sector piece of legislation, that we could get crosscutting policy initiatives and pro- cases, their shareholders and employ- the time needed to get it passed. Again, gram efforts. ees. The Honest Services Restoration I urge my colleagues to join us in this This legislation also strengthens the Act restores the honest services stat- effort. congressional consultation provisions ute to cover this undisclosed ‘‘self- Mr. AKAKA. Mr. President, I am to require agencies consult with Con- dealing’’ by state and Federal public pleased to join Senators CARPER, WAR- gress when developing strategic plans officials, and corporate officers and di- NER, COLLINS, LIEBERMAN, and and identifying priority goals. GAO has rectors. VOINOVICH in introducing the GPRA found that regular consultation with In a hearing earlier today, the Judi- Modernization Act of 2010. Congress about the content and format ciary Committee heard testimony from As an original cosponsor of the Gov- of strategic and performance plans is experts who explored the kinds of prob- ernment Performance and Results Act critical to ensure that both the execu- lematic conduct that may now go un- of 1993, often referred to as GPRA or tive and legislative branches are en- checked in the wake of the Skilling de- the Results Act, I believe the time has gaged in improving government per- cision. The testimony also considered come to refine and enhance this land- formance. Full congressional buy-in is what Congress can and should do to fill mark bill. a key element to building a sustainable those gaps and restore strong enforce- President Obama, in his inaugural performance management framework. ment to combat corrupt and fraudulent address, observed: Our legislative proposal also address- conduct. The question we ask today is not whether es performance management skills and It is clear that in recent years, the our government is too big or too small but competencies, which GAO has identi- stain of corruption has spread to all whether it works. fied as a critical factor in determining levels of government. This is a problem This question captures the essence of an agency’s success in utilizing per- that victimizes every American by what the Results Act seeks to achieve. formance management systems. A 2007 chipping away at the foundations of While the original Results Act made GAO survey of Federal managers found our democracy and the faith that significant progress in encouraging nearly half reported not receiving Americans have in their government. agencies to develop a results-oriented training that would assist in utilizing Recent years have also seen a plague of culture, it is time to modernize GPRA. performance information. Our bill ad- financial and corporate frauds that Several long-standing challenges dresses this training deficit by requir- have severely undermined our economy hinder agency efforts to answer this ing the Director of the Office of Per- and hurt too many hardworking people critical question. Our legislation is a sonnel Management to identify key in this country. These frauds have bipartisan effort to empower agencies performance management skills and robbed people of their savings, their re- to overcome these challenges and bet- competencies and incorporate them tirement accounts, college funds for ter evaluate how to use taxpayer dol- into relevant position classifications their children, and have cost too many lars in the most efficient and effective and training curricula. people their homes. way possible. Congress has a responsibility to pro- Congress has acted, by passing the Prior to 1993, Congress had never en- mote effective performance manage- Fraud Enforcement and Recovery Act acted a statutory framework for stra- ment to enable Federal agencies to and other key provisions, to give pros- tegic planning, goal setting, or per- spend taxpayer dollars wisely, while ecutors and investigators more tools to formance measurement. According to carrying out critical missions. The combat fraud. But we must remain the U.S. Government Accountability GPRA Modernization Act is an impor- vigilant, as the methods and tech- Office, before GPRA, few agencies had tant step towards accomplishing this niques used by those who would de- results-oriented performance informa- goal, and I urge my colleagues to sup- fraud hardworking Americans continue tion to manage or make strategic pol- port this legislation. to change. Too often, loopholes in ex- icy decisions. The Results Act was a bi- isting laws have meant that corrupt partisan effort that succeeded in estab- By Mr. LEAHY (for himself, Mr. conduct can go unchecked. The honest lishing a comprehensive and consistent WHITEHOUSE, and Mr. KAUF- services fraud statute has enabled pros- statutory foundation of required agen- MAN): ecutors to root out corrupt and fraudu- cy strategic plans, annual performance S. 3854. A bill to expand the defini- lent conduct that would otherwise slip plans, and annual performance reports. tion of scheme or artifice to defraud through those loopholes; we must GPRA is and must remain a corner- with respect to mail and wire fraud; to tighten it so it can perform that impor- stone of the Federal Government’s ef- the Committee on the Judiciary. tant role again. forts to strengthen strategic planning Mr. LEAHY. Mr. President, today, I Congress must act aggressively but across all agencies. am pleased to introduce the Honest carefully to strengthen our laws to Lessons learned from nearly two dec- Services Restoration Act with Senator root out corruption and fraud. By pre- ades worth of experience implementing WHITEHOUSE and Senator KAUFMAN. venting public officials and corporate the Results Act, informed by numerous The legislation will restore critical executives from acting in their own GAO reports and recommendations; tools used by investigators and pros- self-interest at the expense of the peo- confirm the need to strengthen the ecutors to combat public corruption ple they serve, the Honest Services statutory framework established by and corporate fraud, which the Su- Restoration Act closes a gap created by GPRA. preme Court dramatically weakened in Skilling and strengthens a critical law The legislation we offer today draws Skilling v. United States. enforcement tool. I look forward to on this experience, applying lessons In Skilling, the Court sided with an working with Senators from both par- learned to amend GPRA to address the Enron executive who had been con- ties to quickly pass this bill. limitations identified by GAO and victed of fraud, and in doing so, held Mr. President, I ask unanimous con- other observers. I will highlight a few that the honest services fraud statute sent that the text of the bill be printed of the important provisions in this bill. may be used to prosecute only bribery in the RECORD. Our bill requires the Director of the and kickbacks, but no other conduct. There being no objection, the text of Office of Management and Budget to That leaves other corrupt and fraudu- the bill was ordered to be printed in develop a Federal Government per- lent conduct which prosecutors in the the RECORD, as follows: formance plan and to coordinate with past addressed under the honest serv- S. 3854 agencies to develop Federal Govern- ices fraud statute to go unchecked. Be it enacted by the Senate and House of Rep- ment priority goals for management Most notably, the Court’s decision ex- resentatives of the United States of America in and policy issues that cut across agen- cluded undisclosed ‘‘self-dealing’’ by Congress assembled, cies. This provision addresses a long- state and federal public officials, and SECTION 1. SHORT TITLE. standing GAO recommendation that corporate officers and directors, which This Act may be cited as the ‘‘Honest Serv- the Federal Government develop a gov- is when those officials or executives se- ices Restoration Act’’.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7632 CONGRESSIONAL RECORD — SENATE September 28, 2010 SEC. 2. AMENDMENT TO TITLE 18. ‘‘(I) the officer or director; available to for-profit utilities simply (a) IN GENERAL.—Chapter 63 of title 18, ‘‘(II) the officer or director’s spouse or do not work—because there is no Fed- United States Code, is amended by inserting minor child; eral tax liability to offset with the after section 1346 the following: ‘‘(III) a general partner of the officer or di- credit. Yet the nearly 3,000 public ‘‘§ 1346A. Definition of ‘scheme or artifice to rector; defraud’ ‘‘(IV) another business or organization in power utilities and rural electric co- ‘‘(a) For purposes of this chapter, the term which the public official is serving as an em- operatives collectively serve 25 percent ‘scheme or artifice to defraud’ also in- ployee, officer, director, trustee, or general of the Nation’s electricity customers. cludes— partner; or These utilities are often ideally situ- ‘‘(1) a scheme or artifice by a public offi- ‘‘(V) an individual, business, or organiza- ated in terms of both geography and cial to engage in undisclosed self-dealing; or tion with whom the officer or director is ne- size to integrate clean and renewable ‘‘(2) a scheme or artifice by officers and di- gotiating for, or has any arrangement con- technologies into their systems. rectors to engage in undisclosed private self- cerning, prospective employment or finan- The original CREB program has been dealing. cial compensation; and extended twice and was modified in the ‘‘(b)(1) In subsection (a)(1)— ‘‘(ii) the officer or director knowingly fal- ‘‘(A) the term ‘undisclosed self-dealing’ sifies, conceals, or covers up material infor- Emergency Economic Stabilization Act means that— mation that is required to be disclosed re- of 2008 to make it more workable for ‘‘(i) a public official performs an official garding that financial interest by any Fed- public power and more attractive to in- act for the purpose, in whole or in part, of eral, State, or local statute, rule, regulation, stitutional investors. The Emergency benefitting or furthering a financial interest or charter applicable to the officer or direc- Economic Stabilization Act and the of— tor, or knowingly fails to disclose material American Recovery and Reinvestment ‘‘(I) the public official; information regarding that financial interest ‘‘(II) the public official’s spouse or minor Act of 2009 provided for an additional in a manner that is required by any Federal, $2.4 billion in CREB funding split child; State, or local statute, rule, regulation, or ‘‘(III) a general partner of the public offi- charter applicable to the officer or director; equally between public power pro- cial; ‘‘(B) the term ‘employer’ includes publicly viders, rural electric cooperatives, and ‘‘(IV) a business or organization in which traded corporations, and private charities other governmental bodies. In March the public official is serving as an employee, under section 501(c)(3) of the Internal Rev- 2010, Congress passed another very use- officer, director, trustee, or general partner; enue Code of 1986; and ful modification to the CREB program ‘‘(V) an individual, business, or organiza- ‘‘(C) the term ‘act’ includes a decision or by giving issuers of CREBs the option tion with whom the public official is negoti- recommendation to take, or not to take ac- ating for, or has any arrangement con- to issue the bonds as ‘‘direct-pay tion, and can be a single act, more than one bonds’’, similar to the structure of cerning, prospective employment or finan- act, or a course of conduct.’’. cial compensation; or (b) CHAPTER ANALYSIS.—The chapter anal- Build America Bonds. ‘‘(VI) a person, business, or organization ysis for chapter 63 of title 18, United States In the last round of CREBs, the de- from whom the public official has received a Code, is amended by inserting after the item mand for projects significantly exceed- thing of value or a series of things of value, for section 1346 the following: ed the availability of the limited $800 otherwise than as provided by law for the million for each category of issuer. proper discharge of official duty, or by rule ‘‘Sec. 1346A. Definition of ‘scheme or arti- or regulation; and fice to defraud’.’’. Public power and electric cooperative ‘‘(ii) the public official knowingly falsifies, utilities have billions of dollars in conceals, or covers up material information By Ms. CANTWELL (for herself, projects awaiting these incentives— that is required to be disclosed regarding Mr. NELSON of Nebraska, Mrs. with some even having the potential to that financial interest by any Federal, State, MURRAY, and Mr. SANDERS): use $800 million for a single project if or local statute, rule, regulation, or charter S. 3855. A bill to amend the Internal given the opportunity. applicable to the public official, or know- Revenue Code of 1986 to repeal the limi- This means we have an opportunity ingly fails to disclose material information tation on the issuance of new clean re- to unleash a wave of investments in regarding that financial interest in a manner newable energy bonds and to terminate that is required by any Federal, State, or clean energy. In Washington State, 50 local statute, rule, regulation, or charter ap- eligibility of governmental bodies to percent of customers are served by pub- plicable to the public official; issue such bonds, and for other pur- lic power providers. Nationwide, public ‘‘(B) the term ‘public official’ means an of- poses; to the Committee on Finance. power and cooperatives serve one in ficer, employee, or elected or appointed rep- Ms. CANTWELL. Mr. President, four electricity customers. Yet, if we resentative, or person acting for or on behalf today I am introducing legislation that look back over the history of the Sec- of the United States, a State, or subdivision will unleash a wave of investment in tion 45 tax credit and CREBs, Congress of a State, or any department, agency, or clean renewable energy. The Clean Re- typically shortchanges the consumer- branch thereof, in any official function, newable Energy Investment Act of 2010 under or by authority of any such depart- owned sector. Looking at the Joint ment agency or branch of Government; will remove the arbitrary cap on the Committee on Taxations estimates of ‘‘(C) the term ‘official act’— amount of Clean Renewable Energy the cost of all the major energy tax ‘‘(i) includes any act within the range of Bonds that can be issued by our Na- legislation since 2005, the resources al- official duty, and any decision, recommenda- tion’s consumer-owned public power located to CREBs have been roughly 1⁄10 tion, or action on any question, matter, providers and cooperative electric com- of the cost of extending or expanding, cause, suit, proceeding, or controversy, panies. This legislation will generate section 45. which may at any time be pending, or which significant private investment in re- My legislation would correct this in- may by law be brought before any public of- ficial, in such public official’s official capac- newable energy projects that will cre- consistency in our energy policy by re- ity or in such official’s place of trust or prof- ate thousands of jobs nationwide. moving the arbitrary cap on the vol- it; Congress first created Clean Renew- ume of CREBs that can be issued, and ‘‘(ii) can be a single act, more than one act, able Energy Bonds, or ‘‘CREBs’’ in 2005 would instead sunset the CREB pro- or a course of conduct; and in an attempt to parallel the tax incen- gram at the end of 2013, which is con- ‘‘(iii) includes a decision or recommenda- tive offered by the Section 45 tax credit sistent with the expiration of most tion that the Government should not take for electricity produced from renew- components of the section 45 credit. action; and able resources. However, the incentives It would also remove the ‘‘govern- ‘‘(D) the term ‘State’ includes a State of mental bodies’’ category from eligi- the United States, the District of Columbia, for consumer-owned utilities have and any commonwealth, territory, or posses- never been truly comparable to the bility for the bonds. The CREB pro- sion of the United States. subsidy we provide to for-profit, inves- gram was originally developed for util- ‘‘(2) In subsection (a)(2)— tor-owned utilities because unlike the ity-scale projects and this amendment ‘‘(A) the term ‘undisclosed private self- section 45 tax credit, CREBs have al- reflects that intent and puts the pro- dealing’ means that— ways been subject to an overall cap on gram in line with the Production Tax ‘‘(i) an officer or director performs an act the amount of bonds that can be issued Credit for investor-owned utilities. which causes or is intended to cause harm to nationwide. Since passage of the American Recov- the officer’s or director’s employer, and which is undertaken in whole or in part to Since consumer-owned utilities oper- ery and Reinvestment Act, Govern- benefit or further by an actual or intended ate on a not-for-profit basis and incur mental bodies now have their own bond value of $5,000 or more a financial interest no Federal income tax liability, tradi- program. They are eligible for the new of— tional production tax credits otherwise Qualified Energy Conservation Bonds,

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7633 QECBs, which is a more suitable pro- from this valuable program. In 2006 and 2007, I worked to include gram for these entities as they can fi- Inexplicably, while refusing to include nearly identical provisions in the Sen- nance both renewable and energy effi- the dairy industry because of its year- ate’s comprehensive immigration bills. ciency projects with QECBs. Under this round needs, the Department of Labor This legislation reflects those provi- legislation, Tribal utilities would re- extends new access to the H–2A pro- sions. The measure I introduce today is main eligible issuers of CREBs. gram to the logging industry, and con- a simple, targeted fix to our immigra- In addition, the bill clarifies that any tinues to offer access to these purport- tion laws that will enable dairy farm- reimbursement with bond proceeds is edly seasonal worker visas to the year- ers to gain the benefits of this impor- governed by the reimbursement rules round sheepherding industry. tant program. While I recognize that applicable to tax-exempt bonds. It is Today, I introduce the H–2A Improve- many agricultural employers are frus- widely recognized in the public finance ment Act with Senators GILLIBRAND trated by the current regulatory proc- community that the existing wording and SCHUMER. This bill will finally end ess, it is a critical first step, and a in Section 54A(d)(2)(D) is at best un- the inequity under current law. The H– matter of basic fairness that dairy clear, and at worst incorrect. State and 2A Improvement Act will make explicit farmers are afforded the same opportu- local government issuers of bonds are in law that dairy farms can use the H– nities to obtain labor as all other agri- familiar with the reimbursement rules 2A program, ensuring that dairy farm- cultural sectors. applicable to tax-exempt bonds and ers in Vermont, New York, and Although this legislation is nec- there is no tax policy reason to have throughout the Nation can find the essary to meet the immediate needs of two sets of reimbursement rules. labor they need to stay in business, dairy farmers, I also want to make ab- Finally, the bill insures that any new meeting the needs of their commu- solutely clear that I remain in com- CREBs allocated before the date of en- nities and American families. This leg- plete support of the more comprehen- actment of this bill are not affected by islation, which also gives statutory ac- sive AgJOBS legislation, which I joined cess to the H–2A program to sheep any of these amendments. The intent is Senator FEINSTEIN in introducing last herders and goat herders, contains pro- to ensure that the ‘‘government bod- year, and on which Senator FEINSTEIN visions to ensure that the benefit that ies’’ category is still able to issue pre- and others have worked tirelessly. I these workers provide to farmers is viously allocated CREBs and will not will continue to strongly support that maximized. The legislation authorizes be retroactively cut out of the pro- legislation, and Senator FEINSTEIN in this unique class of workers to remain gram. her efforts to see it enacted. AgJOBS is in the United States for an initial pe- This bill is good energy policy be- broader than the H–2A Improvement riod of 3 years, and gives U.S. Citizen- cause it will lead to the development of Act. It reforms the broader H–2A pro- ship and Immigration Services the au- thousands of megawatts of renewable gram to cover agricultural workers thority to approve a worker for an ad- power. It is good tax policy because it that are currently assisting American ditional 3-year period as needed. After maintains the integrity of the CREBs farmers, but who are not lawfully au- the initial 3-year period, the worker program, and it is overall good public thorized to work. It also makes impor- may petition to become a lawful per- policy because it provides parity be- tant, negotiated changes to streamline manent resident. tween investor-owned and consumer- the H–2A regulatory process for em- The failure to allow the dairy indus- owned utilities. ployers and workers. I recognize that try to participate in the H–2A program farmers across the country need a com- By Mr. LEAHY (for himself, Mrs. puts many dairy farmers in the situa- prehensive solution—from Vermont’s GILLIBRAND, and Mr. SCHUMER): tion of having to choose between their small dairy farms to the vast fields of S. 3858. A bill to improve the H–2A livelihoods and following the law. Late California. The solution that the agricultural worker program for use by last year, the Department of Homeland AgJOBS legislation proposes will ben- dairy workers, sheepherders, and goat Security audited at least four dairy efit agriculture across the Nation and herders, and for other purposes; to the farms in Vermont. Although I strongly is a solution I remain committed to Committee on the Judiciary. believe that the vast majority of dairy making a reality. Mr. LEAHY. Mr. President, in these farmers want to hire a lawful work- challenging economic times, dairy force, there is a critical shortage of do- I will also continue to work with farmers in Vermont, New York, and mestic workers available to work on Senate leadership and Senators from across America are experiencing par- dairy farms. Dairy farmers are often both sides of the aisle to accomplish ticularly difficult conditions. They ill-equipped to verify the authenticity our shared goals for broader reform of face both rock-bottom milk prices, and of documents that job applicants our Nation’s immigration system. In a severe labor shortage. There is an im- present. As a result, some of the work- the meantime, America’s dairy farmers mediate solution for one of these ers the farmers hire may not be law- must at least be placed on the same issues. Labor shortages could be met fully authorized to work. With all the footing as other agricultural interests with foreign agricultural workers challenges facing dairy farmers today, with respect to our current H–2A laws. under a special visa program, called H– we should help dairy farmers hire law- Mr. President, I ask unanimous con- 2A, which allows farmers who are un- ful workers, not leave them with the sent that the text of the bill be printed able to fill labor needs with domestic precarious choice of hiring workers in the RECORD. workers to hire temporary or seasonal who may be unauthorized, or hiring no There being no objection, the text of foreign workers. I have long sought to workers at all. the bill was ordered to be printed in include dairy farmers in the H–2A pro- Expanding the H–2A program to in- the RECORD, as follows: clude dairy workers would protect both gram, but the Department of Labor has S. 3858 consistently refused to interpret the American and foreign workers. It law to allow dairy farmers access to would protect American workers from Be it enacted by the Senate and House of Rep- seasonal foreign workers. having to compete with an unlawful resentatives of the United States of America in Congress assembled, Last fall, the Department of Labor work force, in which unscrupulous em- initiated a rulemaking process to re- ployers pay lower wages in often unsafe SECTION 1. SHORT TITLE. consider various aspects of the H–2A conditions. At the same time, it would This Act may be cited as the ‘‘H-2A Im- program. I repeatedly urged the De- protect foreign dairy workers, by re- provement Act’’. partment to exercise its authority to quiring that employers comply with SEC. 2. NONIMMIGRANT STATUS FOR DAIRY give dairy farmers access to H–2A existing H–2A regulations and wage WORKERS, SHEEPHERDERS, AND workers, both through comments I sub- and hour and occupational safety laws. GOAT HERDERS. mitted in the formal rulemaking and This legislation, if enacted, would give Section 101(a)(15)(H)(ii)(a) of the Immigra- by supporting the comments of the Na- foreign workers who seek employment tion and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting tional Milk Producers Federation. in the dairy industry the dignity and ‘‘who is coming temporarily to the United Nonetheless, on February 11, 2010, the certainty of lawful status and the op- States to perform agricultural labor or serv- Department released a final rule that portunity to be productive members of ices as a dairy worker, sheepherder, or goat continues to exclude the dairy industry the communities in which they work. herder, or’’ after ‘‘abandoning’’.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7634 CONGRESSIONAL RECORD — SENATE September 28, 2010 SEC. 3. SPECIAL RULES FOR ALIENS EMPLOYED (3) in subsection (j)(1), as redesignated by grams. Currently there is no dual de- AS DAIRY WORKERS, SHEEP- paragraph (1), by striking ‘‘The term’’ and HERDERS, OR GOAT HERDERS. gree program that combines nursing inserting ‘‘Except as provided under sub- and pharmacology. Section 218 of the Immigration and Nation- section (h)(2)(A), the term’’. ality Act (8 U.S.C. 1188) is amended— Through this dual collaborative role (1) by redesignating subsections (h) and (i) By Mr. INOUYE: we would be able to meet the unique as subsections (i) and (j), respectively; S. 3859. A bill to express the sense of needs of rural communities across age (2) by inserting after subsection (g) the fol- the Senate concerning the establish- continuums and in diverse settings. lowing: The nurse/pharmacist would enhance ‘‘(h) SPECIAL RULES FOR ALIENS EMPLOYED ment of Doctor of Nursing Practice and AS DAIRY WORKERS, SHEEPHERDERS, OR GOAT doctor of Pharmacy dual degree pro- collaboration between DNPs and physi- HERDERS.— grams; to the Committee on Health, cians regarding drug therapy. The pro- ‘‘(1) IN GENERAL.—Notwithstanding any Education, Labor, and Pensions. gram also would provide for the imple- other provision of this Act, an alien admit- Mr. INOUYE. Mr. President, today I mentation of safer medication adminis- ted as a nonimmigrant under section rise to recognize the need for a health tration. It would broaden the scope of 101(a)(15)(H)(ii)(a) for employment as a dairy care professional skilled in caring for practice for pharmacists through edu- worker, sheepherder, or goat herder— cation and training in diagnosis and ‘‘(A) may be admitted for an initial period the specific needs of a growing elderly of 3 years; and population. In the next 30 years we will management of common acute and ‘‘(B) subject to paragraph (3)(E), may have see a unique change in population de- chronic diseases, and create new em- such initial period of admission extended for mographics in this country. The geri- ployment opportunities for private an additional period of up to 3 years. atric population is increasing and by physician or nurse managed clinics, ‘‘(2) EXEMPTION FROM TEMPORARY OR SEA- the year 2030, the over 65 age group will walk-in clinics, school/college clinics, SONAL REQUIREMENT.—Not withstanding sec- make up 20 percent of the population. long-term facilities, veteran adminis- tion 101(a)(15)(H)(ii)(a), an employer filing a More people will reach the 100-year tration facilities, hospitals and hos- petition to employ H–2A workers in positions as dairy workers, sheepherders, or goat herd- mark. My home State of Hawai‘i is pital clinics, hospice centers, home ers shall not be required to show that such home to more 100-year olds per capita health care agencies, pharmaceutical positions are of a seasonal or temporary na- than any other State. The risk for de- companies, emergency departments, ture. veloping disease and illness becomes urgent care sites, physician group prac- ‘‘(3) ADJUSTMENT TO LAWFUL PERMANENT greater as one ages. As we see an in- tices, extended care facilities, and re- RESIDENT STATUS.— crease in the age of our population, search centers. ‘‘(A) ELIGIBLE ALIEN.—In this paragraph, those living with chronic illnesses such Additional research and evaluation the term ‘eligible alien’ means an alien as cardiovascular disease, respiratory would determine the extent of which who— diseases, diabetes and cancer, will con- ‘‘(i) has H–2A worker status based on em- graduates of this program improve pri- ployment as a dairy worker, sheepherder, or tinue to rise in numbers as well. These mary health care, address disparities, goat herder; are patient’s who require care in the diversify the workforce, and increase ‘‘(ii) has maintained such status in the ambulatory, hospital, and home care quality of service for underserved popu- United States for a not fewer than 33 of the settings. The chronically ill geriatric lations. preceding 36 months; and patients usually are living with mul- I urge you to consider the benefits of ‘‘(iii) is seeking to receive an immigrant tiple co-morbidities and possess poly the development of a joint degree in visa under section 203(b)(3)(A)(iii). pharmacy challenges. We are living in nursing and pharmacology. ‘‘(B) CLASSIFICATION PETITION.—A petition a time when it is crucial to develop the Mr. President, I ask unanimous con- under section 204 for classification of an eli- skills and expertise to care for these gible alien under section 203(b)(3)(A)(iii) may sent that the text of the bill be printed be filed by— patients and provide them with the in the RECORD. ‘‘(i) the alien’s employer on behalf of the quality health care they deserve in a There being no objection, the text of eligible alien; or cost effective manner. the bill was ordered to be printed in ‘‘(ii) the eligible alien. While the terms dual, joint, double or the RECORD, as follows: ‘‘(C) NO LABOR CERTIFICATION REQUIRED.— combined degrees are used inter- S. 3859 Notwithstanding section 203(b)(3)(C), no de- changeably, the overall definition is Be it enacted by the Senate and House of Rep- termination under section 212(a)(5)(A) is re- students working for two different and quired with respect to an immigrant visa resentatives of the United States of America in distinct degrees in parallel, completing Congress assembled, That: under section 203(b)(3)(A)(iii) for an eligible two degrees in less time than it would alien. SECTION 1. SHORT TITLE. take to complete each separately. ‘‘(D) EFFECT OF PETITION.—The filing of a This Act may be cited as the ‘‘Doctor of petition described in subparagraph (B) or an Under the leadership of Katharyn F. Nursing Practice and Doctor of Pharmacy application for adjustment of status based on Daub, EdD, CTN, CNE, Director School Dual Degree Program Act of 2010’’. a petition described in subparagraph (B) of Nursing, John M. Pezzuto, Ph.D., SEC. 2. FINDINGS. shall not be a basis fo denying— Dean, College of Pharmacy, and Donald The Senate makes the following findings: ‘‘(i) another petition to employ H–2A work- O. Straney, Ph.D., Chancellor, Univer- (1) The terms dual, joint, double or com- ers; sity of Hawai‘i at Hilo, the University bined degrees are used interchangeably, the ‘‘(ii) an extension of nonimmigrant status of Hawai‘i at Hilo has created a model overall definition is students working for for a H–2A worker; two different and distinct degrees in parallel, ‘‘(iii) admission of an alien as an H–2A that would partner both their school of completing two degrees in less time than it worker; nursing and pharmacy to meet the would take to complete each separately. ‘‘(iv) a request for a visa for an H–2A work- needs of the changing health care field (2) The overall purpose of the innovative er; through the implementation of a dual- cross cutting dual or joint degree nursing ‘‘(v) a request from an alien to modify the degree program that would combine a programs is to prepare nurses to expand the alien’s immigration status to or from status Doctor of Nursing Practice, DNP, with traditional scope of nursing practice, with as an H–2A worker; or a Doctor of Pharmacy, PharmD. the goal of strengthening health care teams. ‘‘(vi) a request made for an H–2A worker to The overall purpose of this innova- (3) The American Association of Colleges extend such worker’s stay in the United tive cross cutting dual or joint degree of Nursing (AACN) 2009 survey of schools of Stats. nursing documents that there are over 100 ‘‘(E) EXTENSION OF STAY.—The Secretary of nursing program is to prepare nurses to nursing schools that offer dual degree pro- Homeland Security shall extend the stay of expand the traditional scope of nursing grams of which 74 are MSN/MBA programs, an eligible alien having a pending or ap- practice, with the goal of strength- 34 are MSN/MPH programs, 10 are MSN/MHA proved petition described in subparagraph ening health care teams. The American programs, 5 are MSN/MPA programs, 4 are (B) in 1-year increments until a final deter- Association of Colleges of Nursing, MSN/MDIV programs, and 3 are MSN/JD pro- mination is made on the alien’s eligibility AACN, 2009 survey of schools of nursing grams. for adjustment of status to that of an alien documents that there are over 100 nurs- (4) There is currently no dual degree pro- lawfully admitted for permanent residence. ing schools that offer dual degree pro- gram that combines nursing and pharma- ‘‘(F) CONSTRUCTION.—Nothing in this para- cology. graph may be construed to prevent an eligi- grams: 74 MSN/MBA programs; 34 MSN/ (5) Recently, the University of Hawai‘i at ble alien from seeking adjustment of status MPH programs; 10 MSN/MHA pro- Hilo has explored the option of nursing and in accordance with any other provision of grams; 5 MSN/MPA programs; 4 MSN/ pharmacy partnering to meet the needs of law.’’; and MDIV programs; and 3 MSN/JD pro- the changing health care field.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7635 SEC. 3. SENSE OF THE SENATE. the most ecologically diverse regions Whereas Mr. Lind has made over 400 quilts It is the sense of the Senate that— in the country. North Fork Mountain in honor of other members of the Armed (1) there should be established a Doctor of is one of these incredible areas and has Forces who have been touched by war; Nursing Practice (DNP) and Doctor of Phar- earned the Forest Service’s highest Whereas Mr. Lind passed away on Sep- macy (PharmD) dual degree program; tember 10, 2010, at the age of 92; and (2) the development of a joint degree in rating for Natural Integrity in its Wil- Whereas Mr. Lind was a true patriot, who nursing and pharmacology should combine a derness Attribute Rating System. The continued his service to the Armed Forces of Doctor of Nursing Practice (DNP) with a mountain is a nesting site for peregrine the United States long after his retirement: Doctor of Pharmacy (PharmD); falcons and home to 120 rare plants, Now, therefore, be it (3) the significance of such a dual degree animals, and natural communities. Resolved, That the Senate honors Mr. Al- program would be improving patient out- With this wilderness designation all of fred Lind for— comes; these ecological treasures will be per- (1) his service to the United States as a sol- (4) through such a dual collaborative role, manently protected. dier and as a prisoner of war; and health providers will be better able to meet (2) his dedication to provide solace and the unique needs of rural communities Over the years I have heard from comfort through Quilts of Valor to members across the age continuum and in diverse set- hundreds of West Virginians about how of the Armed Forces and veterans alike. tings; important wilderness is to them. I have (5) such a dual degree program— heard from West Virginians who want f (A) would enhance collaboration between to make sure that they will be able to SENATE RESOLUTION 653—DESIG- Doctors of Nursing Practice and physicians continue to fish pristine streams and NATING OCTOBER 30, 2010, AS A regarding drug therapy; hunt in the forests. Wilderness is a (B) would provide for research concerning, NATIONAL DAY OF REMEM- and the implementation of, safer medication major draw for the outdoor tourism in- BRANCE FOR NUCLEAR WEAP- administration; dustry and will provide jobs. ONS PROGRAM WORKERS Finally, I want to extend my thanks (C) would broaden the scope of practice for Mr. BUNNING (for himself, Mr. pharmacists through education and training to Congressman MOLLOHAN, who has in- UDALL of New Mexico, Mr. ALEXANDER, in diagnosis and management of common troduced identical legislation in the Mr. BINGAMAN, Mrs. MURRAY, Mr. acute and chronic diseases; House of Representatives, for his lead- MCCONNELL, Mr. GRASSLEY, Ms. CANT- (D) would provide new employment oppor- ership on this issue. I will continue to WELL, Mr. REID, Mr. UDALL of Colorado, tunities for private physician or nurse man- work with all stakeholders involved to aged clinics, walk-in clinics, school or col- Mr. CORKER, Mr. VOINOVICH, and Mr. move this legislation forward and to lege clinics, long-term care facilities, Vet- SCHUMER) submitted the following res- address any concerns while ensuring eran Administration facilities, hospitals and olution; which was considered and the preservation of this truly special hospital clinics, hospice centers, home agreed to: health care agencies, pharmaceutical compa- place. nies, emergency departments, urgent care S. RES. 653 sites, physician group practices, extended f Whereas, since World War II, hundreds of care facilities, and research centers; and SUBMITTED RESOLUTIONS thousands of men and women, including ura- (E) would assist in filling the need for pri- nium miners, millers, and haulers, have mary care providers with an expertise in ger- served the United States by building the nu- iatrics and pharmaceuticals; and clear defense weapons of the United States; (6) additional research and evaluation SENATE RESOLUTION 652—HON- Whereas these dedicated workers paid a should be conducted to determine the extent ORING MR. ALFRED LIND FOR high price for their service to develop a nu- to which graduates of such a dual degree pro- HIS DEDICATED SERVICE TO THE clear weapons program for the benefit of the gram improve primary health care, address UNITED STATES OF AMERICA United States, including having developed disparities, diversify the workforce, and in- DURING WORLD WAR II AS A disabling or fatal illnesses; Whereas, in 2009, Congress recognized the crease quality of service for underserved pop- MEMBER OF THE ARMED ulations. contribution, service, and sacrifice these pa- FORCES AND A PRISONER OF triotic men and women made for the defense By Mr. ROCKEFELLER: WAR, AND FOR HIS TIRELESS of the United States; S. 3863. A bill to designate certain EFFORTS ON BEHALF OF OTHER Whereas, in the year prior to the approval Federal land within the Monongahela MEMBERS OF THE ARMED of this resolution, a national day of remem- National Forest as a component of the FORCES TOUCHED BY WAR brance time capsule has been crossing the United States, collecting artifacts and the National Wilderness Preservation Sys- Mrs. MURRAY submitted the fol- tem, and for other purposes; to the stories of the nuclear workers relating to the lowing resolution; which was consid- nuclear defense era of the United States; Committee on Energy and Natural Re- ered and agreed to: Whereas these stories and artifacts rein- sources. force the importance of recognizing these nu- Mr. ROCKEFELLER. Mr. President, I S. RES. 652 Whereas Mr. Alfred Lind served in World clear workers; and rise today to introduce the Whereas these patriotic men and women Monongahela Conservation Legacy Act War II from 1942 to 1945 as a member of the 58th Armored Field Artillery Battalion; deserve to be recognized for the contribu- of 2010. This important piece of legisla- Whereas Mr. Lind was wounded in action tion, service, and sacrifice they have made tion sets aside 6,042 acres of the in combat near Brolo, Sicily when his M-7 for the defense of the United States: Now, Monongahela National Forest on North self-propelled howitzer was hit during a tank therefore, be it Fork Mountain in Grant County, WV, battle; Resolved, That the Senate— to be included in the National Wilder- Whereas Mr. Lind was captured and held as (1) designates October 30, 2010, as a na- tional day of remembrance for nuclear weap- ness Preservation System. a prisoner of war for 2 years, being trans- ferred between Stalag IIB near Hammer- ons program workers, including uranium West Virginians have a proud tradi- miners, millers, and haulers, of the United tion of mining and logging that pro- stein, Stalag IIIB near Furstenberg, and Sta- lag IIIA near Luckenwalde; States; and vides needed resources for our entire (2) encourages the people of the United country. I have no doubt that this tra- Whereas, after the war, Mr. Lind returned to his roots as a farmer and retired after States to support and participate in appro- dition will continue for many decades many years of hard work; priate ceremonies, programs, and other ac- to come. However, at the same time, Whereas, after retiring, Mr. Lind turned tivities to commemorate October 30, 2010, as new development is coming to West his attention to supporting members of the a national day of remembrance for past and Virginia. This is needed development Armed Forces by making quilts for the present workers in the nuclear weapons pro- that provides jobs for West Virginians Quilts of Valor Foundation; gram of the United States. and helps support our economy. But Whereas the Quilt of Valor Foundation dis- f with this increased development comes tributes handmade quilts to members of the SENATE RESOLUTION 654—DESIG- a responsibility to set aside some part Armed Forces and veterans who have been wounded or touched by war to demonstrate NATING DECEMBER 18, 2010, AS of our natural environment for those support, honor and care for our Armed ‘‘GOLD STAR WIVES DAY’’ who come after us. Forces; The Monongahela National Forest Whereas the Quilt of Valor Foundation has Mr. BURR (for himself, Mr. WEBB, encompasses nearly 920,000 acres of made and distributed over 30,000 quilts to Mr. BURRIS, and Mrs. MURRAY) sub- land in the heart of the Appalachian members of the Armed Forces and veterans mitted the following resolution; which Mountain Range and contains some of since the foundation began in 2003; was considered and agreed to:

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7636 CONGRESSIONAL RECORD — SENATE September 28, 2010

S. RES. 654 Whereas approximately 1 in 113 individuals tories, community organizations, K-12 Whereas the Senate has always honored will be diagnosed with stomach cancer in schools, volunteers, corporate and private the sacrifices made by the spouses and fami- their lifetimes; sponsors, and nonprofit organizations have lies of the fallen members of the Armed Whereas an inherited form of stomach can- come together to organize the inaugural Forces of the United States; cer carries a 67 to 83 percent risk that an in- USA Science & Engineering Festival across Whereas the Gold Star Wives of America, dividual will be diagnosed with stomach can- the United States, including a 2-day expo- Inc. represents the spouses and families of cer by age 80; sition on the National Mall that will feature the members and veterans of the Armed Whereas, in the United States, stomach more than 1,500 hands-on activities and more Forces of the United States who have died on cancer is more prevalent among racial and than 75 stage shows: Now, therefore, be it Resolved, That the Senate— active duty or as a result of a service-con- ethnic minorities; (1) expresses the support of the Senate for nected disability; Whereas better patient and health care the inaugural USA Science & Engineering Whereas the primary mission of the Gold provider education is needed for the timely Festival to be held in October 2010 in Wash- Star Wives of America, Inc. is to provide recognition of stomach cancer risks and ington, D.C.; services, support, and friendship to the symptoms; (2) commends the Nobel Laureates, institu- spouses of the fallen members and veterans Whereas more research into effective early tions of higher education, corporate spon- of the Armed Forces of the United States; diagnosis, screening, and treatment for sors, and all the various organizations whose Whereas, in 1945, the Gold Star Wives of stomach cancer is needed; and efforts will make the USA Science & Engi- America, Inc. was organized with the help of Whereas November 2010 is an appropriate neering Festival possible; and Mrs. to assist the families month to observe ‘‘Stomach Cancer Aware- ness Month’’: Now, therefore, be it (3) encourages students and their families left behind by the fallen members and vet- to participate in the activities which will erans of the Armed Forces of the United Resolved, That the Senate— (1) designates November 2010 as ‘‘Stomach take place on the National Mall and across States; the United States at satellite locations as Whereas the first meeting of the Gold Star Cancer Awareness Month’’; (2) supports efforts to educate the people of part of the inaugural USA Science & Engi- Wives of America, Inc. was in 1945; neering Festival. Whereas December 18, 2010, marks the 65th the United States about stomach cancer; anniversary of the incorporation of the Gold (3) recognizes the need for additional re- f search into early diagnosis and treatment Star Wives of America; SENATE RESOLUTION 657—CELE- Whereas the members and veterans of the for stomach cancer; and (4) encourages the people of the United BRATING THE 75TH ANNIVER- Armed Forces of the United States bear the SARY OF THE DEDICATION OF burden of protecting freedom for the United States and interested groups to observe and States; and support November 2010 as ‘‘Stomach Cancer THE HOOVER DAM Whereas the sacrifices of the families of Awareness Month’’ through appropriate pro- Mr. REID (for himself, Mr. ENSIGN, grams and activities to promote public the fallen members and veterans of the and Mrs. FEINSTEIN) submitted the fol- Armed Forces of the United States should awareness of, and potential treatments for, stomach cancer. lowing resolution; which was consid- never be forgotten: Now, therefore, be it ered and agreed to: Resolved, That the Senate— f S. RES. 657 (1) designates December 18, 2010, as ‘‘Gold SENATE RESOLUTION 656—EX- Star Wives Day’’; Whereas the Hoover Dam, a concrete arch- (2) honors and recognizes— PRESSING SUPPORT FOR THE IN- gravity storage dam, was built in the Black (A) the contributions of the members of AUGURAL USA SCIENCE & ENGI- Canyon of the Colorado River between the the Gold Star Wives of America, Inc.; and NEERING FESTIVAL States of Nevada and Arizona, forever chang- ing how water is managed across the West; (B) the dedication of the members of the Mr. KAUFMAN (for himself, Mr. Gold Star Wives of America, Inc. to the Whereas, on September 30, 1935, President REID, Mr. BAUCUS, Mr. ROCKFELLER, Franklin D. Roosevelt dedicated the Hoover members and veterans of the Armed Forces and Mr. AKAKA) submitted the fol- Dam; of the United States; and lowing resolution; which was consid- Whereas the construction of the Hoover (3) encourages the people of the United Dam created Lake Mead, a reservoir that can States to observe ‘‘Gold Star Wives Day’’ to ered and agreed to: store an amount of water that is equal to 2 promote awareness of— S. RES. 656 years average flow of the Colorado River; (A) the contributions and dedication of the Whereas the global economy of the future Whereas the construction of the Hoover members of the Gold Star Wives of America, will require a workforce that is educated in Dam provided vitally critical flood control, Inc. to the members and veterans of the the fields of science, technology, engineer- water supply, and electrical power and Armed Forces of the United States; and ing, and mathematics (referred to in this helped to create and support the economic preamble as ‘‘STEM’’); (B) the important role the Gold Star Wives growth and development of the South- of America, Inc. plays in the lives of the Whereas a new generation of American stu- western United States; spouses and families of the fallen members dents educated in STEM is crucial to ensure Whereas the Hoover Dam has prevented an and veterans of the Armed Forces of the continued economic growth; estimated $50,000,000,000 in flood damages in United States. Whereas advances in technology have re- the Lower Colorado River Basin; sulted in significant improvements in the Whereas the Hoover Dam provides water f daily lives of the people of the United States; for more than 18,000,000 people and 1,000,000 Whereas scientific discoveries are critical acres of farmland in the States of Arizona, SENATE RESOLUTION 655—DESIG- to curing diseases, solving global challenges, California, and Nevada and 500,000 acres of NATING NOVEMBER 2010 AS and expanding our understanding of the farmland in Mexico, as well as produces an ‘‘STOMACH CANCER AWARENESS world; average of 4,000,000,000 kilowatt-hours of hy- MONTH’’ AND SUPPORTING EF- Whereas strengthening the interest of droelectric power each year; FORTS TO EDUCATE THE PUBLIC American students, particularly young Whereas the Hoover Dam, an engineering women and underrepresented minorities, in ABOUT STOMACH CANCER marvel at 726.4 feet from bedrock to crest, STEM education is necessary to maintain was the highest dam in the world at the time Mr. FEINGOLD (for himself and Mr. the global competitiveness of the United the Hoover Dam was constructed; DURBIN) submitted the following reso- States; Whereas the Hoover Dam is an enduring lution; which was considered and Whereas countries around the world have symbol of the ingenuity of the United States agreed to: held science festivals that have brought to- and the persistence of hardworking Ameri- gether hundreds of thousands of visitors to cans during the Great Depression; S. RES. 655 celebrate science; Whereas the Hoover Dam is the model for Whereas stomach cancer is one of the most Whereas the inaugural 2009 San Diego major water management projects around difficult cancers to detect and treat in the Science Festival attracted more than 500,000 the world; and early stages of the disease, which contrib- participants and inspired a national STEM Whereas the Hoover Dam is registered as a utes to high mortality rates and human suf- effort; National Historic Landmark on the National fering; Whereas the mission of the USA Science & Register of Historic Places and is considered Whereas stomach cancer is the second Engineering Festival is to reinvigorate the 1 of 7 modern engineering wonders by the leading cause of cancer mortality worldwide; interest of the young people of the United American Society of Civil Engineers: Now, Whereas, in 2009, an estimated 21,000 new States in STEM by producing exciting and therefore, be it cases of stomach cancer were diagnosed in educational science and engineering gath- Resolved, That the Senate— the United States; erings; and (1) celebrates and acknowledges the thou- Whereas, in 2010, an estimated 10,000 Amer- Whereas thousands of individuals from uni- sands of workers and families that overcame icans will die from stomach cancer; versities, museums and science centers, difficult working conditions and great chal- Whereas the estimated 5-year survival rate STEM professional societies, educational so- lenges to make construction of the Hoover for stomach cancer is only 26 percent; cieties, government agencies and labora- Dam possible;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7637 (2) celebrates and acknowledges the eco- the young people of the United States, to SENATE RESOLUTION 660—EX- nomic, cultural, and historic significance of adopt the elements of character as intrinsic PRESSING SUPPORT FOR A PUB- the Hoover Dam; to the well-being of individuals, commu- LIC DIPLOMACY PROGRAM PRO- (3) recognizes the past, present, and future nities, and society; MOTING ADVANCEMENTS IN benefits of the construction of the Hoover Whereas many schools in the United States Dam to the agricultural, industrial, and recognize the need, and have taken steps, to SCIENCE, TECHNOLOGY, ENGI- urban development of the Southwestern integrate the values of their communities NEERING, AND MATHEMATICS United States; and into their teaching activities; and MADE BY OR IN PARTNERSHIP (4) joins the States of Arizona, California, Whereas the establishment of ‘‘National WITH THE PEOPLE OF THE Nevada, and the people of the United States Character Counts Week’’, during which indi- UNITED STATES in celebrating the 75th anniversary of the viduals, families, schools, youth organiza- Mr. KAUFMAN (for himself and Mr. dedication of the Hoover Dam. tions, religious institutions, civic groups, LUGAR) submitted the following resolu- and other organizations focus on character f education, is of great benefit to the United tion; which was considered and agreed to: SENATE RESOLUTION 658—DESIG- States: Now, therefore, be it NATING THE WEEK BEGINNING Resolved, That the Senate— S. RES. 660 OCTOBER 17, 2010, AS ‘‘NATIONAL (1) designates the week beginning October Whereas science, technology, engineering, 17, 2010, as ‘‘National Character Counts CHARACTER COUNTS WEEK’’ and mathematics are vital fields of increas- Week’’; and ing importance in driving the economic en- Mr. DODD (for himself, Mr. GRASS- (2) calls upon the people of the United gine and ensuring the security of the United LEY, Mr. BROWN of Ohio, Mr. CORNYN, States and interested groups— States; Mr. LEVIN, Mr. LIEBERMAN, Mr. PRYOR, (A) to embrace the elements of character Whereas science, technology, engineering, identified by local schools and communities, and mathematics have played, and will con- Mr. ROCKEFELLER, and Mrs. MURRAY) such as trustworthiness, respect, responsi- tinue to play, critical roles in helping to de- submitted the following resolution; bility, fairness, caring, and citizenship; and velop clean energy technologies, find life- which was considered and agreed to: (B) to observe the week with appropriate saving cures for diseases, solve security chal- S. RES. 658 ceremonies, programs, and activities. lenges, and discover new solutions for dete- Whereas the well-being of the United riorating transportation and infrastructure; f States requires that the young people of the Whereas the United States is recognized as United States become an involved, caring an international leader in science, tech- SENATE RESOLUTION 659—SUP- nology, engineering, and mathematics and a citizenry of good character; PORTING ‘‘LIGHTS ON AFTER- Whereas the character education of chil- destination for individuals from all over the dren has become more urgent, as violence by SCHOOL’’, A NATIONAL CELEBRA- world studying in those fields; and against youth increasingly threatens the TION OF AFTERSCHOOL PRO- Whereas in partnership with countries and physical and psychological well-being of the GRAMS individuals across the globe, the people of the United States have made advances in people of the United States; Mr. DODD (for himself, Mr. ENSIGN, Whereas more than ever, children need science, technology, engineering, and mathe- Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, strong and constructive guidance from their matics that have advanced the knowledge families and their communities, including Mr. COCHRAN, Mr. SPECTER, Mr. and improved the condition of human beings schools, youth organizations, religious insti- WHITEHOUSE, Ms. SNOWE, Mr. SANDERS, everywhere; tutions, and civic groups; Mr. NELSON of Nebraska, Mr. LAUTEN- Whereas international scientific coopera- tion enhances relationships among partici- Whereas the character of a nation is only BERG, Mr. CARPER, Mrs. GILLIBRAND, pating countries by building trust and in- as strong as the character of its individual Mrs. MURRAY, Mr. BURR, and Mrs. creasing understanding between those coun- citizens; BOXER) submitted the following resolu- tries and cultures through the collaborative Whereas the public good is advanced when tion; which was considered and agreed nature of scientific dialogue; young people are taught the importance of to: Whereas partnerships between the people good character and the positive effects that of other countries and the people of the good character can have in personal relation- S. RES. 659 United States are the most effective form of ships, in school, and in the workplace; Whereas high-quality afterschool programs public diplomacy, helping to counter mis- Whereas scholars and educators agree that provide safe, challenging, engaging, and fun conceptions based on fear, ignorance, and people do not automatically develop good learning experiences that help children and misinformation; character and that, therefore, conscientious youth develop their social, emotional, phys- Whereas consistent polling and scholarly efforts must be made by institutions and in- ical, cultural, and academic skills; research have shown that even countries dividuals that influence youth to help young Whereas high-quality afterschool programs that disagree with some aspects of United people develop the essential traits and char- support working families by ensuring that States foreign policy admire the leadership acteristics that comprise good character; the children in such families are safe and of the United States in science, technology, Whereas although character development productive after the regular school day ends; engineering, and mathematics; and is, first and foremost, an obligation of fami- Whereas high-quality afterschool programs Whereas international scientific coopera- lies, the efforts of faith communities, build stronger communities by involving stu- tion has produced successful engagement and schools, and youth, civic, and human service dents, parents, business leaders, and adult led to improved relations with countries that organizations also play an important role in volunteers in the lives of the youth of the exhibited hostility to the United States in fostering and promoting good character; Nation, thereby promoting positive relation- the past, including Russia and the People’s Whereas Congress encourages students, ships among children, youth, families, and Republic of China: Now, therefore, be it teachers, parents, youth, and community adults; Resolved, That the Senate— leaders to recognize the importance of char- Whereas high-quality afterschool programs (1) commends individuals and institutions acter education in preparing young people to engage families, schools, and diverse commu- that participate in and support advance- play a role in determining the future of the nity partners in advancing the well-being of ments in science, technology, engineering, United States; the children in the United States; and mathematics, especially through inter- Whereas effective character education is Whereas ‘‘Lights On Afterschool’’, a na- national partnerships; based on core ethical values, which form the tional celebration of afterschool programs (2) supports the Science Envoy Program as foundation of a democratic society; held on October 21, 2010, highlights the crit- representative of the commitment of the Whereas examples of character are trust- ical importance of high-quality afterschool United States to collaborate with other worthiness, respect, responsibility, fairness, programs in the lives of children, their fami- countries to promote the advancement of caring, citizenship, and honesty; lies, and their communities; science and technology throughout the world Whereas elements of character transcend Whereas more than 28,000,000 children in based on issues of common interest and ex- cultural, religious, and socioeconomic dif- the United States have parents who work pertise; and ferences; outside the home and 15,100,000 children in (3) encourages the Secretary of State to es- Whereas the character and conduct of our the United States have no place to go after tablish a public diplomacy program that uses youth reflect the character and conduct of school; and embassies of the United States and the re- society, and, therefore, every adult has the Whereas many afterschool programs across sources of the Smithsonian Institution and responsibility to teach and model ethical the United States are struggling to keep other such institutions— values and every social institution has the their doors open and their lights on: Now, (A) to establish engaging exhibits that pro- responsibility to promote the development of therefore, be it vide examples of cooperation between insti- good character; Resolved, That the Senate supports the tutions and the people of the United States Whereas Congress encourages individuals goals and ideals of ‘‘Lights On Afterschool’’, and the institutions and people of the host and organizations, especially those that have a national celebration of afterschool pro- country in the fields of science, technology, an interest in the education and training of grams. engineering, and mathematics;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7638 CONGRESSIONAL RECORD — SENATE September 28, 2010 (B) to create fora for individuals working Rules of the Senate is amended by striking (1) striking subparagraph (a); and or conducting research in science, tech- ‘‘duly chosen and sworn’’ and inserting (2) redesignating subparagraphs (b) nology, engineering, and mathematics in the ‘‘present and voting’’. through (e) as subparagraphs (a) through (d), host country to discuss their work and the SEC. 2. MOTIONS TO PROCEED. respectively. cooperation with the institutions and people Paragraph 2 of rule VIII of the Standing SEC. 8. READING OF AMENDMENTS. of the United States and those of the host Rules of the Senate is amended to read as Paragraph 1 of rule XV of the Standing country; and follows Rules of the Senate is amended by inserting (C) to encourage future cooperation and re- ‘‘2. Debate on a motion to proceed to the at the end the following: lationships with students around the world consideration of any matter, and any debat- ‘‘(c) The reading of an amendment may be in science, technology, engineering, and able motion or appeal in connection there- waived by a nondebatable motion if the mathematics. with, shall be limited to not more than 4 amendment has been printed in the Congres- hours, to be equally divided between, and f sional Record and available for at least 24 controlled by, the majority leader and the hours before the motion.’’. minority leader or their designees except SENATE RESOLUTION 661—TO AU- SEC. 9. ALLOWING AMENDMENTS WHEN AMEND- for— MENTS PENDING BY A LIMITED MO- THORIZE REPRESENTATION BY ‘‘(1) a motion to proceed to a proposal to THE SENATE LEGAL COUNSEL IN TION. change the Standing Rules which shall be de- Rule XV of the Standing Rules of the Sen- THE CASE OF MCCARTHY V. batable; and ate is amended by adding at the end the fol- BYRD, ET AL ‘‘(2) a motion to go into executive session lowing: Mr. REID (for himself and Mr. to consider a specified item of executive ‘‘6.(a) If an amendment is pending and ex- business and a motion to proceed to consider cept as provided in subparagraph (b), a MCCONNELL) submitted the following any privileged matter which shall not be de- resolution; which was considered and nondebateable motion shall be in order to set batable.’’. aside any pending amendments in order to agreed to: SEC. 3. NO FILIBUSTER AFTER COMPLETE SUB- offer another germane amendment. No Sen- S. RES. 661 STITUTE IS AGREED TO. ator shall offer more than 1 such motion in Paragraph 2 of rule XXII of the Standing Whereas, in the case of McCarthy v. Byrd, any calendar day and the Senate shall con- Rules of the Senate is amended by inserting sider not more than 5 such motions in any et al., Case No. 1:10–CV–03317, pending in the at the end the following: calendar day. United States District Court for the District ‘‘If a complete substitute amendment for a ‘‘(b)(1) A nondebateable motion shall be in of New Jersey, plaintiff has named as a de- measure is agreed to after consideration order to waive the requirement of germane- fendant the President Pro Tempore of the under cloture, the Senate shall proceed to a ness under subparagraph (a). Senate; and final disposition of the measure without in- ‘‘(2) A waiver motion under this subpara- Whereas, pursuant to sections 703(a) and tervening action or debate except one graph shall require three-fifths of the Sen- 704(a)(1) of the Ethics in Government Act of quorum call if requested.’’. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the ators duly chosen and sworn. SEC. 4. NO FILIBUSTER RELATED TO COMMIT- ‘‘(c) An affirmative vote of three-fifths of Senate may direct its counsel to defend TEES ON CONFERENCE. Members and officers of the Senate in civil Rule XXVIII of the Standing Rules of the the Senators duly chosen and sworn shall be actions relating to their official responsibil- Senate is amended by inserting at the end required to sustain an appeal of a ruling by ities: Now therefore, be it the following: the chair on a point of order raised under Resolved, That the Senate Legal Counsel is ‘‘10.(a) Upon the Majority Leader making a this paragraph.’’. authorized to represent Senator Inouye, the motion to disagree with a House amendment f or amendments or insist on a Senate amend- President Pro Tempore of the Senate, in the AMENDMENTS SUBMITTED AND case of McCarthy v. Byrd, et al. ment or amendments, request a conference with the House, or agree to the conference PROPOSED f requested by the House on the disagreeing SA 4667. Mr. WEBB (for himself and Mr. SENATE RESOLUTION 662—TO votes of the two Houses, and that the chair WARNER) submitted an amendment intended AMEND THE STANDING RULES be authorized to appoint conferees on the to be proposed by him to the bill S. 3454, to part of the Senate, debate on the motion, OF THE SENATE TO REFORM authorize appropriations for fiscal year 2011 and any debatable motion or appeal in con- for military activities of the Department of THE FILIBUSTER RULES TO IM- nection therewith, shall be limited to not PROVE THE DAILY PROCESS OF Defense, for military construction, and for more than 4 hours, to be equally divided be- defense activities of the Department of En- THE SENATE tween, and controlled by, the majority lead- ergy, to prescribe military personnel er and the minority leader or their des- strengths for such fiscal year, and for other Mr. UDALL of Colorado submitted ignees. the following resolution; which was re- ‘‘(b) A motion made by the majority leader purposes; which was ordered to lie on the ferred to the Committee on Rules and pursuant to subparagraph (a) shall not be di- table. SA 4668. Mr. DURBIN (for Mr. KYL (for Administration: visible and shall not be subject to amend- ment.’’. himself, Mr. MERKLEY, Mr. BURR, Mrs. FEIN- S. RES. 662 STEIN, Mr. ISAKSON, Ms. COLLINS, and Mr. SEC. 5. TIME PRECLOTURE. VITTER)) proposed an amendment to the bill Whereas the Senate has operated under the Paragraph 2 of rule XXII of the Standing H.R. 5566, to amend title 18, United States cloture rules for many decades; Rules of the Senate is amended— Whereas there has been a marked increase (1) in the first subparagraph of paragraph Code, to prohibit interstate commerce in in the use of the filibuster in recent years; 2, by striking ‘‘one hour after the Senate animal crush videos, and for other purposes. SA 4669. Mr. DURBIN (for Mr. BINGAMAN) Whereas sweeping, monumental legislation meets on the following calendar day but proposed an amendment to the bill H.R. 3940, affecting economic recovery, reform of the one’’ and inserting ‘‘24 hours after the filing to amend Public Law 96–597 to clarify the au- healthcare system, reform of the financial of the motion’’; and thority of the Secretary of the Interior to regulatory system, and many other initia- (2) in the third undesignated paragraph, by extend grants and other assistance to facili- tives all were enacted in the 111th Congress striking the second sentence and inserting tate political status public education pro- after overcoming filibusters; ‘‘Except by unanimous consent, no amend- grams for the peoples of the non-self-gov- Whereas both parties have used the fili- ment shall be proposed after the vote to erning territories of the United States. buster to prevent the passage of controver- bring the debate to a close, unless it had SA 4670. Mr. DURBIN (for Mr. BINGAMAN) sial legislation; been submitted in writing to the Journal proposed an amendment to the bill H.R. 3940, Whereas the Senate rules regarding cloture Clerk 12 hours following the filing of the clo- supra. serve the legitimate purpose of protecting ture motion if an amendment in the first de- SA 4671. Mr. DURBIN (for Mr. AKAKA) pro- the rights of the minority; gree, and unless it had been so submitted at posed an amendment to the bill H.R. 3219, to Whereas there are many areas where the least 1 hour prior to the beginning of the clo- amend title 38, United States Code, and the rules of the Senate have been abused, and ture vote if an amendment in the second de- Servicemembers Civil Relief Act to make can make way for changes that will improve gree.’’. certain improvements in the laws adminis- the daily process of the Senate; and SEC. 6. DIVISION OF TIME POSTCLOTURE. Whereas bipartisan cooperation can over- tered by the Secretary of Veterans Affairs, The fourth undesignated subparagraph of and for other purposes. come nearly any obstacle in the United paragraph 2 of rule XXII of the Standing SA 4672. Mr. DURBIN (for Mr. AKAKA) pro- States Senate, changing the Senate rules Rules of the Senate is amended by inserting must also be done with bipartisan coopera- posed an amendment to the bill H.R. 3219, ‘‘(to be equally divided between the majority supra. tion: Now, therefore, be it and the minority)’’ after ‘‘thirty hours of Resolved, consideration’’. f SECTION 1. CHANGING VOTE THRESHOLD TO SEC. 7. ALLOWING COMMITTEES TO MEET WITH- TEXT OF AMENDMENTS PRESENT AND VOTING. OUT CONSENT. The second undesignated subparagraph of Paragraph 5 of rule XXVI of the Standing SA 4667. Mr. WEBB (for himself and paragraph 2 of rule XXII of the Standing Rules of the Senate is amended by— Mr. WARNER) submitted an amendment

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7639 intended to be proposed by him to the (b) UNIFIED COMBATANT COMMAND DE- SEC. 3. ANIMAL CRUSH VIDEOS. bill S. 3454, to authorize appropriations FINED.—In this section, the term ‘‘unified (a) IN GENERAL.—Section 48 of title 18, for fiscal year 2011 for military activi- combatant command’’ has the meaning given United States Code, is amended to read as ties of the Department of Defense, for that term in section 161(c)(1) of title 10, follows: United States Code. military construction, and for defense ‘‘§ 48. Animal crush videos activities of the Department of Energy, SA 4668. Mr. DURBIN (for Mr. KYL ‘‘(a) DEFINITION.—In this section the term ‘animal crush video’ means any photograph, to prescribe military personnel (for himself, Mr. MERKLEY, Mr. BURR, strengths for such fiscal year, and for motion-picture film, video or digital record- Mrs. FEINSTEIN, Mr. ISAKSON, Ms. COL- ing, or electronic image that— other purposes; which was ordered to LINS, and Mr. VITTER)) proposed an ‘‘(1) depicts actual conduct in which 1 or lie on the table; as follows: amendment to the bill H.R. 5566, to more living non-human mammals, birds, rep- At the end of subtitle E of title IX, add the amend title 18, United States Code, to tiles, or amphibians is intentionally crushed, following: prohibit interstate commerce in ani- burned, drowned, suffocated, impaled, or oth- SEC. 953. LIMITATIONS ON DISESTABLISHMENT mal crush videos, and for other pur- erwise subjected to serious bodily injury (as OR RELATED ACTIONS REGARDING poses; as follows: defined in section 1365 and including conduct THE UNIFIED COMBATANT COM- that, if committed against a person and in Strike all after the enacting clause and in- MANDS. the special maritime and territorial jurisdic- sert the following: (a) IN GENERAL.—The President may not tion of the United States, would violate sec- disestablish, close, or realign a unified com- SECTION 1. SHORT TITLE. tion 2241 or 2242); and batant command until the later of the fol- This Act may be cited as the ‘‘Animal ‘‘(2) is obscene. Crush Video Prohibition Act of 2010’’. lowing: ‘‘(b) PROHIBITIONS.— SEC. 2. FINDINGS. (1) The submittal by the Secretary of De- ‘‘(1) CREATION OF ANIMAL CRUSH VIDEOS.—It fense to the congressional defense commit- The Congress finds the following: shall be unlawful for any person to know- tees of a proposal for the disestablishment, (1) The United States has a long history of ingly create an animal crush video, or to at- closure, or realignment of the combatant prohibiting the interstate sale, marketing, tempt or conspire to do so, if— command that sets forth the following: advertising, exchange, and distribution of ‘‘(A) the person intends or has reason to (A) A description of the purpose and goals obscene material and speech that is integral know that the animal crush video will be dis- of, and the analytical basis and justification to criminal conduct. tributed in, or using a means or facility of, for, the proposal. (2) The Federal Government and the States interstate or foreign commerce; or (B) A list of alternatives, if any, considered have a compelling interest in preventing in- ‘‘(B) the animal crush video is distributed before recommending the proposal, including tentional acts of extreme animal cruelty. in, or using a means or facility of, interstate options such as the consolidation or elimi- (3) Each of the several States and the Dis- or foreign commerce. nation of selected functions at the command. trict of Columbia criminalize intentional ‘‘(2) DISTRIBUTION OF ANIMAL CRUSH VID- (C) A detailed plan of action and mile- acts of extreme animal cruelty, such as the EOS.—It shall be unlawful for any person to stones for the proposal, including a specific intentional crushing, burning, drowning, suf- knowingly sell, market, advertise, exchange, description of the functions proposed for ter- focating, or impaling of animals for no so- or distribute an animal crush video in, or mination, retention, reduction, expansion, or cially redeeming purpose. using a means or facility of, interstate or transfer, and the projected impacts of such (4) There are certain extreme acts of ani- foreign commerce, or to attempt or conspire actions on military personnel, civilian em- mal cruelty that appeal to a specific sexual to do so. ployees, and contractor staff. fetish. These acts of extreme animal cruelty ‘‘(c) EXTRATERRITORIAL APPLICATION.—Sub- (D) An assessment of the impact of the pro- are videotaped, and the resulting video tapes section (b) shall apply to the knowing sale, posal on the accomplishment of the main are commonly referred to as ‘‘animal crush marketing, advertising, exchange, distribu- missions of the command, including a de- videos’’. tion, or creation of an animal crush video scription and assessment of the manner in (5) The Supreme Court of the United States outside of the United States, or any attempt which such missions will be performed dur- has long held that obscenity is an exception or conspiracy to do so, if— ing and upon completion of the proposal. to speech protected under the First Amend- ‘‘(1) the person engaging in such conduct (E) An evaluation of the impacts of the ment to the of the United intends or has reason to know that the ani- proposal on expenditures of Federal funds, States. mal crush video will be transported into the including an estimate of any cost savings or (6) In the judgment of Congress, many ani- United States or its territories or posses- cost increases that may be incurred by the mal crush videos are obscene in the sense sions; or Department of Defense or other departments that the depictions, taken as a whole— ‘‘(2) the animal crush video is transported and agencies of the Federal Government as a (A) appeal to the prurient interest in sex; into the United States or its territories or result of the proposal. (B) are patently offensive; and possessions.’’ (F) An assessment of the impacts of the (C) lack serious literary, artistic, political, ‘‘(d) PENALTY.—Any person who violates plan on employment and the economy in the or scientific value. subsection (b) shall be fined under this title, localities affected by the proposal. (7) Serious criminal acts of extreme animal imprisoned for not more than 7 years, or (G) An environmental impact statement cruelty are integral to the creation, sale, dis- both. that reviews the environmental and socio- tribution, advertising, marketing, and ex- ‘‘(e) EXCEPTIONS.— economic impacts of the proposal at each lo- change of animal crush videos. ‘‘(1) IN GENERAL.—This section shall not cation anticipated to experience an increase (8) The creation, sale, distribution, adver- apply with regard to any visual depiction or decrease of more than 300 uniformed, ci- tising, marketing, and exchange of animal of— vilian, or contract personnel as a result of crush videos is intrinsically related and inte- ‘‘(A) customary and normal veterinary or the proposal. gral to creating an incentive for, directly agricultural husbandry practices; (2) The submittal by the Secretary to the causing, and perpetuating demand for the se- ‘‘(B) the slaughter of animals for food; or congressional defense committees of a cer- rious acts of extreme animal cruelty the vid- ‘‘(C) hunting, trapping, or fishing. tification that the disestablishment, closure, eos depict. The primary reason for those ‘‘(2) GOOD-FAITH DISTRIBUTION.—This sec- or realignment of the combatant command criminal acts is the creation, sale, distribu- tion shall not apply to the good-faith dis- will not adversely affect military readiness, tion, advertising, marketing, and exchange tribution of an animal crush video to— joint concept development and experimen- of the animal crush video image. ‘‘(A) a law enforcement agency; or tation, joint training, joint capabilities de- (9) The serious acts of extreme animal cru- ‘‘(B) a third party for the sole purpose of velopment, or current and future joint oper- elty necessary to make animal crush videos analysis to determine if referral to a law en- ations. are committed in a clandestine manner forcement agency is appropriate. (3) The submittal by the Comptroller Gen- that— ‘‘(f) NO PREEMPTION.—Nothing in this sec- eral of the United States to the congres- (A) allows the perpetrators of such crimes tion shall be construed to preempt the law of sional defense committees of a report setting to remain anonymous; any State or local subdivision thereof to pro- forth a review and assessment of the pro- (B) makes it extraordinarily difficult to es- tect animals.’’. posal submitted under paragraph (1). tablish the jurisdiction within which the un- (b) CLERICAL AMENDMENT.—The item relat- (4) A period of 30 legislative days or 60 cal- derlying criminal acts of extreme animal ing to section 48 in the table of sections for endar days, whichever is longer, elapses fol- cruelty occurred; and chapter 3 of title 18, United States Code, is lowing the day on which the Comptroller (C) often precludes proof that the criminal amended to read as follows: General submits the report referred to in acts occurred within the statute of limita- paragraph (3). For purposes of this para- tions. ‘‘48. Animal crush videos.’’. graph, 30 legislative days shall be treated as (10) Each of the difficulties described in (c) SEVERABILITY.—If any provision of sec- having elapsed from the date of the sub- paragraph (9) seriously frustrates and im- tion 48 of title 18, United States Code (as mittal of a report only when 30 legislative pedes the ability of State authorities to en- amended by this section), or the application days has elapsed from that date in both the force the criminal statutes prohibiting such of the provision to any person or cir- Senate and the House of Representatives. behavior. cumstance, is held to be unconstitutional,

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7640 CONGRESSIONAL RECORD — SENATE September 28, 2010 the provision and the application of the pro- provements in the laws administered Sec. 406. Consideration of loss of dominant vision to other persons or circumstances by the Secretary of Veterans Affairs, hand in prescription of schedule shall not be affected thereby. and for other purposes; as follows: of severity of traumatic injury under Servicemembers’ Group Strike all after the enacting clause and in- SA 4669. Mr. DURBIN (for Mr. BINGA- Life Insurance. sert the following: MAN) proposed an amendment to the Sec. 407. Enhancement of veterans’ mort- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. bill H.R. 3940, to amend Public Law 96– gage life insurance. (a) SHORT TITLE.—This Act may be cited as Sec. 408. Expansion of individuals qualifying 597 to clarify the authority of the Sec- the ‘‘Veterans’ Benefits Act of 2010’’. for retroactive benefits from retary of the Interior to extend grants (b) TABLE OF CONTENTS.—The table of con- traumatic injury protection and other assistance to facilitate polit- tents for this Act is as follows: coverage under ical status public education programs Sec. 1. Short title; table of contents. Servicemembers’ Group Life In- for the peoples of the non-self-gov- Sec. 2. References to title 38, United States surance. erning territories of the United States; Code. TITLE V—BURIAL AND CEMETERY as follows: TITLE I—EMPLOYMENT, SMALL MATTERS BUSINESS, AND EDUCATION MATTERS Strike all after the enacting clause and in- Sec. 501. Increase in certain burial and fu- sert the following: Sec. 101. Extension and expansion of author- neral benefits and plot allow- ity for certain qualifying work- SECTION 1. SENSE OF CONGRESS REGARDING ances for veterans. POLITICAL STATUS EDUCATION IN study activities for purposes of Sec. 502. Interment in national cemeteries GUAM. the educational assistance pro- of parents of certain deceased It is the sense of Congress that the Sec- grams of the Department of veterans. retary of the Interior may provide technical Veterans Affairs. Sec. 503. Reports on selection of new na- assistance to the Government of Guam under Sec. 102. Reauthorization of Veterans’ Advi- tional cemeteries. section 601(a) of the Act entitled ‘‘An Act to sory Committee on Education. TITLE VI—COMPENSATION AND PENSION Sec. 103. 18-month period for training of new authorize appropriations for certain insular Sec. 601. Enhancement of disability com- disabled veterans’ outreach pro- areas of the United States, and for other pur- pensation for certain disabled gram specialists and local vet- poses’’, approved December 24, 1980 (48 U.S.C. veterans with difficulties using erans’ employment representa- 1469d(a)), for public education regarding po- prostheses and disabled vet- tives by National Veterans’ litical status options only if the political erans in need of regular aid and Employment and Training status options are consistent with the Con- attendance for residuals of Services Institute. stitution of the United States. traumatic brain injury. Sec. 104. Clarification of responsibility of Sec. 602. Cost-of-living increase for tem- SEC. 2. MINIMUM WAGE IN AMERICAN SAMOA Secretary of Veterans Affairs AND THE COMMONWEALTH OF THE porary dependency and indem- to verify small business owner- NORTHERN MARIANA ISLANDS. nity compensation payable for ship. (a) DELAYED EFFECTIVE DATE.—Section surviving spouses with depend- Sec. 105. Demonstration project for referral 8103(b) of the Fair Minimum Wage Act of 2007 ent children under the age of 18. of USERRA claims against Fed- (29 U.S.C. 206 note) (as amended by section Sec. 603. Payment of dependency and indem- eral agencies to the Office of 520 of division D of Public Law 111–117) is nity compensation to survivors Special Counsel. of former prisoners of war who amended— Sec. 106. Veterans Energy-Related Employ- died on or before September 30, (1) in paragraph (1)(B), by inserting ‘‘(ex- ment Program. cept 2011 when there shall be no increase)’’ Sec. 107. Pat Tillman Veterans’ Scholarship 1999. Sec. 604. Exclusion of certain amounts from after ‘‘thereafter’’ the second place it ap- Initiative. pears; and consideration as income for TITLE II—HOUSING AND HOMELESSNESS (2) in paragraph (2)(C), by striking ‘‘except purposes of veterans pension MATTERS that, beginning in 2010’’ and inserting ‘‘ex- benefits. cept that there shall be no such increase in Sec. 201. Reauthorization of appropriations Sec. 605. Commencement of period of pay- 2010 or 2011 and, beginning in 2012’’. for Homeless Veterans Re- ment of original awards of com- (b) GAO REPORT.—Section 8104 of such Act integration Program. pensation for veterans retired (as amended) is amended— Sec. 202. Homeless women veterans and or separated from the uni- (1) by striking subsections (a) and (b) and homeless veterans with chil- formed services for cata- inserting the following: dren reintegration grant pro- strophic disability. ‘‘(a) REPORT.—The Government Account- gram. Sec. 606. Applicability of limitation to pen- ability Office shall assess the impact of min- Sec. 203. Specially Adapted Housing assist- sion payable to certain children imum wage increases that have occurred ive technology grant program. of veterans of a period of war. pursuant to section 8103, and not later than Sec. 204. Waiver of housing loan fee for cer- Sec. 607. Extension of reduced pension for September 1, 2011, shall transmit to Congress tain veterans with service-con- certain veterans covered by a report of its findings. The Government Ac- nected disabilities called to ac- Medicaid plans for services fur- countability Office shall submit subsequent tive service. nished by nursing facilities. reports not later than April 1, 2013, and every TITLE III—SERVICEMEMBERS CIVIL Sec. 608. Codification of 2009 cost-of-living 2 years thereafter until the minimum wage RELIEF ACT MATTERS adjustment in rates of pension in the respective territory meets the federal Sec. 301. Residential and motor vehicle for disabled veterans and sur- minimum wage.’’; and leases. viving spouses and children. (2) by redesignating subsection (c) as sub- Sec. 302. Termination of telephone service TITLE VII—EMPLOYMENT AND REEM- section (b). contracts. PLOYMENT RIGHTS OF MEMBERS OF Sec. 303. Enforcement by the Attorney Gen- THE UNIFORMED SERVICES SA 4670. Mr. DURBIN (for Mr. BINGA- eral and by private right of ac- Sec. 701. Clarification that USERRA pro- MAN) proposed an amendment to the tion. hibits wage discrimination bill H.R. 3940, to amend Public Law 96– TITLE IV—INSURANCE MATTERS against members of the Armed 597 to clarify the authority of the Sec- Sec. 401. Increase in amount of supple- Forces. mental insurance for totally Sec. 702. Clarification of the definition of retary of the Interior to extend grants ‘‘successor in interest’’. and other assistance to facilitate polit- disabled veterans. Sec. 402. Permanent extension of duration of Sec. 703. Technical amendments. ical status public education programs Servicemembers’ Group Life In- TITLE VIII—BENEFITS MATTERS for the peoples of the non-self-gov- surance coverage for totally Sec. 801. Increase in number of veterans for erning territories of the United States; disabled veterans. which programs of independent as follows: Sec. 403. Adjustment of coverage of depend- living services and assistance Amend the title so as to read: ‘‘To clarify ents under Servicemembers’ may be initiated. the availability of existing funds for polit- Group Life Insurance. Sec. 802. Payment of unpaid balances of De- ical status education in the Territory of Sec. 404. Opportunity to increase amount of partment of Veterans Affairs Guam, and for other purposes.’’. Veterans’ Group Life Insurance. guaranteed loans. Sec. 405. Elimination of reduction in Sec. 803. Eligibility of disabled veterans and amount of accelerated death SA 4671. Mr. DURBIN (for Mr. members of the Armed Forces benefit for terminally-ill per- with severe burn injuries for AKAKA) proposed an amendment to the sons insured under automobiles and adaptive bill H.R. 3219, to amend title 38, United Servicemembers’ Group Life In- equipment. States Code, and the Servicemembers surance and Veterans’ Group Sec. 804. Enhancement of automobile assist- Civil Relief Act to make certain im- Life Insurance. ance allowance for veterans.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7641

Sec. 805. National Academies review of best (c) EFFECTIVE DATE.—The amendment ‘‘(B) in the case of a small business concern treatments for chronic multi- made by subsection (b) shall take effect on for which the person who owns and controls symptom illness in Persian October 1, 2011. the concern indicates that the person is a Gulf War veterans. SEC. 102. REAUTHORIZATION OF VETERANS’ AD- veteran with a service-connected disability, Sec. 806. Extension and modification of Na- VISORY COMMITTEE ON EDUCATION. that the person is a veteran with a service- tional Academy of Sciences re- Section 3692(c) is amended by striking ‘‘De- connected disability.’’. views and evaluations on illness cember 31, 2009’’ and inserting ‘‘December 31, (2) APPLICABILITY.—In the case of a small and service in Persian Gulf War 2013’’. business concern included in the database as and Post-9/11 Global Operations SEC. 103. 18-MONTH PERIOD FOR TRAINING OF of the date of the enactment of this Act for Theaters. NEW DISABLED VETERANS’ OUT- which, as of such date, the Secretary of Vet- Sec. 807. Extension of authority for regional REACH PROGRAM SPECIALISTS AND erans Affairs has not verified the status of office in Republic of the Phil- LOCAL VETERANS’ EMPLOYMENT such concern in accordance with paragraph REPRESENTATIVES BY NATIONAL ippines. (4) of subsection (f) of section 8127 of title 38, Sec. 808. Extension of an annual report on VETERANS’ EMPLOYMENT AND TRAINING SERVICES INSTITUTE. United States Code, as amended by para- equitable relief. graph (1), not later than 60 days after the Sec. 809. Authority for the performance of (a) 18-MONTH PERIOD.—Section 4102A(c)(8)(A) is amended by striking ‘‘three- date of the enactment of this Act, the Sec- medical disability examina- year period’’ and inserting ‘‘18-month pe- retary shall notify the person who owns and tions by contract physicians. riod’’. controls the concern that— TITLE IX—AUTHORIZATION OF MEDICAL (b) EFFECTIVE DATE.— (A) the Secretary is required to verify the FACILITY PROJECTS AND MAJOR MED- (1) APPLICABILITY TO NEW EMPLOYEES.—The status of the concern in accordance with ICAL FACILITY LEASES amendment made by subsection (a) shall such paragraph, as so amended; Sec. 901. Authorization of fiscal year 2011 apply with respect to a State employee as- (B) verification of such status shall require major medical facility leases. signed to perform the duties of a disabled that the person who owns and controls the Sec. 902. Modification of authorization veterans’ outreach program specialist or a concern apply for inclusion in the database amount for major medical facil- local veterans’ employment representative in accordance with such subsection, as so ity construction project pre- under chapter 41 of title 38, United States amended; viously authorized for the De- Code, who is so assigned on or after the date (C) application for inclusion in the data- partment of Veterans Affairs of the enactment of this Act. base shall constitute permission under sec- Medical Center, , (2) APPLICABILITY TO PREVIOUSLY-HIRED EM- tion 552a of title 5, United States Code (com- Louisiana. PLOYEES.—In the case of such a State em- monly referred to as the Privacy Act), for Sec. 903. Modification of authorization ployee who is so assigned on or after January the Secretary to access such personal infor- amount for major medical facil- 1, 2006, and before the date of the enactment mation maintained by the Secretary as may ity construction project pre- of this Act, the Secretary of Labor shall re- be necessary to verify the information con- viously authorized for the De- quire the State to require, as a condition of tained in the application; and partment of Veterans Affairs a grant or contract under which funds are (D) the person who owns and controls the Medical Center, Long Beach, made available to the State in order to carry concern must submit to the Secretary all in- California. out section 4103A or 4104 of title 38, United formation required by the Secretary under Sec. 904. Authorization of appropriations. States Code, each such employee to satisfac- this paragraph within 90 days of receiving Sec. 905. Requirement that bid savings on torily complete the training described in sec- the Secretary’s notice of such requirement major medical facility projects tion 4102A(c)(8)(A) of such title by not later or the concern shall be removed from the of Department of Veterans Af- than the date that is 18 months after the database. fairs be used for other major date of the enactment of this Act. medical facility construction SEC. 105. DEMONSTRATION PROJECT FOR RE- FERRAL OF USERRA CLAIMS projects of the Department. SEC. 104. CLARIFICATION OF RESPONSIBILITY OF SECRETARY OF VETERANS AFFAIRS AGAINST FEDERAL AGENCIES TO TITLE X—OTHER MATTERS TO VERIFY SMALL BUSINESS OWN- THE OFFICE OF SPECIAL COUNSEL. Sec. 1001. Technical corrections. ERSHIP. (a) ESTABLISHMENT OF PROJECT.—The Sec- Sec. 1002. Statutory Pay-As-You-Go Act (a) SHORT TITLE.—This section may be retary of Labor and the Office of Special compliance. cited as the ‘‘Veterans Small Business Counsel shall carry out a 36-month dem- SEC. 2. REFERENCES TO TITLE 38, UNITED Verification Act’’. onstration project under which certain STATES CODE. (b) CLARIFICATION OF RESPONSIBILITY OF claims against Federal executive agencies Except as otherwise expressly provided, SECRETARY OF VETERANS AFFAIRS TO VERIFY under chapter 43 of title 38, United States whenever in this Act an amendment or re- SMALL BUSINESS OWNERSHIP.— Code, are referred to, or otherwise received peal is expressed in terms of an amendment (1) CLARIFICATION.—Section 8127(f) is by, the Office of Special Counsel for assist- to, or a repeal of, a section or other provi- amended— ance, including investigation and resolution sion, the reference shall be considered to be (A) in paragraph (2)— of the claim as well as enforcement of rights made to a section or other provision of title (i) by inserting ‘‘(A)’’ before ‘‘To be eligi- with respect to the claim. The demonstra- 38, United States Code. ble’’; tion program shall begin not later than 60 TITLE I—EMPLOYMENT, SMALL BUSINESS, (ii) by inserting after ‘‘or the veteran.’’ the days after the Comptroller General of the AND EDUCATION MATTERS following new sentence: ‘‘Application for in- United States submits the report required clusion in the database shall constitute per- under subsection (e)(3). SEC. 101. EXTENSION AND EXPANSION OF AU- (b) REFERRAL OF ALL PROHIBITED PER- THORITY FOR CERTAIN QUALIFYING mission under section 552a of title 5 (com- WORK-STUDY ACTIVITIES FOR PUR- monly referred to as the Privacy Act) for the SONNEL PRACTICE CLAIMS TO THE OFFICE OF POSES OF THE EDUCATIONAL AS- Secretary to access such personal informa- SPECIAL COUNSEL.— SISTANCE PROGRAMS OF THE DE- tion maintained by the Secretary as may be (1) IN GENERAL.—Under the demonstration PARTMENT OF VETERANS AFFAIRS. necessary to verify the information con- project, the Office of Special Counsel shall (a) EXTENSION.—Paragraph (4) of section tained in the application.’’; and receive and investigate all claims under 3485(a) is amended by striking ‘‘June 30, (iii) by inserting after the sentence added chapter 43 of title 38, United States Code, 2010’’ each place it appears and inserting by clause (ii) the following new subpara- with respect to Federal executive agencies in ‘‘June 30, 2013’’. graph: cases where the Office of Special Counsel has (b) ACTIVITIES IN STATE VETERANS AGEN- ‘‘(B) If the Secretary receives an applica- jurisdiction over related claims pursuant to CIES.—Such paragraph is further amended by tion for inclusion in the database from an in- section 1212 of title 5, United States Code. adding at the end the following new subpara- dividual whose status as a veteran cannot be (2) RELATED CLAIMS.—For purposes of para- graphs: verified because the Secretary does not graph (1), a related claim is a claim involv- ‘‘(G) Any activity of a State veterans agen- maintain information with respect to the ing the same Federal executive agency and cy related to providing assistance to vet- veteran status of the individual, the Sec- the same or similar factual allegations or erans in obtaining any benefit under the retary may not include the small business legal issues as those being pursued under a laws administered by the Secretary or the concern owned and controlled by the indi- claim under chapter 43 of title 38, United laws of the State. vidual in the database maintained by the States Code. ‘‘(H) A position working in a Center of Ex- Secretary until the Secretary receives such (c) REFERRAL OF OTHER CLAIMS AGAINST cellence for Veteran Student Success, as es- information as may be necessary to verify FEDERAL EXECUTIVE AGENCIES.— tablished pursuant to part T of title VIII of that the individual is a veteran.’’; and (1) IN GENERAL.—Under the demonstration the Higher Education Act of 1965 (20 U.S.C. (B) by striking paragraph (4) and inserting project, the Secretary— 1161t et seq.). the following new paragraph (4): (A) shall refer to the Office of Special ‘‘(I) A position working in a cooperative ‘‘(4) No small business concern may be list- Counsel all claims described in paragraph (2) program carried out jointly by the Depart- ed in the database until the Secretary has made during the period of the demonstration ment and an institution of higher learning. verified that— project; and ‘‘(J) Any other veterans-related position in ‘‘(A) the small business concern is owned (B) may refer any claim described in para- an institution of higher learning.’’. and controlled by veterans; and graph (2) filed before the demonstration

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7642 CONGRESSIONAL RECORD — SENATE September 28, 2010 project that is pending before the Secretary demonstration project and at the conclusion, (1) The State shall repay to the Secretary, at the beginning of the demonstration in order for the Comptroller General to as- on such date as shall be determined by the project. sess the reliability of the demonstration Secretary, any amount received under the (2) CLAIMS DESCRIBED.—A claim described data maintained by both the Office of Spe- pilot program that is not used for the pur- in this paragraph is a claim under chapter 43 cial Counsel and the Department of Labor poses described in subsection (c). of title 38, United States Code, against a and to review the relative performance of the (2) The State shall submit to the Sec- Federal executive agency by a claimant with Office and Department under the demonstra- retary, at such times and containing such in- a social security account number with an tion project. formation as the Secretary shall require, re- odd number as its terminal digit or, in the (g) GOVERNMENT ACCOUNTABILITY OFFICE ports on the use of grant funds. case of a claim that does not contain a social REPORT.—The Comptroller General shall re- (e) EMPLOYER REQUIREMENTS.—In order to security account number, a case number as- view the relative performance of the Office receive a grant made by a State under the signed to the claim with an odd number as of Special Counsel and the Department of pilot program, an energy employer shall— its terminal digit. Labor under the demonstration project and— (1) submit to the administrator of the (d) ADMINISTRATION OF DEMONSTRATION (1) not later than one year after the com- State Energy-Related Employment Program PROJECT.— mencement of the demonstration project, an application that includes— (1) IN GENERAL.—The Office of Special and annually thereafter during the period (A) the rate of pay, during and after train- Counsel shall administer the demonstration when the demonstration project is con- ing, for each eligible veteran proposed to be project. The Secretary shall cooperate with ducted, submit to the Committees on Vet- trained using grant funds; the Office of Special Counsel in carrying out erans’ Affairs of the Senate and House of (B) the average rate of pay for an indi- the demonstration project. Representatives an interim report on the vidual employed by the energy employer in a (2) TREATMENT OF CERTAIN TERMS IN CHAP- demonstration project; and similar position who is not an eligible vet- TER 43 OF TITLE 38, UNITED STATES CODE.—In (2) not later than 90 days after the conclu- eran; and the case of any claim referred to, or other- sion of the demonstration project, submit to (C) such other information and assurances wise received by, the Office of Special Coun- such committees a final report that includes as the administrator may require; and sel under the demonstration project, any ref- the findings and conclusions of the Comp- (2) agree to submit to the administrator, erence to the ‘‘Secretary’’ in sections 4321, troller General regarding the relative per- for each quarter, a report containing such in- 4322, and 4326 of title 38, United States Code, formance of the Office and the Department formation as the Secretary may specify. is deemed to be a reference to the ‘‘Office of under the demonstration project and such (f) LIMITATION.—None of the funds made Special Counsel’’. recommendations as the Comptroller Gen- available to an energy employer through a (3) ADMINISTRATIVE JURISDICTION.—In the eral determines are appropriate. grant under the pilot program may be used case of any claim referred to, or otherwise SEC. 106. VETERANS ENERGY-RELATED EMPLOY- to provide training of any kind to— received by, the Office of Special Counsel MENT PROGRAM. (1) a person who is not an eligible veteran; under the demonstration project, the Office (a) ESTABLISHMENT OF PILOT PROGRAM.—To or of Special Counsel shall retain administra- encourage the employment of eligible vet- (2) an eligible veteran for whom the em- tive jurisdiction over the claim. erans in the energy industry, the Secretary ployer has received a grant, credit, or sub- (e) DATA COMPARABILITY FOR REVIEWING of Labor, as part of the Veterans Workforce sidy under any other provision of law. AGENCY PERFORMANCE.— Investment Program, shall carry out a pilot (g) REPORT TO CONGRESS.—Together with (1) IN GENERAL.—To facilitate the review of program to be known as the ‘‘Veterans En- the report required to be submitted annually the relative performance of the Office of Spe- ergy-Related Employment Program’’. Under under section 4107(c) of title 38, United cial Counsel and the Department of Labor the pilot program, the Secretary shall award States Code, the Secretary shall submit to during the demonstration project, the Office competitive grants to not more than three Congress a report on the pilot program for of Special Counsel and the Department of States for the establishment and administra- the year covered by such report. The report Labor shall jointly establish methods and tion of a State program to make grants to on the pilot program shall include a detailed procedures to be used by both the Office and energy employers that provide covered train- description of activities carried out under the Department during the demonstration ing, on-job training, apprenticeships, and this section and an evaluation of the pro- project. Such methods and procedures shall certification classes to eligible veterans. gram. include each of the following: Such a program shall be known as a ‘‘State (h) ADMINISTRATIVE AND REPORTING (A) Definitions of performance measures, Energy-Related Employment Program’’. COSTS.—Of the amounts appropriated pursu- including— (b) ELIGIBILITY FOR GRANTS.—To be eligible ant to the authorization of appropriations (i) customer satisfaction; to receive a grant under the pilot program, a under subsection (j), two percent shall be (ii) cost (such as, but not limited to, aver- State shall submit to the Secretary an appli- made available to the Secretary for adminis- age cost per claim); cation that includes each of the following: trative costs associated with implementing (iii) timeliness (such as, but not limited to, (1) A proposal for the expenditure of grant and evaluating the pilot program under this average processing time, case age); funds to establish and administer a public- section and for preparing and submitting the (iv) capacity (such as, but not limited to, private partnership program designed to pro- report required under subsection (f). The staffing levels, education, grade level, train- vide covered training, on-job training, ap- Secretary shall determine the appropriate ing received, caseload); and prenticeships, and certification classes to a maximum amount of each grant awarded (v) case outcomes. significant number of eligible veterans and under this section that may be used by the (B) Definitions of case outcomes. ensure lasting and sustainable employment recipient for administrative and reporting (C) Data collection methods and timing of in well-paying jobs in the energy industry. costs. collection. (2) Evidence that the State has— (i) DEFINITIONS.—For purposes of this sec- (D) Data quality assurance processes. (A) a population of eligible veterans of an tion: (2) JOINT REPORT TO CONGRESS.—Not later appropriate size to carry out the State pro- (1) The term ‘‘covered training, on-job than 90 days after the date of the enactment gram; training, apprenticeships, and certification of this Act, the Special Counsel and the Sec- (B) a robust and diverse energy industry; classes’’ means training, on-job training, ap- retary of Labor shall jointly submit to the and prenticeships, and certification classes that Committees on Veterans’ Affairs of the Sen- (C) the ability to carry out the State pro- are— ate and House of Representatives and to the gram described in the proposal under para- (A) designed to provide the veteran with Comptroller General of the United States a graph (1). skills that are particular to an energy indus- report describing the methods and proce- (3) Such other information and assurances try and not directly transferable to employ- dures established under paragraph (1). as the Secretary may require. ment in another industry; and (3) COMPTROLLER GENERAL REPORT.—Not (c) USE OF FUNDS.—A State that is the re- (B) approved as provided in paragraph (1) later than 30 days after the date of the sub- cipient of a grant under this section shall or (2), as appropriate, of subsection (a) of sec- mittal of the report under paragraph (2), the use the grant for the following purposes: tion 3687 of title 38, United States Code. Comptroller General shall submit to the (1) Making grants to energy employers to (2) The term ‘‘eligible veteran’’ means a Committees on Veterans’ Affairs of the Sen- reimburse such employers for the cost of pro- veteran, as that term is defined in section ate and House of Representatives a report on viding covered training, on-job training, ap- 101(2) of title 38, United States Code, who is the report submitted under paragraph (2) and prenticeships, and certification classes to el- employed by an energy employer and en- may provide recommendations for improving igible veterans who are first hired by the em- rolled or participating in a covered training, the methods and procedures described there- ployer on or after November 1, 2010. on-job training, apprenticeship, or certifi- in. (2) Conducting outreach to inform energy cation class. (f) AGENCY DATA TO GOVERNMENT ACCOUNT- employers and veterans, including veterans (3) The term ‘‘energy employer’’ means an ABILITY OFFICE.—The Office of Special Coun- in rural areas, of their eligibility or poten- entity that employs individuals in a trade or sel and the Secretary of Labor shall submit tial eligibility for participation in the State business in an energy industry. to the Comptroller General such information program. (4) The term ‘‘energy industry’’ means any and data about the demonstration project as (d) CONDITIONS.—Under the pilot program, of the following industries: may be required by the Comptroller General, each grant to a State shall be subject to the (A) The energy-efficient building, con- from time to time during the course of the following conditions: struction, or retrofits industry.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7643 (B) The renewable electric power industry, under this section, which shall include an TITLE III—SERVICEMEMBERS CIVIL including the wind and solar energy indus- evaluation of services furnished to veterans RELIEF ACT MATTERS tries. under this section and an analysis of the in- SEC. 301. RESIDENTIAL AND MOTOR VEHICLE (C) The biofuels industry. formation collected under subsection (c). LEASES. (D) The energy efficiency assessment in- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Subsection (e) of section 305 of the dustry that serves the residential, commer- (1) In addition to any amount authorized to Servicemembers Civil Relief Act (50 U.S.C. cial, or industrial sectors. be appropriated to carry out section 2021 of App. 535) is amended to read as follows: (E) The oil and natural gas industry. this title, there is authorized to be appro- ‘‘(e) ARREARAGES AND OTHER OBLIGATIONS (F) The nuclear industry. priated to carry out this section $1,000,000 for AND LIABILITIES.— (j) APPROPRIATIONS.—There is authorized each of fiscal years 2011 through 2015. ‘‘(1) LEASES OF PREMISES.—Rent amounts for a lease described in subsection (b)(1) that to be appropriated to the Secretary $1,500,000 ‘‘(2) Funds appropriated to carry out this are unpaid for the period preceding the effec- for each of fiscal years 2012 through 2014, for section shall remain available until ex- tive date of the lease termination shall be the purpose of carrying out the pilot pro- pended. Funds obligated in any fiscal year to paid on a prorated basis. The lessor may not gram under this section. carry out this section may be expended in impose an early termination charge, but any SEC. 107. PAT TILLMAN VETERANS’ SCHOLAR- that fiscal year and the succeeding fiscal taxes, summonses, or other obligations and SHIP INITIATIVE. year.’’. (a) AVAILABILITY OF SCHOLARSHIP INFORMA- liabilities of the lessee in accordance with (b) CLERICAL AMENDMENT.—The table of TION.—By not later than June 1, 2011, the the terms of the lease, including reasonable sections at the beginning of such chapter is Secretary of Veterans Affairs shall include charges to the lessee for excess wear, that amended by inserting after the item relating on the Internet website of the Department of are due and unpaid at the time of termi- to section 2021 the following new item: Veterans Affairs a list of organizations that nation of the lease shall be paid by the les- provide scholarships to veterans and their ‘‘2021A. Homeless women veterans and home- see. survivors and, for each such organization, a less veterans with children re- ‘‘(2) LEASES OF MOTOR VEHICLES.—Lease link to the Internet website of the organiza- integration grant program.’’. amounts for a lease described in subsection tion. SEC. 203. SPECIALLY ADAPTED HOUSING ASSIST- (b)(2) that are unpaid for the period pre- (b) MAINTENANCE OF SCHOLARSHIP INFORMA- IVE TECHNOLOGY GRANT PROGRAM. ceding the effective date of the lease termi- TION.—The Secretary of Veterans Affairs nation shall be paid on a prorated basis. The (a) IN GENERAL.—Chapter 21 is amended by shall make reasonable efforts to notify lessor may not impose an early termination adding at the end the following new section: schools and other appropriate entities of the charge, but any taxes, summonses, title and opportunity to be included on the Internet ‘‘§ 2108. Specially adapted housing assistive registration fees, or other obligations and li- website of the Department of Veterans Af- technology grant program abilities of the lessee in accordance with the fairs pursuant to subsection (a). ‘‘(a) AUTHORITY TO MAKE GRANTS.—The terms of the lease, including reasonable TITLE II—HOUSING AND HOMELESSNESS Secretary shall make grants to encourage charges to the lessee for excess wear or use MATTERS the development of new assistive tech- and mileage, that are due and unpaid at the time of termination of the lease shall be paid SEC. 201. REAUTHORIZATION OF APPROPRIA- nologies for specially adapted housing. by the lessee.’’. TIONS FOR HOMELESS VETERANS ‘‘(b) APPLICATION.—A person or entity REINTEGRATION PROGRAM. seeking a grant under this section shall sub- SEC. 302. TERMINATION OF TELEPHONE SERVICE CONTRACTS. Section 2021(e)(1)(F) is amended by strik- mit to the Secretary an application for the ing ‘‘2009’’ and inserting ‘‘2011’’. (a) IN GENERAL.—Section 305A of the grant in such form and manner as the Sec- Servicemembers Civil Relief Act (50 U.S.C. SEC. 202. HOMELESS WOMEN VETERANS AND retary shall specify. App. 535a) is amended to read as follows: HOMELESS VETERANS WITH CHIL- ‘‘(c) GRANT FUNDS.—(1) Each grant awarded DREN REINTEGRATION GRANT PRO- ‘‘SEC. 305A. TERMINATION OF TELEPHONE SERV- GRAM. under this section shall be in an amount of ICE CONTRACTS. not more than $200,000 per fiscal year. (a) GRANT PROGRAM.—Chapter 20 is amend- ‘‘(a) TERMINATION BY SERVICEMEMBER.— ed by inserting after section 2021 the fol- ‘‘(2) For each fiscal year in which the Sec- ‘‘(1) TERMINATION.—A servicemember may lowing new section: retary makes a grant under this section, the terminate a contract described in subsection Secretary shall make the grant by not later (b) at any time after the date the service- ‘‘§ 2021A. Homeless women veterans and than April 1 of that year. member receives military orders to relocate homeless veterans with children reintegra- for a period of not less than 90 days to a loca- tion grant program ‘‘(d) USE OF FUNDS.—The recipient of a grant under this section shall use the grant tion that does not support the contract. ‘‘(a) GRANTS.—Subject to the availability to develop assistive technologies for use in ‘‘(2) NOTICE.—In the case that a service- of appropriations provided for such purpose, specially adapted housing. member terminates a contract as described the Secretary of Labor shall make grants to in paragraph (1), the service provider under programs and facilities that the Secretary ‘‘(e) REPORT.—Not later than March 1 of each fiscal year following a fiscal year in the contract shall provide such servicemem- determines provide dedicated services for ber with written or electronic notice of the homeless women veterans and homeless vet- which the Secretary makes a grant, the Sec- retary shall submit to Congress a report con- servicemember’s rights under such para- erans with children. graph. ‘‘(b) USE OF FUNDS.—Grants under this sec- taining information related to each grant awarded under this section during the pre- ‘‘(3) MANNER OF TERMINATION.—Termi- tion shall be used to provide job training, nation of a contract under paragraph (1) counseling, placement services (including job ceding fiscal year, including— ‘‘(1) the name of the grant recipient; shall be made by delivery of a written or readiness and literacy and skills training) electronic notice of such termination and a and child care services to expedite the re- ‘‘(2) the amount of the grant; and ‘‘(3) the goal of the grant. copy of the servicemember’s military orders integration of homeless women veterans and to the service provider, delivered in accord- homeless veterans with children into the ‘‘(f) FUNDING.—From amounts appropriated ance with industry standards for notification labor force. to the Department for readjustment benefits of terminations, together with the date on ‘‘(c) REQUIREMENT TO MONITOR EXPENDI- for each fiscal year for which the Secretary which the service is to be terminated. TURES OF FUNDS.—(1) The Secretary of Labor is authorized to make a grant under this sec- ‘‘(b) COVERED CONTRACTS.—A contract de- shall collect such information as that Sec- tion, $1,000,000 shall be available for that fis- scribed in this subsection is a contract for retary considers appropriate to monitor and cal year for the purposes of the program cellular telephone service or telephone ex- evaluate the distribution and expenditure of under this section. change service entered into by the service- funds appropriated to carry out this section. ‘‘(g) DURATION.—The authority to make a member before receiving the military orders The information shall include data with re- grant under this section shall begin on Octo- referred to in subsection (a)(1). spect to the results or outcomes of the serv- ber 1, 2011, and shall terminate on September ‘‘(c) RETENTION OF TELEPHONE NUMBER.—In ices provided to each homeless veteran under 30, 2016.’’. the case of a contract terminated under sub- this section. (b) CLERICAL AMENDMENT.—The table of section (a) by a servicemember whose period ‘‘(2) Information under paragraph (1) shall sections at the beginning of such chapter is of relocation is for a period of three years or be furnished in such form and manner as the amended by adding at the end the following less, the service provider under the contract Secretary of Labor may specify. new item: shall, notwithstanding any other provision ‘‘(d) ADMINISTRATION THROUGH THE ASSIST- of law, allow the servicemember to keep the ANT SECRETARY OF LABOR FOR VETERANS’ EM- ‘‘2108. Specially adapted housing assistive telephone number the servicemember has PLOYMENT AND TRAINING.—The Secretary of technology grant program.’’. under the contract if the servicemember re- Labor shall carry out this section through SEC. 204. WAIVER OF HOUSING LOAN FEE FOR subscribes to the service during the 90-day the Assistant Secretary of Labor for Vet- CERTAIN VETERANS WITH SERVICE- period beginning on the last day of such pe- erans’ Employment and Training. CONNECTED DISABILITIES CALLED riod of relocation. ‘‘(e) BIENNIAL REPORT TO CONGRESS.—The TO ACTIVE SERVICE. ‘‘(d) FAMILY PLANS.—In the case of a con- Secretary of Labor shall include as part of Section 3729(c)(1) is amended by inserting tract for cellular telephone service entered the report required under section 2021(d) of after ‘‘retirement pay’’ the following: ‘‘or ac- into by any individual in which a service- this title an evaluation of the grant program tive service pay’’. member is a designated beneficiary of the

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE September 28, 2010 contract, the individual who entered into the ‘‘(1) grant any appropriate equitable or de- title 18, United States Code, or imprisoned contract may terminate the contract— claratory relief with respect to the violation for not more than one year, or both.’’. ‘‘(1) with respect to the servicemember if of this Act; (6) Section 306(e) (50 U.S.C. App. 536(e)) is the servicemember is eligible to terminate ‘‘(2) award all other appropriate relief, in- amended to read as follows: contracts pursuant to subsection (a); and cluding monetary damages, to any person ‘‘(e) MISDEMEANOR.—A person who know- ‘‘(2) with respect to all of the designated aggrieved by the violation; and ingly takes an action contrary to this sec- beneficiaries of such contract if all such ‘‘(3) may, to vindicate the public interest, tion, or attempts to do so, shall be fined as beneficiaries accompany the servicemember assess a civil penalty— provided in title 18, United States Code, or during the servicemember’s period of reloca- ‘‘(A) in an amount not exceeding $55,000 for imprisoned for not more than one year, or tion. a first violation; and both.’’. ‘‘(e) OTHER OBLIGATIONS AND LIABILITIES.— ‘‘(B) in an amount not exceeding $110,000 (7) Section 307(c) (50 U.S.C. App. 537(c)) is For any contract terminated under this sec- for any subsequent violation. amended to read as follows: tion, the service provider under the contract ‘‘(c) INTERVENTION.—Upon timely applica- ‘‘(c) MISDEMEANOR.—A person who know- may not impose an early termination tion, a person aggrieved by a violation of ingly takes an action contrary to this sec- charge, but any tax or any other obligation this Act with respect to which the civil ac- tion, or attempts to do so, shall be fined as or liability of the servicemember that, in ac- tion is commenced may intervene in such ac- provided in title 18, United States Code, or cordance with the terms of the contract, is tion, and may obtain such appropriate relief imprisoned for not more than one year, or due and unpaid or unperformed at the time as the person could obtain in a civil action both.’’. of termination of the contract shall be paid under section 802 with respect to that viola- (c) CLERICAL AMENDMENT.—The table of or performed by the servicemember. If the tion, along with costs and a reasonable at- contents in section 1(b) of such Act is servicemember re-subscribes to the service torney fee. amended by adding at the end the following provided under a covered contract during the ‘‘SEC. 802. PRIVATE RIGHT OF ACTION. new items: 90-day period beginning on the last day of ‘‘(a) IN GENERAL.—Any person aggrieved by ‘‘TITLE VIII—CIVIL LIABILITY the servicemember’s period of relocation, the a violation of this Act may in a civil ac- ‘‘Sec. 801. Enforcement by the Attorney service provider may not impose a charge for tion— General. reinstating service, other than the usual and ‘‘(1) obtain any appropriate equitable or ‘‘Sec. 802. Private right of action. customary charges for the installation or ac- declaratory relief with respect to the viola- ‘‘Sec. 803. Preservation of remedies.’’. quisition of customer equipment imposed on tion; and TITLE IV—INSURANCE MATTERS any other subscriber. ‘‘(2) recover all other appropriate relief, in- SEC. 401. INCREASE IN AMOUNT OF SUPPLE- ‘‘(f) RETURN OF ADVANCE PAYMENTS.—Not cluding monetary damages. MENTAL INSURANCE FOR TOTALLY later than 60 days after the effective date of ‘‘(b) COSTS AND ATTORNEY FEES.—The court DISABLED VETERANS. the termination of a contract under this sec- may award to a person aggrieved by a viola- (a) IN GENERAL.—Section 1922A(a) is tion, the service provider under the contract tion of this Act who prevails in an action amended by striking ‘‘$20,000’’ and inserting shall refund to the servicemember any fee or brought under subsection (a) the costs of the ‘‘$30,000’’. other amount to the extent paid for a period action, including a reasonable attorney fee. (b) EFFECTIVE DATE.—The amendment extending until after such date, except for ‘‘SEC. 803. PRESERVATION OF REMEDIES. made by subsection (a) shall take effect on the remainder of the monthly or similar bill- ‘‘Nothing in section 801 or 802 shall be con- October 1, 2011. ing period in which the termination occurs. strued to preclude or limit any remedy oth- SEC. 402. PERMANENT EXTENSION OF DURATION ‘‘(g) DEFINITIONS.—For purposes of this sec- erwise available under other law, including OF SERVICEMEMBERS’ GROUP LIFE tion: consequential and punitive damages.’’. INSURANCE COVERAGE FOR TO- TALLY DISABLED VETERANS. ‘‘(1) The term ‘cellular telephone service’ (b) CONFORMING AMENDMENTS.—Such Act is (a) EXTENSION.—Section 1968(a) is amend- means commercial mobile service, as that further amended as follows: ed— term is defined in section 332(d) of the Com- (1) Section 207 (50 U.S.C. App. 527) is (1) in paragraph (1)(A), by striking clause munications Act of 1934 (47 U.S.C. 332(d)). amended by striking subsection (f). (ii) and inserting the following new clause ‘‘(2) The term ‘telephone exchange service’ (2) Section 301(c) (50 U.S.C. App. 531(c)) is (ii): has the meaning given that term under sec- amended to read as follows: ‘‘(ii) The date that is two years after the tion 3 of the Communications Act of 1934 (47 ‘‘(c) MISDEMEANOR.—Except as provided in date of separation or release from such ac- U.S.C. 153).’’. subsection (a), a person who knowingly takes tive duty or active duty for training.’’; and (b) TECHNICAL AMENDMENT.—The heading part in an eviction or distress described in (2) in paragraph (4), by striking subpara- for title III of such Act is amended by insert- subsection (a), or who knowingly attempts graph (B) and inserting the following new ing ‘‘, TELEPHONE SERVICE CONTRACTS’’ to do so, shall be fined as provided in title 18, subparagraph (B): after ‘‘LEASES’’. United States Code, or imprisoned for not ‘‘(B) The date that is two years after the (c) CLERICAL AMENDMENTS.—The table of more than one year, or both.’’. date of separation or release from such as- contents in section 1(b) of such Act is (3) Section 302(b) (50 U.S.C. App. 532(b)) is signment.’’. amended— amended to read as follows: (b) EFFECTIVE DATE.—The amendments (1) by striking the item relating to title III ‘‘(b) MISDEMEANOR.—A person who know- and inserting the following new item: made by subsection (a) shall apply with re- ingly resumes possession of property in vio- spect to a person who is separated or re- ‘‘TITLE III—RENT, INSTALLMENT CON- lation of subsection (a), or in violation of leased on or after June 15, 2005. TRACTS, MORTGAGES, LIENS, ASSIGN- section 107 of this Act, or who knowingly at- MENT, LEASES, TELEPHONE SERVICE SEC. 403. ADJUSTMENT OF COVERAGE OF DE- tempts to do so, shall be fined as provided in PENDENTS UNDER CONTRACTS’’; AND title 18, United States Code, or imprisoned SERVICEMEMBERS’ GROUP LIFE IN- (2) by striking the item relating to section for not more than one year, or both.’’. SURANCE. 305A and inserting the following new item: (4) Section 303(d) (50 U.S.C. App. 533(d)) is Clause (ii) of section 1968(a)(5)(B) is amend- amended to read as follows: ‘‘Sec. 305A. Termination of telephone serv- ed to read as follows: ‘‘(d) MISDEMEANOR.—A person who know- ice contracts.’’. ‘‘(ii)(I) in the case of a member of the ingly makes or causes to be made a sale, Ready Reserve of a uniformed service who SEC. 303. ENFORCEMENT BY THE ATTORNEY foreclosure, or seizure of property that is meets the qualifications set forth in subpara- GENERAL AND BY PRIVATE RIGHT prohibited by subsection (c), or who know- OF ACTION. graph (B) or (C) of section 1965(5) of this ingly attempts to do so, shall be fined as pro- (a) IN GENERAL.—The Servicemembers title, 120 days after separation or release vided in title 18, United States Code, or im- Civil Relief Act (50 U.S.C. App. 501 et seq.) is from such assignment; or prisoned for not more than one year, or amended by adding at the end the following ‘‘(II) in the case of any other member of both.’’. new title: the uniformed services, 120 days after the (5) Section 305(h) (50 U.S.C. App. 535(h)) is date of the member’s separation or release ‘‘TITLE VIII—CIVIL LIABILITY amended to read as follows: from the uniformed services; or’’. ‘‘SEC. 801. ENFORCEMENT BY THE ATTORNEY ‘‘(h) MISDEMEANOR.—Any person who SEC. 404. OPPORTUNITY TO INCREASE AMOUNT GENERAL. knowingly seizes, holds, or detains the per- OF VETERANS’ GROUP LIFE INSUR- ‘‘(a) CIVIL ACTION.—The Attorney General sonal effects, security deposit, or other prop- ANCE. may commence a civil action in any appro- erty of a servicemember or a (a) OPPORTUNITY TO INCREASE AMOUNT.— priate district court of the United States servicemember’s dependent who lawfully ter- Section 1977(a) is amended— against any person who— minates a lease covered by this section, or (1) in paragraph (1), by inserting ‘‘Except ‘‘(1) engages in a pattern or practice of vio- who knowingly interferes with the removal as provided in paragraph (3),’’ before ‘‘Vet- lating this Act; or of such property from premises covered by erans’ Group Life Insurance shall be’’; and ‘‘(2) engages in a violation of this Act that such lease, for the purpose of subjecting or (2) by adding after paragraph (2) the fol- raises an issue of significant public impor- attempting to subject any of such property lowing new paragraph: tance. to a claim for rent accruing subsequent to ‘‘(3) Not more than once in each five-year ‘‘(b) RELIEF.—In a civil action commenced the date of termination of such lease, or at- period beginning on the one-year anniver- under subsection (a), the court may— tempts to do so, shall be fined as provided in sary of the date a person becomes insured

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7645 under Veterans’ Group Life Insurance, such lic Law 109–233; 120 Stat. 414; 38 U.S.C. 1980A spouse, or child who is buried or who, upon person may elect in writing to increase by note) is amended by striking ‘‘, if, as deter- death, may be eligible for burial in a na- $25,000 the amount for which the person is in- mined by the Secretary concerned, that loss tional cemetery pursuant to paragraph (5).’’; sured if— was a direct result of a traumatic injury in- and ‘‘(A) the person is under the age of 60; and curred in the theater of operations for Oper- (4) by adding at the end the following new ‘‘(B) the total amount for which the person ation Enduring Freedom or Operation Iraqi subsection: is insured does not exceed the amount pro- Freedom’’. ‘‘(b) For purposes of subsection (a)(9) of vided for under section 1967(a)(3)(A)(i) of this (b) CONFORMING AMENDMENT.—The heading this section: title.’’. of such section is amended by striking ‘‘IN ‘‘(1) The term ‘parent’ means a biological (b) EFFECTIVE DATE.—Paragraph (3) of sec- OPERATION ENDURING FREEDOM AND OPER- father or a biological mother or, in the case tion 1977(a) of title 38, United States Code, as ATION IRAQI FREEDOM’’. of adoption, a father through adoption or a added by subsection (a), shall take effect on (c) EFFECTIVE DATE.—The amendments mother through adoption. the date that is 180 days after the date of the made by this section shall take effect on Oc- ‘‘(2) The term ‘hostile casualty’ means a enactment of this Act. tober 1, 2011. person who, as a member of the Armed SEC. 405. ELIMINATION OF REDUCTION IN TITLE V—BURIAL AND CEMETERY Forces, dies as the direct result of hostile ac- AMOUNT OF ACCELERATED DEATH MATTERS tion with the enemy, while in combat, while BENEFIT FOR TERMINALLY-ILL PER- SEC. 501. INCREASE IN CERTAIN BURIAL AND FU- going to or returning from a combat mission SONS INSURED UNDER NERAL BENEFITS AND PLOT ALLOW- if the cause of death was directly related to SERVICEMEMBERS’ GROUP LIFE IN- ANCES FOR VETERANS. hostile action, or while hospitalized or un- SURANCE AND VETERANS’ GROUP (a) INCREASE IN BURIAL AND FUNERAL EX- LIFE INSURANCE. dergoing treatment at the expense of the PENSES FOR DEATHS IN DEPARTMENT FACILI- (a) ELIMINATION OF REDUCTION.—Section United States for injury incurred during TIES.—Paragraph (1)(A) of subsection (a) of 1980(b)(1) is amended by striking ‘‘reduced combat, and includes a person killed mistak- section 2303 is amended by striking ‘‘$300’’ by’’ and all that follows through ‘‘the Sec- enly or accidentally by friendly fire directed and inserting ‘‘$700 (as increased from time retary’’. at a hostile force or what is thought to be a to time under subsection (c))’’. (b) EFFECTIVE DATE.—The amendment hostile force, but does not include a person (b) INCREASE IN AMOUNT OF PLOT ALLOW- made by subsection (a) shall apply with re- who dies due to the elements, a self-inflicted ANCES.—Subsection (b) of such section is spect to a payment of an accelerated death wound, combat fatigue, or a friendly force amended by striking ‘‘$300’’ both places it benefit under section 1980 of title 38, United while the person was in an absent-without- appears and inserting ‘‘$700 (as increased States Code, made on or after the date of the leave, deserter, or dropped-from-rolls status from time to time under subsection (c))’’. enactment of this Act. or was voluntarily absent from a place of (c) ANNUAL ADJUSTMENT.—Such section is duty. SEC. 406. CONSIDERATION OF LOSS OF DOMI- further amended by adding at the end the NANT HAND IN PRESCRIPTION OF ‘‘(3) The term ‘training-related injury’ following new subsection: means an injury incurred by a member of the SCHEDULE OF SEVERITY OF TRAU- ‘‘(c) With respect to any fiscal year, the MATIC INJURY UNDER Armed Forces while performing authorized SERVICEMEMBERS’ GROUP LIFE IN- Secretary shall provide a percentage in- training activities in preparation for a com- SURANCE. crease (rounded to the nearest dollar) in the bat mission.’’. maximum amount of burial and funeral ex- (a) SCHEDULE.— (c) GUIDANCE REQUIRED.—The Secretary of penses payable under subsection (a) and in (1) IN GENERAL.—Section 1980A(d) is amend- Veterans Affairs, in consultation with the the maximum amount of the plot or intern- ed— Secretary of Defense, shall develop guidance ment allowance payable under subsection (A) by striking ‘‘Payments under’’ and in- under which the parent of a person described (b), equal to the percentage by which— serting ‘‘(1) Payments under’’; and in paragraph (9)(B) of subsection (a) of sec- ‘‘(1) the Consumer Price Index (all items, (B) by adding at the end the following new tion 2402 of title 38, United States Code, as United States city average) for the 12-month paragraph: added by subsection (b), may be designated period ending on the June 30 preceding the ‘‘(2) As the Secretary considers appro- for interment in a national cemetery under beginning of the fiscal year for which the in- priate, the schedule required by paragraph that section. crease is made, exceeds (1) may distinguish in specifying payments (d) CONFORMING AMENDMENTS.— ‘‘(2) the Consumer Price Index for the 12- for qualifying losses between the severity of (1) CROSS-REFERENCE CORRECTION.—Section month period preceding the 12-month period a qualifying loss of a dominant hand and of 107 is amended by striking ‘‘section 2402(8)’’ described in paragraph (1).’’. a qualifying loss of a nondominant hand.’’. both places it appears and inserting ‘‘section (d) EFFECTIVE DATE.— (2) EFFECTIVE DATE.—The amendments 2402(a)(8)’’. (1) IN GENERAL.—Except as provided in made by paragraph (1) shall take effect on ROSS-REFERENCE CORRECTION.—Section paragraph (2), the amendments made by this (2) C October 1, 2011. 2301(e) is amended by striking ‘‘section section shall apply with respect to deaths oc- (b) PAYMENTS FOR QUALIFYING LOSSES IN- 2402(6)’’ and inserting ‘‘section 2402(a)(6)’’. curring on or after October 1, 2011. CURRED BEFORE DATE OF ENACTMENT.— (3) CROSS-REFERENCE CORRECTION.—Section (2) PROHIBITION ON COST-OF-LIVING ADJUST- (1) IN GENERAL.—To the extent necessary, 2306(a) is amended— the Secretary of Veterans Affairs shall pre- MENT FOR FISCAL YEAR 2012.—No adjustments shall be made under section 2303(c) of title (A) in paragraph (2), by striking ‘‘section scribe in regulations mechanisms for pay- 2402(4)’’ and inserting ‘‘section 2402(a)(4)’’; ments under section 1980A of title 38, United 38, United States Code, as added by sub- section (c), for fiscal year 2012. and States Code, for qualifying losses incurred (B) in paragraph (4), by striking ‘‘section SEC. 502. INTERMENT IN NATIONAL CEMETERIES before the date of the enactment of this Act, 2402(5)’’ and inserting ‘‘section 2402(a)(5)’’. by reason of paragraph (2) of subsection (d) OF PARENTS OF CERTAIN DECEASED VETERANS. (e) EFFECTIVE DATE.—The amendments of such section (as added by subsection (a)(1) made by this section shall apply with respect of this section). (a) SHORT TITLE.—This section may be cited as the ‘‘Corey Shea Act’’. to the death, on or after the date of the en- (2) QUALIFYING LOSS DEFINED.—In this sub- (b) INTERMENT OF PARENTS OF CERTAIN DE- actment of this Act, of the parent of a person section, the term ‘‘qualifying loss’’ means— CEASED VETERANS.—Section 2402 is amend- described in paragraph (9)(B) of subsection (A) a loss specified in the second sentence ed— (a) of section 2402 of title 38, United States of subsection (b)(1) of section 1980A of title (1) in the matter preceding paragraph (1), Code, as added by subsection (b), who dies on 38, United States Code; and by striking ‘‘Under such regulations’’ and in- or after October 7, 2001. (B) any other loss specified by the Sec- serting ‘‘(a) Under such regulations’’; retary of Veterans Affairs pursuant to the SEC. 503. REPORTS ON SELECTION OF NEW NA- (2) by moving the margins of paragraphs (1) TIONAL CEMETERIES. first sentence of that subsection. through (8) two ems to the right; (a) INITIAL REPORT.— SEC. 407. ENHANCEMENT OF VETERANS’ MORT- (3) by inserting after paragraph (8) the fol- (1) REPORT REQUIRED.—Not later than one GAGE LIFE INSURANCE. lowing new paragraph: year after the date of the enactment of this (a) IN GENERAL.—Section 2106(b) is amend- ‘‘(9)(A) The parent of a person described in Act, the Secretary of Veterans Affairs shall ed by striking ‘‘$90,000’’ and inserting subparagraph (B), if the Secretary deter- submit to Congress a report on the selection ‘‘$150,000, or after January 1, 2012, $200,000,’’. mines that there is available space at the of the sites described in paragraph (2) for the (b) EFFECTIVE DATE.—The amendment gravesite where the person described in sub- purpose of establishing new national ceme- made by subsection (a) shall take effect on paragraph (B) is interred. teries. October 1, 2011. ‘‘(B) A person described in this subpara- (2) SITES.—The sites described in this para- SEC. 408. EXPANSION OF INDIVIDUALS QUALI- graph is a person described in paragraph (1) graph are the following: FYING FOR RETROACTIVE BENEFITS FROM TRAUMATIC INJURY PROTEC- who— (A) An area in southern Colorado. TION COVERAGE UNDER ‘‘(i) is a hostile casualty or died from a (B) An area near Melbourne, Florida, and SERVICEMEMBERS’ GROUP LIFE IN- training-related injury; Daytona, Florida. SURANCE. ‘‘(ii) is interred in a national cemetery; (C) An area near Omaha, Nebraska. (a) IN GENERAL.—Paragraph (1) of section and (D) An area near Buffalo, New York, and 501(b) of the Veterans’ Housing Opportunity ‘‘(iii) at the time of the person’s parent’s Rochester, New York. and Benefits Improvement Act of 2006 (Pub- death, did not have a spouse, surviving (E) An area near Tallahassee, Florida.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7646 CONGRESSIONAL RECORD — SENATE September 28, 2010

(3) SITE SELECTION.—In carrying out this (c) EFFECTIVE DATE.—The amendments ‘‘(B) For the purposes of this paragraph, section, the Secretary shall solicit advice made by this section shall take effect on Oc- the term ‘catastrophic disability’, with re- and views of representatives of State and tober 1, 2011. spect to a veteran, means a permanent, se- local veterans organizations and other indi- SEC. 602. COST-OF-LIVING INCREASE FOR TEM- verely disabling injury, disorder, or disease viduals as the Secretary considers appro- PORARY DEPENDENCY AND INDEM- that compromises the ability of the veteran priate. NITY COMPENSATION PAYABLE FOR to carry out the activities of daily living to (4) MATTERS INCLUDED.—The report under SURVIVING SPOUSES WITH DEPEND- such a degree that the veteran requires per- paragraph (1) shall include the following: ENT CHILDREN UNDER THE AGE OF sonal or mechanical assistance to leave (A) A schedule for the establishment of 18. home or bed, or requires constant super- each cemetery at each site described in para- Section 1311(f) is amended— vision to avoid physical harm to self or oth- graph (2) and an estimate of the costs associ- (1) in paragraph (1), by inserting ‘‘(as in- ers.’’. ated with the establishment of each such creased from time to time under paragraph (b) EFFECTIVE DATE.—The amendments cemetery. (4))’’ after ‘‘$250’’; made by subsection (a) shall take effect on (B) As of the date of the submittal of the (2) by redesignating paragraph (4) as para- October 1, 2011, and shall apply with respect report, the amount of funds that are avail- graph (5); and to awards of compensation based on original able to establish each cemetery at each site (3) by inserting after paragraph (3) the fol- claims that become effective on or after that described in paragraph (2) from amounts ap- lowing new paragraph (4): date. propriated to the Department of Veterans ‘‘(4) Whenever there is an increase in ben- SEC. 606. APPLICABILITY OF LIMITATION TO PEN- Affairs for Advance Planning. efit amounts payable under title II of the So- SION PAYABLE TO CERTAIN CHIL- (b) ANNUAL REPORTS.—Not later than two cial Security Act (42 U.S.C. 401 et seq.) as a DREN OF VETERANS OF A PERIOD years after the date of the enactment of this result of a determination made under section OF WAR. Act, and each year thereafter until the date 215(i) of such Act (42 U.S.C. 415(i)), the Sec- Section 5503(d)(5) is amended— on which each cemetery at each site de- retary shall, effective on the date of such in- (1) by inserting ‘‘(A)’’ after ‘‘(5)’’; and scribed in subsection (a)(2) is established, the crease in benefit amounts, increase the (2) by adding at the end the following new Secretary shall submit to Congress an an- amount payable under paragraph (1), as such subparagraph: nual report that includes updates to the in- amount was in effect immediately prior to ‘‘(B) The provisions of this subsection shall formation provided in the report under sub- the date of such increase in benefit amounts, apply with respect to a child entitled to pen- section (a). by the same percentage as the percentage by sion under section 1542 of this title in the same manner as they apply to a veteran hav- TITLE VI—COMPENSATION AND PENSION which such benefit amounts are increased. ing neither spouse nor child.’’. SEC. 601. ENHANCEMENT OF DISABILITY COM- Any increase in a dollar amount under this SEC. 607. EXTENSION OF REDUCED PENSION FOR PENSATION FOR CERTAIN DISABLED paragraph shall be rounded down to the next CERTAIN VETERANS COVERED BY VETERANS WITH DIFFICULTIES lower whole dollar amount.’’. MEDICAID PLANS FOR SERVICES USING PROSTHESES AND DISABLED SEC. 603. PAYMENT OF DEPENDENCY AND IN- FURNISHED BY NURSING FACILI- VETERANS IN NEED OF REGULAR DEMNITY COMPENSATION TO SUR- TIES. AID AND ATTENDANCE FOR RESIDU- VIVORS OF FORMER PRISONERS OF Section 5503(d)(7) is amended by striking ALS OF TRAUMATIC BRAIN INJURY. WAR WHO DIED ON OR BEFORE SEP- (a) VETERANS SUFFERING ANATOMICAL LOSS TEMBER 30, 1999. ‘‘September 30, 2011’’ and inserting ‘‘May 31, 2015’’. OF HANDS, ARMS, OR LEGS.—Section 1114 is (a) IN GENERAL.—Section 1318(b)(3) is amended— amended by striking ‘‘who died after Sep- SEC. 608. CODIFICATION OF 2009 COST-OF-LIVING (1) in subsection (m)— tember 30, 1999,’’. ADJUSTMENT IN RATES OF PENSION (A) by striking ‘‘at a level, or with com- FOR DISABLED VETERANS AND SUR- (b) EFFECTIVE DATE.—The amendment VIVING SPOUSES AND CHILDREN. plications,’’ and inserting ‘‘with factors’’; made by subsection (a) shall take effect on (a) DISABLED VETERANS.—Section 1521 of and October 1, 2011. title 38, United States Code, is amended— (B) by striking ‘‘at levels, or with com- SEC. 604. EXCLUSION OF CERTAIN AMOUNTS (1) in subsection (b), by striking ‘‘$3,550’’ plications,’’ and inserting ‘‘with factors’’; FROM CONSIDERATION AS INCOME and inserting ‘‘$11,830’’; (2) in subsection (n)— FOR PURPOSES OF VETERANS PEN- (2) in subsection (c)— SION BENEFITS. (A) by striking ‘‘at levels, or with com- (A) by striking ‘‘$4,651’’ and inserting (a) EXCLUSION.—Section 1503(a) is amend- plications,’’ and inserting ‘‘with factors’’; ‘‘$15,493’’; and ed— (B) by striking ‘‘so near the hip as to’’ and (B) by striking ‘‘$600’’ and inserting (1) by striking ‘‘and’’ at the end of para- inserting ‘‘with factors that’’; and ‘‘$2,020’’; graph (10); (C) by striking ‘‘so near the shoulder and (3) in subsection (d)— (2) by redesignating paragraph (11) as para- hip as to’’ and inserting ‘‘with factors that’’; (A) in paragraph (1), by striking ‘‘$5,680’’ graph (12); and and and inserting ‘‘$19,736’’; and (3) by inserting after paragraph (10) the fol- (3) in subsection (o), by striking ‘‘so near (B) in paragraph (2)— lowing new paragraph (11): the shoulder as to’’ and inserting ‘‘with fac- (i) by striking ‘‘$6,781’’ and inserting ‘‘(11) payment of a monetary amount of up tors that’’. ‘‘$23,396’’; and (b) VETERANS WITH SERVICE-CONNECTED to $5,000 to a veteran from a State or munici- (ii) by striking ‘‘$600’’ and inserting DISABILITIES IN NEED OF REGULAR AID AND pality that is paid as a veterans’ benefit due ‘‘$2,020’’; ATTENDANCE FOR RESIDUALS OF TRAUMATIC to injury or disease; and’’. (4) in subsection (e)— BRAIN INJURY.— (b) EFFECTIVE DATE.—The amendments (A) by striking ‘‘$4,340’’ and inserting (1) IN GENERAL.—Such section is further made by subsection (a) shall apply with re- amended— spect to determinations of income for cal- ‘‘$14,457’’; (A) in subsection (p), by striking the semi- endar years beginning after October 1, 2011. (B) by striking ‘‘$5,441’’ and inserting colon at the end and inserting a period; and ‘‘$18,120’’; and SEC. 605. COMMENCEMENT OF PERIOD OF PAY- (C) by striking ‘‘$600’’ and inserting (B) by adding at the end the following new MENT OF ORIGINAL AWARDS OF subsection: COMPENSATION FOR VETERANS RE- ‘‘$2,020’’; ‘‘(t) Subject to section 5503(c) of this title, TIRED OR SEPARATED FROM THE (5) in subsection (f)— if any veteran, as the result of service-con- UNIFORMED SERVICES FOR CATA- (A) in paragraph (1), by striking ‘‘$4,651’’ nected disability, is in need of regular aid STROPHIC DISABILITY. and inserting ‘‘$15,493’’; and attendance for the residuals of trau- (a) COMMENCEMENT OF PERIOD OF PAY- (B) in paragraph (2)— matic brain injury, is not eligible for com- MENT.—Subsection (a) of section 5111 is (i) by striking ‘‘$6,781’’ and inserting pensation under subsection (r)(2), and in the amended— ‘‘$23,396’’; and absence of such regular aid and attendance (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; (ii) by striking ‘‘$8,911’’ and inserting would require hospitalization, nursing home (2) in paragraph (1), as so designated by ‘‘$30,480’’; care, or other residential institutional care, paragraph (1) of this subsection, by striking (C) in paragraph (3)— the veteran shall be paid, in addition to any ‘‘in subsection (c) of this section’’ and insert- (i) by striking ‘‘$5,441’’ and inserting other compensation under this section, a ing ‘‘in paragraph (2) and subsection (c)’’; ‘‘$18,120’’; and monthly aid and attendance allowance equal and (ii) by striking ‘‘$6,231’’ and inserting to the rate described in subsection (r)(2), (3) by adding at the end the following new ‘‘$20,747’’; which for purposes of section 1134 of this paragraph: (D) in paragraph (4), by striking ‘‘$7,571’’ title shall be considered as additional com- ‘‘(2)(A) In the case of a veteran who is re- and inserting ‘‘$26,018’’; and pensation payable for disability. An allow- tired or separated from the active military, (E) in paragraph (5), by striking ‘‘$600’’ and ance authorized under this subsection shall naval, or air service for a catastrophic dis- inserting ‘‘$2,020’’; and be paid in lieu of any allowance authorized ability or disabilities, payment of monetary (6) in subsection (g), by striking ‘‘$800’’ and by subsection (r)(1).’’. benefits based on an award of compensation inserting ‘‘$2,686’’. (2) CONFORMING AMENDMENT.—Section based on an original claim shall be made as (b) SURVIVING SPOUSES.—Section 1541 of 5503(c) is amended by striking ‘‘in section of the date on which such award becomes ef- such title is amended— 1114(r)’’ and inserting ‘‘in subsection (r) or (t) fective as provided under section 5110 of this (1) in subsection (b), by striking ‘‘$2,379’’ of section 1114’’. title or another applicable provision of law. and inserting ‘‘$7,933’’;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7647 (2) in subsection (c)— is amended by inserting before the period the (ii) in each of clauses (i) and (ii), by strik- (A) by striking ‘‘$3,116’’ and inserting following: ‘‘declining to initiate an action ing the semicolon at the end and inserting a ‘‘$10,385’’; and and represent the person before the Merit period; and (B) by striking ‘‘$600’’ and inserting Systems Protection Board’’. (iii) in clause (iii), by striking ‘‘; or’’ and ‘‘$2,020’’; (b) AMENDMENT TO CONGRESSIONAL AC- inserting a period; and (3) in subsection (d)— COUNTABILITY ACT OF 1995.—Section 206(b) of (C) in subparagraph (B), by striking ‘‘any (A) in paragraph (1), by striking ‘‘$3,806’’ the Congressional Accountability Act of 1995 member’’ and inserting ‘‘Any member’’. and inserting ‘‘$12,681’’; and (2 U.S.C. 1316(b)) is amended by striking (c) EFFECTIVE DATE.—The amendments (B) in paragraph (2)— ‘‘under paragraphs (1), (2)(A), and (3) of sec- made by this section shall take effect on Oc- (i) by striking ‘‘$4,543’’ and inserting tion 4323(c) of title 38, United States Code’’ tober 1, 2011. ‘‘$15,128’’; and and inserting ‘‘under section 4323(d) of title SEC. 804. ENHANCEMENT OF AUTOMOBILE AS- (ii) by striking ‘‘$600’’ and inserting 38, United States Code’’. SISTANCE ALLOWANCE FOR VET- ‘‘$2,020’’; and (c) AMENDMENT TO SECTION 416 OF TITLE 3, ERANS. (4) in subsection (e)(1)— UNITED STATES CODE.—Section 416(b) of title (a) INCREASE IN AMOUNT OF ALLOWANCE.— (A) by striking ‘‘$2,908’’ and inserting 3, United States Code, is amended by strik- Subsection (a) of section 3902 is amended by ‘‘$9,696’’; ing ‘‘under paragraphs (1) and (2)(A) of sec- striking ‘‘$11,000’’ and inserting ‘‘$18,900 (as (B) by striking ‘‘$3,645’’ and inserting tion 4323(c) of title 38’’ and inserting ‘‘under adjusted from time to time under subsection ‘‘$12,144’’; and section 4323(d) of title 38’’. (e))’’. (C) by striking ‘‘$600’’ and inserting TITLE VIII—BENEFITS MATTERS (b) ANNUAL ADJUSTMENT.—Such section is ‘‘$2,020’’. SEC. 801. INCREASE IN NUMBER OF VETERANS further amended by adding at the end the (c) SURVIVING CHILDREN.—Section 1542 of FOR WHICH PROGRAMS OF INDE- following new subsection: such title is amended by striking ‘‘$600’’ and PENDENT LIVING SERVICES AND AS- ‘‘(e) Effective on October 1 of each year inserting ‘‘$2,020’’ both places it appears. SISTANCE MAY BE INITIATED. (beginning in 2011), the Secretary shall in- (d) EFFECTIVE DATE.—The amendments (a) INCREASE.—Section 3120(e) is amended crease the dollar amount in effect under sub- made by subsections (a), (b), and (c) shall by striking ‘‘2600’’ and inserting ‘‘2,700’’. section (a) by a percentage equal to the per- apply with respect to pensions paid on or (b) EFFECTIVE DATE.—The amendment centage by which the Consumer Price Index after December 1, 2009. made by subsection (a) shall apply with re- for all urban consumers (U.S. city average) spect to fiscal years beginning after the date TITLE VII—EMPLOYMENT AND REEM- increased during the 12-month period ending of the enactment of this Act. PLOYMENT RIGHTS OF MEMBERS OF with the last month for which Consumer THE UNIFORMED SERVICES SEC. 802. PAYMENT OF UNPAID BALANCES OF DE- Price Index data is available. In the event PARTMENT OF VETERANS AFFAIRS that such Consumer Price Index does not in- SEC. 701. CLARIFICATION THAT USERRA PRO- GUARANTEED LOANS. crease during such period, the Secretary HIBITS WAGE DISCRIMINATION (a) IN GENERAL.—Section 3732(a)(2) is shall maintain the dollar amount in effect AGAINST MEMBERS OF THE ARMED amended— FORCES. under subsection (a) during the previous fis- (1) by striking ‘‘Before suit’’ and inserting (a) IN GENERAL.—Section 4303(2) is amend- cal year.’’. ‘‘(A) Before suit’’; and ed by striking ‘‘other than’’ and inserting (c) EFFECTIVE DATE.—The amendments (2) by adding at the end the following new ‘‘including’’. made by this section shall take effect on Oc- (b) APPLICATION.—The amendment made by subparagraph: ‘‘(B) In the event that a housing loan guar- tober 1, 2011. subsection (a) shall apply to— SEC. 805. NATIONAL ACADEMIES REVIEW OF (1) any failure to comply with a provision anteed under this chapter is modified under the authority provided under section 1322(b) BEST TREATMENTS FOR CHRONIC of or any violation of chapter 43 of title 38, MULTISYMPTOM ILLNESS IN PER- United States Code, that occurs before, on, of title 11, the Secretary may pay the holder SIAN GULF WAR VETERANS. of the obligation the unpaid principal bal- or after the date of the enactment of this (a) IN GENERAL.—The Secretary of Vet- Act; and ance of the obligation due, plus accrued in- erans Affairs shall seek to enter into an (2) all actions or complaints filed under terest, as of the date of the filing of the peti- agreement with the Institute of Medicine of such chapter 43 that are pending on or after tion under title 11, but only upon the assign- the National Academies to carry out a com- ment, transfer, and delivery to the Secretary the date of the enactment of this Act. prehensive review of the best treatments for (in a form and manner satisfactory to the chronic multisymptom illness in Persian SEC. 702. CLARIFICATION OF THE DEFINITION OF Secretary) of all rights, interest, claims, evi- ‘‘SUCCESSOR IN INTEREST’’. Gulf War veterans and an evaluation of how dence, and records with respect to the hous- (a) IN GENERAL.—Section 4303(4) is amend- such treatment approaches could best be dis- ing loan.’’. ed by adding at the end the following new seminated throughout the Department of (b) EFFECTIVE DATE.—The amendments subparagraph: made by subsection (a) shall apply with re- Veterans Affairs to improve the care and ‘‘(D)(i) Whether the term ‘successor in in- spect to a housing loan guaranteed after the benefits provided to veterans. terest’ applies with respect to an entity de- date of the enactment of this Act. (b) GROUP OF MEDICAL PROFESSIONALS.— scribed in subparagraph (A) for purposes of Under any agreement entered into under clause (iv) of such subparagraph shall be de- SEC. 803. ELIGIBILITY OF DISABLED VETERANS AND MEMBERS OF THE ARMED subsection (a), the Institute of Medicine termined on a case-by-case basis using a FORCES WITH SEVERE BURN INJU- shall convene a group of medical profes- multi-factor test that considers the fol- RIES FOR AUTOMOBILES AND sionals who are experienced in treating indi- lowing factors: ADAPTIVE EQUIPMENT. viduals who served as members of the Armed ‘‘(I) Substantial continuity of business op- (a) ELIGIBILITY.—Paragraph (1) of section Forces in the Southwest Asia Theater of Op- erations. 3901 is amended— erations of the Persian Gulf War during 1990 ‘‘(II) Use of the same or similar facilities. (1) in subparagraph (A)— or 1991 and who have been diagnosed with ‘‘(III) Continuity of work force. (A) in the matter preceding clause (i), by chronic multisymptom illness or another ‘‘(IV) Similarity of jobs and working condi- striking ‘‘the disabilities described in sub- health condition related to chemical and en- tions. clause (i), (ii), or (iii) below’’ and inserting vironmental exposure that may have oc- ‘‘(V) Similarity of supervisory personnel. ‘‘the following disabilities’’; and curred during such service. ‘‘(VI) Similarity of machinery, equipment, (B) by adding at the end the following new (c) REPORT.—Any agreement entered into and production methods. clause: under subsection (a) shall require the Insti- ‘‘(VII) Similarity of products or services. ‘‘(iv) A severe burn injury (as determined tute of Medicine to submit to the Secretary ‘‘(ii) The entity’s lack of notice or aware- pursuant to regulations prescribed by the and to the Committees on Veterans’ Affairs ness of a potential or pending claim under Secretary).’’; and of the Senate and House of Representatives a this chapter at the time of a merger, acquisi- (2) in subparagraph (B), by striking ‘‘sub- report on the review and evaluation de- tion, or other form of succession shall not be clause (i), (ii), or (iii) of clause (A) of this scribed in subsection (a) by not later than considered when applying the multi-factor paragraph’’ and inserting ‘‘clause (i), (ii), December 31, 2012. The report shall include test under clause (i).’’. (iii), or (iv) of subparagraph (A)’’. such recommendations for legislative or ad- (b) APPLICATION.—The amendment made by (b) STYLISTIC AMENDMENTS.—Such section ministrative action as the Institute con- subsection (a) shall apply to— is further amended— siders appropriate in light of the results of (1) any failure to comply with a provision (1) in the matter preceding paragraph (1), the review. of or any violation of chapter 43 of title 38, by striking ‘‘chapter—’’ and inserting ‘‘chap- (d) FUNDING.—Pursuant to any agreement United States Code, that occurs before, on, ter:’’; entered into under subsection (a), the Sec- or after the date of the enactment of this (2) in paragraph (1)— retary shall provide the Institute of Medi- Act; and (A) in the matter preceding subparagraph cine with such funds as are necessary to en- (2) all actions or complaints filed under (A), by striking ‘‘means—’’ and inserting sure the timely completion of the review de- such chapter 43 that are pending on or after ‘‘means the following:’’; scribed that subsection. the date of the enactment of this Act. (B) in subparagraph (A)— (e) DEFINITIONS.—For purposes of this sec- SEC. 703. TECHNICAL AMENDMENTS. (i) in the matter preceding clause (i), by tion: (a) AMENDMENT TO SECTION 4324 OF TITLE striking ‘‘any veteran’’ and inserting ‘‘Any (1) The term ‘‘chronic multisymptom ill- 38, UNITED STATES CODE.—Section 4324(b)(4) veteran’’; ness in Persian Gulf War veterans’’ means a

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7648 CONGRESSIONAL RECORD — SENATE September 28, 2010 chronic multisymptom illness defined by a (i) in the matter preceding subparagraph (ii) in paragraph (3), as designated by cluster of signs or symptoms relating to (A), by striking ‘‘Gulf war veterans’’ and all clause (i)— service in the Persian Gulf War, typically in- that follows through ‘‘Persian Gulf War’’ and (I) by striking ‘‘vaccine associated with cluding widespread pain, persistent memory inserting ‘‘veterans who served in the Armed Gulf War service’ means’’ and inserting ‘‘vac- and concentration problems, chronic head- Forces in the Southwest Asia theater of op- cine’, with respect to service described in aches, gastrointestinal problems, and other erations during the Persian Gulf War or, subsection (c)(1)(A), means’’; and abnormalities not explained by well-estab- after September 11, 2001, in another Post-9/11 (II) by striking ‘‘service in the Armed lished diagnoses. Global Theater of Operations and the health Forces in the Southwest Asia theater of op- (2) The term ‘‘Persian Gulf War’’ has the consequences of exposures to risk factors erations during the Persian Gulf War’’ and meaning given that term in section 101(33) of during such service’’; and inserting ‘‘service described in such sub- title 38, United States Code. (ii) in subparagraph (A), by striking ‘‘who section (c)(1)(A)’’. SEC. 806. EXTENSION AND MODIFICATION OF NA- served’’ and all that follows through ‘‘such (3) CONFORMING AMENDMENT.—Section 1604 TIONAL ACADEMY OF SCIENCES RE- service’’ and inserting ‘‘who may have been of the Persian Gulf War Veterans Act of 1998 VIEWS AND EVALUATIONS ON ILL- exposed by reason of service in the South- (Public Law 105–277; 38 U.S.C. 1117 note) is re- NESS AND SERVICE IN PERSIAN west Asia theater of operations during the pealed. GULF WAR AND POST-9/11 GLOBAL Persian Gulf War or, after September 11, OPERATIONS THEATERS. SEC. 807. EXTENSION OF AUTHORITY FOR RE- 2001, in another Post-9/11 Global Theater of (a) REVIEW AND EVALUATION OF AGENTS AND GIONAL OFFICE IN REPUBLIC OF Operations’’; THE PHILIPPINES. ILLNESSES ASSOCIATED WITH PERSIAN GULF (B) in subsection (e)(1)— WAR SERVICE.— (a) EXTENSION OF AUTHORITY.—Section (i) in the matter preceding subparagraph (1) EXTENSION OF REVIEW AND EVALUA- 315(b) is amended by striking ‘‘December 31, (A), by striking ‘‘Gulf War service or expo- TION.—Subsection (j) of section 1603 of the 2010’’ and inserting ‘‘December 31, 2011’’. sure during Gulf War service’’ and inserting Persian Gulf War Veterans Act of 1998 (Pub- (b) REPORT.— ‘‘service in the Armed Forces in the South- lic Law 105–277; 38 U.S.C. 1117 note), as (1) IN GENERAL.—Not later than 1 year after west Asia theater of operations during the amended by section 202(d)(2) of the Veterans the date of the enactment of this Act, the Persian Gulf War or, after September 11, Education and Benefits Expansion Act of Comptroller General of the United States 2001, in another Post-9/11 Global Theater of 2001 (Public Law 107–173; 115 Stat. 989), is shall submit to the Committee on Veterans’ Operations or exposure during such service’’; amended by striking ‘‘October 1, 2010’’ and Affairs and the Committee on Appropria- and inserting ‘‘October 1, 2015’’. tions of the Senate and the Committee on (ii) in subparagraphs (E) and (F), by strik- (2) DISAGGREGATION OF RESULTS BY THEA- Veterans’ Affairs and the Committee on Ap- ing ‘‘Gulf War veterans’’ each place it ap- TERS OF OPERATIONS BEFORE AND AFTER SEP- propriations of the House of Representatives pears and inserting ‘‘veterans described in TEMBER 11, 2001.—Such section is further a report on the regional office of the Depart- subsection (c)(1)’’; amended— ment of Veterans Affairs in the Republic of (C) in subsection (f)(1)— (A) in subsection (c)(1)(A), by striking the Philippines. (i) by striking ‘‘service in the Persian Gulf ‘‘who served in the Southwest Asia theater (2) ELEMENTS.—The report required by War’’ and inserting ‘‘service described in sub- of operations’’ and all that follows and in- paragraph (1) shall include the following: section (c)(1)(A)’’; and serting ‘‘who may have been exposed by rea- (A) A description of the activities of the of- (ii) by striking ‘‘Gulf War service’’ and in- son of service in the Southwest Asia theater fice described in such paragraph, including serting ‘‘such service’’; of operations during the Persian Gulf War or, activities relating to the administration of (D) in subsection (h), by adding at the end after September 11, 2001, in another Post-9/11 benefits provided under laws administered by the following new paragraph: Global Theater of Operations; and’’; the Secretary of Veterans Affairs and bene- (B) in subsection (g)(1), by striking ‘‘Gulf ‘‘(5) In each report under this subsection fits provided under the Social Security Act War service’’ and inserting ‘‘service de- submitted after the date of the enactment of (42 U.S.C. 301 et seq.). scribed in subsection (c)(1)(A)’’; this paragraph, any determinations, discus- (B) An assessment of the costs and benefits (C) in subsection (i)— sions, and recommendations as described in of maintaining such office in the Republic of (i) in paragraph (1), by striking ‘‘paragraph paragraph (2) shall be submitted separately the Philippines in comparison with the costs (5)’’ and inserting ‘‘paragraph (6)’’; as follows: and benefits of moving the activities of such (ii) by redesignating paragraph (5) as para- ‘‘(A) For the Southwest Asia theater of op- office to the United States. graph (6); and erations for the period of the Persian Gulf War ending on September 11, 2001. SEC. 808. EXTENSION OF AN ANNUAL REPORT ON (iii) by inserting after paragraph (4) the EQUITABLE RELIEF. following new paragraph (5): ‘‘(B) For the Post-9/11 Global Theaters of Section 503(c) is amended by striking ‘‘De- ‘‘(5) In each report under this subsection Operations for the period of the Persian Gulf cember 31, 2009’’ and inserting ‘‘December 31, submitted after the date of the enactment of War beginning on September 11, 2001.’’; 2014’’. this paragraph, any determinations, results, (E) in subsection (i)— and recommendations as described in para- (i) in paragraph (2)— SEC. 809. AUTHORITY FOR THE PERFORMANCE graph (2) shall be submitted separately as (I) by striking ‘‘Persian Gulf War service’’ OF MEDICAL DISABILITY EXAMINA- follows: and inserting ‘‘service described in sub- TIONS BY CONTRACT PHYSICIANS. ‘‘(A) For the Southwest Asia theater of op- section (c)(1)(A)’’; Section 704(c) of the Veterans Benefits Act erations for the period of the Persian Gulf (II) by striking ‘‘service in the Persian of 2003 (Public Law 108–183; 38 U.S.C. 5101 War ending on September 11, 2001. Gulf War’’ and inserting ‘‘such service’’; and note), as amended by section 105 of the Vet- ‘‘(B) For the Post-9/11 Global Theaters of (III) by striking ‘‘Gulf War veterans’’ and erans’ Benefits Improvement Act of 2008 Operations for the period of the Persian Gulf inserting ‘‘veterans described in subsection (Public Law 110–389; 122 Stat. 4149) is amend- War beginning on September 11, 2001.’’; and (c)(1)(A)’’; and ed by striking ‘‘December 31, 2010’’ and in- (D) by adding at the end the following new (ii) by adding at the end the following new serting ‘‘December 31, 2012’’. paragraph: subsection: TITLE IX—AUTHORIZATION OF MEDICAL ‘‘(4) In each report under this subsection ‘‘(l) DEFINITIONS.—In this section: FACILITY PROJECTS AND MAJOR MED- submitted after the date of the enactment of ‘‘(1) The term ‘Persian Gulf War’ has the ICAL FACILITY LEASES meaning given that term in section 101(33) of this paragraph, any recommendations as de- title 38, United States Code. scribed in paragraph (2) shall be submitted SEC. 901. AUTHORIZATION OF FISCAL YEAR 2011 ‘‘(2) The term ‘Post-9/11 Global Theater of separately as follows: MAJOR MEDICAL FACILITY LEASES. Operations’ means Afghanistan, Iraq, and ‘‘(A) For the Southwest Asia theater of op- The Secretary of Veterans Affairs may any other theater of operations for which the erations for the period of the Persian Gulf carry out the following fiscal year 2011 major Global War on Terrorism Expeditionary War ending on September 11, 2001. medical facility leases at the locations speci- Medal is awarded for service.’’. ‘‘(B) For the Post-9/11 Global Theaters of fied, in an amount not to exceed the amount (b) REVIEW AND EVALUATION OF AVAILABLE Operations for the period of the Persian Gulf shown for each such location: EVIDENCE REGARDING ILLNESS AND SERVICE IN War beginning on September 11, 2001.’’; and (1) Billings, Montana, Community Based PERSIAN GULF WAR.— (F) in subsection (k)— Outpatient Clinic, in an amount not to ex- (1) IN GENERAL.—Subsection (j) of section (i) by striking ‘‘In this section, the term’’ ceed $7,149,000. 101 of the Veterans Programs Enhancement and inserting the following: ‘‘In this section: (2) Boston, Massachusetts, Outpatient Act of 1998 (Public Law 105–368; 112 Stat. 3321) ‘‘(1) The term ‘Persian Gulf War’ has the Clinic, in an amount not to exceed $3,316,000. is amended by striking ‘‘11 years after’’ and meaning given that term in section 101(33) of (3) San Diego, California, Community all that follows through ‘‘under subsection title 38, United States Code. Based Outpatient Clinic, in an amount not to (b)’’ and inserting ‘‘on October 1, 2018’’. ‘‘(2) The term ‘Post-9/11 Global Theater of exceed $21,495,000. (2) DISAGGREGATION OF RESULTS BY THEA- Operations’ means Afghanistan, Iraq, and (4) San Francisco, California, Research TERS OF OPERATIONS BEFORE AND AFTER SEP- any other theater of operations for which the Lab, in an amount not to exceed $10,055,000. TEMBER 11, 2001.—Such section is further Global War on Terrorism Expeditionary (5) San Juan, Puerto Rico, Mental Health amended— Medal is awarded for service. Facility, in an amount not to exceed (A) in subsection (c)(1)— ‘‘(3) The term’’; and $5,323,000.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7649

SEC. 902. MODIFICATION OF AUTHORIZATION ‘‘(B) Whenever the Secretary obligates (j) CHAPTER 37.—Section 3733(a)(7) is AMOUNT FOR MAJOR MEDICAL FA- amounts for a major medical facility under amended by inserting a comma after ‘‘2003’’. CILITY CONSTRUCTION PROJECT subparagraph (A), the Secretary shall submit (k) CHAPTER 41.—Section 4102A(b)(8) is PREVIOUSLY AUTHORIZED FOR THE to the Committee on Veterans’ Affairs and DEPARTMENT OF VETERANS AF- amended by striking ‘‘Employment and the Committee on Appropriations of the Sen- FAIRS MEDICAL CENTER, NEW ORLE- Training’’ and inserting ‘‘Employment, ate and the Committee on Veterans’ Affairs ANS, LOUISIANA. Training’’. Section 801(a)(1) of the Veterans Benefits, and the Committee on Appropriations of the Health Care, and Information Technology House of Representatives notice of the fol- (l) CHAPTER 55.—Chapter 55 is amended as Act of 2006 (Public Law 109–461; 120 Stat. lowing: follows: 3442), as amended by section 702(a)(1) of the ‘‘(i) The major medical facility project (1) In section 5510, in the second sentence Veterans’ Mental Health and Other Care Im- that is the source of the bid savings. of the matter preceding paragraph (1) by provements Act of 2008 (Public Law 110–387; ‘‘(ii) The other major medical facility striking ‘‘following: —’’ and inserting ‘‘fol- 122 Stat. 4137), is amended by striking project for which the amounts are being obli- lowing:’’. ‘‘$625,000,000’’ and inserting ‘‘$995,000,000’’. gated. (2) In section 5510(9), by striking ‘‘govern- ‘‘(iii) The amounts being obligated for such ment’’ and inserting ‘‘Government’’. SEC. 903. MODIFICATION OF AUTHORIZATION other major medical facility project.’’. AMOUNT FOR MAJOR MEDICAL FA- (m) CHAPTER 57.—Chapter 57 is amended as CILITY CONSTRUCTION PROJECT TITLE X—OTHER MATTERS follows: PREVIOUSLY AUTHORIZED FOR THE SEC. 1001. TECHNICAL CORRECTIONS. (1) In section 5723(g)(2), by inserting ‘‘the’’ DEPARTMENT OF VETERANS AF- (a) CHAPTER 1.—The table of sections at the before ‘‘Department’’. FAIRS MEDICAL CENTER, LONG beginning of chapter 1 is amended by strik- (2) In section 5727(20), by striking ‘‘subordi- BEACH, CALIFORNIA. ing the item relating to section 118 and in- nate plan defines’’ and inserting ‘‘plan that Section 802(9) of the Veterans Benefits, serting the following new item: defines’’. Health Care, and Information Technology ‘‘118. Submission of reports to Congress in Act of 2006 (Public Law 109–461; 120 Stat. 3443) (n) CHAPTER 73.—Chapter 73 is amended as electronic form.’’. is amended by striking ‘‘$107,845,000’’ and in- follows: (b) CHAPTER 11.—Section 1114(r)(2) is (1) The table of sections at the beginning of serting ‘‘$117,845,000’’. amended by striking ‘‘$$2,983’’ and inserting such chapter is amended by striking the SEC. 904. AUTHORIZATION OF APPROPRIATIONS. ‘‘$2,983’’. (a) AUTHORIZATION OF APPROPRIATIONS FOR (c) CHAPTER 17.—Chapter 17 is amended as item relating to section 7333 and inserting CONSTRUCTION.—There is authorized to be ap- follows: the following new item: propriated to the Secretary of Veterans Af- (1) In each of subparagraphs (A) and (B) of ‘‘7333. Nondiscrimination against alcohol and fairs for fiscal year 2011 for the Construction, section 1717(a)(2), by striking ‘‘the date of drug abusers and persons in- Major Projects account $1,112,845,000, of the Caregivers and Veterans Omnibus Health fected with the human im- which— Services Act of 2010’’ each place it appears munodeficiency virus.’’. (1) $995,000,000 is for the increased amounts and inserting ‘‘May 5, 2010’’. (2) In section 7325(b)(2), by striking ‘‘sec- authorized for the project whose authoriza- (2) In section 1785— tion 2811(b) of the Public Health Service Act tion is modified by section 902; and (A) by striking ‘‘section 2811(b) of the Pub- (42 U.S.C. 300hh-11(b))’’ and inserting ‘‘sec- (2) $117,845,000 is for the increased amounts lic Health Service Act (42 U.S.C. 300hh- tion 2812 of the Public Health Service Act (42 authorized for the project whose authoriza- 11(b))’’ and inserting ‘‘section 2812 of the U.S.C. 300hh-11)’’. tion is modified by section 903. Public Health Service Act (42 U.S.C. 300hh)’’; (b) AUTHORIZATION OF APPROPRIATIONS FOR and (o) CHAPTER 79.—Section 7903(a) is amended MEDICAL FACILITY LEASES.—There is author- (B) by striking ‘‘paragraph (3)(A) of’’. by striking ‘‘paragraph (2)’’ and inserting ized to be appropriated to the Secretary of (d) CHAPTER 19.—Chapter 19 is amended as ‘‘paragraph (3)’’. Veterans Affairs for fiscal year 2011 for the follows: (p) CHAPTER 81.—Chapter 81 is amended as Medical Facilities account $47,338,000 for the (1) In the third sentence of section follows: leases authorized in section 901. 1967(a)(3)(B), by striking ‘‘spouse,,’’ and in- (1) In section 8111A(a)(2)(B)(ii)— (c) LIMITATIONS.—The projects whose au- serting ‘‘spouse,’’. (A) by striking ‘‘section 2811(b) of the Pub- thorizations are modified under sections 902 (2) In the second sentence of section lic Health Service Act (42 U.S.C. 300hh- and 903 may only be carried out using— 1980A(h), by inserting ‘‘section’’ before 11(b))’’ and inserting ‘‘section 2812 of the (1) funds appropriated for fiscal year 2011 ‘‘1968(a)’’. Public Health Service Act (42 U.S.C. 300hh)’’; pursuant to the authorization of appropria- (e) CHAPTER 20.—Section 2044(e)(3) is and tions in subsection (a) of this section; amended by striking ‘‘fiscal year’’ and in- (B) by striking ‘‘paragraph (3)(A) of’’. (2) funds available for Construction, Major serting ‘‘fiscal years’’. (2) In section 8117(e)— (f) CHAPTER 30.—The table of sections at Projects, for a fiscal year before fiscal year (A) in paragraph (1), by striking ‘‘(42 U.S.C. the beginning of chapter 30 is amended by 2011 that remain available for obligation; 300hh-11(b))’’ and inserting ‘‘(42 U.S.C. 300hh- striking the item relating to section 3020 and (3) funds available for Construction, Major 11)’’; and inserting the following new item: Projects, for a fiscal year after fiscal year (B) in paragraph (2), by striking ‘‘(42 U.S.C. 2011 that remain available for obligation; ‘‘3020. Authority to transfer unused edu- 247d-6(a))’’ and inserting ‘‘(42 U.S.C. 247d-6)’’. (4) funds appropriated for Construction, cation benefits to family mem- Major Projects, for fiscal year 2011 for a cat- bers for career service mem- SEC. 1002. STATUTORY PAY-AS-YOU-GO ACT COM- egory of activity not specific to a project; bers.’’. PLIANCE. (5) funds appropriated for Construction, (g) CHAPTER 33.—Chapter 33 is amended as The budgetary effects of this Act, for the Major Projects, for a fiscal year before 2011 follows: purpose of complying with the Statutory for a category of activity not specific to a (1) In section 3313(c)(1), by striking ‘‘higher Pay-As-You-Go-Act of 2010, shall be deter- project; and education’’ each place it appears and insert- mined by reference to the latest statement (6) funds appropriated for Construction, ing ‘‘higher learning’’ titled ‘‘Budgetary Effects of PAYGO Legisla- Major Projects, for a fiscal year after 2011 for (2) In section 3313(d)(3), by striking ‘‘assist- tion’’ for this Act, submitted for printing in a category of activity not specific to a ance this chapter’’ and inserting ‘‘assistance the Congressional Record by the Chairman of project. under this chapter’’. the Senate Budget Committee, provided that (3) In section 3313(e)(2)(B), by inserting a SEC. 905. REQUIREMENT THAT BID SAVINGS ON such statement has been submitted prior to MAJOR MEDICAL FACILITY period at the end. the vote on passage. PROJECTS OF DEPARTMENT OF VET- (4) In section 3316(b)(2), by striking ‘‘sup- ERANS AFFAIRS BE USED FOR plement’’ and inserting ‘‘supplemental’’. OTHER MAJOR MEDICAL FACILITY (5) In section 3316(b)(3), by striking ‘‘edu- SA 4672. Mr. DURBIN (for Mr. CONSTRUCTION PROJECTS OF THE cational payable’’ and inserting ‘‘edu- DEPARTMENT. AKAKA) proposed an amendment to the cational assistance payable’’. bill H.R. 3219, to amend title 38, United Section 8104(d) is amended— (6) In section 3318(b)(2)(B), by striking (1) by striking ‘‘In any case’’ and inserting ‘‘higher education’’ and inserting ‘‘higher States Code, and the Servicemembers ‘‘(1) Except as provided in paragraph (2), in learning’’. Civil Relief Act to make certain im- any case’’; and (7) In section 3319(b)(2), by striking ‘‘sec- provements in the laws administered (2) by adding at the end the following new tion (k)’’ and inserting ‘‘subsection (j)’’. by the Secretary of Veterans Affairs, paragraph: (8) In section 3321(b)(2), by striking ‘‘3312’’ and for other purposes; as follows: ‘‘(2)(A) In any fiscal year, unobligated and inserting ‘‘section 3312 of this title’’. amounts in the Construction, Major Projects (h) CHAPTER 35.—Section 3512(a)(6) is Amend the title so as to read: ‘‘An Act to account that are a direct result of bid sav- amended by striking ‘‘this clause’’ and in- amend title 38, United States Code, and the ings from a major medical facility project serting ‘‘this paragraph’’. Servicemembers Civil Relief Act to make may only be obligated for major medical fa- (i) CHAPTER 36.—Section 3684(a)(1) is certain improvements in the laws adminis- cility projects authorized for that fiscal year amended by striking ‘‘,,’’ and inserting a tered by the Secretary of Veterans Affairs, or a previous fiscal year. comma. and for other purposes.’’.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7650 CONGRESSIONAL RECORD — SENATE September 28, 2010 AUTHORITY FOR COMMITTEES TO room 253 of the Russell Senate Office date on which the recipient of a contract under MEET Building. this section receives Federal funds under this The PRESIDING OFFICER. Without section’’; and COMMITTEE ON ARMED SERVICES objection, it is so ordered. (ii) by striking the second sentence and insert- Mr. BURRIS. Mr. President, I ask ing ‘‘The Secretary shall ensure that no Federal unanimous consent that the Com- SUBCOMMITTEE ON SURFACE TRANSPORTATION funds shall be obligated under any such con- AND MERCHANT MARINE INFRASTRUCTURE, tract after the date that is 5 years after the date mittee on Armed Services be author- SAFETY, AND SECURITY ized to meet during the session of the on which the contract is entered into, except as Mr. BURRIS. Mr. President, I ask provided in paragraphs (2) and (3).’’; Senate on September 28, 2010, at 10 a.m. unanimous consent that the Sub- (B) in paragraph (2)— The PRESIDING OFFICER. Without committee on Surface Transportation (i) in the matter preceding subparagraph objection, it is so ordered. and Merchant Marine Infrastructure, (A)— COMMITTEE ON ENVIRONMENT AND PUBLIC Safety, and Security on Commerce, (I) by striking ‘‘Subject to paragraph (1)(B), the’’ and inserting ‘‘The’’; and WORKS Science, and Transportation be author- Mr. BURRIS. Mr. President, I ask (II) by striking ‘‘3’’ and inserting ‘‘5’’; ized to meet during the session of the (ii) in subparagraph (A) by striking ‘‘150,000’’ unanimous consent that the Com- Senate on September 28, 2010, at 3 p.m., and all that follows through ‘‘and’’ at the end mittee on Environment and Public in room 253 of the Russell Senate Office and inserting ‘‘the inventory goal described in Works be authorized to meet during Building. subsection (a) has not yet been met;’’; the session of the Senate on September The PRESIDING OFFICER. Without (iii) in subparagraph (B)— 28, 2010, at 10 a.m. in room 406 of the objection, it is so ordered. (I) by inserting ‘‘meeting the requirements under subsection (d)’’ after ‘‘receive an applica- Dirksen Senate Office Building. f The PRESIDING OFFICER. Without tion for a contract under this section’’; and objection, it is so ordered. STEM CELL THERAPEUTIC AND (II) by striking ‘‘or the Secretary’’ and all RESEARCH REAUTHORIZATION that follows through the period at the end and COMMITTEE ON FINANCE ACT OF 2010 inserting ‘‘; or’’; and Mr. BURRIS. Mr. President, I ask (iv) by adding at the end the following: unanimous consent that the Com- Mr. FRANKEN. Mr. President, I ask ‘‘(C) the Secretary determines that the out- mittee on Finance be authorized to unanimous consent that the Senate standing inventory need cannot be met by the meet during the session of the Senate proceed to the immediate consider- qualified cord blood banks under contract under this section.’’; and on September 28, 2010, at 10 a.m., in ation of Calendar No. 587, S. 3751. The PRESIDING OFFICER. The (C) by striking paragraph (3) and inserting room 215 of the Dirksen Senate Office the following: clerk will report the bill by title. Building, to conduct a hearing entitled ‘‘(3) EXTENSION ELIGIBILITY.—A qualified cord ‘‘Do Private Long-Term Disability The assistant legislative clerk read blood bank shall be eligible for a 5-year exten- Policies Provide the Protection They as follows: sion of a contract awarded under this section, Promise?’’ A bill (S. 3751) to amend the Stem Cell as described in paragraph (2), provided that the The PRESIDING OFFICER. Without Therapeutic and Research Act of 2005. qualified cord blood bank— objection, it is so ordered. There being no objection, the Senate ‘‘(A) demonstrates a superior ability to satisfy the requirements described in subsection (b) and COMMITTEE ON INDIAN AFFAIRS proceeded to consider the bill, which had been reported from the Committee achieves the overall goals for which the contract Mr. BURRIS. Mr. President, I ask was awarded; unanimous consent that the Com- on Health, Education, Labor, and Pen- ‘‘(B) provides a plan for how the qualified mittee on Indian Affairs be authorized sions, with an amendment in the na- cord blood bank will increase cord blood unit to meet during the session of the Sen- ture of a substitute to strike all after collections at collection sites that exist at the ate on September 28, 2010, at 10 a.m. in the enacting clause and insert in lieu time of consideration for such extension of a thereof the following: contract, assist with the establishment of new room 628 of the Dirksen Senate Office collection sites, or contract with new collection Building. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Stem Cell sites; and The PRESIDING OFFICER. Without Therapeutic and Research Reauthorization Act ‘‘(C) annually provides to the Secretary a objection, it is so ordered. of 2010’’. plan for, and demonstrates, ongoing measurable progress toward achieving self-sufficiency of COMMITTEE ON THE JUDICIARY SEC. 2. AMENDMENTS TO THE STEM CELL THERA- cord blood unit collection and banking oper- Mr. BURRIS. Mr. President, I ask PEUTIC AND RESEARCH ACT OF 2005. (a) CORD BLOOD INVENTORY.—Section 2 of the ations.’’; unanimous consent that the Com- (5) in subsection (g)(4), by striking ‘‘or par- mittee on the Judiciary be authorized Stem Cell Therapeutic and Research Act of 2005 (42 U.S.C. 274k note) is amended— ent’’; and to meet during the session of the Sen- (1) in subsection (a), by inserting ‘‘the inven- (6) in subsection (h)— ate, on September 28, 2010, at 10 a.m., tory goal of at least’’ before ‘‘150,000’’; (A) by striking paragraphs (1) and (2) and in- in room SD–226 of the Dirksen Senate (2) in subsection (c)— serting the following: Office Building, to conduct a hearing (A) in paragraph (2), by striking ‘‘or is trans- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— entitled ‘‘Restoring Key Tools to Com- ferred’’ and all that follows through the period There are authorized to be appropriated to the Secretary to carry out the program under this bat Fraud and Corruption After the Su- and inserting ‘‘for a first-degree relative.’’; and (B) in paragraph (3), by striking ‘‘150,000’’; section $23,000,000 for each of fiscal years 2011 preme Court’s Skilling Decision.’’ (3) in subsection (d)— through 2014 and $20,000,000 for fiscal year The PRESIDING OFFICER. Without (A) in paragraph (1), by inserting ‘‘beginning 2015.’’; objection, it is so ordered. on the last date on which the recipient of a con- (B) by redesignating paragraph (3) as para- SELECT COMMITTEE ON INTELLIGENCE tract under this section receives Federal funds graph (2); and under this section’’ after ‘‘10 years’’; (C) in paragraph (2), as so redesignated, by Mr. BURRIS. Mr. President, I ask striking ‘‘in each of fiscal years 2007 through unanimous consent that the Select (B) in paragraph (2), by striking ‘‘; and’’ and inserting ‘‘;’’; 2009’’ and inserting ‘‘for each of fiscal years Committee on Intelligence be author- (C) by redesignating paragraph (3) as para- 2011 through 2015’’. ized to meet during the session of the graph (5); and (b) NATIONAL PROGRAM.—Section 379 of the Senate on September 28, 2010 at 2:30 (D) by inserting after paragraph (2) the fol- Public Health Service Act (42 U.S.C. 274k) is p.m. lowing: amended— The PRESIDING OFFICER. Without ‘‘(3) will provide a plan to increase cord blood (1) by striking subsection (a)(6) and inserting objection, it is so ordered. unit collections at collection sites that exist at the following: the time of application, assist with the establish- ‘‘(6) The Secretary, acting through the Ad- SUBCOMMITTEE ON CONSUMER PROTECTION, ment of new collection sites, or contract with ministrator of the Health Resources and Services PRODUCT SAFETY, AND INSURANCE new collection sites; Administration, shall submit to Congress an an- Mr. BURRIS. Mr. President, I ask ‘‘(4) will annually provide to the Secretary a nual report on the activities carried out under unanimous consent that the Sub- plan for, and demonstrate, ongoing measurable this section.’’; committee on Consumer Protection, progress toward achieving self-sufficiency of (2) in subsection (d)— Product Safety, and Insurance of the cord blood unit collection and banking oper- (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), Committee on Commerce, Science, and ations; and’’; (4) in subsection (e)— by striking ‘‘With respect to cord blood, the Pro- Transportation be authorized to meet (A) in paragraph (1)— gram shall—’’ and inserting the following: during the session of the Senate on (i) by striking ‘‘10 years’’ and inserting ‘‘a pe- ‘‘(A) IN GENERAL.—With respect to cord blood, September 28, 2010, at 10:30 a.m., in riod of at least 10 years beginning on the last the Program shall—’’;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7651 (ii) by redesignating subparagraphs (A) paragraph (A) in order to encourage the effi- (H) a description of the methods used prior to through (H) as clauses (i) through (viii) respec- cient collection of high-quality and diverse cord the date of enactment of this Act to distribute tively; blood units. funds to cord blood banks and recommendations (iii) by striking clause (iv), as so redesignated, (2) RECOMMENDATIONS.—Not later than 1 year for how to improve such methods to encourage and inserting the following: after the date of enactment of this Act, the Ad- the efficient collection of high-quality and di- ‘‘(iv) support and expand new and existing visory Council shall submit recommendations to verse cord blood units, consistent with the re- studies and demonstration and outreach the Secretary with respect to— quirements of the C.W. Bill Young Cell Trans- projects for the purpose of increasing cord blood (A) whether models for remote collection of plantation Program and the National Cord unit donation and collection from a genetically cord blood units should be allowed only with Blood Inventory program under section 2 of the diverse population and expanding the number of limited, scientifically-justified safety protec- Stem Cell Therapeutic and Research Act of 2005. cord blood unit collection sites partnering with tions; and (f) DEFINITION.—In this Act, the term ‘‘remote cord blood banks receiving a contract under the (B) whether the Secretary should allow for collection’’ has the meaning given such term in National Cord Blood Inventory program under cord blood unit collection from routine deliveries section 379(d)(2)(C) of the Public Health Service section 2 of the Stem Cell Therapeutic and Re- without temperature or humidity monitoring of Act. search Act of 2005, including such studies and delivery rooms in hospitals approved by the Mr. REED. Mr. President, today the projects that focus on— Joint Commission. ‘‘(I) remote collection of cord blood units, con- (d) AUTHORIZATION OF APPROPRIATIONS.—Sec- Senate passed the Stem Cell Thera- sistent with the requirements under the Program tion 379B of the Public Health Service Act (42 peutic and Research Reauthorization and the National Cord Blood Inventory program U.S.C. 274m) is amended by striking Act of 2010. I was pleased to have been goal described in section 2(a) of the Stem Cell ‘‘$34,000,000’’ and all that follows through the involved in the crafting of this bill, Therapeutic and Research Act of 2005; and period at the end, and inserting ‘‘$30,000,000 for which is the product of months of bi- ‘‘(II) exploring novel approaches or incentives each of fiscal years 2011 through 2014 and to encourage innovative technological advances partisan discussions, collaboration, and $33,000,000 for fiscal year 2015.’’. negotiation. I also want to recognize that could be used to collect cord blood units, (e) REPORT ON CORD BLOOD UNIT DONATION consistent with the requirements under the Pro- AND COLLECTION.— the hard work and dedication of Sen- gram and such National Cord Blood Inventory (1) IN GENERAL.—Not later than 1 year after ators DODD, HATCH, BURR, and ENSIGN program goal;’’; and the date of enactment of this Act, the Comp- in getting this bill across the finish (iv) by adding at the end the following: troller General of the United States shall submit line in the Senate. ‘‘(B) EFFORTS TO INCREASE COLLECTION OF to the Committee on Health, Education, Labor, HIGH QUALITY CORD BLOOD UNITS.—In carrying This bill offers promise to the tens of and Pensions and the Committee on Appropria- out subparagraph (A)(iv), not later than 1 year thousands of individuals diagnosed tions of the Senate, the Committee on Energy after the date of enactment of the Stem Cell with leukemia and lymphomas, sickle and Commerce and the Committee on Appropria- Therapeutic and Research Reauthorization Act cell anemia, and rare genetic blood dis- tions of the House of Representatives, and the of 2010 and annually thereafter, the Secretary Secretary of Health and Human Services a re- orders. shall set an annual goal of increasing collec- port reviewing studies, demonstration programs, It will reauthorize the C.W. Bill tions of high quality cord blood units, consistent and outreach efforts for the purpose of increas- Young National Marrow Donor Pro- with the inventory goal described in section 2(a) ing cord blood unit donation and collection for gram, which has been helping to con- of the Stem Cell Therapeutic and Research Act the National Cord Blood Inventory to ensure a of 2005 (referred to in this subparagraph as the nect individuals in need of a bone mar- high-quality and genetically diverse inventory ‘inventory goal’), and shall identify at least one row transplant with donors since 1986, of cord blood units. project under subparagraph (A)(iv) to replicate and the National Cord Blood Inventory, (2) CONTENTS.—The report described in para- and expand nationwide, as appropriate. If the graph (1) shall include a review of such studies, which has been helping to connect indi- Secretary cannot identify a project as described demonstration programs, and outreach efforts viduals in need of an umbilical cord in the preceding sentence, the Secretary shall under section 2 of the Stem Cell Therapeutic blood transplant with donors since submit a plan, not later than 180 days after the and Research Act of 2005 (42 U.S.C. 274k note) 1999. date on which the Secretary was required to (as amended by this Act) and section 379 of the I am particularly pleased that the identify such a project, to the Committee on Public Health Service Act (42 U.S.C. 274k) (as Health, Education, Labor, and Pensions of the bill will remove a cap on the number of amended by this Act), including— Senate and the Committee on Energy and Com- cord blood units that could be stored (A) a description of the challenges and bar- by qualified cord blood banks in the merce of the House of Representatives for ex- riers to expanding the number of cord blood unit panding remote collection of high quality cord collection sites, including cost, the cash flow re- National Cord Blood Inventory. The blood units, consistent with the requirements quirements and operations of awarding con- original law limited the number to under the National Cord Blood Inventory pro- tracts, the methods by which funds are distrib- 150,000 units. As the science has gram under section 2 of the Stem Cell Thera- uted through contracts, the impact of regulatory evolved, we know that 150,000 is no- peutic and Research Act of 2005 and the inven- and administrative requirements, and the capac- where near the amount necessary to tory goal. Each such plan shall be made avail- ity of cord blood banks to maintain high-quality meet the demands of those in need of a able to the public. units; ‘‘(C) DEFINITION.—In this paragraph, the term cord blood transplant. And, in elimi- (B) remote collection or other innovative tech- ‘remote collection’ means the collection of cord nating this cap, I am pleased that we nological advances that could be used to collect blood units at locations that do not have written cord blood units; have included provisions to encourage contracts with cord blood banks for collection (C) appropriate methods for improving pro- greater cord blood donation and collec- support.’’; and vider education about collecting cord blood tion as well as provisions to help shed (B) in paragraph (3)(A), by striking ‘‘(2)(A)’’ units for the national inventory and participa- and inserting ‘‘(2)(A)(i)’’; and light onto the obstacles to greater do- (3) by striking subsection (f)(5)(A) and insert- tion in such collection activities; nation and collection. (D) estimates of the number of cord blood unit ing the following: I am proud that the Rhode Island ‘‘(A) require the establishment of a system of collection sites necessary to meet the out- Blood Center has contributed to the strict confidentiality to protect the identity and standing national inventory need and the char- acteristics of such collection sites that would success of the National Marrow Donor privacy of patients and donors in accordance Program with over 61,000 registered with Federal and State law; and’’. help increase the genetic diversity and enhance (c) ADDITIONAL REPORTS.— the quality of cord blood units collected; marrow donors. In addition, last year a (1) INTERIM REPORT.—In addition to the an- (E) best practices for establishing and sus- new partnership formed between the nual report required under section 379(a)(6) of taining partnerships for cord blood unit collec- Rhode Island Blood Bank and Women the Public Health Service Act (42 U.S.C. tion at medical facilities with a high number of and Infants Hospital in Providence, RI, 274k(a)(6)), the Secretary of Health and Human minority births; to begin collecting umbilical cord Services (referred to in this subsection as the (F) potential and proven incentives to encour- age hospitals to become cord blood unit collec- blood units as part of a pilot project. ‘‘Secretary’’), in consultation with the Advisory Over 1,000 units have already been col- Council established under such section 379, shall tion sites and partner with cord blood banks submit to Congress an interim report not later participating in the National Cord Blood Inven- lected, and I look forward to the time than 180 days after the date of enactment of this tory under section 2 of the Stem Cell Thera- when Rhode Island will be contributing Act describing— peutic and Research Act of 2005 and to assist to the National Cord Blood Inventory. (A) the methods to distribute Federal funds to cord blood banks in expanding the number of The public registries made up of cord blood banks used at the time of submission cord blood unit collection sites with which such Rhode Island donors and those from all of the report; cord blood banks partner; over the country have been a true life- (G) recommendations about methods cord (B) how cord blood banks contract with col- line for the Americans who have found lection sites for the collection of cord blood blood banks and collection sites could use to units; and lower costs and improve efficiency of cord blood an unrelated match. By strengthening (C) recommendations for improving the meth- unit collection without decreasing the quality of and enhancing the important programs ods to distribute Federal funds described in sub- the cord blood units collected; and operating these registries, many more

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7652 CONGRESSIONAL RECORD — SENATE September 28, 2010 Americans will be afforded the oppor- allows cord blood units to remain part mously and became law—P.L 109–129— tunity to find a match if they are ever of the national inventory for at least 10 on December 20, 2005. This law offered a in need. years. unique opportunity to assist those suf- I look forward to swift passage of Additionally, S. 3751 redefines the fering from a serious illness requiring this legislation in the House of Rep- term ‘‘first-degree relative’’ as a sib- cord blood or bone marrow transplants. resentatives and the President signing ling of an individual requiring a trans- In 2005, our goal was to increase the this bill into law shortly thereafter. plant. Children are not a match for number of bone marrow and cord blood Mr. HATCH. Mr. President, I am parents in need of a cord blood trans- donors to meet our goal of 150,000 high- pleased that the Senate is considering plant, as the original law suggested. quality and diverse cord blood units. S. 3751, the Stem Cell Therapeutic and The bill also aligns the privacy protec- Today, our goal remains the same ex- Research Reauthorization Act of 2010 tions provided to bone marrow donors cept we are encouraging the collection which reauthorizes the Stem Cell and patients with umbilical cord blood of at least 150,000 units. The sponsors of Therapeutic and Research Act of 2005— donors and transplant patients. this legislation want to do everything P.L. 109–129—through the end of 2015. I The legislation encourages the Pro- in our power to provide patients with am also grateful that Senators DODD, gram to support studies and dem- the best transplant options and signing BURR, REED, ENSIGN, FRANKEN and onstration projects to increase cord this legislation into law is how we COBURN have joined me as sponsors of blood donation and collection. More achieve this second goal. Transplant this bipartisan bill, which was unani- specifically, S. 3751 directs the Sec- patients and their families deserve mously approved by the Senate Com- retary of Health and Human Services— nothing less. mittee on Health, Education, Labor HHS, acting though the HRSA Admin- S. 3751 is supported by the following and Pensions and the House Energy istrator, to submit to Congress an an- organizations: American Society of and Commerce Committee last week. nual report on the National Program’s Bone Marrow Transplant, Aplastic S. 3751, the Stem Cell Therapeutic activities including novel approaches Anemia and MDS Society, Center for and Research Reauthorization Act, re- for increasing cord blood unit donation International Blood and Marrow Trans- authorizes the C.W. Bill Young Cell and collection. The HHS Secretary also plantation, Colorado Cord Blood Bank, Transplantation Program—the Pro- is directed to set an annual goal of in- Duke University Cord Blood Bank, gram—and the National Cord Blood In- creasing collections of high-quality Intermountain Primary Children’s Hos- ventory program—NCBI. These pro- and diverse cord blood units through pital, Jeff Gordon Foundation, Leu- grams maintain donor registries for in- remote collection or other approaches. kemia and Lymphoma Foundation, dividuals in need of bone marrow and In addition, S. 3751 directs the HHS LifeCord Cord Blood Bank, National umbilical cord blood transplants. Secretary to identify at least one of Marrow Donor Program, Nevada Can- Today, more than eight million Ameri- these approaches to replicate and ex- cer Institute, New Jersey Cord Blood cans are registered bone marrow do- pand across the country. If a project is Bank, New York Blood Center Cord nors, and in the 5 years since NCBI was not identified, the HHS Secretary shall Blood Bank, Rhode Island Blood Cen- established, more than 28,600 cord submit a plan for expanding remote ter, St. Louis Cord Blood Bank, blood units have been collected. Cord collection of high-quality and diverse StemCyte International Cord Blood blood transplantation accounts for cord blood units. Bank, University of Utah’s Cell Ther- over 40 percent of all transplants in the S. 3751 requires the HHS Secretary, apy Facility, Villanova football head country. in consultation with the Advisory coach Andy Talley, and Yale Univer- I believe it is important for Senators Council, to submit to Congress an in- sity Hospital. to understand the specifics of S. 3751. terim report within 6 months after en- Finally, I ask unanimous consent to Our bill reauthorizes the program actment, describing existing methods have printed in the RECORD the section through the end of Fiscal Year 2015. used to distribute Federal funds to cord by section analysis of S. 3751. The authorization levels for the Pro- blood banks. The report also would ex- There being no objection, the mate- gram are $30 million from FY11 plain how cord blood banks contract rial was ordered to be printed in the through FY14 and $33 million in FY15. with cord blood unit collection sites RECORD, as follows: The NCBI authorization levels are $23 and recommend how these methods million from FY11 through FY14 and may be improved in order to encourage SEC. 1. SHORT TITLE $20 million in FY15. The total author- efficient collection of high-quality and Stem Cell Therapeutic and Research Reau- ization level for both programs com- diverse cord blood units. thorization Act of 2010. bined is $53 million annually, which is Our legislation also requires the Ad- SEC. 2. AMENDMENTS TO THE STEM CELL the same authorization level included visory Council to submit recommenda- THERAPEUTIC AND RESEARCH ACT OF 2005 in the Stem Cell Therapeutic and Re- tions to the HHS Secretary 1 year after (a) Instructs the Secretary of Health and search Act of 2005. enactment on whether remote models Human Services (HHS) to enter into con- Our bill calls for the collection and for cord blood unit collection should be tracts with qualified cord blood banks in maintenance of at least 150,000 high- allowed with only limited, scientif- order to create and maintain a national in- quality cord blood units. In order to ventory of at least 150,000 new high quality ically justified safety protections. The cord blood units suitable for transplantation collect high-quality and diverse units, Advisory Council would also make rec- into unrelated recipients. The 2005 law au- the Health Resources and Services Ad- ommendations on whether HHS should thorized a 3-year demonstration project to ministration—HRSA—contracts with allow for cord blood unit collection collect umbilical cord blood units specifi- cord blood banks to collect and main- from routine deliveries without tem- cally for use in a first-degree relative. The tain umbilical cord blood units for the perature or humidity monitoring of de- law instructed these units to be combined national inventory. To achieve the goal livery rooms in hospitals approved by with the national inventory at the end of the of collecting at least 150,000 units, S. the Joint Commission. 3-year demo. Since the FDA follows different 3751 requires cord blood banks to pro- Finally, S. 3751 requires the Govern- collection and storage requirements for cord blood units intended for use in a first-degree vide a strategic plan to increase collec- ment Accountability Office—GAO—to relative and a stranger, the substitute tion, assist with the creation of new study existing cord blood donation and amendment eliminates this instruction and collection sites, or contract with new collection methods and the barriers re- requires the units collected for the dem- collection sites when first applying for sponsible for limiting donation and col- onstration program only be stored for use in a contract or extending an existing lection. GAO also would analyze the a first-degree relative. contract. S. 3751 also requires cord methods used to distribute funds to Includes additional requirements for enti- blood banks to submit an annual plan cord blood banks and novel approaches ties applying to be qualified cord blood for achieving self-sufficiency and dem- to grow the NCBI. banks. First, the entity must provide a plan onstrates on-going measurable progress S. 3751 proves that contrary to pop- to increase cord blood unit collections at collection sites that exist at the time of ap- toward achieving self-sufficiency of ular belief, bipartisanship still exists plication, assist with the establishment of cord blood collection and banking oper- in the . The new collection sites or contract with new ations. The bill also extends the dura- original Stem Cell Therapeutic and Re- collection sites. Second, contract recipients tion of a contract from 3 to 5 years and search Act passed Congress unani- must annually provide to the HHS Secretary

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7653 a plan for and demonstrate ongoing, measur- livery rooms in hospitals approved by the The PRESIDING OFFICER. Without able progress toward achieving self-suffi- Joint Commission. objection, it is so ordered. Authorizes appropriations for the C.W. Bill ciency of cord blood collection and banking The clerk will report the bill by title. operations. Young Cell Transplantation Program (the Extends the length of a cord blood bank Program) at $30 million in fiscal years 2011– The assistant legislative clerk read contract from three years to five years. A 2014 and $33 million in fiscal year 2015. The as follows: five year extension of cord blood contracts substitute amendment eliminates language A bill (H.R. 5566) to amend title 18, United will be permitted if such entities: (1) dem- in the law which allows funds to remain States Code, to prohibit interstate com- onstrate a superior ability to satisfy the re- available until expended since this is over- merce in animal crush videos, and for other quirements included in the original statute ridden by long-standing policy in appropria- purposes. to be federal cord blood banks; (2) provide a tions bills. The statutory language was origi- plan for increasing cord blood unit collec- nally necessary because the 2005 authoriza- There being no objection, the Senate tions at collection sites that exist at the tion law passed after funds had been appro- proceeded to consider the bill. time of consideration of such extension, as- priated. Mr. LEAHY. Mr. President, I am sist with the establishment of new collection Directs the Government Accountability Of- pleased that the Senate will pass the sites, or contract with new collection sites; fice (GAO) to submit a report on cord blood Animal Crush Video Prohibition Act. and (3) annually provide to the HHS Sec- unit donation and collection as well as meth- retary a plan for and demonstrate ongoing, ods used to distribute funds to cord blood In doing so, we have taken this impor- measurable progress toward achieving self- banks no later than one year after enact- tant step toward banning obscene ani- sufficiency of cord blood collection and ment. The report shall be submitted to the mal crush videos, and I thank Senators banking operations. Senate Committee on Health, Education, KYL, MERKLEY and BURR for their lead- Redefines the term, ‘‘first-degree relative’’ Labor and Pensions, the Senate Committee ership on this issue. We worked on a bi- as a sibling of the individual requiring a on Appropriations, the House Energy and partisan basis to ensure that this legis- transplant. Authorizes appropriations for the Commerce Committee and the House Com- National Cord Blood Inventory Program lation respects the first amendment mittee on Appropriations. and the role of our court system, while (NCBI) at $23 million in fiscal years 2011–2014 Mr. FRANKEN. Mr. President, I ask and $20 million in fiscal year 2015. The sub- at the same time giving law enforce- stitute amendment eliminates language in unanimous consent that the com- ment a valuable and necessary tool to the law which allows funds to remain avail- mittee-reported substitute amendment stop obscene animal cruelty. I urge the able until expended since this is overridden be agreed to, the bill, as amended, be House to quickly adopt the legislation. by long-standing policy in appropriations read three times, passed, the motion to Earlier this year, in United States v. bills. The statutory language was originally reconsider be laid upon the table, and Stevens, the Supreme Court struck necessary because the 2005 authorization law that any statements relating thereto passed after funds had been appropriated. down a Federal statute banning depic- (b) Clarifies that the C.W. Bill Young Cell be printed in the RECORD. tions of animal cruelty because it held Transplantation Program, known as the Pro- The PRESIDING OFFICER. Without the statute to be overbroad and in vio- gram, shall support studies and outreach objection, it is so ordered. lation of the first amendment. Animal The committee amendment in the projects to increase cord collection donation crush videos, which can depict obscene, nature of a substitute was agreed to. and collection from a genetically diverse extreme acts of animal cruelty, were a population, including exploring novel ap- The bill (S. 3751), as amended, was or- primary target of that legislation. proaches or incentives, such as remote or dered to be engrossed for a third read- other innovative technological advances ing, was read the third time, and Two months ago, in response to the that could be used to collect cord blood passed. Stevens decision, the House over- units, to expand the number of cord blood whelmingly passed a narrower bill ban- f collection sites partnering with cord blood ning animal crush videos on obscenity banks that receive a contract under the VIETNAM VETERANS MEMORIAL grounds. The Senate Judiciary Com- NCBI program. VISITOR CENTER Directs the Secretary, acting though the mittee regularly looks at questions Administrator of the Health Resources and Mr. DURBIN. Mr. President, I ask raised by Supreme Court decisions and Services Administration, to submit to Con- unanimous consent that the Senate the first amendment, and the House- gress an annual report on activities con- proceed to the consideration of Cal- passed bill was referred to the Senate ducted through the National Program in- endar No. 406, H.R. 3689. Judiciary Committee for consider- cluding novel approaches for the purpose of The PRESIDING OFFICER. The ation. increasing cord blood unit donation and col- clerk will report the bill by title. There are a few well-established ex- lection. Directs the Secretary to set an an- The assistant legislative clerk read ceptions to the first amendment. The nual goal of increasing collections of high as follows: quality cord blood units through remote col- United States has long prohibited the lection or other novel approaches. The Sec- A bill (H.R. 3689) to provide for an exten- interstate sale of obscene materials, retary shall identify at least one of these ap- sion of the legislative authority of the Viet- and the Supreme Court recognized this proaches to replicate and expand nationwide nam Veterans Memorial Fund, Inc. to estab- exception to the first amendment in as appropriate. If such a project cannot be lish a Vietnam Veterans Memorial visitor center, and for other purposes. 1957. Earlier this month, the Judiciary identified by the Secretary, then the Sec- Committee held a hearing focused on retary shall submit a plan for expanding re- There being no objection, the Senate the obscene nature of many animal mote collection of high quality cord blood proceeded to consider the bill. crush videos. We heard testimony from units. Remote collection is defined as cord Mr. DURBIN. Mr. President, I ask experts who confirmed that many ani- blood unit collections occurring at locations unanimous consent that the bill be mal crush videos depict extreme acts of that do not hold written contracts with ex- read three times, passed, and the mo- isting cord blood banks for collection sup- animal cruelty which are designed to tion to reconsider be laid upon the port. appeal to a specific, prurient, sexual table, that any statements relating to Requires the Secretary, in consultation fetish. Indeed, these animal crush vid- with the Advisory Council, to submit to Con- the measure be printed in the RECORD. gress an interim report not later than 6 The PRESIDING OFFICER. Without eos are patently offensive, lack any re- months after date of enactment, describing objection, it is so ordered. deeming social value, and can be the existing methods used to distribute fed- The bill (H.R. 3689) was ordered to a banned consistent with the Supreme eral funds to cord blood banks; how cord third reading, was read the third time, Court’s obscenity jurisprudence. In blood banks contract with collection sites and passed. drafting the substitute amendment to for the collection of cord blood units; and the House bill, we were careful to re- f recommendations to improve these methods spect the role that courts and juries to encourage the efficient collection of high PREVENTION OF INTERSTATE play in determining obscenity. In any quality and diverse cord blood units. COMMERCE IN ANIMAL CRUSH Requires the Advisory Council shall sub- given case, it will be up to the pros- mit recommendations to the Secretary one VIDEOS ACT OF 2010 ecutor to prove and the jury to deter- year after enactment about whether: Mr. DURBIN. Mr. President, I ask mine whether a given depiction is ob- 1. remote models for cord blood unit collec- unanimous consent that the Com- scene, because obscenity is a separate tion should be allowed with only limited, sci- mittee on Judiciary be discharged from element of the crime. The other ele- entifically justified safety protections; and 2. HHS should allow for cord blood unit further consideration of H.R. 5566, and ment that occurs in animal crush vid- collection from routine deliveries without the Senate proceed to its immediate eos and which warrants a higher pun- temperature or humidity monitoring of de- consideration. ishment than simple obscenity is that

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7654 CONGRESSIONAL RECORD — SENATE September 28, 2010 it involves the intentional torture or (3) Each of the several States and the Dis- ‘‘(2) DISTRIBUTION OF ANIMAL CRUSH VID- pain to a living animal. Congress finds trict of Columbia criminalize intentional EOS.—It shall be unlawful for any person to this combination deplorable and wor- acts of extreme animal cruelty, such as the knowingly sell, market, advertise, exchange, thy of special punishment. That is why intentional crushing, burning, drowning, suf- or distribute an animal crush video in, or focating, or impaling of animals for no so- using a means or facility of, interstate or the maximum penalty is higher than cially redeeming purpose. foreign commerce, or to attempt or conspire general obscenity law. (4) There are certain extreme acts of ani- to do so. The United States also has a history mal cruelty that appeal to a specific sexual ‘‘(c) EXTRATERRITORIAL APPLICATION.—Sub- of prohibiting speech that is integral to fetish. These acts of extreme animal cruelty section (b) shall apply to the knowing sale, criminal conduct. The acts of animal are videotaped, and the resulting video tapes marketing, advertising, exchange, distribu- cruelty depicted in many animal crush are commonly referred to as ‘‘animal crush tion, or creation of an animal crush video videos violate State laws, but these videos’’. outside of the United States, or any attempt (5) The Supreme Court of the United States laws are hard to enforce. The acts of or conspiracy to do so, if— has long held that obscenity is an exception ‘‘(1) the person engaging in such conduct cruelty are often committed in a clan- to speech protected under the First Amend- intends or has reason to know that the ani- destine manner that allows the per- ment to the Constitution of the United mal crush video will be transported into the petrators to remain anonymous. The States. United States or its territories or posses- nature of the videos also makes it ex- (6) In the judgment of Congress, many ani- sions; or traordinarily difficult to establish the mal crush videos are obscene in the sense ‘‘(2) the animal crush video is transported jurisdiction necessary to prosecute the that the depictions, taken as a whole— into the United States or its territories or (A) appeal to the prurient interest in sex; possessions.’’ crimes. Given the severe difficulties (B) are patently offensive; and that State law enforcement agencies ‘‘(d) PENALTY.—Any person who violates (C) lack serious literary, artistic, political, subsection (b) shall be fined under this title, have encountered in attempting to in- or scientific value. imprisoned for not more than 7 years, or vestigate and prosecute the underlying (7) Serious criminal acts of extreme animal both. conduct, reaffirming Congress’s com- cruelty are integral to the creation, sale, dis- ‘‘(e) EXCEPTIONS.— mitment to closing the distribution tribution, advertising, marketing, and ex- ‘‘(1) IN GENERAL.—This section shall not network for obscene animal crush vid- change of animal crush videos. apply with regard to any visual depiction (8) The creation, sale, distribution, adver- of— eos is an effective means of combating tising, marketing, and exchange of animal the crimes of extreme animal cruelty ‘‘(A) customary and normal veterinary or crush videos is intrinsically related and inte- agricultural husbandry practices; that they depict. gral to creating an incentive for, directly I have long been a champion of first ‘‘(B) the slaughter of animals for food; or causing, and perpetuating demand for the se- ‘‘(C) hunting, trapping, or fishing. rious acts of extreme animal cruelty the vid- amendment rights. As the son of ‘‘(2) GOOD-FAITH DISTRIBUTION.—This sec- Vermont printers, I know firsthand eos depict. The primary reason for those tion shall not apply to the good-faith dis- that the freedom of speech is the cor- criminal acts is the creation, sale, distribu- tribution of an animal crush video to— tion, advertising, marketing, and exchange nerstone of our democracy. This is why ‘‘(A) a law enforcement agency; or of the animal crush video image. ‘‘(B) a third party for the sole purpose of I have worked hard to pass legislation (9) The serious acts of extreme animal cru- analysis to determine if referral to a law en- such as the SPEECH Act, which pro- elty necessary to make animal crush videos forcement agency is appropriate. tects American authors, journalists are committed in a clandestine manner ‘‘(f) NO PREEMPTION.—Nothing in this sec- and publishers from foreign libel law- that— tion shall be construed to preempt the law of (A) allows the perpetrators of such crimes suits that undermine the first amend- any State or local subdivision thereof to pro- to remain anonymous; ment. tect animals.’’. (B) makes it extraordinarily difficult to es- Today the Senate struck the right (b) CLERICAL AMENDMENT.—The item relat- balance between the first amendment tablish the jurisdiction within which the un- derlying criminal acts of extreme animal ing to section 48 in the table of sections for and the needs of law enforcement, cruelty occurred; and chapter 3 of title 18, United States Code, is while adhering to the separation of (C) often precludes proof that the criminal amended to read as follows: powers enshrined in our Constitution. I acts occurred within the statute of limita- ‘‘48. Animal crush videos.’’. commend the bipartisan coalition that tions. (c) SEVERABILITY.—If any provision of sec- worked hard, alongside the Humane (10) Each of the difficulties described in tion 48 of title 18, United States Code (as Society and first amendment experts, paragraph (9) seriously frustrates and im- amended by this section), or the application of the provision to any person or cir- to strike this balance, and I look for- pedes the ability of State authorities to en- force the criminal statutes prohibiting such cumstance, is held to be unconstitutional, ward to the time when obscene animal behavior. the provision and the application of the pro- crush videos no longer threaten animal SEC. 3. ANIMAL CRUSH VIDEOS. vision to other persons or circumstances welfare. (a) IN GENERAL.—Section 48 of title 18, shall not be affected thereby. Mr. DURBIN. Mr. President, I ask United States Code, is amended to read as The amendment was ordered to be unanimous consent the substitute at follows: engrossed and the bill read a third the desk be agreed to, the bill, as ‘‘§ 48. Animal crush videos time. amended, be read a third time and ‘‘(a) DEFINITION.—In this section the term The bill (H.R. 5566), as amended, was passed, the motion to reconsider be ‘animal crush video’ means any photograph, read the third time and passed. laid upon the table, and any state- motion-picture film, video or digital record- ments related to the measure be print- ing, or electronic image that— f ‘‘(1) depicts actual conduct in which 1 or ed in the RECORD. more living non-human mammals, birds, rep- ANTI-BORDER CORRUPTION ACT The PRESIDING OFFICER. Without tiles, or amphibians is intentionally crushed, OF 2010 objection, it is so ordered. burned, drowned, suffocated, impaled, or oth- Mr. DURBIN. Mr. President, I ask The amendment (No. 4668) was agreed erwise subjected to serious bodily injury (as unanimous consent the Senate proceed to, as follows: defined in section 1365 and including conduct to Calendar No. 619, S. 3243. (Purpose: In the nature of a substitute) that, if committed against a person and in the special maritime and territorial jurisdic- The PRESIDING OFFICER. The Strike all after the enacting clause and in- tion of the United States, would violate sec- clerk will report the bill by title. sert the following: tion 2241 or 2242); and The assistant legislative clerk read SECTION 1. SHORT TITLE. ‘‘(2) is obscene. as follows: This Act may be cited as the ‘‘Animal ‘‘(b) PROHIBITIONS.— A bill (S. 3243) to require U.S. Customs and Crush Video Prohibition Act of 2010’’. ‘‘(1) CREATION OF ANIMAL CRUSH VIDEOS.—It Border Protection to administer polygraph SEC. 2. FINDINGS. shall be unlawful for any person to know- examinations to all applicants for law en- The Congress finds the following: ingly create an animal crush video, or to at- forcement positions with U.S. Customs and (1) The United States has a long history of tempt or conspire to do so, if— Border Protection, to require U.S. Customs prohibiting the interstate sale, marketing, ‘‘(A) the person intends or has reason to and Border Protection to complete all peri- advertising, exchange, and distribution of know that the animal crush video will be dis- odic background reinvestigations of certain obscene material and speech that is integral tributed in, or using a means or facility of, law enforcement personnel, and for other to criminal conduct. interstate or foreign commerce; or purposes. (2) The Federal Government and the States ‘‘(B) the animal crush video is distributed have a compelling interest in preventing in- in, or using a means or facility of, interstate There being no objection, the Senate tentional acts of extreme animal cruelty. or foreign commerce. proceeded to consider the bill, which

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7655 had been reported from the Committee U.S. Customs and Border Protection, to re- payment by the Federal, State, or local on Homeland Security and Govern- quire U.S. Customs and Border Protection to agency.’’. mental Affairs, with an amendment. initiate all periodic background reinvestiga- (2) EFFECTIVE DATE.—The amendment [Omit the part in boldface brackets] tions of certain law enforcement personnel, made by this subsection shall apply with re- and for other purposes.’’. spect to checks issued after the date that is S. 3243 Mr. DURBIN. Mr. President, I ask 3 years after the date of enactment of this Be it enacted by the Senate and House of Rep- unanimous consent that the com- Act. resentatives of the United States of America in (b) PROHIBITION OF INMATE ACCESS TO SO- Congress assembled, mittee-reported amendment be agreed CIAL SECURITY ACCOUNT NUMBERS.— SECTION 1. SHORT TITLE. to, the bill, as amended, be read a third (1) IN GENERAL.—Section 205(c)(2)(C) of the This Act may be cited as the ‘‘Anti-Border time and passed, the committee-re- Social Security Act (42 U.S.C. 405(c)(2)(C)) Corruption Act of 2010’’. ported title amendment be agreed to, (as amended by subsection (a)) is amended by SEC. 2. FINDINGS. the motions to reconsider be laid upon adding at the end the following: Congress makes the following findings: the table, without intervening action ‘‘(xi) No Federal, State, or local agency (1) According to the Office of the Inspector or debate, and any statements related may employ, or enter into a contract for the General of the Department of Homeland Se- use or employment of, prisoners in any ca- to the measure be printed in the pacity that would allow such prisoners ac- curity, since 2003, 129 U.S. Customs and Bor- RECORD. der Protection officials have been arrested cess to the Social Security account numbers The PRESIDING OFFICER. Without of other individuals. For purposes of this on corruption charges and, during 2009, 576 objection, it is so ordered. investigations were opened on allegations of clause, the term ‘prisoner’ means an indi- improper conduct by U.S. Customs and Bor- The committee amendment was vidual confined in a jail, prison, or other der Protection officials. agreed to. penal institution or correctional facility (2) To foster integrity in the workplace, es- The bill (S. 3243) was ordered to be pursuant to such individual’s conviction of a tablished policy of U.S. Customs and Border engrossed for a third reading, was read criminal offense.’’. Protection calls for— the third time, and passed. (2) EFFECTIVE DATE.—The amendment (A) all job applicants for law enforcement made by this subsection shall apply with re- The title amendment was agreed to, spect to employment of prisoners, or entry positions at U.S. Customs and Border Pro- as follows: tection to receive a polygraph examination into contract with prisoners, after the date A bill to require U.S. Customs and Border and a background investigation before being that is 1 year after the date of enactment of Protection to administer polygraph exami- offered employment; and this Act. nations to all applicants for law enforcement (B) relevant employees to receive a peri- f positions with U.S. Customs and Border Pro- odic background reinvestigation every 5 tection, to require U.S. Customs and Border CLARIFYING AUTHORITY OF THE years. Protection to initiate all periodic back- (3) According to the Office of Internal Af- SECRETARY OF THE INTERIOR ground reinvestigations of certain law en- fairs of U.S. Customs and Border Protec- Mr. DURBIN. I ask unanimous con- forcement personnel, and for other purposes. tion— sent that the Energy Committee be dis- (A) in 2009, less than 15 percent of appli- f charged from H.R. 3940, and the Senate cants for jobs with U.S. Customs and Border SOCIAL SECURITY NUMBER then proceed to its immediate consid- Protection received polygraph examinations; PROTECTION ACT OF 2010 eration. (B) as of March 2010, U.S. Customs and Bor- der Protection had a backlog of approxi- Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. Without mately 10,000 periodic background reinves- unanimous consent that the Finance objection, it is so ordered. tigations of existing employees; and Committee be discharged from S. 3789 The clerk will report the bill by title. (C) without additional resources, by the and the Senate proceed to its imme- The assistant legislative clerk read end of fiscal year 2010, the backlog of peri- diate consideration. as follows: odic background reinvestigations will in- A bill (H.R. 3940) to amend Public Law 96– crease to approximately 19,000. The PRESIDING OFFICER. The clerk will report the bill by title. 597 to clarify the authority of the Secretary SEC. 3. REQUIREMENTS WITH RESPECT TO AD- The assistant legislative clerk read of the Interior to extend grants and other as- MINISTERING POLYGRAPH EXAMI- sistance to facilitate political status public NATIONS TO LAW ENFORCEMENT as follows: education programs for people of the non- PERSONNEL OF U.S. CUSTOMS AND A bill (S. 3789) to limit access to social se- BORDER PROTECTION. self-governing territories of the United curity account numbers. States. The Secretary of Homeland Security shall ensure that— There being no objection, the Senate There being no objection, the Senate (1) by not later than 2 years after the date proceeded to consider the bill. proceeded to consider the bill. of the enactment of this Act, all applicants Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I ask unanimous con- for law enforcement positions with U.S. Cus- unanimous consent that the bill be sent that the Bingaman substitute toms and Border Protection receive poly- read three times and passed, the mo- amendment, which is at the desk, be graph examinations before being hired for tion to reconsider be laid upon the considered and agreed to; the bill, as such a position; and table, with no intervening action or de- (2) by not later than 180 days after the date amended, be read three times, passed, of the enactment of this Act, U.S. Customs bate; and any statements relating to and the motion to reconsider be laid and Border Protection initiates øor com- the measure be printed in the RECORD. upon the table; that the title amend- pletes¿ all periodic background reinvestiga- The PRESIDING OFFICER. Without ment at the desk be considered and tions for all law enforcement personnel of objection, it is so ordered. agreed to; and that any statements re- U.S. Customs and Border Protection that The bill was ordered to be engrossed lating to the measure be printed in the should receive periodic background reinves- for a third reading, was read the third RECORD. tigations pursuant to relevant policies of time, and passed, as follows: The PRESIDING OFFICER. Without U.S. Customs and Border Protection in effect S. 3789 on the day before the date of the enactment objection, it is so ordered. of this Act. Be it enacted by the Senate and House of Rep- The amendment (No. 4669) was agreed SEC. 4. PROGRESS REPORT. resentatives of the United States of America in to, as follows: Not later than 180 days after the date of Congress assembled, (Purpose: In the nature of a substitute) the enactment of this Act, and every 180 days SECTION 1. SHORT TITLE. Strike all after the enacting clause and in- thereafter through the date that is 2 years This Act may be cited as the ‘‘Social Secu- sert the following: rity Number Protection Act of 2010’’. after such date of enactment, the Secretary SECTION 1. SENSE OF CONGRESS REGARDING of Homeland Security shall submit to the SEC. 2. SOCIAL SECURITY NUMBER PROTECTION. POLITICAL STATUS EDUCATION IN Committee on Homeland Security and Gov- (a) PROHIBITION OF USE OF SOCIAL SECURITY GUAM. ernmental Affairs of the Senate and the ACCOUNT NUMBERS ON CHECKS ISSUED FOR It is the sense of Congress that the Sec- Committee on Homeland Security of the PAYMENT BY GOVERNMENTAL AGENCIES.— retary of the Interior may provide technical House of Representatives a report on the (1) IN GENERAL.—Section 205(c)(2)(C) of the assistance to the Government of Guam under progress made by U.S. Customs and Border Social Security Act (42 U.S.C. 405(c)(2)(C)) is section 601(a) of the Act entitled ‘‘An Act to Protection toward complying with section 3. amended by adding at the end the following: authorize appropriations for certain insular Amend the title so as to read: ‘‘To require ‘‘(x) No Federal, State, or local agency areas of the United States, and for other pur- U.S. Customs and Border Protection to ad- may display the Social Security account poses’’, approved December 24, 1980 (48 U.S.C. minister polygraph examinations to all ap- number of any individual, or any derivative 1469d(a)), for public education regarding po- plicants for law enforcement positions with of such number, on any check issued for any litical status options only if the political

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7656 CONGRESSIONAL RECORD — SENATE September 28, 2010 status options are consistent with the Con- The bill (H.R. 1177) was ordered to be for retroactive benefits from traumatic stitution of the United States. read a third time, was read the third injury protection coverage under the SEC. 2. MINIMUM WAGE IN AMERICAN SAMOA time, and passed. Servicemembers’ Group Life Insurance AND THE COMMONWEALTH OF THE program, commonly referred to as NORTHERN MARIANA ISLANDS. f TSGLI. Section 1032 of Public Law 109– (a) DELAYED EFFECTIVE DATE.—Section VETERANS’ INSURANCE AND 8103(b) of the Fair Minimum Wage Act of 2007 13, the Emergency Supplemental Ap- HEALTH CARE IMPROVEMENTS propriations Act for Defense, the Glob- (29 U.S.C. 206 note) (as amended by section ACT 520 of division D of Public Law 111–117) is al War on Terror, and Tsunami Relief, amended— Mr. DURBIN. I ask unanimous con- 2005, established traumatic injury pro- (1) in paragraph (1)(B), by inserting ‘‘(ex- sent that the Veterans’ Affairs Com- tection under the SGLI program. cept 2011 when there shall be no increase)’’ mittee be discharged from further con- TSGLI went into effect on December 1, after ‘‘thereafter’’ the second place it ap- sideration of H.R. 3219, and the Senate 2005. Therefore, all insured service- pears; and proceed to its immediate consider- (2) in paragraph (2)(C), by striking ‘‘except members under SGLI from that point ation. forward are also insured under TSGLI that, beginning in 2010’’ and inserting ‘‘ex- The PRESIDING OFFICER. Without cept that there shall be no such increase in and their injuries are covered regard- 2010 or 2011 and, beginning in 2012’’. objection, it is so ordered. less of where they occur. In order to The clerk will report the bill by title. (b) GAO REPORT.—Section 8104 of such Act provide assistance to those service- The assistant legislative clerk read (as amended) is amended— members who suffered traumatic inju- as follows: (1) by striking subsections (a) and (b) and ries on or between October 7, 2001, and inserting the following: A bill (H.R. 3219) to amend title 38, United November 30, 2005, retroactive TSGLI ‘‘(a) REPORT.—The Government Account- States Code, to make certain improvements ability Office shall assess the impact of min- in the laws administered by the Secretary of payments were authorized under sec- imum wage increases that have occurred Veterans Affairs relating to insurance and tion 1032(c) of the Supplemental Appro- pursuant to section 8103, and not later than health care, and for other purposes. priations Act to individuals whose September 1, 2011, shall transmit to Congress There being no objection, the Senate qualifying losses were sustained ‘‘as a a report of its findings. The Government Ac- proceeded to consider the bill. direct result of injuries incurred in Op- countability Office shall submit subsequent Mr. AKAKA. Mr. President, I am eration Enduring Freedom or Oper- reports not later than April 1, 2013, and every pleased that the Senate is acting on ation Iraqi Freedom.’’ Under section 2 years thereafter until the minimum wage in the respective territory meets the federal H.R. 3219, the proposed ‘‘Veterans’ Ben- 501(b) of Public Law 109–233, the Vet- minimum wage.’’; and efits Act of 2010.’’ The bill, as it comes erans’ Housing Opportunity and Bene- (2) by redesignating subsection (c) as sub- before the Senate, is a compromise fits Improvement Act of 2006, this defi- section (b). agreement developed with our counter- nition was amended to allow retro- The amendment was ordered to be parts on the House Committee on Vet- active payments to individuals whose engrossed and the bill read a third erans’ Affairs. I thank Chairman FIL- qualifying losses were sustained ‘‘as a time. NER and Ranking Member BUYER of the direct result of a traumatic injury in- The bill (H.R. 3940), as amended, was House Committee for their cooperation curred in the theater of operations for read the third time and passed. on this legislation. I also thank my Operation Enduring Freedom and Oper- The amendment (No. 4670) was agreed good friend, the committee’s ranking ation Iraqi Freedom.’’ to, as follows: member, Senator BURR, for his co- However, without corrective action, Amend the title so as to read: ‘‘To clarify operation as we have developed this men and women who were traumati- the availability of existing funds for polit- bill. A full explanation of the Senate cally injured on or between October 7, ical status education in the Territory of and House negotiated agreement can be 2001, and November 30, 2005, but were Guam, and for other purposes.’’. found in the Joint Explanatory State- not in the OIF or OEF theaters of oper- f ment, which I will ask be printed in the ation, will continue to be denied the RECORD at the conclusion of my re- same retroactive payment given to FIVE-STAR GENERALS marks. their wounded comrades. This legisla- COMMEMORATIVE COIN ACT The amended bill, which I will refer tion would correct that inequity. Mr. DURBIN. I ask unanimous con- to as the ‘‘compromise agreement,’’ This bill also modifies programs that sent that the Committee on Banking, contains ten titles that are designed to provide adaptive assistance to vet- Housing, and Urban Affairs be dis- enhance compensation, housing, labor erans. It would increase and provide an charged from further consideration of and education, burial, and insurance index for an existing VA grant pro- H.R. 1177, and the Senate proceed to its benefits for veterans. I will highlight a gram, which provides funds to assist immediate consideration. few of the provisions. severely disabled veterans in pur- The PRESIDING OFFICER. Without The compromise agreement would chasing automobiles or other convey- objection, it is so ordered. make several important improvements ances that can accommodate their dis- The clerk will report the bill by title. in insurance programs for disabled vet- abilities. The increase to $18,900 would The assistant legislative clerk read erans. It would increase the maximum help prevent erosion of the value and as follows: amount of veterans’ mortgage life in- effectiveness of this benefit. A bill (H.R. 1177) to require the Secretary surance that a service-connected dis- Another provision included in this of the Treasury to mint coins in recognition abled veteran may purchase from the bill would expand this grant program of 5 United States Army 5-Star Generals, current maximum of $90,000 up to to provide automobile and adaptive George Marshall, Douglas MacArthur, $200,000. In the event of the veteran’s equipment assistance to disabled vet- Dwight Eisenhower, Henry ‘‘Hap’’ Arnold, erans and servicemembers with severe and Omar Bradley, alumni of the United death, the veteran’s family would be States Army Command and General Staff protected because VA will pay the bal- burn injuries. Due to the severe dam- College, Fort Leavenworth, Kansas, to coin- ance of the mortgage owed up to the age done to their skin, individuals with cide with the celebration of the 132nd Anni- maximum amount of insurance pur- these disabilities experience difficulty versary of the founding of the United States chased. The need for this increase is operating a standard automobile not Army Command and General Staff College, obvious in today’s housing market. equipped to accommodate their disabil- and so forth. In addition, this legislation would in- ities. This legislation would help them There being no objection, the Senate crease the amount of supplemental life obtain vehicles with special adapta- proceeded to consider the bill. insurance available to totally disabled tions for assistance in and out of the Mr. DURBIN. I ask unanimous con- veterans from $20,000 to $30,000. Many vehicle, seat comfort, and climate con- sent that the bill be read a third time totally disabled veterans find it dif- trol. and passed, the motion to reconsider be ficult to obtain commercial life insur- Another key part of this legislation laid upon the table, and any state- ance. This legislation would provide is a provision to help homeless women ments relating to the measure be print- these veterans with a reasonable veterans and homeless veterans with ed in the RECORD. amount of life insurance coverage. children. The majority of programs and The PRESIDING OFFICER. Without This benefits package also includes a service providers currently available to objection, it is so ordered. provision that will expand eligibility homeless veterans have historically

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7657 been designed to assist male veterans. passed the House on July 27, 2009; H.R. 3949, House Bill However, due to the increasing number as amended, passed the House on November Section 102 of H.R. 3949, as amended, would of women serving in the Armed Forces, 3, 2009. H.R. 4592 passed the House on March reauthorize the Advisory Committee until more than 5 percent of veterans re- 23, 2010. H.R. 1037, as amended, passed the December 31, 2015. Senate on October 7, 2009. Compromise Agreement questing assistance from VA and com- The Committees have prepared the fol- Section 102 of the Compromise Agreement munity-based homeless veteran service lowing explanation of H.R. 3219, as amended, providers are women. More than 10 per- would extend the Veterans’ Advisory Com- to reflect a Compromise Agreement between mittee on Education until December 31, 2013. cent of these women have dependent the Committees. Differences between the children. In addition, there are reports provisions contained in the Compromise 18-MONTH PERIOD FOR TRAINING OF NEW DIS- ABLED VETERANS’ OUTREACH PROGRAM SPE- of a significant number of male home- Agreement and the related provisions of the House Bills and the Senate Bills are noted in CIALISTS AND LOCAL VETERANS’ EMPLOY- less veterans who have dependent chil- MENT REPRESENTATIVES BY NATIONAL VET- dren as well. To meet these changing this document, except for clerical correc- tions, conforming changes made necessary ERANS’ EMPLOYMENT AND TRAINING SERV- needs of our Nation’s veterans and cor- by the Compromise Agreement, and minor ICES INSTITUTE rect this inequity, this bill will estab- drafting, technical, and clarifying changes. Current Law lish a grant program for the reintegra- TITLE I—EMPLOYMENT, SMALL Section 4102A(c)(8) of title 38, U.S.C., re- tion of homeless women veterans and BUSINESS, AND EDUCATION MATTERS quires that, as a condition of receiving grants under the Disabled Veterans’ Out- homeless veterans with children into EXTENSION AND EXPANSION OF AUTHORITY FOR reach Program (DVOP) and the Local Vet- the labor force. CERTAIN QUALIFYING WORK-STUDY ACTIVI- erans’ Employment Representatives (LVER) This bill would also increase to 2,700 TIES FOR PURPOSES OF THE EDUCATIONAL program authorities, States are generally re- the number of veterans who are au- ASSISTANCE PROGRAMS OF THE DEPARTMENT quired to have each DVOP and LVER com- OF VETERANS AFFAIRS thorized to enroll annually in a pro- plete a program of training through the Na- gram of independent living services. Current Law tional Veterans’ Employment and Training This important program is designed to Section 3485 of title 38, United States Code Services Institute within three years of be- meet the needs of the most severely (U.S.C.), permits certain students enrolled in ginning employment. service-connected disabled veterans a program of education to participate in Senate Bill and more of those returning from com- work-study programs. Approved work-study The Senate Bills contain no comparable bat have suffered the kind of dev- activities are generally activities relating to provision. processing documents or providing services House Bill astating injuries that may make em- at Department of Veterans Affairs (VA) fa- ployment not reasonably feasible for cilities. However, until June 30, 2010, ap- H.R. 1088 would require that DVOPs and extended periods of time. proved activities also included outreach LVERs assigned to perform those duties on This is not a comprehensive recita- services provided by State approving agen- or after the date of enactment complete tion of all the provisions within this cies, care to veterans in State homes, and ac- training within one year of being so assigned legislation. However, I hope that I have tivities related to the administration of na- and that DVOPs and LVERs hired on or after tional or State veterans’ cemeteries. January 1, 2006, also complete training with- provided an appropriate overview of in one year of the date of enactment. Senate Bill the major benefits this legislation Compromise Agreement The Senate Bills contain no comparable would provide for America’s veterans Section 103 of the Compromise Agreement provision. and servicemembers. I urge our col- would require that DVOPs and LVERs hired leagues to support this important leg- House Bill on or after the date of enactment complete islation that would benefit many of H.R. 1037, as amended, would require VA to training within 18 months of employment this Nation’s more than 23 million vet- conduct a five-year pilot program to expand and that any previously-hired DVOPs and erans and their families. I also urge the work-study opportunities by adding to the LVERs who were hired on or after January 1, list of approved activities positions in aca- House of Representatives to work on 2006, also complete training within 18 demic departments (including positions as months of the date of enactment. this matter expeditiously so that this tutors or research, teaching, and lab assist- CLARIFICATION OF RESPONSIBILITY OF SEC- may be sent to the President for his ants) and in student services (including posi- RETARY OF VETERANS AFFAIRS TO VERIFY signature. tions in career centers and financial aid, SMALL BUSINESS OWNERSHIP Mr. President, I ask unanimous con- campus orientation, cashiers, admissions, Current Law records, and registration offices). sent that the Joint Explanatory State- Public Law 109–461 (120 Stat. 3403), the Vet- ment, which was developed with our Compromise Agreement erans Benefits, Health Care, and Information colleagues in the House, be printed in Section 101 of the Compromise Agreement Technology Act of 2006, requires VA to main- the RECORD. would extend the authority from June 30, tain the VetBiz Vendor Information Page There being no objection, the mate- 2010, to June 30, 2013, during which qualifying (VIP) database containing Veteran Owned rial was ordered to be printed in the work-study activities may include assisting Small Businesses (VOSB) and Service-Dis- RECORD, as follows: with outreach services to servicemembers abled Veteran Owned Small Businesses and veterans furnished by employees of (SDVOSB). This law also requires VA to JOINT EXPLANATORY STATEMENT FOR H.R. State approving agencies, provision of care verify that registered firms meet the eligi- 3219, AS AMENDED to veterans in State homes, and activities re- bility requirements to be classified as VOSBs H.R. 3219, as amended, the Veterans’ Bene- lated to administration of a national ceme- or SDVOSBs to be included in the database. fits Act of 2010, reflects a Compromise Agree- tery or State veterans’ cemetery. In addi- Senate Bill ment reached by the House and Senate Com- tion, effective October 1, 2011, it would add to mittees on Veterans’ Affairs (the Commit- The Senate Bills contain no comparable the list of qualifying work-study activities provision. tees) on the following bills reported during the following: the 111th Congress: H.R. 174; H.R. 466, as Activities of State veterans agencies help- House Bill amended; H.R. 1037, as amended; H.R. 1088; ing veterans obtain any benefit under laws Section 101 of H.R. 3949, as amended, would H.R. 1089, as amended; H.R. 1168, as amended; administered by VA or States; require VA to verify small business concerns H.R. 1170, as amended; H.R. 1171, as amended; Positions at Centers of Excellence for Vet- prior to being listed in the VIP database. H.R. 1172, as amended; H.R. 2180; H.R. 3219, as eran Student Success; Compromise Agreement amended; H.R. 3949, as amended; H.R. 4592, as Positions working in programs run jointly Section 104 of the Compromise Agreement amended (House Bills); and S. 728, as amend- by VA and an institution of higher learning; follows the House Bill. ed; S. 1237, as reported; and S. 3609 (Senate and DEMONSTRATION PROJECT FOR REFERRAL OF Bills). Any other veterans-related position in an USERRA CLAIMS AGAINST FEDERAL AGEN- H.R. 174 passed the House on November 2, institution of higher learning. CIES TO THE OFFICE OF SPECIAL COUNSEL 2009; H.R. 466, as amended, passed the House REAUTHORIZATION OF VETERANS’ ADVISORY Current Law on June 8, 2009; H.R. 1037, as amended, passed COMMITTEE ON EDUCATION the House on July 14, 2009; H.R. 1088 passed Under chapter 43 of title 38, U.S.C., the De- Current Law the House on May 19, 2009; H.R. 1089, as partment of Labor has responsibility for re- amended, passed the House on May 19, 2009; Section 3692 of title 38 provides for the for- ceiving, investigating, and attempting to re- H.R. 1168, as amended, passed the House on mation of a Veterans’ Advisory Committee solve all claims filed under the Uniformed November 2, 2009; H.R. 1170, as amended, on Education. The authority for this Com- Services Employment and Reemployment passed the House on May 19, 2009; H.R. 1171, mittee expired on December 31, 2009. Rights Act (USERRA). as amended, passed the House on March 30, Senate Bill Senate Bill 2009; H.R. 1172, as amended, passed the House The Senate Bills contain no comparable The Senate Bills contain no comparable on June 23, 2009; H.R. 3219, as amended, provision. provision.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7658 CONGRESSIONAL RECORD — SENATE September 28, 2010

House Bill Secretary of Labor. This section would out- HOMELESS WOMEN VETERANS AND HOMELESS H.R. 1089, as amended, would provide the line requirements employers must meet to VETERANS WITH CHILDREN REINTEGRATION U.S. Office of Special Counsel with initial ju- receive funds from a State and would pro- GRANT PROGRAM risdiction to investigate and prosecute all hibit the use of funds for non-eligible vet- Current Law USERRA complaints involving Federal exec- erans or eligible veterans whose employment Currently, under section 2021 of title 38, utive agencies and provide authority for in- is funded through any other governmental U.S.C., the Secretary of Labor is required to dividuals to file complaints with the U.S. Of- program. A report to Congress would be re- conduct, directly or through grant or con- fice of Special Counsel. It would clarify that quired to be submitted by the Secretary. The tract, the HVRP. Through HVRP, the Sec- the U.S. Office of Special Counsel has the administrative costs of the Secretary would retary selects programs that are appropriate same authority as the U.S. Department of be limited to 2 percent of the appropriations to provide job training, counseling, and Labor to conduct investigations and issue for this program and the Secretary of Labor placement services (including job readiness, subpoenas when investigating USERRA com- would be permitted to determine the max- literacy and skills training) to expedite the plaints. imum amounts of each grant that may be reintegration of homeless veterans into the Compromise Agreement used for administration and reporting costs. labor force. HVRP is administered through Section 106 of the Compromise Agreement Section 105 of the Compromise Agreement the Assistant Secretary of Labor for Vet- would authorize $1.5 million for the grant would require the Secretary of Labor and the erans’ Employment and Training (VETS). program for each of fiscal years 2012 through Office of Special Counsel to carry out a 36- 2014. Senate Bill month demonstration project to start no Section 102 of S. 1237, as reported, would PAT TILLMAN VETERANS’ SCHOLARSHIP later than 60 days after the Comptroller Gen- amend Subchapter III of chapter 20 of title INITIATIVE eral submits a report assessing the proposed 38, U.S.C., by adding a new section 2021A, en- methods and procedures for the demonstra- Current Law titled ‘‘Grant program for reintegration of tion project; under the demonstration There is no relevant provision in current homeless women veterans and homeless vet- project, certain USERRA claims against law. erans with children.’’ This grant program Federal executive agencies would be received would differ from the current HVRP grants Senate Bill by or referred to the Office of Special Coun- in that it would be strictly a grant program sel. It would also allow the Office of Special The Senate Bills contain no comparable and would focus specifically on providing Counsel to receive and investigate certain provision. services that will assist in the reintegration claims under USERRA and related prohib- House Bill into the labor force of homeless women vet- ited personnel practice claims. Finally, the erans and homeless veterans with children. H.R. 1172, as amended, would require VA to Compromise Agreement would establish gen- Like the current HVRP grants, services provide and maintain on its website by June eral guidelines for administration of the under this new grant program would include 1, 2010, information regarding scholarships demonstration project; would require the De- job training, counseling, and job placement that are available to veterans and family partment of Labor and the Office of Special services, including job readiness, literacy, members of deceased veterans. Information Counsel to jointly establish methods and and skills training. Importantly, it would to be provided on the website would include procedures to be used during the demonstra- also include child care services to serve more a list of organizations offering scholarships tion project and submit to Congress a report effectively the target population. describing those methods and procedures; and a link to their websites. VA would also House Bill would require the Comptroller General to be required to notify schools and other orga- submit to Congress a report assessing those nizations of the opportunity to be listed on Section 3 of H.R. 1171, as amended, would methods and procedures; and would require the website. amend title 38, U.S.C., adding a new section the Comptroller General to submit to Con- Compromise Agreement 2021A, entitled ‘‘Homeless women veterans gress reports on the demonstration project. and homeless veterans with children re- Section 107 of the Compromise Agreement integration grant program.’’ That bill would VETERANS ENERGY-RELATED EMPLOYMENT follows the House Bill but requires the VA, direct the Secretary of Labor to carry out a PROGRAM by June 1, 2011, to make available on its grant program to provide reintegration serv- Current Law website a list of organizations that provide ices through programs and facilities that Current law contains no relevant provi- scholarships to veterans and their survivors. emphasize services for homeless women vet- sion. VA would be required to make reasonable ef- erans and homeless veterans with children. forts to notify schools and other organiza- Senate Bill Compromise Agreement tions of the opportunity to be listed on the The Senate Bills contain no comparable website. Section 202 of the Compromise Agreement provision. generally follows the House Bill. However, House Bill TITLE II—HOUSING AND HOMELESSNESS the authorization of appropriations to carry MATTERS H.R. 4592, as amended, would create a Vet- out this program is $1 million for fiscal years erans Energy-Related Employment Program REAUTHORIZATION OF APPROPRIATIONS FOR 2011 to 2015. pilot program, which would award competi- HOMELESS VETERANS REINTEGRATION PRO- SPECIALLY ADAPTED HOUSING ASSISTIVE tive grants to three States for the establish- GRAM TECHNOLOGY GRANT PROGRAM ment of a program that would reimburse en- Current Law Current Law ergy employers for the cost of providing on- The Homeless Veterans Reintegration Pro- There is no current provision in title 38, the-job training for veterans in the energy gram (HVRP) was initially enacted in 1987 as U.S.C., authorizing grants to develop assist- sector. The reimbursements would go to em- part of Public Law 100–77, the Stewart B. ive technology for specially adapted housing. ployers or labor-management organizations. McKinney Homeless Assistance Act, to ex- The Specially Adapted Housing (SAH) pro- Each participating State would be required pand services beyond food and shelter to gram was established in 1948 by Public Law to provide evidence that it can produce such homeless veterans. Public Law 107–95, the 80–702, an act to authorize assistance to cer- training to serve a population of eligible vet- Homeless Veterans Comprehensive Assist- tain veterans in acquiring specially adapted erans, has a diverse energy industry, and the ance Act of 2001, directed the Secretary of housing which they require by reason of ability to carry out such a program, as well Labor to provide homeless veterans with job their service-connected disabilities. The SAH as certify that participating veterans would training, counseling, and placement services program provides grants to certain quali- be hired at a wage rate consistent with the as part of a holistic approach to reinte- fying service-connected disabled veterans to standard industry average for jobs that are grating homeless veterans back into society. assist them in acquiring suitable housing. technically involved and have a skill-set The authorization of appropriations to carry Senate Bill that is not transferable to other non-energy out this program expired at the end of fiscal The Senate Bills contain no comparable industries. It would authorize appropriations year 2009. of $10 million a year for five years, beginning provisions. in 2011 through 2015. Senate Bill House Bill Compromise Agreement The Senate Bills contain no comparable H.R. 1170, as amended, would authorize a Section 106 of the Compromise Agreement provision. five-year pilot program to promote research would establish a pilot competitive grant House Bill and development of adaptive technologies program (Veterans Energy-Related Employ- Section 2 of H.R. 1171, as amended, would that would be applicable to the SAH pro- ment Program) as part of the Veterans reauthorize, through fiscal year 2014, the De- gram. It would also provide that VA retain a Workforce Investment Program for up to partment of Labor’s HVRP. 30 percent interest in any patent approved as three States to provide grants to energy em- a result of funding through this grant pro- ployers that train veterans in skills par- Compromise Agreement gram. The bill would further require that VA ticular to the energy industry. States would Section 201 of the Compromise Agreement retain any investment returns from these need to repay funds not used for the purposes follows the House Bill, except that it would patents to assist in funding grants, during outlined for this pilot program and submit reauthorize the HVRP through fiscal year the duration of this program. It would au- reports on the use of the grant funds to the 2011. thorize $2 million per year for purposes of

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7659 this grant program; those amounts would be House Bill TITLE IV—INSURANCE MATTERS derived from amounts appropriated for VA Section 201 of H.R. 3949 would amend sec- INCREASE IN AMOUNT OF SUPPLEMENTAL Medical Services. tion 305A of the SCRA to allow a service- INSURANCE FOR TOTALLY DISABLED VETERANS Compromise Agreement member to terminate certain service con- Current Law Section 203 of the Compromise Agreement tracts if the servicemember has received Section 1922A of title allows eligible to- generally follows the House Bill. However, military orders to deploy for a period of not tally disabled veterans to receive a max- under the Compromise Agreement, the Sec- less than 90 days or for a change of duty sta- imum of $20,000 in Service-Disabled Vet- retary would not retain any patent rights to tion to a location that does not support such erans’ Insurance (S–DVI) supplemental life the technology developed by any grant re- service. Furthermore, if the terminated con- insurance coverage. cipient, the funding amount would be re- tract was for cellular or telephone exchange Senate Bill duced from $2 million to $1 million per fiscal services, it would allow a servicemember to Section 101 of H.R. 1037, as amended, would year to carry out this program, and the fund- keep the phone number to the extent prac- amend section 1922A(a) of title 38, U.S.C., to ing would now come from amounts appro- ticable and in accordance with applicable increase the amount of life insurance avail- priated to VA for readjustment benefits, not law. Covered contracts would include cel- able to totally disabled veterans by allowing Medical Services. The effective date of the lular telephone service (including family them to purchase an additional $10,000 in five-year pilot program would be October 1, plans with the servicemember), telephone ex- supplemental insurance coverage. This 2011. change service, multi-channel video pro- would raise the maximum amount of S–DVI WAIVER OF HOUSING LOAN FEE FOR CERTAIN gramming service and internet service, as supplemental coverage to $30,000. VETERANS WITH SERVICE-CONNECTED DIS- well as home water, electricity, home heat- ABILITIES CALLED TO ACTIVE SERVICE ing oil and natural gas services. House Bill Current Law Servicemembers would be required to deliver The House Bills contain no comparable Current law, section 3729(c)(1) of title 38, a written notice of termination of the serv- provision. U.S.C., states that a loan fee, normally col- ice contract and the military orders to the Compromise Agreement lected from each person obtaining a housing service provider by hand delivery, private Section 401 of the Compromise Agreement loan guaranteed, insured or made under carrier, fax, or U.S. Postal Service with re- follows the Senate Bill, except that the pro- chapter 37, will be waived for a veteran who turn receipt requested and sufficient post- vision would take effect on October 1, 2011. age. A service provider would be prohibited is receiving compensation, or who, but for PERMANENT EXTENSION OF DURATION OF from imposing an early termination charge, the receipt of retirement pay, would be enti- SERVICEMEMBERS’ GROUP LIFE INSURANCE but could collect appropriate tax, obligation tled to receive compensation. COVERAGE FOR TOTALLY DISABLED VET- or liability under the contract. Senate Bill ERANS The Senate Bills contain no comparable Compromise Agreement Current Law provision. Section 302 of the Compromise Agreement VA offers a variety of life insurance op- House Bill would allow a servicemember to terminate a tions for servicemembers, veterans, and their H.R. 2180 would waive housing loan fees for contract for cellular telephone or telephone families. Among these is the Servicemem- certain veterans with service-connected dis- exchange service at any time after receiving bers’ Group Life Insurance (SGLI) program, abilities called back to active service. notice of military orders to relocate for a pe- which offers low-cost group life insurance for Compromise Agreement riod of 90 days or more to a location that servicemembers on active duty, Ready Re- does not support the contract. It would fur- Section 204 of the Compromise Agreement servists, members of the National Guard, ther require the telephone number of an indi- follows the House Bill. members of the Commissioned Corps of the vidual who terminated a contract to be kept National Oceanic and Atmospheric Adminis- TITLE III—SERVICEMEMBERS CIVIL available for a period of not to exceed three tration and the Public Health Service, cadets RELIEF ACT MATTERS years if the servicemember re-subscribes to and midshipmen of the four service acad- RESIDENTIAL AND MOTOR VEHICLE LEASES the service within 90 days of the last day of emies, and members of the Reserve Officer Current Law relocation. Finally, section 302 of the Com- Training Corps. SGLI coverage is available Section 305 of the Servicemembers Civil promise Agreement would permit certain in $50,000 increments up to the maximum of Relief Act (SCRA) permits the cancellation family plan contracts for cellular telephone $400,000. of motor vehicle leases and prohibits early service entered into by a family member of a Public Law 93–289, the Veterans’ Insurance termination penalties. It also permits can- servicemember to be terminated. Act of 1974, established a new program of cellation of residential leases, but it does not ENFORCEMENT BY THE ATTORNEY GENERAL post-separation insurance known as Vet- provide protection from early termination AND BY PRIVATE RIGHT OF ACTION erans’ Group Life Insurance (VGLI). VGLI fees. Current Law provides for the post-service conversion of Senate Bill SGLI to a renewable term policy of insur- Current law contains no relevant provi- The Senate Bills contain no comparable ance. Persons eligible for full-time coverage sion. provision. include former servicemembers who were in- House Bill Senate Bill sured full-time under SGLI and who were re- leased from active duty or the Reserves, Section 202 of H.R. 3949 would amend sub- The Senate Bills contain no comparable Ready Reservists who have part-time SGLI section (e) of section 305 of SCRA to revise provision. coverage and who incur certain disabilities provisions concerning arrearages and other House Bill obligations to prohibit a lessor from charg- during periods of active or inactive duty Section 203 of H.R. 3949 would amend the training, and members of the Individual ing an early termination charge with respect SCRA to add a new title, Title VIII—Civil Li- to a residential, professional, business, or ag- Ready Reserve and Inactive National Guard. ability, which would authorize the U.S. At- VGLI coverage is issued in multiples of ricultural rental lease entered into by a per- torney General to bring a civil action in U.S. son who subsequently enters military serv- $10,000 up to a maximum of $400,000. district court to enforce provisions of the Under current law, VGLI applications for ice, or for a servicemember who has received SCRA. It would also authorize the court to coverage must occur within one year and 120 orders for permanent change of station or for grant appropriate relief to include monetary deployment in support of a military oper- days from discharge. However, servicemem- damages. The court would be authorized in bers who are totally disabled at the time of ation. It would provide that unpaid lease certain circumstances to impose a civil pen- charges shall be paid by the lessee. discharge may have a longer period within alty that, for the first violation, will not ex- which to convert their SGLI coverage to Compromise Agreement ceed $55,000 and, for any subsequent viola- VGLI. Public Law 109–233, the Veterans’ Section 301 of the Compromise Agreement tion, will not exceed $110,000. It would pro- Housing Opportunity and Benefits Improve- follows the House bill. vide intervenor rights to aggrieved persons ment Act of 2006, authorized VA to extend TERMINATION OF TELEPHONE SERVICE for a civil action that has already been start- from one to two years, after separation from CONTRACTS ed. In addition, it would clarify that a person active duty service, the period within which Current Law has a private right of action to file a civil ac- totally disabled members may receive pre- Section 305A of SCRA permits certain tion for violations under the SCRA and that mium free SGLI coverage and convert their servicemembers the option to request a ter- the court may award costs and attorney fees coverage to a policy under the VGLI pro- mination or suspension of their cellular to a servicemember who prevails. Finally, it gram after separation from active duty serv- phone contracts if they are deployed outside would provide that the rights granted under ice. However, Public Law 109–233 mandated of the continental United States for a period sections 801 or 802 will not limit or exclude that on or after October 1, 2011, this two-year of not less than 90 days or have a permanent any other rights that may also be available time period would be shortened to 18 months. change of duty station within the United under Federal or state law. Senate Bill States. Compromise Agreement Section 101 of S. 3765 would amend section Senate Bill Section 303 of the Compromise Agreement 1968(a) of title 38, U.S.C., to eliminate the ex- The Senate Bills contain no comparable generally follows the House bill with some piration date for a potential two-year exten- provision. technical changes. sion of SGLI coverage available to

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7660 CONGRESSIONAL RECORD — SENATE September 28, 2010

servicemembers who are totally disabled ELIMINATION OF REDUCTION IN AMOUNT OF AC- maximum amount would then increase from when they separate from service. CELERATED DEATH BENEFIT FOR TERMI- $150,000 to $200,000 on January 1, 2012. House Bill NALLY ILL PERSONS INSURED UNDER House Bill SERVICEMEMBERS’ GROUP LIFE INSURANCE Section 101 of H.R. 3219, as amended, would The House Bills contain no comparable AND VETERANS’ GROUP LIFE INSURANCE amend section 1968(a) of title 38, U.S.C., to provision. Current Law eliminate the expiration date for a potential Compromise Agreement two-year extension of SGLI coverage avail- The current SGLI/VGLI Accelerated Bene- Section 407 of the Compromise Agreement able to servicemembers who are totally dis- fits Option (ABO) requires VA to discount or follows the Senate Bill, except that the pro- abled when they separate from service. reduce the payout available under both the vision would take effect on October 1, 2011. Compromise Agreement SGLI and VGLI programs for terminally ill EXPANSION OF INDIVIDUALS QUALIFYING FOR Section 402 of the Compromise Agreement servicemembers and veterans who exercise RETROACTIVE BENEFITS FROM TRAUMATIC follows the language in both bills. the option to use up to half of their policy. Currently, VA discounts this payment by an INJURY PROTECTION COVERAGE UNDER ADJUSTMENT OF COVERAGE OF DEPENDENTS amount commensurate to the interest rate SERVICEMEMBERS’ GROUP LIFE INSURANCE UNDER SERVICEMEMBERS’ GROUP LIFE IN- earned by the program on its investment in Current Law SURANCE effect at the time that a servicemember or Current Law Under current law, TSGLI provides cov- veteran applies for the benefits, thereby erage against qualifying losses incurred as a Under current law, insurable dependents of often significantly reducing the amount of result of a traumatic injury. In the event of servicemembers on active duty, or Ready Re- the ABO payment. a loss, VA will pay between $25,000 and servists who are totally disabled on the date Senate Bill $100,000 depending on the severity of the of separation or release from service or as- qualifying loss. TSGLI went into effect on signment, are authorized to continue receiv- The Senate Bills contain no comparable December 1, 2005. In order to provide assist- ing insurance coverage long after the provision. ance to those servicemembers suffering trau- servicemembers’ separation or release from House Bill matic injuries on or before October 7, 2001, service. Servicemembers on active duty are Section 103 of H.R. 3219, as amended, would and November 30, 2005, retroactive TSGLI potentially eligible for continued coverage amend section 1980(b)(1) of title 38, U.S.C., by payments were authorized under section for up to 2 years after the date of separation eliminating the requirement that the lump 1032(c) of Public Law 109–13, the Emergency or release from service; Ready Reservists are sum accelerated payment be ‘‘reduced by an Supplemental Appropriations Act for De- potentially eligible for an additional 1 year amount necessary to assure that there is no fense, the Global War on Terror, and Tsu- of coverage after separation or release from increase in the actuarial value of the benefit nami Relief, 2005, to individuals whose quali- an assignment. Thereafter, the insurable de- paid, as determined by the Secretary.’’ fying losses were sustained as ‘‘a direct re- pendents of covered servicemembers on ac- Compromise Agreement sult of injuries incurred in Operation Endur- tive duty are also potentially eligible for ing Freedom or Operation Iraqi Freedom.’’ continued coverage for up to 2 years after Section 405 of the Compromise Agreement Under section 501(b) of Public Law 109–233, the date of separation or release from service follows the House Bill. the Veterans’ Housing Opportunity Benefits or, in the case of an insurable dependent of CONSIDERATION OF LOSS OF DOMINANT HAND IN Improvement Act of 2006, this definition was a Ready Reservist, up to 1 year after the date PRESCRIPTION OF SCHEDULE OF SEVERITY OF amended to allow retroactive payments to of separation or release from an assignment. TRAUMATIC INJURY UNDER individuals whose qualifying losses were sus- SERVICEMEMBERS’ GROUP LIFE INSURANCE Senate Bill tained as a ‘‘direct result of a traumatic in- Section 102 of H.R. 1037, as amended, would Current Law jury incurred in the theater of operations for amend section 1968(a)(5)(B)(ii) of title 38, Under current law, traumatic injury pro- Operation Enduring Freedom and Operation U.S.C., so that no insurable dependent, not tection under Servicemembers’ Group Life Iraqi Freedom.’’ Men and women who were even those of servicemembers who remain Insurance (TSGLI) provides for payment to traumatically injured on or between October covered for up to 1 or 2 years after service or servicemembers who suffer a qualifying loss 7, 2001, and November 30, 2005, but were not assignment, could remain covered under as a result of a traumatic injury event. In in the Operation Iraqi Freedom or Operation SGLI for more than 120 days after the the event of a qualifying loss, VA will pay Enduring Freedom theaters of operation are servicemember’s separation or release from between $25,000 and $100,000, depending on the not eligible for retroactive payments. service or assignment. severity of the qualifying loss. In prescribing Senate Bill House Bill payments, VA does not account for the ef- fect, if any, that the loss of a dominant hand Section 103 of H.R. 1037, as amended, would The House Bills contain no comparable has on lengthening hospitalization or reha- amend section 501(b) of Public Law 109–233 so provision. bilitation periods. as to remove the requirement that limits Compromise Agreement retroactive TSGLI payments to those who Senate Bill Section 403 of the Compromise Agreement served in the Operation Iraqi Freedom (OIF) follows the Senate Bill. Section 104 of H.R. 1037, as amended, would or Operation Enduring Freedom (OEF) thea- amend section 1980A(d) of title 38, U.S.C., to ters of operation. Thus, this section of the OPPORTUNITY TO INCREASE AMOUNT OF authorize VA to distinguish in specifying Compromise Agreement would authorize ret- VETERANS’ GROUP LIFE INSURANCE payments for qualifying losses of a dominant roactive TSGLI payments for qualifying Current Law hand and a non-dominant hand. traumatic injuries incurred on or after Octo- Section 1977(a)(1) of title 38, U.S.C., limits House Bill ber 7, 2001, but before December 1, 2005, irre- the amount of VGLI coverage a veteran may The House Bills contain no comparable spective of where the injuries occurred. carry to the amount of SGLI coverage that provision. House Bill continued in force after that veteran was separated from service. Compromise Agreement The House Bills contain no comparable provision. Senate Bill Section 406 of the Compromise Agreement Compromise Agreement Section 102 of S. 3765 would amend section follows the Senate Bill except that the provi- 1977(a) of title 38, U.S.C., to allow VGLI par- sion would take effect on October 30, 2011. Section 408 of the Compromise Agreement ticipants who are under the age of 60 and in- ENHANCEMENT OF VETERANS’ MORTGAGE LIFE follows the Senate Bill, except that the pro- sured for less than the current maximum au- INSURANCE vision would take effect on October 1, 2011. thorized for SGLI the opportunity to obtain, Current Law TITLE V—BURIAL AND CEMETERY without a health care examination, an addi- Under current law, service-connected dis- MATTERS tional $25,000 in coverage once every 5 years abled veterans who have received specially INCREASE IN CERTAIN BURIAL AND FUNERAL at the time of renewal. adapted housing grants from VA may pur- BENEFITS AND PLOT ALLOWANCES FOR VET- House Bill chase up to $90,000 in Veterans’ Mortgage ERANS Section 102 of H.R. 3219, as amended, would Life Insurance (VMLI). In the event of the Current law veteran’s death, the veteran’s family is pro- amend section 1977(a) of title 38, U.S.C., to Under current law, VA will pay up to $300 tected because VA will pay the balance of allow VGLI participants who are under the toward the funeral and burial costs of vet- the mortgage owed up to the maximum age of 60 and insured for less than the cur- erans who die while receiving care at certain amount of insurance purchased. rent maximum authorized for SGLI the op- VA facilities. In addition, VA will pay a $300 portunity to obtain, without a health care Senate Bill plot allowance when a veteran is buried in a examination, an additional $25,000 in cov- Section 105 of H.R. 1037, as amended, would cemetery not under U.S. government juris- erage once every 5 years at the time of re- amend section 2106(b) of title 38, U.S.C., to diction if: the veteran was discharged from newal. increase the maximum amount of insurance active duty because of a disability incurred Compromise Agreement that may be purchased under the VMLI pro- or aggravated in the line of duty; the veteran Section 404 of the Compromise Agreement gram from the current maximum of $90,000 was receiving compensation or pension, or follows the language in both bills. to $150,000 effective on October 1, 2012. The would have been if he/she was not receiving

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7661 military retired pay; or the veteran died in a Tallahassee, Florida; and Omaha, Nebraska. or knee action with prostheses in place or VA facility. The plot allowance may be paid The Secretary would be required to solicit prevent the use of prosthetic appliances. to the State for the cost of a plot or inter- the advice and views of State and local vet- Section 205(b) of H.R. 1037, as amended, ment in a State-owned cemetery reserved erans organizations. The report would be re- would add a new subsection (t) to section solely for veteran burials if the veteran was quired to include a schedule for the estab- 1114, which would provide that, if a veteran buried without charge. lishment of and the funds available for each is in need of regular aid and attendance due Senate Bill such cemetery. The Compromise Agreement to the residuals of traumatic brain injury, is not eligible for compensation under section Section 501 of H.R. 1037, as amended, would would further require annual reports to be 1114(r)(2), and, in the absence of regular aid increase payments for funeral and burial ex- submitted to Congress until the completion and attendance, would require institutional penses in the case of individuals who die in of the cemeteries. care, the veteran will be entitled to a month- VA facilities and for plot allowances up to TITLE VI—COMPENSATION AND PENSION ly aid and attendance allowance equivalent $745 and would increase this amount annu- ENHANCEMENT OF DISABILITY COMPENSATION to the allowance provided under section ally by a cost-of-living adjustment. These in- FOR CERTAIN DISABLED VETERANS WITH 1114(r)(2). creases would be effective for deaths occur- DIFFICULTIES USING PROSTHESES AND DIS- ring on or after October 1, 2010, but no cost- ABLED VETERANS IN NEED OF REGULAR AID House Bill of-living adjustment would be paid in fiscal AND ATTENDANCE FOR RESIDUALS OF TRAU- The House Bills contain no comparable year 2011. MATIC BRAIN INJURY provision. House Bill Current Law Compromise Agreement The House Bills contain no comparable Currently, under subsections (a) through Section 601 of the Compromise Agreement provision. (j) of section 1114 of title 38, U.S.C., VA pays follows the Senate Bill. Compromise Agreement disability compensation to a veteran based COST-OF-LIVING INCREASE FOR TEMPORARY DEPENDENCY AND INDEMNITY COMPENSATION Section 501 of the Compromise Agreement on the rating assigned to the veteran’s serv- PAYABLE FOR SURVIVING SPOUSES WITH DE- would increase the amount paid for the bur- ice-connected disabilities. Under subsections PENDENT CHILDREN UNDER THE AGE OF 18 ial and funeral of a veteran who dies in a VA (m), (n), and (o) of section 1114, higher levels facility or the plot allowance for a deceased of monthly compensation are paid to vet- Current Law veteran who is eligible for burial at a na- erans with severe disabilities if certain cri- Under section 1310 of title 38, U.S.C., VA tional cemetery from $300 to $700, effective teria are satisfied. The criteria for com- provides dependency and indemnity com- October 1, 2011. It would further direct the pensation under section 1114(m) include ‘‘the pensation (DIC) to a surviving spouse if a Secretary of Veterans Affairs to provide an anatomical loss . . . of both legs at a level, veteran’s death resulted from: (1) a disease annual percentage increase in relation to the or with complications, preventing natural or injury incurred or aggravated in the line Consumer Price Index. Finally, the Com- knee action with prostheses in place’’ or of duty while on active duty or active duty promise Agreement would provide that no ‘‘the anatomical loss . . . of one arm and one for training; (2) an injury incurred or aggra- cost-of-living increases are to be made to leg at levels, or with complications, pre- vated in the line of duty while on inactive these benefits in fiscal year 2012. venting natural elbow and knee action with duty for training; or (3) a service-connected prostheses in place.’’ The criteria for com- disability or a condition directly related to a INTERMENT IN NATIONAL CEMETERIES OF pensation under section 1114(n) include ‘‘the service-connected disability. PARENTS OF CERTAIN DECEASED VETERANS anatomical loss . . . of both arms at levels, Section 301 of Public Law 108–454, the Vet- Current Law or with complications, preventing natural erans Benefits Improvement Act of 2004, Under section 2402(5) of title 38, U.S.C., cer- elbow action with prostheses in place’’; ‘‘the amended section 1311 of title 38, U.S.C., to tain spouses, surviving spouses, and minor anatomical loss of both legs so near the hip authorize VA to pay a $250 per month tem- children of servicemembers and veterans as to prevent the use of prosthetic appli- porary benefit to a surviving spouse with one who are eligible for burial in national ceme- ances’’; or ‘‘the anatomical loss of one arm or more children below the age of 18, during teries are eligible to be interred in national and one leg so near the shoulder and hip as the 2 years following the date on which enti- cemeteries. to prevent the use of prosthetic appliances.’’ tlement to DIC began. This provision was en- Senate Bill The criteria for compensation under section acted in response to a May 2001 program 1114(o) include ‘‘the anatomical loss of both The Senate Bills contain no comparable evaluation report recommendation on the arms so near the shoulder as to prevent the provision. need for transitional DIC. use of prosthetic appliances.’’ Senate Bill House Bill Currently, the monthly compensation Section 201 of H.R. 1037, as amended, would Section 303 of H.R. 3949, the Corey Shea under subsections (a) through (j) of section amend section 1311(f) of title 38, U.S.C., by Act, would give VA the discretion to provide 1114 ranges from $123 per month for a single authorizing a permanent, automatic, cost-of- space-available burial to qualifying parents veteran with no dependents rated 10 percent living adjustment for this temporary DIC in the gravesite of their deceased son or to $2,673 per month for the same single vet- payment so that the value of the benefit does daughter who, on or after October 7, 2001, eran rated 100 percent. Under section 1114(l) not erode over time. died in combat or died of a combat-related of title 38, U.S.C., VA provides a higher This cost-of-living increase would occur training injury and who has no other eligible amount of compensation, currently $3,327 per whenever there is an increase in benefit survivors as identified under section 2402(5) month for a single veteran, if the veteran is amounts payable under title II of the Social of title 38, U.S.C. The term parent would ‘‘in need of regular aid and attendance.’’ A Security Act, section 401 et seq., title 42, mean the biological mother or father or, in veteran who requires regular aid and attend- U.S.C. the case of adoption, the adoptive mother or ance may be entitled to an additional $2,002 House Bill father. per month, under section 1114(r)(1) of title 38, The House Bills contain no comparable Compromise Agreement U.S.C., if the veteran suffers from severe provision. Section 502 of the Compromise Agreement service-connected physical disabilities. Also, Compromise Agreement follows the House Bill. under section 1114(r)(2), a higher level of aid and attendance compensation, currently an Section 602 of the Compromise Agreement REPORTS ON SELECTION OF NEW NATIONAL additional $2,983 per month, is provided to follows the Senate bill. CEMETERIES certain veterans with severe service-con- PAYMENT OF DEPENDENCY AND INDEMNITY Current Law nected disabilities who need ‘‘a higher level COMPENSATION TO SURVIVORS OF FORMER Current law contains no relevant provi- of care’’ in addition to regular aid and at- PRISONERS OF WAR WHO DIED ON OR BEFORE sion. tendance. Under section 1114(r)(2), this high- SEPTEMBER 30, 1999 Senate Bill er level of compensation generally is pro- Current Law vided only to a veteran who has suffered a The Senate Bills contain no comparable Under chapter 13 of title 38, U.S.C., DIC is severe anatomical loss, who needs ‘‘health- provision. paid to the surviving spouse or children of a care services provided on a daily basis in the veteran when the veteran’s death is a result House Bill veteran’s home,’’ and who would require in- of a service-connected disability. In addition, H.R. 174 would direct VA to establish a na- stitutionalization in the absence of that VA provides DIC to the surviving spouses tional cemetery for veterans in the Southern care. and children of veterans who have died after Colorado area. Senate Bill service from a non-service-connected dis- Compromise Agreement Section 205(a) of H.R. 1037, as amended, ability if the veteran had been totally dis- Section 503 of the Compromise Agreement would amend subsections (m), (n), and (o) of abled due to a service-connected disability would require VA, not later than one year section 1114 to remove the provisions condi- for a continuous period of 10 or more years following the date of enactment, to report to tioning higher monthly compensation on the immediately preceding death or for a contin- Congress on the selection and construction site of, or complications from, an anatomical uous period of at least 5 years after the vet- of five new national cemeteries in areas in loss. Instead, if the other requirements are eran’s release from service. Southern Colorado; Melbourne and Daytona, satisfied, it would allow the higher rates to Prior to Public Law 106–117, the Veterans Florida; Rochester and Buffalo, New York; be paid if any factors prevent natural elbow Millennium Health Care and Benefits Act,

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7662 CONGRESSIONAL RECORD — SENATE September 28, 2010 the survivors of former Prisoners of War award of compensation becomes effective. through 2002 in Public Law 105–33, the Bal- (POWs) were eligible for DIC under the same ‘‘Catastrophic disability’’ would be defined anced Budget Act of 1997; through 2008 in rules as all other survivors. Section 501 of as a permanent, severely disabling injury, Public Law 106–419, the Veterans’ Benefits Public Law 106–117 extended eligibility for disorder, or disease that compromises the and Health Care Improvement Act of 2000; DIC to the survivors of former POWs who ability of the veteran to carry out the activi- and through 2011 in Public Law 107–103, the died after September 30, 1999, from non-serv- ties of daily living to such a degree that the Veterans’ Education and Benefits Expansion ice-connected causes if the former POWs veteran requires personal or mechanical as- Act of 2001. were totally disabled due to a service-con- sistance to leave home or bed, or requires Senate Bill nected cause for a period of 1 or more years, constant supervision to avoid physical harm Section 204 of H.R. 1037, as amended, would rather than 10 or more years, immediately to self or others. amend section 5503(d)(7) of title 38, U.S.C., to prior to death. House Bill extend, from September 30, 2011, to Sep- Senate Bill The House Bills contain no comparable tember 30, 2014, the authority for limitation Section 208 of H.R. 1037, as amended, would provision. of VA pension to $90 per month for certain amend section 1318(b)(3) of title 38, U.S.C., to Compromise Agreement beneficiaries receiving Medicaid-covered make all survivors of former POWs eligible Section 605 of the Compromise Agreement nursing home care. for DIC if the veteran died from non-service- follows the Senate Bill. House Bill connected causes and was totally disabled APPLICABILITY OF LIMITATION TO PENSION The House Bills contain no comparable due to a service-connected condition for a provision. period of 1 or more years immediately prior PAYABLE TO CERTAIN CHILDREN OF VET- to death, without regard to date of death. ERANS OF A PERIOD OF WAR Compromise Agreement Current Law House Bill Section 607 of the Compromise Agreement Under current law, a veteran with no de- follows the Senate bill, except that the limi- The House Bills contain no comparable pendents who is entitled to receive pension tation would be extended until May 31, 2015. provision. under section 1521 of title 38, U.S.C., cannot CODIFICATION OF 2009 COST-OF-LIVING ADJUST- Compromise Agreement be paid more than $90 per month if the vet- MENT IN RATES OF PENSION FOR DISABLED Section 603 of the Compromise Agreement eran is in a nursing facility where services VETERANS AND SURVIVING SPOUSES AND follows the Senate bill. are covered by a Medicaid plan. In instances CHILDREN EXCLUSION OF CERTAIN AMOUNTS FROM CON- where a veteran’s surviving spouse is enti- Current Law SIDERATION AS INCOME FOR PURPOSES OF tled to receive pension under section 1541 of Under current law, section 5312 of title 38, VETERANS PENSION BENEFITS title 38, U.S.C., the surviving spouse also U.S.C., whenever there is an increase in ben- Current Law cannot be paid more than $90 per month if the surviving spouse has no dependents and efits payable under title II of the Social Se- Under chapter 15 of title 38, U.S.C., VA is is in a nursing facility where services are curity Act, VA automatically increases pen- authorized to pay pension benefits to war- covered by a Medicaid plan. The $90 pension sion benefits by the same percentage in- time veterans who have limited or no in- benefit may not be counted in determining crease. come, and who are ages 65 or older, or, if eligibility for Medicaid or the patient’s share Senate Bill under 65, who are permanently and totally of cost. The Senate Bills contain no comparable disabled. Under section 101(4)(A) of title 38, U.S.C., a provision. When calculating annual income for pur- child is defined as a person who is unmarried poses of these pension benefits, section 1503 House Bill and under the age of 18 years; before reach- of title 38, U.S.C., authorizes VA to include The House Bills contain no comparable ing the age of 18 years, became permanently income received by the veteran and from provision. incapable of self-support; or, after attaining most sources. However, certain sources of in- the age of 18 years and until completion of Compromise Agreement come, such as donations from public or pri- education or training, but not after attain- Section 608 of the Compromise Agreement vate relief or welfare organizations, are not ing the age of 23 years, is pursuing a course codifies current pension rates for disabled taken into account. of instruction at an approved educational in- veterans and surviving spouses and children. Senate Bill stitution. Such a child is entitled to pension TITLE VII—EMPLOYMENT AND REEM- The Senate Bills contain no comparable under section 1542 of title 38, U.S.C., if the PLOYMENT RIGHTS OF MEMBERS OF provision. income of the child is less than the statutory THE UNIFORMED SERVICES benefit amount payable to the child. If such House Bill CLARIFICATION THAT USERRA PROHIBITS a child is admitted to a nursing facility The House Bills contain no comparable WAGE DISCRIMINATION AGAINST MEMBERS where services are covered by a Medicaid provision. OF THE ARMED FORCES plan, the pension benefits for the child are Compromise Agreement not currently reduced to $90. Current Law Section 604 of the Compromise Agreement Senate Bill Under current law, section 4311(a) of title would exclude, for purposes of determining 38, U.S.C., employers may not deny any Section 207 of H.R. 1037, as amended, would income for pension eligibility, up to $5,000, ‘‘benefit of employment’’ to employees or ap- amend section 5503 of title 38, U.S.C., so that paid to a veteran from a State or munici- plicants on the basis of membership in the adult-disabled children of veterans who re- pality, if the benefit was paid due to the vet- uniformed services, application for service, ceive pension under section 1542 of title 38, eran’s injury or disease. performance of service, or service obligation. U.S.C., and are covered by a Medicaid plan However, the U.S. Court of Appeals for the COMMENCEMENT OF PERIOD OF PAYMENT OF while residing in nursing homes, would have Eighth Circuit held in 2002 that USERRA ORIGINAL AWARDS OF COMPENSATION FOR their pension benefits reduced in the same does not prohibit wage discrimination be- VETERANS RETIRED OR SEPARATED FROM manner as veterans and surviving spouses. THE UNIFORMED SERVICES FOR CATA- cause ‘‘wages or salary for work performed’’ House Bill STROPHIC DISABILITY are specifically excluded from the law’s defi- Current Law The House Bills contain no comparable nition of ‘‘benefit of employment.’’ Gagnon provision. v. Sprint Corp., 284 F.3d 839, 853 (8th Cir. Under section 5110(b)(1) of title 38, U.S.C., 2002). if a veteran files a claim for VA disability Compromise Agreement compensation within 1 year after being dis- Section 606 of the Compromise Agreement Senate Bill charged from military service, the effective follows the Senate bill. Section 403 of H.R. 1037, as amended, would date of an award of service connection will EXTENSION OF REDUCED PENSION FOR CERTAIN amend section 4303(2) of title 38, U.S.C., to be the day after the date of discharge. How- VETERANS COVERED BY MEDICAID PLANS FOR make it clear that wage discrimination is ever, under section 5111(a) of title 38, U.S.C., SERVICES FURNISHED BY NURSING FACILI- not permitted under USERRA. the effective date for payment of compensa- TIES House Bill tion based on that award will not be until Current Law The House Bills contain no comparable the first day of the month following the Public Law 101–508, the Omnibus Budget provision. month in which the service-connection Reconciliation Act of 1990, reduced VA pen- Compromise Agreement award is effective. sion for certain veterans in receipt of Med- Section 701 of the Compromise Agreement Senate Bill icaid-covered nursing home care to no more follows the Senate Bill. Section 206 of H.R. 1037, as amended, would than $90 per month, for any period after the CLARIFICATION OF THE DEFINITION OF amend section 5111 of title 38, U.S.C., to pro- month of admission to the nursing care facil- ‘‘SUCCESSOR IN INTEREST’’ vide that, if a veteran is retired from the ity. This authority expired on September 30, military for a catastrophic disability or dis- 1992, and was extended through 1997 in Public Current Law abilities, payment of disability compensa- Law 102–568, the Veterans’ Benefits Act of Section 4303 of title 38, U.S.C., uses a broad tion based on an original claim for benefits 1992; through 1998 in Public Law 103–66, the definition of the term ‘‘employer’’ and in- will be made as of the date on which the Omnibus Budget Reconciliation Act of 1993; cludes in subsection (4)(A)(iv) a definition of

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7663 a ‘‘successor in interest.’’ In regulations, the foreclosure. However, it does not address Compromise Agreement Department of Labor has provided that an what would occur in the event an individual Section 804 of the Compromise Agreement employer is a ‘‘successor in interest’’ where files for bankruptcy and a loan is modified would generally follow the Senate Bill. How- there is a substantial continuity in oper- under the authority provided under section ever, the amount of the allowance was in- ations, facilities and workforce from the 1322(b) of title 11. creased to $18,900 instead of $22,500. This al- former employer. It further stipulates that Senate Bill lowance would be adjusted October 1 of each the determination of whether an employer is Section 304 of H.R. 1037, as amended, would year, beginning in 2011, by a percentage a successor in interest must be made on a amend section 3732(a)(2) by adding a new sub- equal to the percentage by which the Con- case-by-case basis using a multifactor test paragraph that would authorize additional sumer Price Index for all urban consumers (20 C.F.R. § 1002.35). One Federal court, how- default procedures for VA home loans in the (U.S. city average) increased during the 12- ever, in a decision made prior to the promul- event that a VA home loan is modified under month period ending with the last month for gation of the regulation, held that an em- the authority provided under section 1322(b) which Consumer Price Index data is avail- ployer could not be a successor in interest of title 11. This new authority would allow able. If the Consumer Price Index does not unless there was a merger or transfer of as- VA to pay the holder of the obligation the increase, the amount of the allowance will sets from the first employer to the second. unpaid balance of the obligation, plus ac- remain the same as the previous fiscal year. (See Coffman v. Chugach Support Services crued interest, due as of the date of the filing NATIONAL ACADEMIES REVIEW OF BEST Inc., 411 F.3d 1231 (11th Cir. 2005); but see of the petition under title 11, but only upon TREATMENTS FOR GULF WAR ILLNESS Murphree v. Communications Technologies, the assignment, transfer, and delivery to VA Current Law Inc., 460 F. Supp. 2d 702 (E.D. La 2006) apply- in a form and manner satisfactory to VA of ing 20 C.F.R. § 1002.35 and rejecting the all rights, interest, claims, evidence, and Current law contains no relevant provi- Coffman merger or transfer of assets require- records with respect to the housing loan. sion. ment.) House Bill Senate Bill Senate Bill The House bills contain no comparable pro- Section 601 of H.R. 1037, as amended, would Section 402 of H.R. 1037, as amended, would vision. require VA to contract with the Institute of amend section 4303 of title 38, U.S.C., to clar- Compromise Agreement Medicine to gather a group of medical pro- ify the definition of ‘‘successor in interest’’ fessionals, who are experienced in treating Section 802 of the Compromise Agreement individuals diagnosed with Gulf War Illness, by incorporating language that mirrors the follows the Senate Bill. regulatory definition adopted by the Depart- in order to conduct a comprehensive review ELIGIBILITY OF DISABLED VETERANS AND ment of Labor. of the best treatments for this illness. The MEMBERS OF THE ARMED FORCES WITH SE- individuals these medical professionals must House Bill VERE BURN INJURIES FOR AUTOMOBILES AND have experience treating must have served The House Bills contain no comparable ADAPTIVE EQUIPMENT during the Persian Gulf War in the South- provision. Current Law west Asia theater of operations, or in Af- Compromise Agreement Under current law, section 3901 of title 38, ghanistan, Iraq, or any other theater in Section 702 of the Compromise Agreement U.S.C., veterans and members of the Armed which the Global War on Terrorism Expedi- follows the Senate bill. Forces are eligible for assistance with auto- tionary Medal is awarded for service. The final report on the review required by TECHNICAL AMENDMENTS mobiles and adaptive equipment if they suf- fer from one of three qualifying service-con- this section must be submitted to VA and Senate Bill nected disabilities: loss or permanent loss of the House and Senate Committees on Vet- Section 406 of H.R. 1037, as amended, would use of one or both feet; loss or permanent erans’ Affairs by December 31, 2011, and in- make three technical and conforming loss of use of one or both hands; or a central clude recommendations for legislative or ad- changes to various provisions of law in order visual acuity of 20/200 or less or a peripheral ministrative actions as the Institute of Med- to correct cross references to various field of vision of 20 degrees or less. icine considers appropriate in light of the re- USERRA provisions contained in chapter 43 Senate Bill sults of that review. of title 38, U.S.C., and clarify existing lan- Section 302 of H.R. 1037, as amended, would House Bill guage in the USERRA. amend section 3901 of title 38, U.S.C., so as to The House Bills contain no comparable House Bill include individuals with a service-connected provision. The House Bills contain no comparable disability due to a severe burn injury, effec- Compromise Agreement provision. tive October 1, 2010. The scope and definition Section 805 of the Compromise Agreement of what constitutes a disability due to a se- Compromise Agreement generally follows the Senate Bill except that vere burn injury would be determined pursu- Section 703 of the Compromise Agreement the final report is due to the Committees by ant to regulations prescribed by VA. follows the Senate Bill. December 31, 2012, and the term ‘‘chronic House Bill TITLE VIII—BENEFITS MATTERS multisymptom illness’’ replaces the term The House Bills contain no comparable ‘‘Gulf War Illness.’’ INCREASE IN NUMBER OF VETERANS FOR WHICH provision. PROGRAMS OF INDEPENDENT LIVING SERV- EXTENSION AND MODIFICATION OF NATIONAL Compromise Agreement ICES AND ASSISTANCE MAY BE INITIATED ACADEMY OF SCIENCES REVIEWS AND EVAL- Section 803 of the Compromise Agreement Current Law UATIONS ON ILLNESS AND SERVICE IN PER- follows the Senate Bill, except that provision SIAN GULF WAR AND POST 9/11 GLOBAL OP- Section 3120(e) of title 38, U.S.C., author- would take effect on October 1, 2011. ERATIONS THEATERS izes VA to initiate a program of independent ENHANCEMENT OF AUTOMOBILE ASSISTANCE Current Law living services for no more than 2,600 service- ALLOWANCE FOR VETERANS connected disabled veterans in each fiscal Public Law 105–277, the Omnibus Consoli- Current Law year. dated and Emergency Supplemental Appro- Under current law, section 3902 of title 38, priations Act, 1999, required VA to enter into Senate Bill U.S.C., provides up to $11,000 to eligible vet- an agreement with the National Academy of Section 301 of H.R. 1037, as amended, would erans and servicemembers for the purchase Sciences to review and evaluate the avail- eliminate the annual cap on the number of of an automobile or other conveyance and able scientific evidence regarding associa- service-connected disabled veterans who may adaptive equipment to safely operate either. tions between illnesses and exposure to toxic enroll in a program of independent living. Senate Bill agents, environmental or wartime hazards, House Bill Section 303 of H.R. 1037, as amended, would or preventive medicines or vaccines associ- The House Bills contain no comparable amend section 3902 of title 38, U.S.C., to in- ated with Persian Gulf War service. Congress provision. crease the maximum authorized automobile extended these reviews and evaluations in Compromise Agreement assistance allowance from $11,000 to $22,500, Public Law 107–103, the Veterans Education effective October 1, 2010. Section 303 would and Benefits Expansion Act of 2001. This re- Section 801 of the Compromise Agreement also direct VA to establish a method of de- quirement will expire on October 1, 2010. would increase to 2,700 the number of vet- termining the average retail cost of new Public Law 105–368, the Veterans Programs erans who may initiate a program of inde- automobiles for the preceding calendar year. Enhancement Act of 1998, required the Na- pendent living services in any fiscal year. The maximum allowance would increase, ef- tional Academy of Sciences to examine the PAYMENT OF UNPAID BALANCES OF DEPART- fective October 1 of each fiscal year, begin- scientific and medical literature on the po- MENT OF VETERANS AFFAIRS GUARANTEED ning in 2011, to an amount equal to 80 per- tential health effects of chemical and bio- LOANS cent of what VA determined to be the aver- logical agents related to the 1991 Gulf War. Current Law age retail cost of new automobiles for the The requirement for this examination ended in 2009. Under current law, section 3732 of title 38, preceding calendar year. U.S.C., provides default procedures for VA House Bill Senate Bill home loans and illustrates the actions VA The House Bills contain no comparable Section 602 of H.R. 1037, as amended, would may take to preserve the loan before suit or provision. extend until October 1, 2015, the mandate for

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7664 CONGRESSIONAL RECORD — SENATE September 28, 2010

the National Academy of Sciences to review AUTHORITY FOR THE PERFORMANCE OF MED- House Bill and evaluate scientific evidence regarding ICAL DISABILITY EXAMINATIONS BY CON- The House Bills contain no comparable associations between illnesses and exposure. TRACT PHYSICIANS provision. Section 602(b) would extend until October 1, Current Law Compromise Agreement 2018, the requirement for the National Acad- In 1996, in Public Law 104–275, the Vet- Section 902 of the Compromise Agreement emy of Sciences to report on the health ef- erans’ Benefits Improvements Act of 1996, modifies previous authorizations by pro- fects of exposure. VA was authorized to carry out a pilot pro- viding $995,000,000 for restoration, new con- House Bill gram of contract disability examinations struction, or replacement of the medical The House Bills contain no comparable through ten VA regional offices using care facility for the VAMC at New Orleans, Louisiana. provision. amounts available for payment of compensa- tion and pensions. During the initial pilot MODIFICATION OF AUTHORIZATION AMOUNT FOR Compromise Agreement program, one contractor performed all con- MAJOR MEDICAL FACILITY CONSTRUCTION Section 806 of the Compromise Agreement tract examinations at the ten selected re- PROJECT PREVIOUSLY AUTHORIZED FOR THE generally follows the Senate Bill except that gional offices. DEPARTMENT OF VETERANS AFFAIRS MED- it requires the disaggregation of results by Subsequently, in 2003, in Public Law 108– ICAL CENTER, LONG BEACH, CALIFORNIA theaters of operations before and after Sep- 183, the Veterans Benefits Act of 2003, VA Current Law tember 11, 2001. was given additional, time-limited authority Current law contains no relevant provi- to contract for disability examinations using EXTENSION OF AUTHORITY FOR REGIONAL sion. other appropriated funds. That initial au- OFFICE IN REPUBLIC OF THE PHILIPPINES Senate Bill thority was extended until December 31, 2010, Current Law by Public Law 110–389, the Veterans’ Benefits Section 202 of S. 3325, as amended, author- Improvement Act of 2008. VA continues to izes up to $117,845,000 to conduct seismic cor- Current law, section 315(b) of title 38, rections on Buildings 7 and 126 at the VAMC report high demand for compensation and U.S.C., authorizes VA to maintain a regional in Long Beach, California. office in the Republic of the Philippines pension examinations and satisfaction with House Bill until December 31, 2010. Congress has peri- the contracted examinations. odically extended this authority, most re- Senate Bill The House Bills contain no comparable provision. cently in Public Law 111–117, the Consoli- S. 3609 would extend VA’s authority, Compromise Agreement dated Appropriations Act, 2010. through December 31, 2012, to use appro- Section 903 of the Compromise Agreement Senate Bill priated funds for the purpose of contracting with non-VA providers to conduct disability modifies previous authorizations by pro- Section 603 of H.R. 1037, as amended, would examinations. The examinations would be viding $117,845,000 to conduct seismic correc- authorize VA to maintain a regional office in conducted pursuant to contracts entered tions on Buildings 7 and 126 at the VAMC in the Republic of the Philippines until Decem- Long Beach, California. into and administered by the Under Sec- ber 31, 2011. retary for Benefits. AUTHORIZATION OF APPROPRIATIONS House Bill House Bill Current Law Current law contains no relevant provi- The House Bills contain no comparable The House Bills contain no comparable sion. provision. provision. Senate Bill Compromise Agreement Compromise Agreement Section 204 of S. 3325, as amended, author- Section 807 of the Compromise Agreement Section 809 of the Compromise Agreement izes $47,338,000 to be appropriated to the Med- follows the Senate Bill, and adds that within follows the Senate Bill. ical Facilities account for the leases author- one year, the Comptroller General would be TITLE IX—AUTHORIZATION OF MEDICAL ized in section 901 and $1,112,845,000 to be ap- required to provide a report to the House and FACILITY PROJECTS AND MAJOR MED- propriated to the Construction, Major Senate Committees on Veterans’ Affairs and ICAL FACILITY LEASES Projects account for the projects authorized Appropriations on the activities of the Ma- AUTHORIZATION OF FISCAL YEAR 2011 MAJOR in sections 902 and 903. nila Regional Office. This report would also MEDICAL FACILITY LEASES House Bill include an assessment of the costs and bene- Current Law The House Bills contain no applicable pro- fits of maintaining the office in the Phil- vision. ippines in comparison with moving the ac- Current law contains no relevant provi- Compromise Agreement tivities of the office to the United States. sion. Senate Bill Section 904 of the Compromise Agreement EXTENSION OF AN ANNUAL REPORT ON generally follows the Senate Bill. EQUITABLE RELIEF Section 203 of S. 3325, as amended, would REQUIREMENT THAT BID SAVINGS ON MAJOR authorize fiscal year 2011 major medical fa- Current Law MEDICAL FACILITY PROJECTS OF DEPART- cility leases as follows: MENT OF VETERANS AFFAIRS BE USED FOR Under current law, VA is authorized to $7,149,000 for a Community Based Out- OTHER MAJOR MEDICAL FACILITY CONSTRUC- provide monetary relief to persons whom the patient Clinic (CBOC) in Billings, Montana. TION PROJECTS OF THE DEPARTMENT Secretary determines were deprived of VA $3,316,000 for an Outpatient Clinic in Bos- benefits by reason of administrative error by ton, Massachusetts. Current Law a federal government employee. The Sec- $21,495,000 for a CBOC in San Diego, Cali- Current law contains no relevant provi- retary may also provide relief which the Sec- fornia. sion. retary determines is equitable to a VA bene- $10,055,000 for a Research Lab in San Fran- Senate Bill ficiary who has suffered a loss as a con- cisco, California. Section 207 of S. 3325, as amended, contains sequence of an erroneous decision made by a $5,323,000 for a Mental Health Facility in a provision that requires that bid savings federal government employee. No later than San Juan, Puerto Rico. from major medical facility projects realized April 1 of each year, the Secretary was re- House Bill in any fiscal year must be used for major quired to submit to Congress a report con- medical facility projects authorized for that taining a statement as to the disposition of The House Bills contain no comparable provision. fiscal year or a prior year. At the time of ob- each case recommended to the Secretary for ligation, VA would be required to submit to equitable relief during the preceding cal- Compromise Agreement the Committees on Veterans’ Affairs and Ap- endar year; the requirement for this report Section 901 of the Compromise Agreement propriations of the Senate and the House of was extended through December 31, 2009, by follows the Senate Bill. Representatives notice of the source of the Public Law 109–233, the Veterans’ Housing MODIFICATION OF AUTHORIZATION AMOUNT FOR savings, the amount obligated, and the au- Opportunity and Benefits Improvement Act MAJOR MEDICAL FACILITY CONSTRUCTION thorized project the savings are being obli- of 2006. PROJECT PREVIOUSLY AUTHORIZED FOR THE gated to. Senate Bill DEPARTMENT OF VETERANS AFFAIRS MED- House Bill ICAL CENTER, NEW ORLEANS, LOUISIANA The Senate Bills contains no comparable The House Bills contain no comparable provision. Current Law provision. Compromise Agreement House Bill Current law contains no relevant provi- sion. Section 905 of the Compromise Agreement The House Bills contains no comparable Senate Bill follows the Senate Bill. provision. Section 201 of S. 3325, as amended, author- TITLE X—OTHER MATTERS Compromise Agreement izes up to $995,000,000 for restoration, new TECHNICAL CORRECTIONS The Compromise Agreement extends the construction, or replacement of the medical Current Law requirement for the report on equitable re- care facility for the VA Medical Center Current law contains no relevant provi- lief through December 31, 2014. (VAMC) at New Orleans, Louisiana. sion.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7665 Senate Bill House Bill any statements related to the bill be The Senate Bills contain no comparable The House Bills contain no comparable printed in the RECORD. provision. provision. The PRESIDING OFFICER. Without Compromise Agreement House Bill objection, it is so ordered. Section 1002 of the Compromise Agreement Mr. CONRAD. Mr. President, this is The House Bills contain no comparable contains language required by the PAYGO provision. Act in order for the estimate of budgetary ef- the Statement of Budgetary Effects of Compromise Agreement fects from the Senate Budget Committee to PAYGO legislation for H.R. 3219, as be used by the Office of Management and amended. Section 1001 of the Compromise Agreement Budget on PAYGO scorecards. contains technical corrections to title 38, Total Budgetary Effects of H.R. 3219 for the U.S.C. Mr. DURBIN. I ask unanimous con- 5-year Statutory PAYGO Scorecard: net de- sent that an Akaka substitute amend- crease in the deficit of $394 million. STATUTORY PAY-AS-YOU-GO ACT COMPLIANCE ment, which is at the desk, be agreed Total Budgetary Effects of H.R. 3219 for the Current Law to; the bill, as amended, be read a third 10-year Statutory PAYGO Scorecard: net de- Public Law 111–139, the Statutory Pay-As- time; that a budgetary pay-go state- crease in the deficit of $8 million. You-Go Act (PAYGO Act), requires that ment be considered read and printed in Also submitted for the RECORD as most new spending is offset by spending cuts the RECORD; that the bill be passed; part of this statement is a table pre- or added revenue elsewhere. that the title amendment which is at pared by the Congressional Budget Of- Senate Bill the desk be agreed to; the motions to fice, which provides additional infor- The Senate Bills contain no comparable reconsider be laid upon the table, with mation on the budgetary effects of this provision. no intervening action or debate; and Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3219, THE VETERANS’ BENEFITS ACT OF 2010 AS PROVIDED BY THE SENATE COMMITTEE ON THE BUDGET ON SEPTEMBER 27, 2010

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact a ...... 0 0 ¥154 ¥70 ¥115 ¥55 74 74 77 79 82 ¥394 ¥8 a H.R. 3219 contains provisions that would both increase and decrease direct spending for eterans’ programs. Affected programs include veterans’ education and employment benefits, disability compensation and pensions, burial bene- fits, and housing and insurance benefits for disabled veterans.

The amendment (No. 4671) was agreed S. RES. 469 The assistant legislative clerk read to. Whereas 2008 was the 175th anniversary of as follows: (The amendment is printed in today’s relations between the Kingdom of Thailand A resolution (S. Res. 646) designating RECORD under ‘‘Text of Amendments.’’) and the United States; The amendment was ordered to be Whereas the Fulbright Program is spon- Thursday, November 18, 2010, as ‘‘Feed Amer- engrossed and the bill, as amended, sored by the Bureau of Educational and Cul- ica Day.’’ read a third time. tural Affairs of the Department of State; There being no objection, the Senate Whereas the Fulbright Program currently The bill (H.R. 3219) was read the third proceeded to consider the resolution. time and passed. operates in over 150 countries; The amendment (No. 4672) was agreed Whereas the Thailand-United States Edu- Mr. DURBIN. Mr. President, I ask cational Foundation (TUSEF) was estab- unanimous consent that the resolution to, as follows: lished by a formal agreement in 1950; (Purpose: to amend the title) Whereas 2010 is the 60th anniversary of the be agreed to, the preamble be agreed Amend the title so as to read: ‘‘An Act to Fulbright Program partnership with the to, and the motions to reconsider be amend title 38, United States Code, and the Kingdom of Thailand; laid upon the table. Servicemembers Civil Relief Act to make Whereas approximately 1,600 Fulbright stu- The PRESIDING OFFICER. Without certain improvements in the laws adminis- dents and scholars from Thailand have stud- tered by the Secretary of Veterans Affairs, ied, conducted research, or lectured in the objection, it is so ordered. and for other purposes. United States; The resolution (S. Res. 646) was f Whereas 800 Fulbright grantees from the agreed to. 60TH ANNIVERSARY OF THE FUL- United States conducted research or gave The preamble was agreed to. BRIGHT PROGRAM IN THAILAND lectures in Thailand from 1951 through 2008; Whereas active consideration is being Mr. DURBIN. I ask unanimous con- The resolution, with its preamble, given to increasing the emphasis of the Ful- reads as follows: sent that the Senate proceed to the im- bright Program in southern Thailand, in- mediate consideration of Calendar No. cluding through the Fulbright English S. RES. 646 408, S. Res. 469. Teaching Assistantship Program; and Whereas Thanksgiving Day celebrates the The PRESIDING OFFICER. The Whereas the United States Government spirit of selfless giving and an appreciation clerk will report the resolution by supports additional programs in Thailand in for family and friends; the areas of education, democracy pro- title. Whereas the spirit of Thanksgiving Day is motion, good governance, and public diplo- The assistant legislative clerk read a virtue upon which the United States was as follows: macy: Now, therefore, be it Resolved, That the Senate encourages the founded; A resolution (S. Res. 469) recognizing the President to maintain and expand inter- Whereas, according to the Department of 60th Anniversary of the Fulbright Program action with the Kingdom of Thailand in ways Agriculture, roughly 35,000,000 people in the in Thailand. which facilitate close coordination and part- United States, including 12,000,000 children, There being no objection, the Senate nership in the areas of education and cul- continue to live in households that do not proceeded to consider the resolution. tural exchange throughout all of Thailand, have an adequate supply of food; and Mr. DURBIN. I ask unanimous con- including the southern provinces. Whereas selfless sacrifice breeds a genuine sent that the resolution be agreed to, f spirit of thanksgiving, both affirming and re- storing fundamental principles in our soci- the preamble be agreed to, the motions FEED AMERICA DAY to reconsider be laid upon the table, ety: Now, therefore, be it with no intervening action or debate, Mr. DURBIN. Mr. President, I ask Resolved, That the Senate— and any statements related to the reso- unanimous consent that the Judiciary (1) designates Thursday, November 18, 2010, lution be printed in the RECORD. Committee be discharged from further as ‘‘Feed America Day’’; and The PRESIDING OFFICER. Without consideration of and the Senate now (2) encourages the people of the United objection, it is so ordered. proceed to the consideration of S. Res. States to sacrifice 2 meals on Thursday, No- The resolution (S. Res. 469) was 646. vember 18, 2010, and to donate the money agreed to. The PRESIDING OFFICER. Without that would have been spent on that food to The preamble was agreed to. objection, it is so ordered. the religious or charitable organization of The resolution, with its preamble, The clerk will report the resolution their choice for the purpose of feeding the reads as follows: by title. hungry.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7666 CONGRESSIONAL RECORD — SENATE September 28, 2010 RESOLUTIONS SUBMITTED TODAY NATIONAL DAY OF REMEMBRANCE Whereas December 18, 2010, marks the 65th Mr. DURBIN. Mr. President, I ask FOR NUCLEAR WEAPONS PRO- anniversary of the incorporation of the Gold GRAM WORKERS Star Wives of America; unanimous consent that the Senate Whereas the members and veterans of the proceed to the immediate consider- The resolution (S. Res. 653) desig- Armed Forces of the United States bear the ation en bloc of the following resolu- nating October 30, 2010, as national day burden of protecting freedom for the United tions, which were submitted earlier of remembrance for nuclear weapons States; and today: S. Res. 652, S. Res. 653, S. Res. program workers was agreed to. Whereas the sacrifices of the families of 654, S. Res. 655, S. Res. 656, S. Res. 657, The preamble was agreed to. the fallen members and veterans of the S. Res. 658, S. Res. 659, S. Res. 660, and The resolution, with its preamble, Armed Forces of the United States should S. Res. 661. reads as follows: never be forgotten: Now, therefore, be it Resolved, That the Senate— There being no objection, the Senate S. RES. 653 (1) designates December 18, 2010, as ‘‘Gold proceeded to consider the resolutions Whereas, since World War II, hundreds of Star Wives Day’’; en bloc. thousands of men and women, including ura- (2) honors and recognizes— nium miners, millers, and haulers, have Mr. President, I ask unanimous con- (A) the contributions of the members of served the United States by building the nu- sent that the resolutions be agreed to, the Gold Star Wives of America, Inc.; and clear defense weapons of the United States; the preambles be agreed to, the mo- (B) the dedication of the members of the Whereas these dedicated workers paid a tions to reconsider be laid upon the Gold Star Wives of America, Inc. to the high price for their service to develop a nu- members and veterans of the Armed Forces table en bloc, with no intervening ac- clear weapons program for the benefit of the of the United States; and tion or debate, and any statements re- United States, including having developed (3) encourages the people of the United lating to the resolutions be printed in disabling or fatal illnesses; States to observe ‘‘Gold Star Wives Day’’ to the RECORD. Whereas, in 2009, Congress recognized the promote awareness of— The PRESIDING OFFICER. Without contribution, service, and sacrifice these pa- (A) the contributions and dedication of the objection, it is so ordered. triotic men and women made for the defense of the United States; members of the Gold Star Wives of America, f Whereas, in the year prior to the approval Inc. to the members and veterans of the HONORING MR. ALFRED LIND of this resolution, a national day of remem- Armed Forces of the United States; and (B) the important role the Gold Star Wives The resolution (S. Res. 652) honoring brance time capsule has been crossing the United States, collecting artifacts and the of America, Inc. plays in the lives of the Mr. Alfred Lind for his dedicated serv- stories of the nuclear workers relating to the spouses and families of the fallen members ice to the United States of America nuclear defense era of the United States; and veterans of the Armed Forces of the during World War II as a member of the Whereas these stories and artifacts rein- United States. Armed Forces and a prisoner of war, force the importance of recognizing these nu- f and for his tireless efforts on behalf of clear workers; and other members of the Armed Forces Whereas these patriotic men and women STOMACH CANCER AWARENESS touched by war was agreed to. deserve to be recognized for the contribu- MONTH The preamble was agreed to. tion, service, and sacrifice they have made The resolution (S. Res. 655) desig- The resolution, with its preamble, for the defense of the United States: Now, therefore, be it nating November 2010 as ‘‘Stomach reads as follows: Resolved, That the Senate— Cancer Awareness Month’’ and sup- S. RES. 652 (1) designates October 30, 2010, as a na- porting efforts to educate the public Whereas Mr. Alfred Lind served in World tional day of remembrance for nuclear weap- about stomach cancer was agreed to. War II from 1942 to 1945 as a member of the ons program workers, including uranium The preamble was agreed to. 58th Armored Field Artillery Battalion; miners, millers, and haulers, of the United The resolution, with its preamble, Whereas Mr. Lind was wounded in action States; and reads as follows: in combat near Brolo, Sicily when his M-7 (2) encourages the people of the United self-propelled howitzer was hit during a tank States to support and participate in appro- S. RES. 655 battle; priate ceremonies, programs, and other ac- Whereas stomach cancer is one of the most Whereas Mr. Lind was captured and held as tivities to commemorate October 30, 2010, as difficult cancers to detect and treat in the a prisoner of war for 2 years, being trans- a national day of remembrance for past and early stages of the disease, which contrib- ferred between Stalag IIB near Hammer- present workers in the nuclear weapons pro- utes to high mortality rates and human suf- stein, Stalag IIIB near Furstenberg, and Sta- gram of the United States. fering; lag IIIA near Luckenwalde; f Whereas stomach cancer is the second Whereas, after the war, Mr. Lind returned leading cause of cancer mortality worldwide; to his roots as a farmer and retired after GOLD STAR WIVES DAY Whereas, in 2009, an estimated 21,000 new many years of hard work; The resolution (S. Res. 654) desig- cases of stomach cancer were diagnosed in Whereas, after retiring, Mr. Lind turned nating December 18, 2010, as ‘‘Gold Star the United States; his attention to supporting members of the Wives Day’’ was agreed to. Whereas, in 2010, an estimated 10,000 Amer- Armed Forces by making quilts for the The preamble was agreed to. icans will die from stomach cancer; Quilts of Valor Foundation; The resolution, with its preamble, Whereas the estimated 5-year survival rate for stomach cancer is only 26 percent; Whereas the Quilt of Valor Foundation dis- reads as follows: tributes handmade quilts to members of the Whereas approximately 1 in 113 individuals Armed Forces and veterans who have been S. RES. 654 will be diagnosed with stomach cancer in wounded or touched by war to demonstrate Whereas the Senate has always honored their lifetimes; support, honor and care for our Armed the sacrifices made by the spouses and fami- Whereas an inherited form of stomach can- Forces; lies of the fallen members of the Armed cer carries a 67 to 83 percent risk that an in- Whereas the Quilt of Valor Foundation has Forces of the United States; dividual will be diagnosed with stomach can- made and distributed over 30,000 quilts to Whereas the Gold Star Wives of America, cer by age 80; members of the Armed Forces and veterans Inc. represents the spouses and families of Whereas, in the United States, stomach since the foundation began in 2003; the members and veterans of the Armed cancer is more prevalent among racial and Whereas Mr. Lind has made over 400 quilts Forces of the United States who have died on ethnic minorities; in honor of other members of the Armed active duty or as a result of a service-con- Whereas better patient and health care Forces who have been touched by war; nected disability; provider education is needed for the timely Whereas Mr. Lind passed away on Sep- Whereas the primary mission of the Gold recognition of stomach cancer risks and tember 10, 2010, at the age of 92; and Star Wives of America, Inc. is to provide symptoms; Whereas Mr. Lind was a true patriot, who services, support, and friendship to the Whereas more research into effective early continued his service to the Armed Forces of spouses of the fallen members and veterans diagnosis, screening, and treatment for the United States long after his retirement: of the Armed Forces of the United States; stomach cancer is needed; and Now, therefore, be it Whereas, in 1945, the Gold Star Wives of Whereas November 2010 is an appropriate Resolved, That the Senate honors Mr. Al- America, Inc. was organized with the help of month to observe ‘‘Stomach Cancer Aware- fred Lind for— Mrs. Eleanor Roosevelt to assist the families ness Month’’: Now, therefore, be it (1) his service to the United States as a sol- left behind by the fallen members and vet- Resolved, That the Senate— dier and as a prisoner of war; and erans of the Armed Forces of the United (1) designates November 2010 as ‘‘Stomach (2) his dedication to provide solace and States; Cancer Awareness Month’’; comfort through Quilts of Valor to members Whereas the first meeting of the Gold Star (2) supports efforts to educate the people of of the Armed Forces and veterans alike. Wives of America, Inc. was in 1945; the United States about stomach cancer;

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7667 (3) recognizes the need for additional re- part of the inaugural USA Science & Engi- working hard to make the USA Science search into early diagnosis and treatment neering Festival. & Engineering Festival a success and I for stomach cancer; and Mr. KAUFMAN. Mr. President, I rise encourage students and families across (4) encourages the people of the United today to express my support for the in- the country to participate in this ex- States and interested groups to observe and support November 2010 as ‘‘Stomach Cancer augural USA Science & Engineering traordinary event. Awareness Month’’ through appropriate pro- Festival. grams and activities to promote public As the only serving Senator who has f awareness of, and potential treatments for, worked as an engineer, I am proud to stomach cancer. sponsor a resolution acknowledging the CELEBRATING THE 75TH ANNIVER- f importance of science and engineering SARY OF THE DEDICATION OF education. THE HOOVER DAM EXPRESSING SUPPORT FOR THE I would also like to thank Majority INAUGURAL USA SCIENCE & EN- Leader REID and Senators AKAKA, BAU- The resolution (S. Res. 657) cele- GINEERING FESTIVAL CUS, and ROCKEFELLER for joining me brating the 75th anniversary of the The resolution (S. Res. 656) express- in introducing this resolution. dedication of the Hoover Dam was ing support for the inaugural USA I have spoken many times on the agreed to. Senate floor about the need to inspire Science & Engineering Festival was The preamble was agreed to. agreed to. a new generation of graduates educated The resolution, with its preamble, The preamble was agreed to. in science, technology, engineering, reads as follows: The resolution, with its preamble, and mathematics, or STEM. According reads as follows: to a report released last week by the S. RES. 657 National Academy of Sciences, the S. RES. 656 Whereas the Hoover Dam, a concrete arch- United States ranks 27th among devel- gravity storage dam, was built in the Black Whereas the global economy of the future oped nations in the proportion of col- will require a workforce that is educated in Canyon of the Colorado River between the the fields of science, technology, engineer- lege students receiving undergraduate States of Nevada and Arizona, forever chang- ing, and mathematics (referred to in this degrees in engineering or science. This ing how water is managed across the West; preamble as ‘‘STEM’’); trend must be reversed. Whereas, on September 30, 1935, President Whereas a new generation of American stu- Last year, the science community of Franklin D. Roosevelt dedicated the Hoover dents educated in STEM is crucial to ensure greater San Diego recognized this need Dam; continued economic growth; and launched the inaugural San Diego Whereas the construction of the Hoover Whereas advances in technology have re- Dam created Lake Mead, a reservoir that can Science Festival. According to the fes- store an amount of water that is equal to 2 sulted in significant improvements in the tival’s Web site, part of its mission was daily lives of the people of the United States; years average flow of the Colorado River; Whereas scientific discoveries are critical to demonstrate to students that ca- Whereas the construction of the Hoover to curing diseases, solving global challenges, reers in STEM are ‘‘interesting, acces- Dam provided vitally critical flood control, and expanding our understanding of the sible, and a pathway to a better fu- water supply, and electrical power and world; ture.’’ By all accounts, the San Diego helped to create and support the economic Whereas strengthening the interest of Science Festival was sensational and growth and development of the South- American students, particularly young attracted more than 500,000 partici- western United States; women and underrepresented minorities, in Whereas the Hoover Dam has prevented an pants which inspired a national STEM estimated $50,000,000,000 in flood damages in STEM education is necessary to maintain effort—the USA Science & Engineering the global competitiveness of the United the Lower Colorado River Basin; States; Festival. Whereas the Hoover Dam provides water Whereas countries around the world have Hosted by Lockheed Martin, the USA for more than 18,000,000 people and 1,000,000 held science festivals that have brought to- Science & Engineering Festival is a acres of farmland in the States of Arizona, gether hundreds of thousands of visitors to grassroots collaboration of over 500 of California, and Nevada and 500,000 acres of celebrate science; the Nation’s leading science organiza- farmland in Mexico, as well as produces an Whereas the inaugural 2009 San Diego tions, including professional science average of 4,000,000,000 kilowatt-hours of hy- droelectric power each year; Science Festival attracted more than 500,000 and engineering societies, universities, participants and inspired a national STEM Whereas the Hoover Dam, an engineering government agencies, industry part- marvel at 726.4 feet from bedrock to crest, effort; ners, and K–12 schools working to rein- Whereas the mission of the USA Science & was the highest dam in the world at the time Engineering Festival is to reinvigorate the vigorate young people’s interest in the Hoover Dam was constructed; interest of the young people of the United STEM. It also has a strong advisory Whereas the Hoover Dam is an enduring States in STEM by producing exciting and board including Nobel Laureates, lead- symbol of the ingenuity of the United States educational science and engineering gath- ers of Fortune 100 technology and and the persistence of hardworking Ameri- erings; and science companies, innovators, sci- cans during the Great Depression; Whereas the Hoover Dam is the model for Whereas thousands of individuals from uni- entists, and STEM educators. versities, museums and science centers, major water management projects around The festival launches in the Wash- the world; and STEM professional societies, educational so- ington, DC area on October 10 and cul- cieties, government agencies and labora- Whereas the Hoover Dam is registered as a tories, community organizations, K-12 minates in a 2-day expo on the Na- National Historic Landmark on the National schools, volunteers, corporate and private tional Mall on October 23 and 24. It will Register of Historic Places and is considered sponsors, and nonprofit organizations have feature more than 1,500 hands-on ac- 1 of 7 modern engineering wonders by the come together to organize the inaugural tivities and more than 75 stage shows. American Society of Civil Engineers: Now, USA Science & Engineering Festival across At the same time, dozens of satellite therefore, be it the United States, including a 2-day expo- locations will be hosting festival Resolved, That the Senate— sition on the National Mall that will feature events across the country. This first- (1) celebrates and acknowledges the thou- more than 1,500 hands-on activities and more ever national science festival is gear- sands of workers and families that overcame than 75 stage shows: Now, therefore, be it difficult working conditions and great chal- Resolved, That the Senate— ing up to be an extremely successful lenges to make construction of the Hoover (1) expresses the support of the Senate for event. Dam possible; the inaugural USA Science & Engineering I believe that encouraging more stu- (2) celebrates and acknowledges the eco- Festival to be held in October 2010 in Wash- dents to pursue careers in the STEM nomic, cultural, and historic significance of ington, D.C.; fields, particularly young women and the Hoover Dam; (2) commends the Nobel Laureates, institu- underrepresented minorities, is nec- (3) recognizes the past, present, and future tions of higher education, corporate spon- essary to maintaining our economic benefits of the construction of the Hoover sors, and all the various organizations whose and global competitiveness. Countries Dam to the agricultural, industrial, and efforts will make the USA Science & Engi- around the world have held science fes- urban development of the Southwestern neering Festival possible; and United States; and (3) encourages students and their families tivals in support of STEM education (4) joins the States of Arizona, California, to participate in the activities which will and I am so pleased that the United Nevada, and the people of the United States take place on the National Mall and across States is on the eve of doing the same. in celebrating the 75th anniversary of the the United States at satellite locations as I commend those individuals who are dedication of the Hoover Dam.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7668 CONGRESSIONAL RECORD — SENATE September 28, 2010 NATIONAL CHARACTER COUNTS (1) designates the week beginning October SUPPORTING ‘‘LIGHTS ON WEEK 17, 2010, as ‘‘National Character Counts AFTERSCHOOL’’ Week’’; and The resolution (S. Res. 658) desig- (2) calls upon the people of the United The resolution (S. Res. 659) sup- nating the week beginning October 17, States and interested groups— porting ‘‘Lights On Afterschool,’’ a na- 2010, as ‘‘National Character Counts (A) to embrace the elements of character tional celebration of afterschool pro- Week’’ was agreed to. identified by local schools and communities, grams, was agreed to. The preamble was agreed to. such as trustworthiness, respect, responsi- The preamble was agreed to. The resolution, with its preamble, bility, fairness, caring, and citizenship; and The resolution, with its preamble, reads as follows: (B) to observe the week with appropriate reads as follows: S. RES. 658 ceremonies, programs, and activities. S. RES. 659 Whereas the well-being of the United Mr. DODD. Mr. President, today Sen- Whereas high-quality afterschool programs States requires that the young people of the ator GRASSLEY and I resubmitted a res- provide safe, challenging, engaging, and fun United States become an involved, caring learning experiences that help children and citizenry of good character; olution designating the third week of youth develop their social, emotional, phys- Whereas the character education of chil- October as National Character Counts ical, cultural, and academic skills; dren has become more urgent, as violence by Week. Last year, Senator GRASSLEY Whereas high-quality afterschool programs and against youth increasingly threatens the and I worked together on the issue of support working families by ensuring that physical and psychological well-being of the character education, and I am pleased the children in such families are safe and people of the United States; productive after the regular school day ends; Whereas more than ever, children need to continue to designate a special week to this cause. I hope that with this res- Whereas high-quality afterschool programs strong and constructive guidance from their build stronger communities by involving stu- families and their communities, including olution we may highlight the impor- dents, parents, business leaders, and adult schools, youth organizations, religious insti- tance of character building activities volunteers in the lives of the youth of the tutions, and civic groups; in schools not only this week but all Nation, thereby promoting positive relation- Whereas the character of a nation is only year long. ships among children, youth, families, and as strong as the character of its individual adults; citizens; Since 1994, when the Partnerships in Whereas high-quality afterschool programs Whereas the public good is advanced when Character Education Pilot Project was engage families, schools, and diverse commu- young people are taught the importance of first established, I have worked to com- nity partners in advancing the well-being of good character and the positive effects that memorate National Character Counts the children in the United States; good character can have in personal relation- Whereas ‘‘Lights On Afterschool’’, a na- ships, in school, and in the workplace; Week. Character Counts was founded on a simple notion: our core ethical tional celebration of afterschool programs Whereas scholars and educators agree that held on October 21, 2010, highlights the crit- people do not automatically develop good values are not just important to us as ical importance of high-quality afterschool character and that, therefore, conscientious individuals—they form the very foun- programs in the lives of children, their fami- efforts must be made by institutions and in- dation of democratic society. We know lies, and their communities; dividuals that influence youth to help young that in order to face our challenges as Whereas more than 28,000,000 children in people develop the essential traits and char- communities and as a Nation, we need the United States have parents who work acteristics that comprise good character; our children to be both well-educated outside the home and 15,100,000 children in Whereas although character development the United States have no place to go after is, first and foremost, an obligation of fami- and trained—and that begins with in- school; and lies, the efforts of faith communities, stilling character in our children. Whereas many afterschool programs across schools, and youth, civic, and human service Trustworthiness, respect, responsi- the United States are struggling to keep organizations also play an important role in bility, fairness, caring, and citizen- their doors open and their lights on: Now, fostering and promoting good character; ship—these are the six pillars of char- therefore, be it Whereas Congress encourages students, Resolved, That the Senate supports the teachers, parents, youth, and community acter. goals and ideals of ‘‘Lights On Afterschool’’, leaders to recognize the importance of char- Character education provides stu- a national celebration of afterschool pro- acter education in preparing young people to dents a context within which to learn grams. play a role in determining the future of the those values and integrate them into Mr. DODD. Mr. President, today Sen- United States; ator ENSIGN and I have submitted a res- Whereas effective character education is our daily lives. Indeed, if we view edu- based on core ethical values, which form the cation simply as the imparting of olution designating October 21, 2010, foundation of a democratic society; knowledge to our children, then we not Lights On Afterschool Day. Lights On Whereas examples of character are trust- only miss an opportunity, but we also Afterschool brings students, parents, worthiness, respect, responsibility, fairness, jeopardize our future. educators, lawmakers, and community caring, citizenship, and honesty; and business leaders together to cele- Whereas elements of character transcend The American public wants character brate afterschool programs. This year, cultural, religious, and socioeconomic dif- education in our schools, too. Studies more than 1 million Americans are ex- ferences; show that approximately 90 percent of pected to attend about 7,500 events de- Whereas the character and conduct of our Americans support schools teaching signed to raise awareness and support youth reflect the character and conduct of character education. Character edu- society, and, therefore, every adult has the for these much needed programs. responsibility to teach and model ethical cation programs work. Currently, there In America today, one in four values and every social institution has the are character education programs youth—more than 15 million children— responsibility to promote the development of across all 50 States in rural, urban and go home alone after the school day good character; suburban areas at every grade level. ends. This includes more than 40,000 Whereas Congress encourages individuals Schools across the country that have kindergartners and almost 4 million and organizations, especially those that have adopted strong character education middle school students in grades six to an interest in the education and training of eight. On the other hand, only 8.4 mil- the young people of the United States, to programs report better student per- formance, fewer discipline problems, lion children, or approximately 15 per- adopt the elements of character as intrinsic cent of school-aged children, partici- to the well-being of individuals, commu- and increased student involvement nities, and society; within the community. pate in afterschool programs. An addi- Whereas many schools in the United States tional 18.5 million would participate if recognize the need, and have taken steps, to This renewed focus on character a quality program were available in integrate the values of their communities sends a wonderful message to Ameri- their community. into their teaching activities; and cans and will help reinvigorate our ef- Lights On Afterschool, a national Whereas the establishment of ‘‘National forts to get communities and schools celebration of afterschool programs, is Character Counts Week’’, during which indi- involved. With this resolution, it is my celebrated every October in commu- viduals, families, schools, youth organiza- hope that even more communities will nities nationwide to call attention to tions, religious institutions, civic groups, make character education a part of the importance of afterschool pro- and other organizations focus on character education, is of great benefit to the United every child’s life. I hope that my col- grams for America’s children, families States: Now, therefore, be it leagues will support this important ef- and communities. Lights On After- Resolved, That the Senate— fort. school was launched in October 2000

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 28, 2010 CONGRESSIONAL RECORD — SENATE S7669 with celebrations in more than 1,200 Whereas consistent polling and scholarly cial Security. This lawsuit seeking to communities nationwide. The event research have shown that even countries compel the Congress to take legislative has grown from 1,200 celebrations in that disagree with some aspects of United action is not cognizable before the Fed- 2001 to more than 7,500 today. This Oc- States foreign policy admire the leadership eral courts. This resolution authorizes of the United States in science, technology, tober, 1 million Americans will cele- engineering, and mathematics; and the Senate Legal Counsel to represent brate Lights On Afterschool. Whereas international scientific coopera- the President pro tempore, Senator Mr. President, quality afterschool tion has produced successful engagement and INOUYE, in this case and to move for its programs should be available to chil- led to improved relations with countries that dismissal. dren in all communities. These pro- exhibited hostility to the United States in grams support working families and the past, including Russia and the People’s f prevent kids from being both victims Republic of China: Now, therefore, be it and perpetrators of violent crime. They Resolved, That the Senate— (1) commends individuals and institutions ORDERS FOR WEDNESDAY, also help parents in balancing work that participate in and support advance- SEPTEMBER 29, 2010 and home-life. Quality afterschool pro- ments in science, technology, engineering, grams help to engage students in their and mathematics, especially through inter- Mr. DURBIN. Mr. President, I ask communities, and when students are national partnerships; unanimous consent that when the Sen- engaged, they are more successful in (2) supports the Science Envoy Program as ate completes its business today, it ad- their educational endeavors. representative of the commitment of the journ until 9:30 a.m. on Wednesday, As co-chairmen of the Senate After- United States to collaborate with other September 29; that following the pray- countries to promote the advancement of school Caucus, Senator ENSIGN and I er and pledge, the Journal of pro- science and technology throughout the world have been working for more than 5 ceedings be approved to date, the based on issues of common interest and ex- morning hour be deemed expired, the years to impress upon our colleagues pertise; and the importance of afterschool program- (3) encourages the Secretary of State to es- time for the two leaders be reserved for ming. It is our hope that they will join tablish a public diplomacy program that uses their use later in the day; that after us on October 21 to celebrate the im- embassies of the United States and the re- any leader remarks, the Senate proceed portance of afterschool programs in sources of the Smithsonian Institution and to a period of morning business until 10 their communities back home. other such institutions— a.m., with the time equally divided be- (A) to establish engaging exhibits that pro- tween the two leaders or their des- f vide examples of cooperation between insti- ignees; that following morning busi- tutions and the people of the United States ness, the Senate debate the motion to EXPRESSING SUPPORT FOR A and the institutions and people of the host PUBLIC DIPLOMACY PROGRAM country in the fields of science, technology, proceed to S.J. Res. 39 as provided for PROMOTING ADVANCEMENTS IN engineering, and mathematics; under the previous order; that upon SCIENCE, TECHNOLOGY, ENGI- (B) to create fora for individuals working disposition of the joint resolution, the NEERING, AND MATHEMATICS or conducting research in science, tech- Senate resume consideration of the nology, engineering, and mathematics in the motion to proceed to H.R. 3081, the leg- The resolution (S. Res. 660) express- host country to discuss their work and the islative vehicle for the continuing reso- ing support for a public diplomacy pro- cooperation with the institutions and people lution; and that the Senate recess from gram promoting advancements in of the United States and those of the host 12:30 until 2:15 to allow for the caucus science, technology, engineering, and country; and meetings. Finally, I ask that any time mathematics made by or in partnership (C) to encourage future cooperation and re- during consideration of the motion to with the people of the United States lationships with students around the world proceed to S.J. Res. 39, morning busi- was agreed to. in science, technology, engineering, and mathematics. ness, recess, or adjournment count The preamble was agreed to. postcloture. The resolution, with its preamble, f reads as follows: The PRESIDING OFFICER. Without SENATE LEGAL COUNSEL objection, it is so ordered. S. RES. 660 AUTHORIZATION Whereas science, technology, engineering, The resolution (S. Res. 661) to au- and mathematics are vital fields of increas- f ing importance in driving the economic en- thorize representation by the Senate gine and ensuring the security of the United Legal Counsel in the case of McCarthy PROGRAM States; v. Byrd, et al. was agreed to. Whereas science, technology, engineering, The preamble was agreed to. Mr. DURBIN. Mr. President, Sen- and mathematics have played, and will con- The resolution, with its preamble, ators should expect the first vote of the tinue to play, critical roles in helping to de- reads as follows: day to begin at 12 noon. That vote will velop clean energy technologies, find life- S. RES. 661 be on the motion to proceed to S.J. saving cures for diseases, solve security chal- Res. 39, a joint resolution providing for lenges, and discover new solutions for dete- Whereas, in the case of McCarthy v. Byrd, et al., Case No. 1:10–CV–03317, pending in the congressional disapproval of a rule re- riorating transportation and infrastructure; lating to status as a grandfathered Whereas the United States is recognized as United States District Court for the District an international leader in science, tech- of New Jersey, plaintiff has named as a de- health plan under the Patient Protec- nology, engineering, and mathematics and a fendant the President Pro Tempore of the tion and Affordable Care Act. We are destination for individuals from all over the Senate; and also working on an agreement to com- world studying in those fields; Whereas, pursuant to sections 703(a) and plete action on the continuing resolu- Whereas in partnership with countries and 704(a)(1) of the Ethics in Government Act of tion tomorrow. Senators will be noti- individuals across the globe, the people of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the fied when any additional votes are Senate may direct its counsel to defend the United States have made advances in scheduled. science, technology, engineering, and mathe- Members and officers of the Senate in civil matics that have advanced the knowledge actions relating to their official responsibil- and improved the condition of human beings ities: Now therefore, be it f everywhere; Resolved, That the Senate Legal Counsel is Whereas international scientific coopera- authorized to represent Senator Inouye, the ADJOURNMENT UNTIL 9:30 A.M. President Pro Tempore of the Senate, in the tion enhances relationships among partici- TOMORROW pating countries by building trust and in- case of McCarthy v. Byrd, et al. creasing understanding between those coun- Mr. REID. Mr. President, this resolu- Mr. DURBIN. Mr. President, if there tries and cultures through the collaborative tion concerns a civil action filed is no further business to come before nature of scientific dialogue; against the President pro tempore of the Senate, I ask unanimous consent Whereas partnerships between the people the Senate and the Speaker of the that it stand adjourned under the pre- of other countries and the people of the vious order. United States are the most effective form of House of Representatives seeking to public diplomacy, helping to counter mis- have the Federal courts order Congress There being no objection, the Senate, conceptions based on fear, ignorance, and to pass legislation enacting the plain- at 8:13 p.m., adjourned until Wednes- misinformation; tiff’s proposal to purportedly save So- day, September 29, 2010, at 9:30 a.m.

VerDate Mar 15 2010 22:05 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28SE0.REC S28SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE